ACLU files lawsuit against Smithfield for medical marijuana ordinance

SMITHFIELD – The Rhode Island American Civil Liberties Union has filed a lawsuit against the town of Smithfield over its new medical marijuana ordinance, alleging it impedes medical marijuana patients’ privacy and access to treatment.

The lawsuit was filed on behalf of two licensed medical marijuana patients and the Rhode Island Patient Advocacy Coalition.

Steven Brown, executive director of the Rhode Island ACLU, said that the ordinance “puts patients in harm’s way.”

He added that the discrimination the lawsuit is fighting directly aligns with the mission of the organization.

“The ACLU has always been an advocate of the decriminalization of marijuana,” said Brown.

The plaintiffs are asking the court to grant injunctive relief restraining the enforcement of the ordinance, so medical marijuana patients can access treatment for debilitating conditions without fear of legal repercussions.

Medical marijuana has been legal in Rhode Island for 11 years and allows individuals with chronic or debilitating medical illnesses to possess 12 marijuana plants and 2.5 ounces of dried marijuana.

On April 18, the Smithfield Town Council unanimously passed what opponents call one of the strictest medical marijuana laws in the state.

The ordinance limits home growers to two plants and bans caregivers, who grow for patients too ill to cultivate their own cannabis, from growing in town.

The Town Council did not consult the Rhode Island Patient Advisory Coalition, the ACLU or any other medical marijuana advocacy group before writing and passing the ordinance.

The day of the April 18 vote, the Rhode Island ACLU sent the Smithfield Town Council a letter detailing concerns with the ordinance and signaling legal action if it passed:

“It could significantly hamper the ability of patients and caregivers to grow and access medication that is critical to their well-being,” it states. “We recognize the tragedy that has likely led to this proposal, but if all it does is encourage the growing of medical marijuana in violation of the ordinance or lead to a successful legal challenge to the ordinance’ validity under state law, little will have been accomplished.”

Town Council President Paul Santucci and Councilor Suzy Alba did not respond to requests for comment by press time.

Despite this letter from the ACLU and testimony from RIPAC director JoAnne Leppanen and Regulate Rhode Island Director Jared Moffat, the council went forward with passage of the ordinance.

Leppanen said “it was shocking that Smithfield disregarded our testimony.” She said she has already heard from patients who are negatively impacted by the ordinance.

“There were some patients who were planning to grow and now they don’t know what to do,” she said. “Most people assume that they’re going to get in trouble.”

She said patients who have already obtained the 12 marijuana plant tags from the state are confused by Smithfield’s limit of two plants, and the patients don’t know who to listen to.

Leppanen said she and a board member have reached out to the Smithfield Town Council and offered to deliver an educational presentation about medical marijuana.

“We have not heard back at all,” she said.