Bowing to pressure from nearby states that are moving to legalize marijuana, Rhode Island Gov. Gina Raimondo (D), who has long remained reluctant about the issue, says she will formally propose in her budget this week that the Ocean State end cannabis prohibition.
“Things have changed, mainly because all of our neighbors are moving forward,” she told the Providence Journal in an article published on Sunday. “We’re not an island, in fact. Like it or not, we’re going to be incurring public safety and public health expenses because it’s legal in Massachusetts… And I think it is time for us to put together our own regulatory and taxing framework.”
Newly inaugurated Connecticut Gov. Ned Lamont (D) has said that legalizing marijuana in his state will be among his “priorities” for the new legislative session.
Unlike most other states that have moved to enact legalization, however, Raimondo wants Rhode Island to prohibit home cultivation of cannabis. She also wants to ban high potency forms of marijuana products, such as dabs. Servings of edibles could contain no more than 5 milligrams of THC under her plan.
Sen. Josh Miller (D), who has sponsored legalization bills that allow home cultivation for the past several legislative sessions, said that he’s reserving judgement on governor’s proposal pending its specific language, but that he is optimistic about enacting reform this year even if it means needing to amend the law later.
“I want to see details, obviously,” he told Marijuana Moment. “I’m inclined to get it done, finally, and work on fixing the broken parts.”
Rep. Scott Slater (D), a longtime champion of legalization legislation in the House, agreed that changes could be made by the time a bill gets to Raimondo’s desk for her signature.
“I need time to read it over [and I’m] glad we have a placeholder in the budget,” he said. “It is early in the process.”
Raimondo said that she spoke with several other governors about marijuana policy at a conference last month.
“It’s going to be the strongest regulatory framework in the country,” she argued.
“We have seen the pitfalls of home cultivation in other states when it comes to how it threatens public health and public safety,” Norman Birenbaum, the state’s top medical cannabis regulator and a key Raimondo advisor on the broader legalization plan, told the Journal. “How it promotes the illicit market. How it undercuts the regulated market, how it puts unsafe and untested and unregulated product out there for people. And how it also serves as cover for states that supposedly have adult use to be export states and export to the rest of the country. And we don’t think that we should have that mechanism here.”
Medical cannabis patients would still be allowed to grow their own medicine, he said.
Currently, Washington State is the only one of the ten legalized states that does not allow recreational marijuana consumers to grow their own product.
Birenbaum, who WPRI12 reported will give a “detailed briefing” on the specifics of his boss’s plan on Monday, suggested that the state’s three existing medical cannabis dispensaries would continue serving patients but would also likely add adult-use sales. About 20-40 additional retail outlets would be licensed as well, subject to municipal approval. Sales are expected to begin early next year.
Matthew Schweich, deputy director of the Marijuana Policy Project (MPP), called Raimondo’s endorsement of legalization “a major breakthrough.”
“We commend Governor Raimondo and her administration for adopting a pragmatic approach to this public policy issue,” he told Marijuana Moment. “However, we still need to see the details of this proposal. Access for the state’s medical marijuana patients must be protected. Furthermore, it is important that the recreational marijuana market is not controlled by a small number of businesses. We look forward to working with the Raimondo administration and legislative leaders to ensure that Rhode Island adopts a fair and responsible legalization law.”
With regard to the governor’s position that home cultivation of cannabis should be banned, Schweich said that while MPP “may not agree with everything in the governor’s proposal…we don’t want to make the perfect the enemy of the good.”
“We want to see adults have the right to cultivate some number of marijuana plants at home, just as they have the right to brew their own beer, but the governor’s plan does not include that,” he said. “However, laws can always be amended, and if home grow is not in the initial legislation, we will push the General Assembly to adopt that at some point in the future. Disagreement on one provision of the law does not mean we should pass up an opportunity to make substantial progress.”
In recent weeks, Raimondo and Rhode Island legislative leaders have begun to talk openly about the fact that legalization in neighboring states is increasing pressure to act.
“Given my druthers, if I could make all of these decisions in a vacuum, I’ve been favoring a wait-and-see approach,” the governor said late last year. “However, Connecticut is going to do it. The new governor-elect has been crystal clear, this is a priority. It’s happening. Massachusetts is already doing it. We’re a tiny state in between these two other states.”
House Speaker Nicholas Mattiello (D) has raised similar concerns.
