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Cannabis flower
With an act of the state legislature, Rhode Island became the 19th state to fully legalize marijuana.
The process was exemplary. Less than one week after being approved in committee, a pair of reform bills were tackled by both chambers of the state legislature simultaneously. The Senate passed its bill 32-6, while the House passed its own 55-16.
As usual, a majority of Republicans tried to block the bills in both chambers, while virtually every Democrat voted in favor. Rhode Island’s General Assembly is overwhelmingly Democratic, with 33 Democrats and five Republicans in the state Senate, and 66 Democrats to nine Republicans in the House. The Republicans’ best obstructionist efforts did not hinder the swift passage of common-sense reform.
The bills were approved and transmitted to Democratic Gov. Daniel McKee. The governor signed them into law the very next day. It will be several months before adult-use marijuana retail sales can start, but the legislature assured that Rhode Island residents are allowed to own, consume, exchange and even grow their own marijuana effective immediately.
We are now a long way from the status quo of the 2010s, during which cannabis reform could only successfully advance through referendums and were shunned by lawmakers. The 2010s were the era of ballot measures; the 2020s have been, so far, the era of marijuana legalization through state legislatures. The movement started with Illinois, which was the first state to legalize it fully through legislative action starting on January 1, 2020. Since then, in just two years, Vermont, New York, Virginia, New Mexico, Connecticut and now Rhode Island have followed in Illinois’ footsteps.
What the Law Now Says
Anyone age 21 and older is now allowed to be in possession of one ounce of marijuana in public and up to 10 ounces in their homes. Sale and trade of small, personal-use amounts of cannabis is also allowed. It is now also legal to grow six cannabis plants at home for personal consumption.
This legislation “took a great deal of effort—it certainly wasn’t a straight line. It took hundreds of hours of work, meetings, stakeholder’ sessions, negotiations and collaboration. And that’s how good legislation gets done,” said Gov. McKee at the bill signing ceremony. This refers to the initial delay in getting the reform done due to activists’ worries regarding social justice provisions. These provisions were included in the final draft of the bill, ensuring that the people most hurt by the War on Drugs will have first picks of the burgeoning legal marijuana market. This has become the norm in states that passed reform through their legislatures, following the model established by Illinois.
The new law orders the creation of a new regulatory body, the Cannabis Control Commission, as well as a 10% excise tax on marijuana products that adds up with the state’s 7% sales tax and local taxes. That money will be reinvested in local communities, especially to support equity applicants wishing to work in the marijuana industry and coming from communities heavily impacted by the War on Drugs.
Most importantly, this legislation guarantees an automatic expungement by 2024 of prior marijuana-related convictions for amounts now legalized. It also offers an expedited process for people wishing to petition the courts for expungement earlier or for amounts higher than the one ounce cutoff point. It also decriminalizes, although it does not legalize, public possession of twice the legal amount of weed, which is now punishable by a fine but no threat of jail time.
“The bill represents a strong foundation from which to build the safe, equitable regulation of cannabis for adult use,” said Senate Majority Leader Michael McCaffrey. “We are proud that this legislation prioritizes the participation of people most impacted by the past enforcement of cannabis laws both through automatic expungement and the creation of a licensing structure based on social equity.”
This legislation received outspoken acclamations from politicians, residents and activists alike. Jax James, State Policy Manager for NORML, the National Organization for the Reform of Marijuana Laws, said: “We are pleased that Governor McKee moved swiftly to sign this common sense legislation into law. The overwhelming support for this bill exhibited by lawmakers and the expeditious nature with which it was signed into law is indicative of the strong level of public support that exists in favor of legalization not only in Rhode Island, but also nationwide. This new law will work to rectify past wrongs while also moving Rhode Island forward toward a brighter and more prosperous future.”
