Will Marijuana Legalization in RI be the Next Great Debate?

Kate Nagle, GoLocal News Editor

Will Marijuana Legalization in RI be the Next Great Debate?

Marijuana legalization, medical marijuana taxation are two of the big debates coming before the General Assembly. Photo: DrugPolicyAlliance/Frisby
Now that the controversial truck tolls legislation has been approved by the General Assembly, will this be the year that Rhode Island sees marijuana legalization?

Proponents are gearing up to make the case for the tax and regulation of marijuana in Rhode Island to beat other New England states to be the first to gain tens of millions of dollars in revenue, while at the same time the medical marijuana community in the state is trying to turn back a proposal by Governor Gina Raimondo to tax patients and caregivers. 

Legalization legislation was introduced last week by Senator Josh Miller and Representative Scott Slater which would allow adults 21 and older to possess up to one ounce of marijuana and grow one mature marijuana plant -- the same week the controversial RhodeWorks proposal was voted on and approved at the General Assembly. 

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Jared Moffat with RegulateRI pointed to Colorado’s regulated marijuana system generating more than $135 million in revenue in 2015 -- as well as potential competition from Massachusetts if they legalize marijuana first -- as reasons for Rhode Island lawmakers to act on the legislation this year. 

“Vermont and Massachusetts, we should be well aware of the fact that they're moving seriously towards legalization,” said Moffat. “We've had the debate for five years now -- and it's coming. The question is now do we want to get ahead of the curve. Our hope is that now that tolls vote happened, that this will be the next thing that fills the void."

Support in Senate 

Moffat, along with Slater and Miller, at last year's bill introduction.
Moffat noted that when Senator Miller’s bill was posted online on Thursday, that six of the ten Senate Judiciary members are co-sponsors. 

“You'll notice that among the bill's top co-sponsors are Senate Judiciary Chairman McCaffrey and Senate Majority Leader Ruggerio. We are certainly grateful to have the support of these leaders in the Senate," said Moffat. “We are also happy that 6 of the 10 members of the Senate Judiciary Committee are co-sponsors as well: Sen. Conley, Sen. Jabour, Sen. Lynch Prata, Sen. McCaffrey, Sen. Metts, and Sen. Nesselbush."

Moffat said that the latest estimate for Rhode Island is that it would receive approximately $58 million in revenue annually if the tax and regulation measure is approved.

“That was done on the number of users by federal data, which we ran that through the tax structure,” said Moffat. “We say $58 million based on that, but we take that with a grain of salt.  We know tens of millions is a safe bet.  I don't think we'd see the full $58 million until the program is [fully] ramped up.”

The Marijuana Regulation, Control, and Taxation Act would create a  system of licensed marijuana retail stores, cultivation facilities, processing 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.

According to RegulateRI, fifty-seven percent of Rhode Island voters support changing state law to regulate and tax marijuana similarly to alcohol, as found by a survey conducted in April by Public Policy Polling, and only 35% were opposed. 

Medical Marijuana Under Fire

The effort to legalize marijuana comes as the medical marijuana community in Rhode island is fighting against a tax and “tag” policy on patients and caregivers proposed by Governor Raimondo in her Fiscal Year 2017 budget proposal.  

A change.org petition has been started which has garnered over 2,300 signatures against the move, and a rally is planned at the State House on Tuesday, February 23 at 4 p.m. to oppose the proposal. 

While medical marijuana has been legal in Rhode Island since 2006, the oversight committee that was mandated when the law went into effect has failed to ever meet -- or materialize.

Speaker of the House Nicholas Mattiello said that he plans to address the issue in the near future, and is reviewing the medical marijuana tax proposal. 

Protestors of the proposed tax on medical marijuana plants are taking to the state house on February 23.
“The House is aware of the need to appoint an oversight committee and will do so in the near future. I haven’t reviewed the Governor’s proposal yet and I look forward to the public debate when the House Finance Committee holds its hearings in the upcoming weeks.  I have not taken a position yet,” said Mattiello. 

JoAnne Leppanen with the Rhode Island Patient Advocacy Coalition, who is opposed to the tax, said that post-tolls, she hopes that the General Assembly’s focus will turn to the medical marijuana issue.

“It's too soon to get much of a response yet from legislators - last week they were obsessed with the tolls,” said Leppanen of pressing lawmakers on medical marijuana. “So we’re getting calls out, and I’ll tell you, the knee jerk reaction I've heard is this is outrageous. Those who know the program are shocked.”

Leppanen said that the tax would be cost prohibitive to many in the community. 

'“Not only if I grow my own will I now have to pay $900 for that 'privilege' -- if I’m self-sufficient now, there’s no way I could be moving forward,” said Leppanen. “If I have six plants -- three baby, three matures -- I’m getting a 75% rejection rate with the grow.  Which means I’m going to be forced to go to the compassion centers.”

As for whether RIPAC supports the full legalization -- and taxation -- of marijuana in Rhode Island, Lappanen said she “wouldn’t go that far.”

“We don't want to be seen as saying ‘marijuana for all,’ but our point of view is that medicine should never been taxed,” said Leppanen.  “So if you've got a group of people saying please tax us, you might want to talk to that group. We have patients breaking down and crying, and you have a group saying we want to pay taxes.  I don't think it’s up to us.”

The Rhode Island Libertarian Party is just one of the groups opposed to the medical marijuana tax. 

"A tax exclusively levied on the most vulnerable Rhode Islanders amongst us...advanced cancer patients, suffers of Multiple Sclerosis, HIV, as well as paralysis, amongst others, is perhaps the most disgusting exercise of raw governmental power that I've seen in my lifetime," said Pat Ford, Chairman of the RI Libertarian Party. 


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