Marijuana – RI Future

August 13, 2016August 16, 2016

Linc Chafee pushed DEA to reconsider cannabis

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The federal government might be comfortable equating marijuana to heroin, crack and meth, but Rhode Island isn’t. At least it wasn’t when Linc Chafee was our governor. The Drug Enforcement Administration’s recent headline-grabbing decision to keep cannabis as a Schedule 1 drug was the result of a request from the Chafee administration in 2011.

In a July 19 , Chuck Rosenberg, the acting administrator of the DEA, wrote, “On November 30, 2011, your predecessors, The Honorable Lincoln D. Chafee and The Honorable Christine O. Gregoire, petitioned the Drug Enforcement Administration (DEA) to initiate rulemaking proceedings under the rescheduling provisions of the Controlled Substances Act (CSA),” . “Specifically, your predecessors petitioned the DEA to have marijuana and “related items” removed from Schedule I of the CSA and rescheduled as medical cannabis in Schedule II.”

The DEA, it should be noted, disagreed, writing to Raimondo, “Based on the HHS evaluation and all other relevant data, the DEA has concluded that there is no substantial evidence that marijuana should be removed from Schedule I.” It cited three main reasons: “Marijuana has a high potential for abuse. Marijuana has no currently accepted medical use in treatment in the United States. Marijuana lacks accepted safety for use under medical supervision.” An editorial in today’s New York Times proves false each of those three reasons. The DEA was also responding to a request from the governor of Washington and a citizen of New Mexico.

While governor of Rhode Island, Chafee signed legislation to decriminalize less than an ounce of marijuana. But he declined to push Rhode Island to become the first state on the East Coast to tax and regulate marijuana. As a presidential candidate earlier this year, there was some reason to believe Chafee was considering campaigning as a pro-pot candidate after he said his position on full federal legalization would “evolve during the campaign.”

Governor Raimondo has taken a similar tack on taxing and legalizing marijuana as Chafee did during his tenure. “I could see Rhode Island eventually getting there, but I’m not going to rush,” she said in March. On medical marijuana, she pushed legislation that added a per-plant tax to patients who don’t grow their own.

According to a spokeswoman for Raimondo, the governor doesn’t plan to pursue the matter with the DEA any further. “This petition was submitted during the prior administration, so the governor does not plan to respond to the letter,” said Marie Aberger, who did not respond to a question asking if Raimondo thinks marijuana should be considered a Schedule 1 drug.

Rhode Island has the highest per capita marijuana users in the nation and a recent poll found 55 percent of Rhode Islanders favor legalization. A different poll found 53 percent of Americans favor legalization.

June 3, 2016June 3, 2016

Mattiello, Paiva Weed prevent vote on legalizing marijuana

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It’s been five years since legislation was introduced in the Rhode Island General Assembly to legalize marijuana. Since then Colorado and Washington have shown legalization has negligible effects on teen use and tremendous benefits on taxes. And even as Massachusetts seems poised to beat the Ocean State to the more than $100 million in new revenue all but guaranteed to the first New England state to end prohibition, most Rhode Islanders still don’t even know where their legislators stand on this issue.

That’s because House Speaker Nick Mattiello and Senate President Teresa Paiva Weed haven’t allowed a vote on the five-year-old bill that has proven safe and profitable elsewhere, advocates said at a State House event Thursday.

“We believe that by not allowing a vote the speaker and the Senate president are implicitly endorsing the failed status quo,” said Jared Moffat, an organizer for Regulate Rhode Island, the local group calling attention to marijuana legalization’s potential to increase revenue and freedom while decreasing teen use and mass incarceration.

Regulate Rhode Island delivered a petition with more than 1,300 signatures on it to the legislative leaders. And making the case for legalizing marijuana at a subsequent press event were the doctor and lawyer who co-chair the organization.

Andrew Horwitz is a criminal defense attorney and law professor at Roger Williams Univeristy.

Dr. James Crowley is a former president of the Rhode Island Medical Society.

May 2, 2016May 2, 2016

Polls show climate change and cannabis are important to Rhode Island

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Lost in last week’s primary election were some other promising poll numbers for progressives. A Public Policy Polling survey found 3 of 4 Rhode Islanders would be more likely to support a candidate who would drastically decrease our dependence on fossil fuels and a Brown University Taubman Center poll found 55 percent of Rhode Islanders want to legalize recreational marijuana.

Climate change

The PPP poll of 1,179 likely Rhode Island primary voters found that 53 percent of Rhode Islanders were “much more likely” to “vote for a candidate who believes the United States must do all it can to lessen our dependence on fossil fuels by embracing measures like solar, wind, and renewable fuels, like biofuels,” and 22 percent “somewhat more likely” to support such a candidate. Only 26 percent of Rhode Islanders don’t want to support a climate champion for elected office with 11 percent “somewhat less likely” to support such a candidate, 7 percent were “much less likely” and 8 percent said it wouldn’t make a difference.

Even a majority of Rhode Island Republicans want to support a climate champion, the PPP poll found. A total of 63 percent of Republicans were more likely to support a candidate who would decrease dependence on fossil fuels, with 37 percent much more likely and 26 percent somewhat more likely. For Republicans, 27 percent were less likely to vote for a candidate who would invest in alternative energy and 10 percent of Democrats.

