Top Rhode Island Lawmakers Signal That Marijuana Legalization Deal Is Close, With Key Issues Being Agreed Upon – Marijuana Moment

A deal on a bill to legalize marijuana in Rhode Island is finally coming together, legislative leaders said this week.

While there are still certain outstanding issues to resolve such as which agency should be tasked with regulating the market, lawmakers have made significant progress and have reached compromises on a number of topics, Sen. Josh Miller (D), sponsor of one legalization proposal, said during a panel hosted by Johnson & Wales University.

Miller warned that he couldnt be especially specific on details given that negotiations are ongoing, but he expressed optimism that legislators are nearing an agreement.

One issue thats nearing consensus concerns the number of marijuana business licenses that could be authorized. Millers bill, which was approved by the Senate earlier this year, proposed as many as 150 cannabis shops, whereas Gov. Dan McKees (D) plan called for 25 and Rep. Scott Slater (D) wanted just 15 in his separate House bill.

The senator said that were probably down to more in the 30, 40 range.

Expungements is another issue thats being sorted out. Theres agreement that the social justice component should be included in whatever legislation ultimately passes, but Miller explained that there are some challenges when it comes to processing.

For example, conviction records for possession dont always specify the amounts, which could complicate any automated expungement procedure to clear the records of people with convictions for offenses made legal under the reform.

What were trying to do is create a mechanism to give the attorney general or the court system a time componentmaybe 90 daysto find a quantity component that would disqualify them, the senator said.

Negotiators have also reached an agreement to place a temporary moratorium on approving additional cannabis cultivator licenses. Some have protested adding cultivators beyond the existing medical marijuana licensees because they say theres already a sufficient supply to meet demand in the adult-use market.

These are all positive developments that signal a forthcoming deal, but the sponsor said that negotiators still need to figure out which body should be charged with regulating the adult-use market.

Some like Miller want to set up an independent cannabis commission, whereas others feel the recreational market should be overseen by the state Department of Business Regulation (DBR), which currently regulates Rhode Islands medical marijuana program.

According to WPRI-TV, whose reporter Steph Machado also participated inTuesdays panel, negotiators are leaning toward a hybrid model, with responsibilities being divided by DBR and a separate commission.

House Speaker Joe Shekarchi (D) would be open to a compromise, a spokesperson for the leader told the TV station. Lawmakers have been reviewing regulatory models in Connecticut, Massachusetts and New York.

A spokesperson for McKee said that the governor supports recreational cannabis and his team has been actively working with our partners in the General Assembly on a bill that is equitable and benefits Rhode Island. The conversations are ongoing and we are hopeful that an agreement can be reached.

Senate President Dominick Ruggerio (D), for his part, said last month that lawmakers are very close to reaching a deal on a marijuana legalization bill that could be taken up during a special session this fall.

We sent legislationwhich we think is a very good piece of legislationover to the House before we left in June, the senator said, referring toa legalization bill that his chamber approvedin June. They are working on that legislation with some of the House people at this point in time.

The prospects of holding a special session could be bolstered if the legislature decides to take up separate legislation dealing federal with coronavirus relief, Miller said during Wednesdays panel.

What remains to be seen is whether the negotiated legalization bill thats ultimately produced will satisfy advocates and progressive lawmakers, some of whom haverallied behind an agenda for reformthat emphasizes the need for bold social equity provisions.

While each of the competing bills contain components meant to address the harms of marijuana criminalization, the coalition led by Reclaim Rhode Island says theyre insufficient. Advocates and supportive lawmakers have laid out specific items that they want to see incorporated such as setting aside half of cannabis business licenses for communities most impacted by prohibition.

We cant reverse the harm of the war on drugs, but we can start to repair it by passing automatic expungement and waiving all related fines, fees and court debt, Rep. Karen Alzate (D), chair of the Rhode Island Legislative Black and Latino Caucus, said last month. This bold legalization plan offers us the chance to turn a new leaf for the Ocean State, and its time we take it.