“I think we have to study it and then decide what we want to do as a state, but I am mindful that Massachusetts has legalized it. I believe Connecticut is going to legalize it,” he said. “I think we’re probably going to end up with more social costs without the revenues and that would probably be the worst situation of all.”
New York Gov. Andrew Cuomo (D), who endorsed legalizing marijuana last month, has also characterized his own shift as being precipitated by the looming fall of prohibition in nearby states, such as New Jersey.
In Rhode Island, Raimondo is expected to formally release details of her legalization plan in her proposed budget, which will be submitted to the legislature on Thursday, though she may also discuss the issue in her State of the State speech on Tuesday.
It remains to be seen if lawmakers will agree with all of the finer points of the governor’s proposal.
In a statement on Sunday reacting to Raimondo’s plan, Mattiello said he has “mixed feelings” about legalization and that lawmakers “will collectively assess the governor’s proposal and come up with a consensus pathway forward.”
Senate President Dominick Ruggerio said he will “continue to keep an open mind on legalization of recreational marijuana as the state looks into the regulatory and workforce challenges that come along with it” but that he also has “significant concerns, particularly with regard to workforce issues, enforcement around edibles, and impact on children.”
This story was updated to include comment from Miller, Slater, Ruggerio, Mattiello and Schweich.
Beto O’Rourke Proposes Drug War Reparations Funded By Marijuana Taxes
Marijuana would not only be legalized under a plan proposed on Thursday by Democratic presidential candidate Beto O’Rourke, but cannabis tax revenue would be used to directly repay formerly incarcerated people through a new “Drug War Justice Grant” program.
Unlike other contenders who have come around to supporting marijuana legalization in just the past couple of years, the former Texas congressman has long called for ending prohibition—and his new plan in many respects goes further than those rolled out by other campaigns.
(Marijuana Moment’s editor provides some content to Forbes via a temporary exclusive publishing license arrangement.)
Support Grows For Marijuana Legalization Bill In Colombia
Colombia’s legislature will soon take up a bill to legalize and regulate the production and consumption of marijuana for adults.
The legislation, which is being filed by Sen. Gustavo Bolivar of the opposition Colombia Humana party, seeks to end prohibition as a means of curtailing crime and supporting a public health-focused approach to drug policy.
Bolivar, an author who has written several books centered on drug trafficking, has characterized the bill as being about “regularization, not legalization,” but it would provide for legal sales to adults with restrictions similar to those imposed for tobacco and alcohol. There would be penalties for selling to underage individuals and smoking wouldn’t be permitted in public spaces.
The senator pointed to Uruguay, Canada and states in the U.S. as regulatory models for legalization.
“It has been proven that crime levels are lowered and public health is improved,” he said, according to Colombia Reports.
Sen. Alberto Castilla Salazar of the leftist Polo Democrático party said that his coalition supports the reform measure.
Colombia debe superar el prohibicionismo y romper los vínculos de los grupos ilegales con el control del Cannabis, para que sea el Estado quien regule, defina las formas y entienda el consumo como problema de salud pública. Como @PoloDemocratico respaldamos está iniciativa. pic.twitter.com/YBDHqojENJ
— Alberto Castilla Salazar (@CastillaSenador) September 17, 2019
“Colombia must overcome prohibitionism and break the ties of illegal groups with the control of cannabis, so that it is the State that regulates, defines the forms and understands consumption as a public health problem,” he said on Tuesday.
Sen. Julián Gallo Cubillos of the FARC party said his coalition supports the legislation and that it represents “a new way to fight the scourge of drug trafficking.”
— Senado Colombia (@SenadoGovCo) September 18, 2019
The proposal has also garnered the support of former President Juan Manuel Santos, who has been an outspoken advocate for ending the war on drugs. His Liberal party could make or break the legislation depending on where members fall.
While left and center-left lawmakers seem largely united around legalizing marijuana, the issue will likely face resistance from President Ivan Duque, who last year signed a decree banning low-level possession of cannabis and cocaine despite court rulings that such activity is permissible.
As Colombia Reports noted, however, Duque’s far-right Democratic Center party is in the minority.
“We’ll have to see how many senators are left to former president Juan Manuel Santos and see how public opinion receives the idea that marijuana can be consumed in public spaces,” Sen. Paloma Valencia, a member of the president’s party, said.
