X. Are you a medical marijuana patient facing state charges in Rhode Island (RI)?

If you are arrested for a marijuana offense and the prosecutor files charges, you will first face an arraignment, where you will plead guilty or not guilty. If you plead not guilty, you will have various motions hearings and eventually you may go to trial before a jury or judge, and the process may take a significant amount of time. Use a Public Defender or private attorney, and feel free to have her or him contact us at legalsupport@safeaccessnow.org to discuss trial strategy.

Rhode Island's Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act, a statutory bill, was originally passed by both houses of the Rhode Island legislature as H. 6052 & S. 710 and took effect on January 3, 2006, but the Act had a sunset clause. On June 21, 2007, the legislature amended the previous Act, and made the provisional program permanent, in passing H. 6005 and S. 791. Rhode Island's current medical marijuana law can be found in at Rhode Island Gen. Laws § 21-28.6 and current administrative regulations are located here.

Rhode Island law appears to allow a patient with a written certification (also known as a recommendation) and a primary caregiver to each separately possess 2.5 oz. of processed bud, and 12 plants (which are to be stored in an indoor facility), thus the two of them can collectively possess a total of 5 oz. of processed bud and 24 plants. However, even though a primary caregiver may cultivate for up to 5 patients, no primary caregiver shall singularly possess more than 5 oz. of processed bud and 24 plants on behalf or her or his patients.

The Rhode Island Department of Health, Office of Health Professionals Regulation registry identification card is not mandatory in order to assert a medical marijuana affirmative defense in state court, and a patient may assert the affirmative defense with only a written certification, as long as the patient has not exceeded the limits. A valid written certification must include the patient's medical records and must note that, "in the course of a bona fide practitioner-patient relationship," the practitioner has completed "a full assessment of the qualifying patient's medical history and current medical condition," that the patient has been diagnosed with a "debilitating medical condition," and that, "in the practitioner's professional opinion, the potential benefits of the medical use of marijuana would likely outweigh the health risks for the qualifying patient." Additionally, in an important reciprocity provision only found in MT and RI, a registry identification card or its equivalent issued by another one of the medical marijuana state governments has the same force and effect as a Rhode Island registry identification card in Rhode Island.

A medical marijuana patient may have 2 primary caregivers (a person "who has agreed to assist with a person's medical use of marijuana and who doesn't have a felony drug conviction") who may each serve only 5 patients at a time. In Rhode Island, a "debilitating medical condition" is:

• Cancer,
• Glaucoma,
• HIV/AIDS,
• Hepatitis C,
• A chronic or debilitating disease or medical condition which produces cachexia; severe, debilitating, chronic pain; severe nausea; seizures (such as from Epilepsy); severe and persistent muscle spasms (such as from Multiple Sclerosis or Crohn's disease); or agitation of Alzheimer's Disease; or
• Treatment for any of these conditions.

A Rhode Island patient may not smoke marijuana in a school bus or other form of public transportation; on any school grounds; in any correctional facility; in any public place; or in any licensed drug treatment facility in this state. An employer is not required to accommodate the medical use of marijuana in any workplace. A Rhode Island patient may also not operate, navigate, or be in actual physical control of any motor vehicle, aircraft, or motorboat while under the influence of marijuana. However, in preparing a defense to a possible DUI-Marijuana charge, it is very important to note that a registered qualifying patient shall not be considered to be under the influence solely for having marijuana metabolites in his or her system. A primary caregiver may receive reimbursement for costs associated with assisting a registered qualifying patient's medical use of marijuana, and such compensation shall not constitute sale of controlled substances.

For more information, see What the Law Says & How to Become a Patient.

Another important resource is the Rhode Island Department of Health website, which has Application Information and a helpful FAQ.

Additionally, Rhode Island Patient Advocacy Coalition (RIPAC), run by Jesse Stout, is an invaluable resource. It includes an amazing FAQ> and an extensive Brief Bank for you and your attorney to use.

Furthermore, while ASA is unaware of any current precedential Rhode Island caselaw supporting the return of marijuana to a patient if there is a lack of probable cause, it might be possible for a Rhode Island patient to get his or her legal amount of medicine back from law enforcement if it was wrongfully seized and the criminal case has not been prosecuted or has been dismissed. Rhode Island's medical marijuana law supports Return of Property in stating that, "Any interest in or right to property that is possessed, owned, or used in connection with the medical use of marijuana, or acts incidental to such use, shall not be forfeited."

For more information on how this type of process works in California, take a look at our Return of Property page. You and your Public Defender or private attorney can research whether your state has a Return of Property process and special proceedings in Criminal Court, and you can attempt to apply the reasoning of the California Motion for Return of Property, and create a similar State motion. For more information on filing this motion, contact ASA's Legal Services Coordinator.

Another important and interesting note in the Rhode Island medical marijuana law, is that it states, "No school, employer or landlord may refuse to enroll, employ or lease to or otherwise penalize a person solely for his or her status as a registered qualifying patient or a registered primary caregiver." This statement provides the broadest current civil protections for medical marijuana patients that currently exist (after Governor Schwarzenegger vetoed ASA's 2008 bill, A.B. 2279, which passed both houses of the California legislature and would have guaranteed employment protections to patients in non-safety-sensitive positions). Under this law, schools, employers and landlords may not discriminate against a patient or primary caregiver solely based on their patient/caregiver status. However, an employer does not have to allow a patient to possess or medicate at work or during work hours, and a landlord may still attempt to evict a patient based on possession of medicine or plants (which is against federal law), as opposed to an attempt solely based on patient/caregiver status.

Make sure you give all of this information to your Public Defender or private attorney and discuss it with her or him, and also that you and your lawyer continue to research whether there is any new caselaw in your state regarding medical marijuana. For information about how to find a lawyer familiar with medical marijuana law in your state, contact local activists to see if they have any information at Local Resources. Also, here is a link to possible lawyers from NORML's website. Additionally, RIPAC suggests that you contact the Rhode Island Bar Association's Lawyer Referral Service, Monday through Friday, 9:00 a.m. to 5:00 p.m. by telephone at: 401-421-7799. Also, you can contact the RI Public Defender at information@ripd.org or 401-222-3492 and the RI Association of Criminal Defense Lawyers.