Rhode Island lawmakers vote to legalize adult-use cannabis

Legislative bodies in the Rhode Island Senate and House of Representatives voted Wednesday to pass a bill legalizing cannabis for adult use, after an updated version of the measure was released by lawmakers the night before.

On Wednesday, the Senate Judiciary Committee approved the bill by a 9-1 vote, while the House Finance Committee voted 12-2 in favor of the measure. The success of the bill in committee is preparing for a vote on the legislation by the full Senate and House of Representatives, both scheduled for early next week.

State Senator Josh Miller, the Senate sponsor of the bill, celebrated the completion of the amended version of the bill just before its release Tuesday night.

“For me, this has been a 10-year effort, so it’s nice to complete it,” Miller said in a statement, quoted by local media.

The identical bills, Senate Bill 2430 by Miller and House Bill 7593 sponsored by Rep. Scott A. Slater, would allow adults 21 and older to publicly possess up to one ounce of cannabis. The bill also allows adults to possess up to 10 ounces of cannabis in a private location and grow up to three immature and three mature cannabis plants at home.

The bill creates a regulatory framework for legal commercial cannabis trade, with recreational cannabis sales scheduled to begin on December 1. An earlier version of the bill put the start date for the regulated sale of cannabis for adult use on October 1.

The amended version of the bill also strengthens the social justice provisions of the measure. Under the new version, previous civil and criminal convictions for low-level cannabis convictions will be overturned by the courts, which have been given until July 1, 2024 to complete the case. The previous version of the bill required convicts to apply to the court to have their files deleted.

“Social justice has been a major concern for us throughout the process,” Slater said. “The starting line is not the same for people in poor, urban and minority communities, and they deserve support to ensure they get the full benefits of participating in legalization.”

Proponents of restorative justice had argued that requiring those with records of cannabis possession to petition the court for deletion made the process less accessible to people from underserved communities. Cherie Cruz of the Formerly Incarcerated Union of Rhode Island welcomed the change in a statement.

“Incorporating state-initiated erasure into any framework of cannabis legalization is one of the most important concrete steps toward working towards social justice, justice and repairing the damage of the failed War on Drugs to so many affected Rhode Island residents,” said Cruz.

The new bill also includes changes for medical cannabis patients, including eliminating fees for medicinal weed cards and plant identification labels. Adults growing recreational cannabis would still need to purchase plant labels.

“The amended law is a concerted effort to address concerns about protecting medicinal uses, ensure fair governance and recognize that we cannot make this transition without taking action to heal the communities and individuals who have been suffering for decades were punished by the ban,” Miller said.

Rhode Island The amended bill addresses the governor’s concerns

The new version of the law also addresses concerns raised by Rhode Island Gov. Daniel McKee’s administration, with officials arguing that the bill unconstitutionally gives the legislature the power to appoint a three-member regulatory commission, legally mandated to do so governor is reserved. Common Cause Rhode Island, a non-profit organization that promotes good government, agreed the provisions violated the constitutional separation of powers.

The amended bill removes the powers of the Senate to authorize removals of commission members and to propose appointments to the panel to the Senate President. But Common Cause executive director John Marion said the bill continued to violate the separation of powers doctrine.

“The Cannabis Control Commission is still constitutionally flawed because the governor is asked to select one of three commissioners from a list given to him by the House Speaker,” Marion said. “The Senate claimed that the original bill passed constitutional scrutiny, but the fact that they changed several provisions in response to previous criticism is an admission that their argument was not on solid ground.”

In a statement released Tuesday night by McKee’s office, the governor thanked lawmakers for addressing his concerns about the commission.

“While this bill differs from the governor’s original proposal, it meets his priorities of ensuring legalization is fair, controlled and safe,” spokesman Matt Sheaff said in an email. “We look forward to reviewing the final bill emerging from the General Assembly and signing the legalization of adult-use cannabis.”

Other parts of the bill remained unchanged. Cannabis would be taxed at a total of 20%, including a 10% cannabis excise tax, a 7% sales tax, and a 3% tax that would go to local governments hosting licensed cannabis businesses. Local jurisdictions could choose not to allow retail cannabis outlets by putting a ballot question on the ballot for November’s general election, but communities that vote not to allow dispensaries will not be eligible for cannabis tax revenue. Cities and communities that already have medicinal cannabis dispensaries might not choose not to include retailers.

Both the House of Representatives and Senate have scheduled a vote on the bill for Tuesday. After the bill was approved in committee, the governor said he intended to approve the bill.

“I’m ready to sign the law when it lands on my desk as I understand it,” McKee said Wednesday.