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.

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.

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.

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]

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

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.”

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]

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.

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.”