Raimondo Files Lawsuit Over Regulation Of Marijuana

PROVIDENCE, RI — Governor Gina Raimondo filed a lawsuit on Tuesday that calls an article of the state's 2020 fiscal year budget unconstitutional. If the court issues a declaration in her favor, marijuana and hemp regulations will no longer require legislative approval.

In the suit, Raimondo said the requirement for legislative approval violates the separation of powers guaranteed by the constitution, since the General Assembly gave itself the power to veto regulations from the executive branch when it comes to marijuana and hemp products.

"Medical marijuana is a new and growing industry, and we have a responsibility to regulate it in a way that’s open, transparent, and fair for businesses and consumers," Raimondo said. "We can’t go back to the old way of doing things, when business decisions were made through inside deals and behind-the-scenes influence. This is a clear violation of Separation of Powers, and we’re asking the Court to intervene."

The lawsuit acknowledges that, under current law, each regulation must come with a "comprehensive" explanation, including input from the public. The executive agencies must also prove that regulations are as cost-effective and efficient as possible. The legislature's Article 15, Raimondo argued, has no requirement for explanation, public comment or analysis.

Common Cause Rhode Island, a nonpartisan organization that promotes "open, ethical, accountable, effective government" praised the governor's decision to challenge the article.

"Common Cause Rhode Island is pleased to see that Governor Raimondo has filed suit seeking to overturn the unconstitutional legislative veto enacted by the General Assembly," said John Marion, the group's executive director. "Rhode Islanders waited more than two centuries for there to be separation of powers in our constitution and protecting that historic reform is of paramount importance. We thank Governor Raimondo for taking decisive action to defend separation of powers."

In 2004, a constitutional amendment was approved by Rhode Island voters that required the separation of powers in government, limiting the otherwise unchecked power of the General Assembly. The amendment was approved with 78 percent of the vote, which is the highest margin for a constitutional amendment in the history of the state.