Ruggerio, for his part, said he does feel that the legalization bill that was approved in the Senatecontained very strong social justice provisions and the expungements provision is as close to automatic as practical.

Reclaim Rhode Island isnt the only group pushing lawmakers to expeditiously work to pass legalization. Its part of a coalition of 10 civil rights and drug policy reform advocacy groupsincluding the Rhode Island chapters of the ACLU and NAACPthat recently demanded thatlawmakers move ahead with enacting marijuana reformin the state before the end of 2021.

Shekarchi said in July that while theres not yet a consensus among legislators and the governor on a deal to legalize marijuana, its still a workable issue and would be prioritizedif negotiations succeed this summer and a special session is convened this fall.

Slater recently told Marijuana Moment that things are still where they were prior to the end of sessionbut lawmakers are trying to figure out a reconciliation between my bill, the Senates and the governors.

Meetings over the summer had been mostly informal, the representative said. I think we can get there before next year. It will not be perfect, and I am sure a work in progress.

Ruggerio said in July that hesnot disappointed the House hasnt advanced legalization legislationyet and that what we really wanted to do was send it over and have them take a look at itwhen his chamber passed its cannabis reform measure.

Shekarchi, for his part, previously said thathe feels reform is inevitable.

Senate Majority Leader Mike McCaffrey (D) was also recently asked about provisions related to allowing local municipalities to opt out of allowing marijuana businesses to operate in their area. He said once the legislation is passed and whatever form is passed in, the communities have an opportunity to opt out.

They have an opportunity to opt out if the community doesnt want to participate in it, he said. Thats their decisionhowever, they dont get the funds that would come from the sales in that community.

The majority leader also noted that neighboring states likeConnecticut and Massachusetts have enacted legalization, and that adds impetus for the legislature to pursue reform in the state.

Shekarchi, meanwhile, said in July that he doesnt intend to let regional pressure dictate the timeline for when Rhode Island enacts a policy change. Social equity, licensing fees, labor agreements and home grow provisions are among the outstanding matters that need to be addressed, the speaker said.

The House Finance Committeeheld a hearing on Slaters legalization measurein June.

The governor previously told reporters that while he backs legalization it is not like one of my highest priorities, adding that were not in a race with Connecticut or Massachusetts on this issue.

I think we need to get it right, he said, pointing to ongoing discussions with the House and Senate.

The House Finance Committee discussed the governors proposal to end prohibitionat an earlier hearing in April.

Both the governor and the leaders legalization plans are notably different than the proposal that former Gov. Gina Raimondo (D) had included in her budget last year. Prior toleaving office to join the Biden administrationas commerce secretary, shecalled for legalization through a state-run model.

McKee gave initial insights into his perspective on the reform in January, saying that its time that [legalization] happens and that hes moreleaning towards an entrepreneurial strategythere to let that roll that way.

Shekarchi, meanwhile, has said hesabsolutely open to the idea of cannabis legalizationand also leans toward privatization.

Late last year, the Senate Finance Committeebegan preliminary consideration of legalizationin preparation for the 2021 session, with lawmakers generally accepting the reform as an inevitability. I certainly do think well act on the issue, whether its more private or more state, Sen. Ryan Pearson (D), who now serves as the panels chairman, said at the time.

Meanwhile, the governor in Julysigned a historic bill to allow safe consumption siteswhere people could use illicit drugs under medical supervision and receive resources to enter treatment. Harm reduction advocates say this would prevent overdose deaths and help de-stigmatize substance misuse. Rhode Island is the first state to allow the facilities.

The Senate Judiciary Committee also held a hearing in March on legislation that wouldend criminal penalties for possessing small amounts of drugsand replace them with a $100 fine.

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Top Rhode Island Lawmakers Signal That Marijuana Legalization Deal Is Close, With Key Issues Being Agreed Upon - Marijuana Moment