The PPP survey parsed its climate change question in terms of fossil fuels contributing to terrorism. It asked: “You may have heard about a connection between fossil fuels and terrorism. Even though the US doesn’t buy oil directly from regimes hostile to us and our allies, our demand for oil does drive up world prices, which benefits hostile regimes. Knowing this, would you be much more likely, somewhat more likely, somewhat less likely, or much less likely to vote for a candidate who believes the United States must do all it can to lessen our dependence on fossil fuels by embracing measures like solar, wind, and renewable fuels, like biofuels?”

Cannabis

The Brown poll posed a more straight-forward question about marijuana. “Thinking beyond medical marijuana, do you support or oppose changing the law in Rhode Island to regulate and tax the use of marijuana, similarly to alcohol,” it asked.

Much of Rhode Island does, with 55 percent answering yes. 21 percent strongly support taxing and regulating cannabis and another 34 percent support it. Only 4 percent were neutral, 24 percent oppose the idea and 12 percent strongly oppose ending prohibition. 5 percent said they didn’t know or refused to answer.

Young Rhode Islanders overwhelmingly want marijuana to be legal, with 72 percent of people age 18 to 44 supporting the idea. Older Rhode Islanders were evenly split with 42.9 percent supporting legalization and 42.1 percent opposed. 56.3 percent of people age 45 to 64 support it and 37.7 percent are opposed.

The poll showed people were more likely to support regulating cannabis like alcohol the more education and income they had.

It also showed that white people were both more likely to support and oppose legalization than black people. 55 percent of white people polled said they support legalization and 36 percent were opposed compared with 50 percent of black respondents who support it and 30 percent who are opposed. Conversely black respondents were more than twice as likely as whites to either refuse to answer or remain neutral.

March 28, 2016March 28, 2016

Colorado marijuana coordinator at State House Tuesday

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Rep. Scott A. Slater (D-Dist. 10, Providence) and Sen. Joshua Miller (D-Dist. 28, Cranston, Providence) will host Andrew Freedman, Director of the Governor’s Office of Marijuana Coordination in Colorado, for a presentation and question and answer session on Colorado’s implementation and oversight of the state’s marijuana laws on Tuesday, March 29 at 3 p.m. in Room 101 of the State House.

Mr. Freedman will be discussing the outcomes, challenges and opportunities that regulating marijuana has presented in Colorado. Representative Slater and Senator Miller have both introduced legislation (2016-H 7752 / 2016-S 2420) that would remove the state’s prohibition on adults using, possessing, and cultivating marijuana for personal use. Their legislation also establishes a system of regulated marijuana retail distribution to adults 21 and older and imposes taxes at both the wholesale and retail level.

[From a RI State House press release]

March 23, 2016

Millennial-based orgs praise RI Senate leaders for supporting proposal to regulate and tax marijuana

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Some of the state’s most prominent millennial-based civic engagement organizations are praising state Senate leaders for supporting legislation that would end marijuana prohibition in Rhode Island and replace it with a system in which marijuana is regulated and taxed similarly to alcohol.

In a letter to Majority Leader Dominick Ruggerio and other members of the Senate on Tuesday, leaders of the Young Democrats of Rhode Island and Students for Sensible Drug Policy thanked the senators for backing S 2420 because it would “improve Rhode Island’s ability to protect students, retain graduates, attract young professionals and create opportunities for a new generation of entrepreneurs.” The full letter is available below.

S 2420 would make possession of limited amounts of marijuana legal for adults 21 years of age and older, and it would establish a tightly controlled system of licensed marijuana cultivation sites, testing facilities, and retail stores.

“It’s a sensible proposal that is long overdue, and we are proud to stand with you in support of it,” the letter reads. “The time has come for Rhode Island to move forward and leave the antiquated policy of marijuana prohibition behind.”

A poll conducted in April of 2015 found that nearly three out of four voters aged 18 to 34 support regulating and taxing marijuana similarly to alcohol. The full results of the poll can be found here.

Full letter from Rhode Island youth leaders to ranking members of the Rhode Island Senate:

Dear Honorable Members of the Rhode Island Senate,

We are writing on behalf of our organizations and their many members across Rhode Island to express our gratitude for your support of S 2420, the Marijuana, Regulation, Control, and Taxation Act.

The Young Democrats of Rhode Island and Students for Sensible Drug Policy represent a diverse group of young, civically engaged Rhode Islanders who share a commitment to promoting the health, safety, and general welfare of our communities. We strongly support S 2420 because it would dramatically enhance Rhode Island’s ability to protect teens, retain graduates, attract young professionals, and create opportunities for a new generation of entrepreneurs.

Our state’s current policy of marijuana prohibition has caused far more problems than it has solved. It has failed to prevent teens from accessing marijuana. It has disproportionately impacted lower-income communities and communities of color. And rather than eliminating the supply of marijuana, prohibition has forced it into an underground market in which consumers aren’t asked for ID, they don’t know what they’re getting, and they’re often exposed to other, more harmful substances.

