Ten Years and Growing: Medical Marijuana in Rhode Island - Where Are We Now?

BACKGROUND The Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act1 (“Hawkins-Slater”– Rhode Island General Laws 21-28.6-1) became law in 2005. Regulations2 were promulgated initially in July of 2006. The legislative findings3 incorporated in Hawkins-Slater assert that modern medical research recognizes beneficial uses for marijuana, including the treatment of pain, nausea and other debilitating conditions, noting that ten states (other than Rhode Island) had passed statutes approving the use of medical marijuana (“MM”). Hawkins-Slater allows citizens with qualifying debilitating medical conditions (“QDMCs”) to grow, possess and use marijuana without fear of prosecution from state or federal law. “It is in the state’s interests of public safety, public welfare, and the integrity of the medical marijuana program to ensure that the possession and cultivation of marijuana for the sole purpose of medical use for alleviating symptoms caused by debilitating medical conditions is adequately regulated.”4 The law also allows individuals to become “primary caregivers” for citizens with QDMCs. The subsequent development of compassion centers (centers in which MM is grown commercially) was made possible by amending Hawkins-Slater in 2009.5 Three centers were subsequently opened in Rhode Island between spring, 20136 and fall, 2014.7 stating that, in the practitioner’s professional opinion, the potential benefits of the Medical Marijuana would likely outweigh the health risks for a patient.”