Despite favorable polls, officials take 'not so fast' stance to legalizing marijuana

By Tim Forsberg
Posted 2/28/17

While a recent poll continues to show the majority of Rhode Islanders support legalizing and taxing marijuana, local, state and law enforcement officials are taking a not so fast" approach towards decriminalizing and regulating the plant"

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Despite favorable polls, officials take 'not so fast' stance to legalizing marijuana

Posted

While a recent poll continues to show the majority of Rhode Islanders support legalizing and taxing marijuana, local, state and law enforcement officials are taking a “not so fast” approach towards decriminalizing and regulating the plant for personal use. 

“We expect that the General Assembly will be, if not in this fiscal year then at some point, taking a hard look at legalizing marijuana. That’s what’s happening in other states; that’s what’s happening with our neighbors,” said David Ortiz, spokesperson for Gov. Gina Raimondo. “The governor expects that could well be in our future. She’s not opposed to it if it’s done responsibly, so she is less concerned with Rhode Island being first at rushing to legalize and more concerned with making sure that if and when it’s made legal that it’s done in a matter that protects general public safety, and provides protections for children.”

According to a poll conducted by Public Policy Polling, a Raleigh, North Carolina survey company working on behalf of Regulate Rhode Island, an organization advocating for cannabis legalization, 59 percent of Rhode Islanders now support legalizing recreational marijuana. In 2015, a similar poll conducted by the organization showed a 57 percent approval rating for legalization.

The poll was conducted between January 27 and 29 and has a margin of error of plus or minus 3.6 percent. The poll used a pool of 759 registered voters and found that 62 percent of Warwick residents, 58 percent of Cranston residents, and 52 percent of Johnston residents support legalization.

 “The lessons from other states, she’s talked to the governor of Colorado, we know very well from the recent history in Massachusetts is that they’ve had to put the brakes on. We need to have the proper regulatory framework; as you know the governor’s office is working hard on that front,” said Ortiz.  “But we believe that it’s important to have the proper regulatory framework. And there would be new revenue as a result, but the governor isn’t looking to rush to legalize marijuana to get that revenue to pay for other things. We believe that the proposals we put forth in this budget are affordable and that it’s important to be deliberate and have the regulatory framework in place for when and if marijuana’s legalized.”

According to Ortiz, the governor has concerns about young children in other states consuming edible marijuana products that aren’t being properly regulated. He said her concern for public safety comes first and she believes that if the proper regulatory environment is in place it will make for an easier conversation toward legalization. 

 “I would say that she understands this could be in our future, and she’s not opposed,” said Ortiz. “But she’s committed to making sure it’s done responsibly and safely.”

Continuing a trend in the General Assembly, legislation to legalize has again been introduced this session, though its passage remains unclear.

“Speaker [Nicholas] Mattiello has not taken a position on the marijuana legislation.  The bill was just introduced in the House this week and a hearing will be held by the House Judiciary Committee. He will review the testimony that will be provided to the committee,” said Larry Berman, director of communications for the Office of the Speaker of the House. “He has not supported this legislation in the past but will be reviewing the testimony. Massachusetts has delayed implementation of its pot shops until July 2018, so there is time to carefully review all of the arguments, pro and con, including the financial impact and the societal impact.” 

Last November, voters in Massachusetts overwhelmingly approved a ballot measure to legalize recreational marijuana, which would also allow residents to grow small quantities. Maine has also legalized cannabis through a ballot measure. Currently, there are no plans in place for a similar ballot question in Rhode Island.

Representative Joseph McNamara, chairperson for the House Committee on Health, Education and Welfare, has been involved in co-sponsored medical marijuana statutes going back approximately 10 years, which he states took a cautious approach. He believes that the state should take a similar approach to legalization and has concerns about youth access, regulatory controls, and the availability of edible marijuana products.

"We should be very cautious as to any steps that we take in legalization and would use the example that we use initially for medical marijuana. The bill we had in the first year, we had a Sunset Provision, so in other words if we did not renew the legislation upon review, that program would have ended, and what we did is we monitored how many doctors were prescribing it, how many patients were involved and what their diagnoses were, had a hearing before that Sunset Provision where we invited patients to come in and testify, so it was a very cautious, guarded approach,” said McNamara. “I think with something that has the potential to be disruptive to society on many levels, we have a responsibility to use the same approach and be wary of how we process.”

McNamara added that, in addition to revenue, there will also be increased demand on the budget for counseling and substance abuse prevention – a liability on the other side – and increased spending on prevention programming and counseling.

Jared Moffat, director of Regulate Rhode Island who commissioned the recent poll and is a staunch advocate looking to end marijuana prohibition, believes the marijuana legalization discussion changed this year when Massachusetts voters deciding to legalize. He recognizes that there is a tough battle ahead but believes it is winnable with the support of legislators.

“I do think it could still be legalized this year. I think it’s too early to tell what’s going to happen. They understand that, if we don’t do it this year, the reality is we’re just going to lose out on all this tax revenue, new jobs and new business, that’s just the reality,” said Moffat. “I think Massachusetts would be thrilled if we don’t pass a bill this year because it would mean that they get an unchallenged regional monopoly essentially.”

Moffat said he believes that leaders in the state are practical and wishes they would have supported legalization initiatives of this years ago, but at the same time “they are practical-minded and they understand the reality of the situation.” 

“I think one of the biggest challenges we have is holding politicians’ and lawmakers’ attention long enough to address all of the misinformation. We have responses to everything our opponents say. The question is do people give us a fair shot to provide that response,” said Moffat. “Unfortunately, what we’re in right now is a catch-22, they say we’ve got to take this slow we’ve got to really consider all the research and we have to consider all aspects of this. I’ve got all the research here, I’ve got all the information, let’s just sit down and talk about this and there’s kind of an unwillingness to do that.”