S 2420 would replace our state’s underground marijuana economy with a regulated market for adults. Marijuana would be sold by licensed businesses that test their products, label them, and only sell them to adults who provide proof of age. These companies would also create good jobs for Rhode Islanders and generate tens of millions of dollars in new tax revenue to fund vital state programs and services.

It is a sensible proposal that is long overdue, and we are proud to stand with you in support of it. The time has come for Rhode Island to move forward and leave the antiquated policy of marijuana prohibition behind.

Sincerely,

Michael Beauregard
Young Democrats of Rhode Island

Shmuel Barkan
Brown University Students for Sensible Drug Policy

Patrick Shea
University of Rhode Island Students for Sensible Drug Policy

February 12, 2016

Wingmen debate the hows, not the whys, of taxing and regulating marijuana

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Bob Plain and Jon Brien go head to head over marijuana legalization on Wingmen, or they would have, had they actually disagreed. The discussion centered on how to execute the regulation and taxation, not on whether it should be done. Host Bill Rappleye moderates.

February 10, 2016

Colorado generates over $135 million in revenue in marijuana sales in 2015

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Tomorrow a bill to tax and regulate marijuana will be introduced in the Rhode Island House. In the meantime, says Jared Moffat, Director of Regulate Rhode Island, the following press release from the Marijuana Policy Project, the nation’s largest marijuana policy organization, should put to rest, “any claims from opponents that marijuana tax revenue is not meeting expectations in Colorado.”

Governor Gina Raimondo‘s 2016 Budget proposes a tax on medical marijuana, effectively taxing a legal prescription medication. It might behoove our state to tax and regulate recreational marijuana, and reap millions in taxes instead.

Here the press release:

Colorado’s regulated marijuana system generated more than $135 million in revenue for the state in 2015, including more than $35 million for school construction projects, according to the Colorado Department of Revenue.

There were just under $588 million in adult-use marijuana sales in Colorado from January-December 2015, producing approximately $109.1 million in tax revenue in addition to $4.7 million in license and application fees. The state’s regulated medical marijuana system produced more than $11.4 million in tax revenue and $9.8 million in license and application fees.

In 2014, the state’s regulated marijuana system raised just over $76.1 million in total revenue, including about $56.2 million from adult-use marijuana tax revenue and fees and $19.9 million in medical marijuana tax revenue and fees.

“There are hundreds of millions of dollars in marijuana sales taking place in every state,” said Mason Tvert, the Denver-based director of communications for the Marijuana Policy Project. “Colorado is one of the few where those sales are being conducted by licensed, taxpaying businesses.”

Adult-use marijuana sales in Colorado are subject to the state’s standard 2.9% sales tax, plus a 10% special state sales tax. Additionally, wholesale transfers of adult-use marijuana are subject to a 15% state excise tax. The first $40 million raised annually by the 15% excise tax is earmarked for public school construction projects. The excise tax raised just over $35 million in 2015, up from about $13.3 million in 2014.

“These tax revenue figures are truly impressive,” Tvert said. “Just six years ago, Colorado received zero dollars in tax revenue from the sale of marijuana in the state. Now it’s raising more than $100 million annually with tens of millions of dollars directed toward public school improvements.

“The additional tax revenue far exceeds the cost of regulating the system,” Tvert said. “Regulating and taxing marijuana has been incredibly successful in Colorado, and it represents a model for other states to follow. These numbers should put to rest the claims we keep hearing from opponents that marijuana tax revenue has fallen short of expectations in Colorado.”

February 8, 2016

Regulate RI responds to Raimondo’s proposed medical marijuana tax

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Governor Gina Raimondo recently unveiled a proposal to create a “tagging” system to track medical marijuana plants in the state. Patients and caregivers who cultivate medical marijuana for patients will be required to pay $150 or $350 per plant for these tags. Polly Reynolds, a registered medical marijuana patient who cultivates marijuana to ease her muscle spasms and pain caused by multiple sclerosis, issued the following statement:

Instead of levying hefty fees from patients like me who have debilitating health conditions, Governor Raimondo and lawmakers should tax those who use marijuana for enjoyment. For us patients, marijuana is often the only thing that eases our suffering, and it is already difficult to afford because health insurance does not cover it. Raising revenue from seriously ill patients’ medicine is wrong, but taxing recreational consumers is appropriate and could help alleviate our state’s deficit.”

Jared Moffat, Director of Regulate Rhode Island, issued the following statement:

We tax alcohol, but not prescription medications. Similarly, it makes little sense to extract revenue from sick people who need marijuana as a medicine while keeping marijuana that is used for fun untaxed and in the illicit market. I suspect most recreational marijuana consumers would be happy to pay taxes if only the state would make it legal for them to do so. In addition to generating more revenue, regulating marijuana like alcohol would erode the illicit marijuana market and create new businesses and jobs all over the state. It’s time to get our head out of the sand and move forward like our neighbors in Massachusetts and Vermont.”

[From a press release]

August 12, 2015August 12, 2015

Judge Licht allows medical marijuana discrimination case to move forward

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Rhode Island Superior Court Judge Richard Licht refused to dismiss a case in which a University of Rhode Island graduate student alleged that she was denied employment due to her status as a medical marijuana user.