If the country does opt to pursue a regulated cannabis program, it will join Mexico, where lawmakers are readying legislation to legalize marijuana for adult use following a Supreme Court ruling establishing that a ban on possession and cultivation for personal use is unconstitutional.
Photo courtesy of Brian Shamblen.
Marijuana Offenses Would No Longer Get Immigrants Deported Under New Congressional Bill
The fourth highest-ranking Democrat in the House introduced a bill on Wednesday designed to protect immigrants from being deported or denied entry into the U.S. over low-level marijuana offenses.
Assistant Speaker Ben Ray Luján (D-NM) filed the Removing Marijuana from Deportable Offenses Act, which stipulates that “any offenses involving the use, possession, or distribution of marijuana shall not be considered as grounds of inadmissibility.”
It would further allow immigrants who’ve been denied a visa or deported due to cannabis offenses to reapply or have their visa reissued.
In a press release, Luján said that the legislation is necessary in order to combat what he described as the “despicable” weaponization of marijuana against immigrant communities by the Trump administration. According to Human Rights Watch, 34,000 immigrants were deported from 2007 to 2012 for cannabis possession.
Minor marijuana use should not be grounds for deportation – it’s a wasteful use of resources and separates families. It's time to end these injustices. pic.twitter.com/G6y6EzbA1z
— Ben Ray Luján (@repbenraylujan) September 18, 2019
“The federal government should not be wasting resources to wreak havoc on immigrant families when there are children held in border camps that are desperate for legal services, hygiene products, and basic humanitarian care,” he said. “Providing care for these children and families should be where the Trump administration devotes its funding – not working as a deportation force.”
“I’m proud to be fighting for this legislation to hold President Trump accountable and defend our immigrant communities from senseless and hateful policies,” he said.
The legislation is identical to a companion bill that Sen. Cory Booker (D-NJ) introduced in June.
“This Administration’s efforts to use marijuana possession as a tool for deportation is misguided and does not make our communities safer,” Booker said. “Limited law enforcement resources should not be wasted on deporting people for something two of the last three presidents have admitted to doing.”
Earlier this year, U.S. Citizenship and Immigration Services issued a memo stating that immigrants are ineligible for citizenship if they use marijuana or engage in cannabis-related activities, including employment in a state-legal cannabis business, because such activity is not consistent with “good moral character.”
So far, the House version has 21 cosponsors, including Reps. Earl Blumenauer (D-OR), Lou Correa (D-CA), Barbara Lee (D-CA), Jim McGovern (D-MA), Eric Swalwell (D-CA), Dina Titus (D-NV), Nydia Velázquez (D-NY), and Bonnie Watson Coleman (D-NJ).
Dozens of states have legalized or decriminalized marijuana use & possession, but the Trump administration is using minor marijuana use to deport immigrant families.
— Rep. Nydia Velazquez (@NydiaVelazquez) September 18, 2019
“We’re the closest that we have ever been to ending marijuana prohibition across the United States; it’s vital that individuals and communities that continue to bear the brunt of prohibition do not get left behind—that includes noncitizens,” Queen Adesuyi, policy coordinator for Drug Policy Alliance, said. “Marijuana has been one of the leading causes for deportation, destroying the lives of countless individuals and families over a substance that is now the center of an industry bringing in billions in profits.”
FWD.us President Todd Schulte called the proposal “commonsense legislation that will help keep families together and ensure taxpayer dollars aren’t wasted on cruelly deporting individuals with low-level offenses.”
Dozens of states have legalized or decriminalized marijuana use and possession, but the Trump admin. is using minor marijuana use to deport immigrant families.
— Rep. Veronica Escobar (@RepEscobar) September 18, 2019
“The status quo of marijuana criminalization is irrational and discriminatory towards tens of thousands of otherwise law-abiding aspiring Americans who pose no safety risk to the United States,” NORML Political Director Justin Strekal said. “Public opinion and policy surrounding cannabis are rapidly shifting, which is why we must ensure that those who strive to achieve the American Dream are treated with dignity.”
Also this week, Luján became of cosponsor of separate far-reaching legislation to remove marijuana from the Controlled Substances Act and divert funds toward programs to begin repairing the damage of the war on drugs.
Read the text of Luján’s marijuana and immigration bill below:
Photo courtesy of Philip Steffan.