McKee To Sign RI Marijuana Legalization Into Law

RHODE ISLAND — Gov. Dan McKee will sign a bill Wednesday legalizing recreational marijuana in Rhode Island, a spokesperson from his office said.

Rhode Island lawmakers on Tuesday passed the Rhode Island Cannabis Act, which was first introduced by State Sen. Joshua Miller (D-Cranston) and state Rep. Scott Slater (D-Providence).

"The reality is that prohibition does not stop cannabis use," Miller said in a statement. "Since Rhode Islanders can already access cannabis just across the state border or on the illicit market, we experience all the challenges without any of the safeguards or resources that our neighboring states have. With this bill, we are ending prohibition in a way that is safe, keeps revenue in Rhode Island, and is as fair and equitable as we can possibly make it."

The Rhode Island Cannabis Act allows state residents 21 and older to sell and possess up to 1 ounce of cannabis, keep no more than 10 ounces in their home and grow a small amount.

As far as tax revenue, the state will impose a 10 percent state cannabis excise tax, a 7 percent sales tax and a 3 percent tax going to the city or town where the sale takes place.

The bill was first introduced in March but has since undergone a few tweaks, the biggest being automatically expunging previous convictions for cannabis possession, upon legalization. Automatic expungement is expected to happen by July 1, 2024, for any prior civil violation, misdemeanor or felony conviction for possession of cannabis that would be decriminalized by the bill, without requiring people to file a request, pay a fee or have a hearing. It also provides an expedited process by request for those who wish to have their record expunged earlier.

The legislation also allows 33 retail licenses across six zones in the state to sell marijuana, including nine compassion centers that would function as hybrid medical/recreational dispensaries. Bill sponsors said they believe it's possible to have at least six of them open by Dec. 1.

State lawmakers said the bill also reduces barriers of entry into the industry for communities who have been disproportionately affected by cannabis prohibition. The proposal uses licensing fees and penalties to fund technical assistance and grants to applicants and communities that have been impacted, and reserves one license in each of the six districts for a social equity license and another in each district for a co-op.

"Social equity has been a top concern for us throughout this whole process," Slater said. "Senator Miller and I represent some of the communities that have suffered disproportionate harm from prohibition for decades, resulting in generational poverty and mass incarceration. The starting line isn’t the same for people in poor, urban and minority communities, and they deserve support to ensure they get the full benefit of participating in legalization."

Under the bill, a three-member Cannabis Control Commission will be appointed by McKee with input from the speaker of the house and approval from the senate. That commission will be assisted by a Cannabis Advisory Board and the existing administrative Office of Cannabis Regulation within the Department of Business Regulation. That office will handle the transition to legal recreational use, including issuing hybrid licensing to existing dispensaries and cultivators.

The bill allows cities and towns to opt out of allowing marijuana sales in their community by referendum, although those currently hosting dispensaries will not have that option. Those hosting existing licensed cultivators or testing labs will be allowed to opt out, although those facilities will be grandfathered in.

The amended bill also adds a procedure for a community that opted out to revisit the issue in later years, and allows municipalities to ban cannabis use in public places by local ordinance.