The case, which was filed by the American Civil Liberties Union in November of 2014, concerns URI grad student Christine Callaghan, who is working towards a masters’ degree in textiles. Callaghan is also a registered medical marijuana user in order to deal with frequent migraine headaches. In July of last year, Callaghan was slated to begin a paid internship with Darlington Fabrics in Westerly, which she needed to finish her degree. After disclosing her status as a medical marijuana user, the company withdrew her internship.

In the lawsuit, the ACLU argues that Darlington has violated the Hawkins Slater Medical Marijuana Act. Callaghan’s attorney, Carly Beauvais Iafrate, said that because the company had no other reason to withdraw their offer from Callaghan, they are breaking the law.

“Under the Hawkins Slater Medical Marijuana Act, when the General Assembly put that really critical employment language in, which essentially says that no person will be not hired or denied any privileged in employment because of their cardholder status,” she said. “They didn’t then put any language in there that says if someone violates that section, you can sue them. That’s called a private right of action. So what [Darlington’s lawyer] was saying was there’s nothing in the statute that says you can sue anybody over it, and so therefore, you shouldn’t be allowed to.”

Iafrate said the defendant’s argument relies on what is normally written into other disability laws, that lay out penalties for those who violate the law, be it a fine or the right to sue. The Hawkins Slater Medical Marijuana Act lacks that language. In other situations, the Rhode Island Supreme Court has not assigned a remedy and implied a private right of action, but Iafrate says that this case is different from the precedent that has already been set.

“Those other situations are different, because in this statute, the General Assembly said liberally construe this to make sure that the purpose is effectuated, so that it doesn’t become meaningless,” she said. “Think about it. If there’s no remedy, what meaning does it have that they say that no employer can refuse to hire? They can just do it anyway, because there’s no remedy.”

The ACLU is also arguing that by refusing to hire Callaghan, Darlington has discriminated against a disabled person, and is in violation of the Rhode Island Civil Rights Act.

Licht did not approve Darlington’s motion to dismiss for a number of reasons, but his biggest reason dealt with the Medical Marijuana Act, and Darlington’s argument that there is no private right of action, and that they should be allowed to not hire Callaghan to ensure a drug free workplace.

“It’s inconceivable to me that the General Assembly meant to say discriminate against for the use of marijuana, even though you can’t discriminate against them because they hold a card that allows them to use it,” Licht said. “I doubt there are many people who sought out a medical marijuana card that don’t use it.”

While Callaghan is seeking compensatory and punitive damages, Iafrate said she had other reasons to sue as well.

“One of her main purposes, which is why she went to the ACLU, is because this is an important issue, and it needs to be decided. People who are engaging in the medical use of marijuana in the state need to know whether they have employment protection or not. And they need to know whether it’s just words on paper or if it actually means something,” Iafrate said.

In a press release from the ACLU, Callaghan said that she would like companies to treat medical marijuana patients just as they would any other employee who may take medication for a chronic illness.

The next step is for the case to go to summary judgment and for both parties to engage in discovery of evidence and facts. Iafrate said this should happen within the next year.

June 22, 2015

Why the House wants to legalize hemp but not pot

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As far as plant species go, hemp and marijuana are pretty similar. They are cousins, if you will, in the cannabis family. But as far as products go, they are vastly different. Marijuana is consumable, and gives people a buzz not unlike alcohol. Hemp is indigestible, and used to make rope and fabric. There is a massive underground market for marijuana in Rhode Island, as everywhere in America. Hemp products are already legal but there is little market demand for them.

There are separate bills before the General Assembly that would legalize production of marijuana and hemp, which brings us to the only difference that matters on Smith Hill. Bill Murphy, a former House speaker and close personal friend of current Speaker Nick Mattiello, is a paid lobbyist for hemp, and not marijuana.

“I support the hemp legislation because it has potential to create a new industry, develop jobs and boost our economy,” Mattiello told RI Future. “This is not marijuana. The product is not used for illicit drug purposes.”

Indeed, last week the House passed the hemp bill but took no action on the marijuana bill. It was introduced by Rep. Cale Keable, a close ally of Mattiello’s, who told the Providence Journal he introduced the legislation, at the behest of Murphy, without first formulating an opinion on it. “Bill and I talked about the merits of hemp and the things it could be used for … He asked me if I would be willing to introduce this, and I said I would,” Keable told the Providence Journal. “I don’t really have an opinion on it. I don’t know if it’s a great bill, a good bill or a bad bill.”

With the Senate poised to consider the hemp bill this week, Jared Moffat, director of Regulate Rhode Island, a group that has lobbied hard for Rhode Island to become the first East Coast state to legalize marijuana, thinks the General Assembly is moving the wrong bill.

“They are on the right path, but they are using the wrong vehicle,” he told RI Future. “Meanwhile, the right one is sitting idle.”

The tax and regulate bill also allows for hemp farming, Moffat said. It “presents a more comprehensive and effective alternative to prohibition for Rhode Island. It is primed and ready to move forward,” he added. “The key to getting it running? Speaker Mattiello, who simply needs to call it for a vote.”

