Raimondo Sues Over General Assembly Marijuana and Hemp Oversight - Mattiello and Ruggerio Swipe Back

Raimondo Sues Over General Assembly Marijuana and Hemp Oversight - Mattiello and Ruggerio Swipe Back

Rhode Island Governor Gina Raimondo announced on Tuesday that she filed a lawsuit seeking a declaration from the Superior Court that provisions of Article 15 of the FY20 Budget requiring legislative approval of marijuana and hemp regulations are unconstitutional.

In her statement, Raimondo claims the separation of powers violation opens the door for "inside dealing."

The suit alleges that the General Assembly violated the constitutional guarantee of Separation of Powers by giving itself the right to veto – and thereby control – executive regulations governing marijuana and hemp. 

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Larry Berman and Greg Pare, House and Senate spokesmen for Speaker Nicholas Mattiello and President Dominick Ruggerio, respectively -- and collectively -- swiped back. 

 “This is an unnecessary expense by the Governor of state taxpayers’ dollars and judicial resources because the General Assembly leadership has already indicated that legislation will be introduced in January to remove this provision in the law," the said in a joint statement. 

After a GoLocal expose unveiled that Speaker Nick Mattiello’s Deputy Chief of Staff Grant Pilkington is business partners in hemp with two top-tier State House lobbyists, the relationship came under fire.

READ: As Controversies Mount, Mattiello Reverses Course on Legislative Control Over Marijuana and Hemp

Raimondo on Record -- and Common Cause

“Medical marijuana is a new and growing industry, and we have a responsibility to regulate it in a way that’s open, transparent, and fair for businesses and consumers,” said Raimondo. “We can’t go back to the old way of doing things, when business decisions were made through inside deals and behind-the-scenes influence. This is a clear violation of Separation of Powers, and we’re asking the Court to intervene.”

As noted in the filing, current law requires executive agencies to prepare a comprehensive, on-the-record rationale supporting each regulation, including public input. Agencies must also explore a range of alternatives and prove that the adopted regulation is the most cost-effective and efficient one possible. Article 15’s legislative vetoes, by contrast, require no analysis, no explanation and no public input.

“Common Cause Rhode Island is pleased to see that Governor Raimondo has filed suit seeking to overturn the unconstitutional legislative veto enacted by the General Assembly,” said John Marion, Executive Director of Common Cause Rhode Island. “Rhode Islanders waited more than two centuries for there to be separation of powers in our constitution and protecting that historic reform is of paramount importance. We thank Governor Raimondo for taking decisive action to defend separation of powers.”

The Department of Business Regulation anticipates proposing regulations for public comment within the next month. The regulations under consideration will propose a lottery system in which all serious, qualified businesses have an equal opportunity to enter or expand in Rhode Island’s medical marijuana market.