Lawmakers expressed tacit support and reservations.

May 6, 2019

By Noah Ashe

With the opening of a nearby dispensary in neighboring Massachusetts, the prospect and debate of legalizing recreational marijuana use in Rhode Island has returned. Credit – Dey/Creative Commons (Flickr)

TIVERTON, R.I. – With the opening of a recreational dispensary in nearby Fall River, Mass., which shares a border with Tiverton, the marijuana debate has once again returned to the Ocean State.

After legalizing cannabis for medical patients in 2006, a small number of dispensaries opened throughout the state, albeit under heavy regulations. More recently in 2012, marijuana was decriminalized statewide. Essentially, if one is caught with a small personal amount, the incident would be treated in the same manner as a speeding ticket. Smoking in public remains illegal. Attempts to bring about a bill for recreational legalization in the General Assembly have all failed and opinions among state lawmakers vary widely.

However, public support and attitudes toward the drug appear to be changing. A 2016 study conducted by Brown University concluded that 55% of residents would support legalization. An additional study in January 2017 by Regulate Rhode Island, a loose alliance of organizations and individuals who support legalization concluded that 59% of residents statewide support legalization. 

Rep. John ‘Jay’ Edwards (D) of District 70, which includes the border town of Tiverton and a portion of adjacent Portsmouth believes that any legalization legislation that comes to the General Assembly must be not only “well thought out” but provide a good rollout. Rep. Edwards stated his concerns primarily came from the haphazard legalization rollout in Oregon. 

Edwards was the lead sponsor of the 2012 decriminalization bill in the R.I. House of Representatives. Edwards noted that he has already seen Tiverton feeling the impact from the opening of the recreational dispensary in Fall River. 

“If you are someone who wants to smoke marijuana, you’re going across the border to Fall River”, Edwards noted.

However, Edwards did note that legalizing marijuana does have some benefits. 

“There are a couple of good things… consistency and safety of product. People know when they buy from a store that they’re not buying a product tainted with other substances.”

Edwards stated that he would support legalization, only under strict guidance from the state and if the money from the revenue generated go back to fighting the social issues associated with marijuana use. 

State Rep. Susan Donovan (D) of District 69 noted that her largest concern emanated from law enforcement being unable to accurately determine as to whether or not someone is driving high behind the wheel. 

“There isn’t good research, no tests, or anything that a law enforcement officer can refer to except for the smell and appearance. How do we not know they’re on a different medication or if they are a medical user? How do we be fair to everyone?”

Donovan stated that while she is personally conflicted on the issue, she does not hold any concerns against individuals who wish to consume within the privacy of their homes. 

On the opposite side of the debate, newly sworn-in State Rep. June Speakman (D) representing District 68 believes that potential recreational legalization is in fact a possibility and is in support of it. 

“It is a definite possibility. The governor has put it here in the budget, but there is opposition in the General Assembly. So, it may not happen this year”, said Speakman.

Speakman points to evidence that supports the idea that marijuana appears to have a less harmful impact on people over other substances such as alcohol.

Like her colleagues in the General Assembly, Speakman supports the implementation of protocols and regulations that would ensure quality control, and regulations regarding amounts, the forms in which marijuana come in, and detailed labelling, so that consumers know exactly what is in their product.

Speakman also echoed the concerns Donovan mentioned about driving while impaired and the current inability of law enforcement to detect whether or not someone is driving under the influence of marijuana.

“Before legalization is passed, there should be a test that law enforcement can use to determine someone who is driving impaired.”

After years of publicly opposing it, Gov. Gina Raimondo (D) has recently signaled a new willingness to look into the possibility of legalizing marijuana for recreational use – under strict conditions to avoid the issues and problems that have been reported in Colorado and neighboring Massachusetts. 

Gov. Raimondo stated that she had only recently changed her mind because of the shifting attitudes of neighboring states, and current recreational legalization in Massachusetts. Raimondo’s Deputy Chief of Staff, Kevin Gallagher publicly stated that, “Rhode Island is surrounded by marijuana” and as such it is only rational to legalize and regulate it. 

Access to marijuana for Rhode Islanders has only been made easier with the opening Fall River dispensary. The dispensary, only feet away from the state border has been the cause of concern for legislators and law enforcement alike as individuals are able to legally purchase marijuana in one state where it is legal and go back to another state, where it remains illegal. 

 State Sen. James ‘Jim’ Seveney of District 11 has stated that he will not support any legalization bill and finds legalization to be a “bad idea.” Seveney, a Democrat believes that the state is already dealing with a large drug problem and that the legalization of marijuana statewide would only serve to further worsen the situation. 

“There’s a viable argument that marijuana is a gateway drug and opens up behavior that are unhealthy… I’m not convinced by any measure that legalization can have a robust set of regulations to keep it out of the hands of our kids”, said. Seveney. 

However, Seveney realizes that there are some “practical realities” when considering the issue. 

“The legalization in Mass. means we need to find some ways to handle it. I realize there are some economic pressures. However, the social and economic of treatment programs to get people into recovery is draining our state’s resources. I think this outweighs any economic value that will come with from legalization.” 

When asked if he sees an impact in his local community, Seveney replied: 

“I think there’s already an impact and if legalized, it would have a further adverse impact. There’s already a problem with illicit marijuana. I don’t know if legalization would impact that market. But kids seem to have easy accessibility to it now.”

While Seveney stated that he would not support any legalization efforts at the state level, if such a bill were to become law, he would ensure that all proceeds from revenue go back toward substance abuse prevention coalitions throughout the state, which he noted are primarily run by volunteers and severely underfunded. 

“The money spent on prevention is more effective than money spent trying to treat someone who is addicted. It’s an illness that’s hard to recover from. I would want there to be a more robust treatment program and to emphasize that it’s a bad path to go down and avoid it completely. I would make sure the prevention coalitions get the proceeds from marijuana revenue by the state.” 

Currently, no such bill calling for the legalization of recreational marijuana has been brought to the General Assembly, and the issue remains to be further debated.