[§329-125]  Protections afforded to a
qualifying patient or primary caregiver.  (a)  A qualifying patient or the
primary caregiver may assert the medical use of marijuana as an affirmative
defense to any prosecution involving marijuana under this [part] or chapter
712; provided that the qualifying patient or the primary caregiver strictly
complied with the requirements of this part.



(b)  Any qualifying patient or primary
caregiver not complying with the permitted scope of the medical use of
marijuana shall not be afforded the protections against searches and seizures
pertaining to the misapplication of the medical use of marijuana.



(c)  No person shall be subject to arrest or
prosecution for simply being in the presence or vicinity of the medical use of
marijuana as permitted under this part. [L 2000, c 228, pt of §2]