Members of the Rhode Island General Assembly worked with Gov. Lincoln Chafee '75 P'14 to draft legislation that would allow compassion centers - medical marijuana dispensaries - to operate by holding them to more stringent regulations.
The legislation, sponsored by state Sen. Rhoda Perry P'91, D-Providence and state Rep. Scott Slater, D-Providence, is designed to minimize the risk of federal intervention, such as raids or shutdowns, in the compassion centers.
Rhode Island legalized the use of medical marijuana by licensed patients in 2006, but there are no state-regulated distributors of the drug, so patients rely on caregivers to grow and supply them with the drug. Chafee signed the Medical Marijuana Act in 2009, an amendment to the law that permits the Rhode Island Department of Health to register three compassion centers to grow and sell the drug for medicinal purposes. But before any compassion centers opened, U.S. Attorney Peter Neronha sent a letter to Chafee, informing him that if the dispensaries began to operate, they would be in violation of federal law and could be subject to raids.
At the federal level, marijuana is not legal under any circumstance. It is classified as a Schedule I controlled substance, meaning it has no accepted medical use in the United States. Schedule II controlled substances have some accepted medical uses and can therefore be prescribed and distributed. Though marijuana is decriminalized for medical use in Rhode Island, situations could arise in which the federal government might feel compelled to act, said Christine Huntsinger, spokesperson for Chafee.
The new legislation would allow the Rhode Island Department of Health to regulate aspects of the compassion centers that concern federal officials. The Department of Health would determine a limit on the amount of marijuana a compassion center could grow and store, as well as the amount of cash kept on site. Profits generated by the privately-run dispensaries are a matter of unease among federal officials, Huntsinger said. The legislation would also attempt to prevent illegal marijuana sales by allowing caregivers and patients to sell their excess produce to compassion centers.
Compassion centers are needed in Rhode Island because the vast majority of licensed medical marijuana users have to get their medicine illegally, Perry said. "We wanted to have a methodology available to these patients who have incredible pain and terrible symptoms associated with their diseases and medications," she said. Their suffering is "definitely ameliorated as a function of being able to take their medication, which is medical marijuana," she added.
The legislation attempts to address concerns voiced by federal officials, but it seems unrealistic that they could be completely resolved, Perry said. "The federal government will do what they do and the state will do what it does," she said.
The U.S. Attorney's support for the Department of Justice's policy on medical marijuana has not changed, according to a statement released by Neronha's office. The office does not plan to evaluate or discuss the recently proposed legislation.
In a step toward reconciling the discrepancy between federal and state law regarding medical marijuana, Chafee, along with Washington Governor Christine Gregoire, has petitioned the federal government to reclassify marijuana as a Schedule II controlled substance, making it acceptable for medical use at the federal level.
"The governor has been supportive of medical marijuana and understands that there is a population that needs it," Huntsinger said.
Taking a dual approach, Chafee has agreed to work with the legislature to alter legislation as well as to address the issue at the federal level so that drug policy adheres to the needs of Rhode Islanders.
