The New England School of Alternative Horticultural Studies — previously billed as Rhode Island's first medical marijuana school — has decided to cancel its inaugural class and indefinitely postpone operations over concerns that the Rhode Island Department of Health has not offered it explicit approval.
Luis Hernandez, the school's founder, cited a Sept. 2 Herald article in which a spokeswoman for the state Department of Health raised reservations about the school as the impetus for his concerns.
The health official, Annemarie Beardsworth, said of the school, "From the Health Department's point of view, our one concern is that accurate information is presented, not only about what the law permits in terms of growing (marijuana) but about the rules and regulations for caregivers and patients."
In addition to The Herald's article, the abortive school had received extensive coverage in local media and on the internet.
Hernandez said he was unable to reach any official at the Health Department to seek the department's approval of his business.
"I didn't really get a response — not at all, not a thing," he said. "I thought it would be a good idea to let them know that I'm not going to go teaching in your backyard until we get some communication going." He said he would be willing to reopen the school if he does receive approval from the Health Department.
Hernandez said he had always had concerns about the issue of state authorities, but "sometimes the implications of these things don't become clear to you until you're down the road a bit," he said. "I got a better look at things, and (thought), ‘Oh, this is a much clearer picture — and I don't know if I like it.' "
Hernandez added that he has neither the resources nor the time to deal with a lawsuit if it were to come to that.
He has consulted an attorney, he said, adding that "we all came to the agreement that without the approval of the state there was nothing much further to do."
Though Hernandez noted the "controversial" aspect of his school, he said as far as he could ascertain, there was nothing illegal about it. "We're just showing somebody how to do something without hurting themselves. You could almost argue that the state should be showing them how to not hurt themselves," he said.
Ultimately, Hernandez chose to err on the side of caution. "Given the subject matter and the controversial factor of it, it would not be wise to move forward without the state's (explicit) approval," he said.
"I would love to help the community, and I think I have something of value to bring — there are a lot of accidents, fires, things like that," arising from the cultivation of marijuana, he said. "There was something there of value and still is something there of value for someone who wants to take on the powers that be to try to spearhead the (cause). But it's not going to be me."
"Frankly, I'd rather spend time with my daughter," he said.
