Court Says Marijuana Grow Operation OK for Wakefield Downtown

SOUTH KINGSTOWN, RI — Jordan Carlson is a medical marijuana patient, according to Superior Court papers. He was renting a commercial property, the former Campus Cinema ay 17 Columbia St., Wakefield, to grow his plants.

In March 2014, firefighters responded to an alarm in the building and discovered the pot plants. Police investigated, Carlson showed them his medical marijuana license. But ultimately, the building inspector sent the property owner a notice of violation, ordering an end to the marijuana in 15 days.

Carlson appealed and lost before the local zoning board, which upheld the inspector's opinion the grow involved manufacturing of agricultural products.

But last week, Associate Justice Bennett Gallo overturned the zoning board and accused it of using "tortured reasoning."

According to the police report in 2014, the officer saw 15 plants, small to medium size, inside the cinema but no other plants or seedlings. However, the report also noted a "large number of unused high powered halogen lights were observed still in their shipping boxes along with other grow equipment that was not necessary for this grow site."

The court was swayed by Carlson's argument "there was no evidence presented to the Zoning Board of any manufacturing of marijuana taking place on the Property. Carlson notes that the Building Official testified that he had not been inside the building and was simply assuming that manufacturing took place there."

Here is the full decision.