Marijuana ordinance faces backlash

SMITHFIELD – The Rhode Island Patient Advocacy Coalition and Rhode Island branch of the American Civil Liberties Union are gearing up for a lawsuit against the town of Smithfield over a new marijuana ordinance.

On April 18, the Smithfield Town Council unanimously passed what opponents say is the strictest marijuana ordinance in the state, voting to limit home growers to two plants and to ban caregivers from growing in town.

RIPAC and the ACLU have said the ordinance represents an attempt to undermine state law.

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.

For patients who are too ill to grow their own plants, caregivers provide a service by growing the medicine for them.

But for medical marijuana patients in Smithfield, the rules have now changed.

“All these things are explicitly authorized by state law,” said Steven Brown, executive director of the ACLU.

Town Solicitor Edmund Alves takes issue with the idea that Smithfield has passed a more restrictive ordinance than other communities. He said the communities of Lincoln and Glocester have similar, if not stricter, ordinances.

“We’re in the mainstream,” said Alves. “Each community has to try to do what it thinks is best to protect its residents and that’s what the Town Council did.”

Brown said the ACLU wrote to the Town Council prior to the April 18 meeting expressing concerns about the ordinance.

“Obviously they chose to ignore that,” Brown said.

The ACLU will be talking to potential plaintiffs and also working on appointing an attorney for the case, according to Brown.

But finding medical marijuana caregivers and patients who are willing to come forward might be difficult, said JoAnne Leppanen, executive director of RIPAC.

“It’s driving them more and more underground,” she said. “They’re feeling judged.”

Leppanen was present the evening of the public hearing and spoke on behalf of patients in the town who declined speaking for fear of repercussion. She said that lowering the plant limit and banning caregivers could deprive some patients of invaluable care.

“Most medical marijuana patients are not giving away their own medicine. They need it,” Leppanen said.

She said she believes the ordinance was passed out of fear and a lack of education on marijuana.

“But trying to punish the patients for that, it’s crazy,” Leppanen said.

There have been some attempts to educate the public on medical marijuana. Rhode Island Assistant Attorney Gen. Joee Linbeck has traveled to 16 towns in the state to discuss marijuana with a presentation titled “Consequences of Marijuana.”

Amy Kempe, public information officer for the AG’s office, said the presentations were initiated by several towns that had questions about what legalization could mean for the community.

“Whatever you choose to do with this information is up to the town,” Kempe said. “The decision is up to them.”

The presentation states: “In the 10 years of the medical marijuana (law), the cultivation of marijuana has presented serious public safety and public welfare issues.”

It also includes 18 photo slides that depict massive marijuana growing operations, illegal electrical wiring, and the charred remains of homes that caught fire following illegal grow operations.

Leppanen said she does not believe Linbeck is providing a well-rounded presentation on the issue.

“It’s misleading and exaggerated,” she said of the presentation.

She noted that plants must be accompanied by valid medical marijuana tags purchased from the Department of Business Regulation.