Moffat said legislators are doing wrong by Rhode Island’s economy ignoring the tax and regulate bill this session.

“Our leaders in Providence continue to stress the importance of focusing this session on economic development and job creation,” he said. “Regulating and taxing marijuana like alcohol would foster the growth of new businesses that would create countless new jobs and utilize the products and services of other local businesses. Passing the law this year would also allow Rhode Island to better position itself as a regional leader in this emerging market and more quickly begin raising tax revenue on the marijuana sales that take place every day in every city across our state.”

June 17, 2015June 17, 2015

Regulate RI delivers 500 postcards to Speaker Mattiello’s office

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Jared Moffat, director of Regulate RI, a group advocating legislation to tax and regulate marihuana like alcohol, delivered nearly 500 postcards from constituents within Speaker Nicholas Mattiello‘s district in favor of the legislation to the Speaker’s office on Wednesday.

“We hope the House Speaker and Senate President will agree with the majority of voters that it’s time to start regulating and taxing marijuana like alcohol in Rhode Island,” said Moffat. “At the very least, they should allow a vote on the bill before the session ends.”

According to Regulate RI’s press release, “S 510/H 5777, the ‘Marijuana Regulation, Control, and Taxation Act,’ would allow adults 21 and older to possess up to one ounce of marijuana and grow one mature marijuana plant in an enclosed, locked space. It would create a tightly regulated system of licensed marijuana retail stores, cultivation facilities, and testing facilities and direct the Department of Business Regulation to create rules regulating security, labeling, and health and safety requirements. It would also establish wholesale excise taxes at the point of transfer from the cultivation facility to a retail store, as well as a special sales tax on retail sales to consumers.”

“Regulating and taxing marijuana in Rhode Island would give our state’s economy a much-needed boost,” Moffat said, “It would generate revenue, foster new businesses, and create jobs. S 510/H 5777 should be included as part of the General Assembly’s initiatives to rebuild Rhode Island’s economy.It’s hard to imagine why the legislature would end the session without voting on a widely supported proposal that is intended to bolster the economy and improve public safety.”

June 3, 2015June 4, 2015

Senate Judiciary considers legislation to legalize cannabis

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A Senate Judiciary Committee hearing on Tuesday showed overwhelming support for legislation that would legalize marijuana in Rhode Island after its economic successes in both Colorado and Washington.

Jordan Wellington, a lawyer with Vicente Sederberg LLC in Colorado, came to speak in support of the legislation, S 510. Wellington has worked closely with Colorado’s state government to implement the retail and regulation of marijuana, and now works in their Department of Revenue’s Marijuana Enforcement Division as the single policy analyst.

“Instead of should or shouldn’t we, we discussed how to move forward with this responsibly,” he said.

Wellington said Colorado gained more than 20,000 jobs and saw $900 million in sales that brought in $125 million in tax revenue. The cost of enforcement, he said, was less than $10 million.

Money from the extra revenue was invested in educational programs about cannabis to teach youth about its effects and consequences.

“We have found that some of the messaging to youth has been very effective,” Wellington said. “A very cautious message has been given to Colorado’s youth.”

According to Wellington, Colorado has not been without its challenges by taking this step forward. Regulation and education has been key in making the policy work. “One of the biggest things we did was we put a lot of different restrictions on potency in edibles,” he said.

The question of youth cannabis use was touched upon several times throughout the hearing. Andrew Horwitz, an assistant dean at Roger Williams Law School, who also testified in support of 510, said the prohibition approach aken towards marijuana is completely ineffective, and disingenuous to children.

“We are fundamentally dishonest in the way we talk to our children about marijuana,” Horwitz said. “We talk to them like it’s crack, like its heroin. They know now to believe us, that marijuana does what we claim.”

Horwitz also stated that reforming juvenile use starts from the top, with how the state looks at marijuana as a whole. “We are doing terrible damage by the use of our criminal justice system to deal with a public health issue,” he said.

One of these damages includes a racial disparity in the number of African Americans who are arrested for marijuana related crimes, due to police saturation in communities of color, as well as racial profiling.

“We’re doing a number of things wrong,” he said. “We’re arresting people for distributing marijuana. If you legalize the distribution of marijuana, you eliminate the whole line item of law enforcement.”

Jared Moffat, director of Regulate Rhode Island, also came in support of 510, with an entire binder of studies regarding the legalization in Colorado. The most accurate study of youth use, called Healthy Kids Colorado, looked at 40,000 middle and high school children, and is re-done every two years.

“The best available data on youth marijuana in Colorado shows that the use has remained flat,” he said, especially when in comparison to alcohol and tobacco, which has continually fallen in recent years. Moffat, like Horwitz and Wellington, pointed to education as the key to reducing youth cannabis use. Looking at the context of use is important as well.

“If we are acknowledging that marijuana is available in our schools, we need to acknowledge that is readily available from drug dealers,” Moffat said.

Moffat said many of the studies that opponents brought up against the legalization of marijuana have cherry picked their data in order to make it look like youth use has risen. One such study compared the city of Denver to the United States as a whole.