Moffat said he recognizes concerns about drugged driving, or children’s exposure to cannabis edibles. But he believes that under legalization, law enforcement would be even more interested in charging and convicting because they’d want to send a message that breaking marijuana laws isn’t going to be tolerated.

Recently, White House Press Secretary Sean Spicer stated that he expects states would be subject to greater enforcement of Federal marijuana laws. How that would affect Rhode Island going forward remains unclear.

“We’re not going to speculate what the Justice Department may or may not do with regards to recreational marijuana,” said Amy Kempe, the public information officer at the Rhode Island Attorney General's office. “We’ve seen many times already with the Trump Administration, what they say one day might not be what they say the next day, so we think it’s best not to speculate.”

 According to Moffat, however, it appears the finish line for marijuana legalization is near.

“There’s no doubt in my mind that Rhode Island will legalize and regulate marijuana at some point, and I think even our staunchest opponents would admit that,” said Moffat. “My point is, if it’s going to be when, why would we not want to do it now to maximize the economic and tax revenue benefits?”

(With contributions from Tessa Roy and John Howell)

Comments

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  • richardcorrente

    If Rhode Island decides to legalize and regulate marijuana I would strongly advise the tax revenue be mandated for a deserving area like education or road repair or the elimination of the car tax. However, whatever is mandated, can we please actually use the money for that reason, not allowing it to fall into the black hole of the general fund? Please? Is there some way that the money can be 100% guaranteed to be used for a certain category. Other states do it. They actually keep the promises of their politicians. Rhode Island would be a much better place to live in if our politicians followed that good example.

    The state income tax was supposed to be "temporary".

    The state sales tax of 1% was supposed to be "temporary". (this "temporary tax" is now 7%)

    The lottery proceeds were supposed to be "for education".

    Now the debate continues over legalizing pot. I don't know if we should or not, but here's what I do know. We CAN'T let the proceeds go into the general fund. I believe R.I. needs to "Cut taxes - Cut spending" (especially here in Warwick)

    That's the way I see it.

    Happy early Spring everyone.

    Rick Corrente

    The Taxpayers Mayor

    Tuesday, February 28, 2017 Report this

  • Thecaptain

    It appears that Mr. Corrente's idea of cutting taxes is simply not paying them. Even as of today, he still has not paid his automobile taxes. What a great example of a leader. Do what I say, not what I do. The inability to manage a $162.27 car tax bill, yet in his mind, he believes that he qualifies to be outspoken about taxes and fiscal issues, and thinks he has answers to a $298 million dollar budget. What a joke.

    Tuesday, February 28, 2017 Report this

  • moreofthesame

    Mr Captain and Mr Mayor,

    It would be wonderful inf you two would cease posting for awhile....

    Mr Captain, I'm surprised by the intensity of your vitriol towards Mr Mayor. I may be wrong, but it seems that you have stated your concern regarding Mr Mayor not paying his car taxes. I think you've made that point at least ten times in the comments section. Are you concerned that you haven't made your point clearly? I expect more from a Hendricken graduate.

    Mr Mayor, I spent about 15 minutes speaking with you in a Stop & Shop parking lot. Your lack of specifics was impressive. While I won't vote for Mayor Avedisian, I'm fairly certain that you'll never be elected Mayor. I guess you missed the old show business adage of "always leaving them wanting". How can we miss you if you won't go away and write new material?

    Since this article was about weed, why don't the two of you go smoke a joint and discuss how the two of you might work together to solve the problems that face the city?

    I guess that is just a pipe dream......

    Tuesday, February 28, 2017 Report this

  • Thecaptain

    Moreofthesame,

    Since this is Rhode Island and people have an extremely short memory, I do in fact feel the need too keep reminding people that a person that is incapable of managing his own fiscal responsibilities is not only, not fit for any office, but should not even be commenting on tax and fiscal matters. It is not vitriol, is is simple fact. I find it offensive when I have to pay taxes and for some reason, the neighbor down the street feels as though he does not. Then in fact, takes cheap shots at me and several others who have been involved and paying attention to city fiscal matters, and actually, predicting the ramifications of this city's indebtedness.

    It is a bit ironic, no?

    Tuesday, February 28, 2017 Report this

  • RISchadenfreude

    I'd favor legalization more if sentencing for cannabis-related offenses wasn't subject to plea bargaining, sentence reduction and concurrent sentencing, unless the offender testimony could lead law enforcement to "bigger fish"; this is unlikely to happen in litigation-happy RI.

    Also, take a look at the spike in pot-related auto accidents and fatalities in other States which have legalized or decriminalized cannabis. I really don't care what people do to themselves- it's Social Darwinism; I just don't want to see any more innocent parties affected by irresponsible behavior.

    Decriminalizing pot was enacted to reduce the burden on the criminal justice apparatus and get more revenue into the municipalities' and State's coffers (sorry, folks, it wasn't because they have any love for users).

    Substance users who get fired, have criminal records, forget their appointment(s), smell like alcohol/weed, and/or fail drug screens will always be a hidden advantage for other prospective employment candidates without those handicaps, so feel free to continue to move yourselves to the bottom of the Candidate Lists.

    I support medicinal use of cannabis for pain management, so please don't trot out that tired old unrelated talking point as support for general legalization.

    Mr. Corrente, you should know by now that even if the tax revenue were earmarked for a particular use, it would be quietly be legislatively moved to the General Fund when no one was paying attention; if there's one thing the General Assembly would love, it is if we were ALL stoned and paying no attention to their activities.

    Wednesday, March 1, 2017 Report this