MedicalMJ.org - Medical Marijuana Facts and News Updates

The State of Rhode Island's medical marijuana program could soon be made permanent. Legislation has passed both houses by large enough margins to survive a threatened veto by Governor Donald Carcieri. The Pawtucket Times reported on May 4, 2007 ("Marijuana Law Gets Senate Nod") that "Following in the footsteps of Wednesday's House vote, the Senate approved legislation Thursday to make the state's medical marijuana law permanent. The vote was 28-5, far exceeding the three-fifths vote required to survive the veto Gov. Donald Carcieri says is likely to come. The law that protects from arrest or prosecution patients who suffer from a debilitating medical condition as certified by a physician and one or two "caregivers" who help them procure, grow or use the drug, was passed over the governor's veto in January, 2006, it is set to expire on June 30 unless a so-called "sunset clause" is eliminated. The now-identical measures that passed the House and Senate this week do just that. Under General Assembly procedure, the House bill will now go to the Senate for passage and the Senate bill will go to the House. Then both bills will go to Carcieri, who said if the measures are similar to what was passed last year, which they are, he would probably veto them. He must do that within six days ( excluding Sundays ) from the date he receives the bills from the respective chambers."

According to the Times, "The bill is titled The Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act. Hawkins, who died three years ago of AIDS, was Perry's nephew and she said it was his struggle with the disease that inspired her to push for the legislation. Rep. Thomas Slater, himself a cancer patient, is the prime sponsor of the House bill. The law makes no provision for patients to obtain the drug, so they must buy it illegally on the black market. The law does not shield individuals from arrest or prosecution under federal law. Sen. Charles Levesque told colleagues, "The numerous people who came in and individually told us their experience was they had no desire to go down this road, they had no desire to put their friends down the road of obtaining an illegal substance, putting themselves at risk in doing so. But they said ultimately it was their only form of relief, the only thing that allowed them to eat, to sleep, to find any comfort when they had been suffering from a debilitating disease. "It was beyond my ability to look at these folks and say, I will not be prepared to give you that relief that you are begging us for," Levesque continued. "Boy, if that didn't make me feel humble, that someone had to come and ask me or any of us for that relief." Patients are allowed to possess up to 2.5 ounces of "useable marijuana" or 12 plants and they may designate one or two caregivers. A caregiver can serve up to five patients, but under amendments approved in both the House and Senate this week, may possess no more than 5 ounces of the drug or 24 plants."

Updates on the status of these bills, HB6005 and SB0791, are available from the Rhode Island General Assembly website and from the Rhode Island Patient Advocacy Coalition.

Rhode Island Legislature Poised To Make Medical Marijuana Program Permanent