“If you take any metropolitan area, you’re going to find higher use,” he said.

Youth use was definitely the biggest worry of both legislators and the few opponents who did come out to speak against the bill, such as Debbie Paragini, who came as a Rhode Island parent.

“I feel really upset living in a state that is thinking about legalizing yet another recreational drug. For an economic basis? I don’t understand that,” she said. “As a parent, I think this is a really bad idea.”

April 25, 2015May 7, 2015

‘St. Maryjane’

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Muslim, Christian, Hindu, Jew
The hell religion puts us through
Murdering in the name of God
Is more than just a little odd

One religion commits no crime
And you can worship anytime
No statues just some sticky weed
Rolling paper is all you need

Instead of prayer you take a toke
The answers show up in the smoke
It fills our heads with peace and love
Not words of war from up above

They say communion wine is blood
Commune with nature, burn a bud
St. Maryjane, you are superb
Baptize the world with your sweet herb

c2015pn
Read Peet Nourjian’s previous poems here.

March 6, 2015March 8, 2015

Legislators say it’s time to tax and regulate marijuana

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Representative Scott Slater introduced a bill (H5777) in the RI House of Representatives yesterday to tax and regulate marijuana. Senator Josh Miller introduced identical legislation in the RI Senate. Speaking at a press conference yesterday, both legislators were optimistic that this might be the year the legislation passes.

Though a pair of cranks attempted to hijack the press conference by insisting that the speakers use the word “cannabis” instead of “marijuana,” Jared Moffat, executive director of Regulate Rhode Island, a coalition of groups in support of marijuana regulation, showed remarkable poise and kept the presentation on track.

Representative Slater said that Colorado, the first state to tax and regulate marijuana, “has one of the fastest going economies in the country.” Money spent on legal marijuana products is money denied to organized crime, says Slater, who asked, “Do we allow criminals to control the market? Or do we want the sales to be regulated and taxed?”

Senator Miller cited justice, public safety and revenue issues as reasons for a growth in support for the idea. Many more groups have joined the call for regulation, and the governor, the Senate president and the speaker of the House have all said that they are open to considering such an idea.

Dan Harrop, the recent Republican candidate for mayor of Providence, was to speak at the press conference, but an auto accident, in which Harrop was unharmed, prevented his attendance. Instead Dr. James Crowley spoke about the current laws regarding marijuana prohibition as being “fundamentally wrong, and a tremendous waste of resources.”

Crowley also spoke of the “first mover advantage.” The first state in New England to tax and regulate marijuana, Crowley maintains, will have early and sustainable marketing advantages that should last even as other states follow suit. Massachusetts activists have already managed to get legislation onto the ballot, and Rhode Island has “a small window of opportunity” if we want to be first, and reap the financial rewards.

Senator Miller says that a majority of Rhode Islanders are in favor of taxing and regulating marijuana, saying, “I think this is the year to do that.”

March 2, 2015March 3, 2015

Marijuana tax and regulate bill introduced Thursday

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“Prohibiting the cultivation and sale of marijuana to adults has proven to be ineffective, unfair, and costly policy for the state of Rhode Island,” reads the Senate version of a bill that would tax and regulate marijuana in Rhode Island. The House version will be introduced at an event Thursday, 3:15 at the State House.

If passed, the legislation – sponsored in the Senate by Josh Miller of Cranston, and in the House by Scott Slater of Providence – could make Rhode Island the first state legislature to legalize marijuana. Colorado and Washington both legalized pot in 2014 through a referendum, as did Alaska this winter. Vermont is expected to legalize next year and Washington DC recently did so.

Rhode Island leaders have taken a wait-and-see attitude. But the allure of new tax revenue – a report last year estimated the state could generate $20 to $80 million – and the potential new businesses has been hard to ignore. It’s also a social justice issue as ACLU and NAACP leaders have pointed out that minority populations are disproportionately targeted by marijuana arrests and incarcerations.

“Representative Slater and Senator Miller are introducing a well-crafted, well-researched bill that would end the failed policy of marijuana prohibition in our state,” said Jared Moffat, of Regulate RI, the group advocating for passage of the bill. He said it “includes commonsense public health provisions, such as requiring opaque packing for all marijuana products, limiting edible products to one serving of THC, restricting advertising, and mandating the inclusion of safety inserts with important information about responsible consumption with each marijuana product sold.”

The bill would exempt anyone in Rhode Island from being prosecuted under state drugs laws if they possess up to one ounce of marijuana. It would also allow people to grow indoors one mature marijuana plant.

“Smoking marijuana shall be prohibited in all public places,” says the Senate version of the bill, and it would carry a $250 fine for smoking pot in an indoor public place and a $150 fine for smoking pot at an outdoor public place.

Unless given approval from the state Department of Health, it will still be illegal to sell marijuana. Applying for this approval could cost $5,000, according to the bill, and there will be a $10,000 annual permit to sell marijuana. There is no state limit on the number of businesses that could sell marijuana and the Department of Business Regulation is instructed by the bill to consider at least two. Marijuana retailers would have to include a warning label with their product.

There would be two taxes on legal marijuana; a $50 per ounce excise tax – some 40 percent of which would go to drug and alcohol treatment and prevention while another 10 percent would go to law enforcement – and a 10 percent sales tax.

February 23, 2015

EG mulls moratorium on medical marijuana compassion centers

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The East Greenwich Town Council is considering implementing a moratorium on medical marijuana compassion centers at a meeting tonight to which Steve Brown, executive director of the RI ACLU, said “I do not believe municipalities have the authority to essentially halt the implementation of the law at their borders.”

The formal Town Council agenda is broadly worded. It says under new business, “A moratorium on marijuana compassion centers, hookah bars and the growth, sale or distribution of marijuana.” But Council President Michael Isaacs said in an interview that a moratorium is only intended to apply to medical marijuana dispensaries, where patients can legally obtain medical marijuana.

“It was supposed to be narrowly focused,” Isaacs said, noting he hasn’t yet seen the language – but he said he expects the council will vote on it tonight. The Council decided to consider this because of “articles in law review journals about potential zoning conflicts,” he said. “Zoning has to do with the appropriateness of an activity in the community or in a particular part of a community.”

Brown, longtime director of the RI ACLU, said the town can’t decide which state laws it wants to follow. “State law establishes a very detailed scheme for the medical marijuana program and compassion centers,” he said. “It completely undermines state policy as reflected in the Medical Marijuana Act.”

Brown said there exists procedures for municipalities to weigh in if a compassion center applies to locate there, which none have done, according to the state Department of Health.

“Regarding compassion centers,” Brown said, “it is important to note that exclusive jurisdiction is vested in the Department of Health to issue compassion center permits. One of the criteria to be used by the Department is to consider is “the interests of the city or town where the dispensary would be located.” Other than providing that input, a municipality should not be able to then undermine the detailed regulatory analysis the Department has undertaken, in accordance with the law, in making its decision as to whom — and where — to grant a compassion center license.”

Brown said there are different issues if the Council were to try to ban individual care providers who grow medical marijuana.

“The problem is just as acute for medical marijuana users,” Brown said, “They have the right under state law to cultivate medical marijuana for their own use. A municipal attempt to bar medical marijuana users from growing the medicine is a direct attack on the right the Medical Marijuana Act gives them and cannot be lawfully imposed. As a practical matter, a moratorium would have the ironic effect of actually encouraging legitimate medical marijuana users to obtain their marijuana illegally.”

Jared Moffat, director of Regulate RI, a group pushing to tax and regulate marijuana in Rhode Island, echoed Brown’s concerns.

“Banning state-sanctioned compassion centers and licensed caregivers from cultivating marijuana will only reduce access to an important medicine for chronically ill patients and might force more patients to turn to the illicit market,” he said. “Outright prohibition is the worst possible policy for marijuana, and it is disappointing to see East Greenwich potentially going down that road.”

February 9, 2015

Paiva Weed still skeptical on regulating marijuana

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Governor Gina Raimondo and House Speaker Nick Mattiello have both indicated they are open-minded to taxing and regulating marijuana this legislative session. Senate President Teresa Paiva Weed, on the other hand, said she remains skeptical.

“I do remain concerned about the potential health affects,” she said before the start of the Senate session on Thursday. “We just recently decriminalized marijuana.”

She said the potential revenue should not be a compelling reason to end marijuana prohibition.

“Revenue is something that always gets people’s attention, she said. “However I believe that the decision to legalize marijuana should be made in conjunction with law enforcement and our health officials and not be revenue driven.”

Jared Moffat, of Regulate Rhode Island, the advocacy group pushing for legalization, said skepticism allows drug dealers to maintain control of the marijuana market.

“We don’t need to ‘wait and see’ any longer to know that prohibition is the worst possible policy for marijuana,” Moffat said. “Prohibition simply ensures that marijuana will be sold in an unregulated, dangerous illicit market. It’s time to take control away from illegal dealers and put marijuana behind the counter of legitimate businesses where it can be taxed, controlled, and regulated.”

Paiva Weed represents Newport (and Jamestown), a city driven by a tourism economy that would certainly see benefits from legal marijuana. But Newport voters recently rejected a local referendum that would have allowed Newport Grand to have table games, thus making it more of a traditional casino. It’s unclear if Newporters are similarly opposed to ending marijuana prohibition as they have been to expanding gambling.

February 2, 2015February 5, 2015

Volunteer at Regulate Rhode Island’s weekly phone banks

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When enough constituents contact their legislators about an important issue, they often listen. To make sure legislators know that Rhode Island is ready to adopt sensible marijuana policies, Regulate Rhode Island is hosting phone banks every Wednesday from 6:00 to 8:00 p.m. at 143 Prairie Avenue in Providence, RI 02905.

Phone banks help drive calls into the offices of elected officials to urge them to take a stand on an issue. At Regulate Rhode Island phone banks, volunteers talk with constituents in key legislative districts and ask them to let their legislator know that they support regulating marijuana like alcohol. Phone banks are effective and lots of fun!

Regulate Rhode Island will recognize the top volunteer phone bankers for each month starting in February by giving away a free Regulate Rhode Island t-shirt to the person who drives in the most calls!

Regular phone banks will also be taking place on the campuses of University of Rhode Island and Brown University. Check the Regulate Rhode Island calendar to see all the upcoming phone banks. And as always, thank you for supporting sensible marijuana policy reform. Please share this with friends and family so they can be part of the movement, too!

January 29, 2015January 30, 2015

Which New England state will be first to regulate marijuana?

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Four New England states – Rhode Island, Vermont, Massachusetts, and Maine – are poised to enact measures to regulate marijuana like alcohol in the next two years. The big question is, which state will do it first?

The editorial board at The Providence Journal does not want it to be Lil Rhody.

According to them, adults who responsibly use marijuana should continue to be labeled as lawbreakers because marijuana inexorably leads to the “general rot” of society (“Put pot on hold,” Jan. 6). Fortunately, not all of our newly elected state leaders share The Providence Journal’s antiquated views. Governor Raimondo, for example, recently argued that, “[legalizing marijuana] is absolutely something we should evaluate, because if we think it’s inevitable, and if there’s a way to do it that is properly regulated so people don’t get hurt, then it’s something we should look at.”

Polls show that a majority of Rhode Islanders — and Americans — agree with Governor Raimondo and think it is time to end the failed policy of marijuana prohibition. Last year 29 members in the house of representative and 13 members of the state senate signed onto the Marijuana Regulation, Control, and Taxation Act. This year the bi-partisan coalition of legislators backing the bill is expected to grow even larger. At committee hearings last year, few legislators expressed staunch opposition to the legislation. Most of the hesitation came from those who suggested that we hold off another year to study the issue.

The “wait and see” argument, however, will be far less effective in 2015. We now have more than a year’s worth of data on Colorado’s experiment with allowing adults to purchase marijuana from tightly regulated, licensed stores. We no longer need to speculate: it is clear that the sky does not fall when you treat marijuana like alcohol. Neutral observers like the New York Times and the Brookings Institute have deemed Colorado’s rollout a success, and even Governor Hickenlooper, who initially opposed Amendment 64 in 2012, recently said this on CBS’s 60 Minutes:

“[A]fter the election [in 2012], if I’d had a magic wand and I could wave the wand, I probably would’ve reversed it and had the initiative fail. But now I look at it…and I think we’ve made a lot of progress…still a lot of work to be done. But I think we might actually create a system that can work.”

We don’t have to go west to know that regulating marijuana works. Here in our own backyard, state-licensed compassion centers, which have provided medical marijuana to registered patients for nearly two years, are running smoothly, giving back to the community, and creating jobs for local residents.

The notion that we should “wait and see” is wrongheaded for many reasons, but it is particularly foolish if the state hopes to reap any economic benefits from regulating and taxing marijuana. Massachusetts is very likely to approve a ballot initiative to make marijuana legal for adults in 2016. If Rhode Island does not get the ball rolling this year, we will lose a tremendous opportunity to attract new businesses to our state and take home a larger share of the economic pie.

A resurrected specter of “reefer madness” is the only thing holding us back. Ignoring the clear scientific evidence that marijuana is much safer than alcohol, opponents of regulating marijuana are forced to rely on fear tactics and sparse anecdotes to make a boogeyman out of marijuana

In truth, however, the vast majority of adults who use marijuana are responsible, tax-paying citizens who ask only that they not be automatically treated as lawbreakers. Just as some adults enjoy the occasional weekend cocktail, or a beer after work, others prefer to relax and socialize with marijuana. Every objective, scientific study has confirmed that marijuana is far less harmful to the individual and society than alcohol. So if we don’t have an issue with adults who responsibly consume alcohol, why should we have a problem with adults who responsibly consume marijuana?

As with any piece of legislation, the ultimate fate of the Marijuana Regulation, Control, and Taxation Act will depend mostly on how vigorously our allies in the General Assembly push for its passage. Those of us who live in districts with unsupportive legislators must make the case and show them that their constituents support the bill. Those of us who live in districts with supportive legislators must be unrelenting in asking these allies to make the issue a top priority for 2015.

Ultimately, whether Rhode Island becomes the first state to regulate marijuana on the East Coast is up to us. I hope you will join me and the rest of the Regulate Rhode Island coalition in the fight.

January 20, 2015January 21, 2015

Mattiello open-minded on marijuana legalization

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House Speaker Nick Mattiello said he’s keeping an open mind when it comes to legalizing marijuana this legislative session.

“Right now I have no opinion on marijuana other than I know it’s an issue that will come up and we’ll consider it,” he told me on Friday. “I’m not necessarily opposed, I’m not necessarily in favor. I can tell you it’s not an item that is on my agenda right now but I will certainly consider it. I’m sure it will have some benefits, I’m sure it will have some costs.”

Here’s our full conversation on the matter:

Governor Gina Raimondo recently told NBC 10’s Bill Rappleye legalizing marijuana “is absolutely something we should evaluate because if we think it is inevitable and if there is a way to do it that is probably regulated so people don’t get hurt, we should take a look at it.” She said she is currently taking a “wait and see approach” as she said during her campaign.

At approximately 6:30:

News, Weather and Classifieds for Southern New England

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