FAQs – Medical Marijuana in Rhode Island
DISCLAIMER
This information is intended for educational purposes only. No reliance, expressed or implied, may be made on the information on this page or on any of its links. Any persons considering applying for a medical marijuana card in the State of Rhode Island should consult an attorney first. This webpage and its related links do not advocate that anyone violate state or federal law. Rhode Island Patient Advocacy Coalition is not responsible for any damages incurred as a result of your reliance on the educational information on this page.
FREQUENTLY ASKED QUESTIONS
Introduction
General Patient and Caregiver Information
* Planning Before Getting a Medical Marijuana Card
* Who is Eligible to Receive a Medical Marijuana License from the State of RI
* How to Become a Patient in Rhode Island
* What is a "Primary Caregiver?" What Protections are Caregivers Provided?
Legal Information
* Allowable Amounts of Marijuana for Patients under State Law
* Protections in the Law from State or Local Prosecution
* Potential for Federal Prosecution
* Being a Good Patient – Basic Precautions to Lessen your Criminal Liability
* What to Do if Police Stop you or Show up at your Door
* What to Do if Raided by State, Local, Federal Police - Know your Rights
* What Happens if you are Arrested
* Immediately after the Arrest
* State/Federal Penalties: Non-Medical Possession, Cultivation, Distribution
* The Court Process
* Asset Forfeiture
* Can I Use Medical Marijuana While on Probation?
* Housing Eviction
* Employment
* Confidentiality
* Driving or Traveling to Other States with Medical Marijuana
Information for Attorneys and Pro Se Defendants
* Brief Bank
Other Information including finding a Doctor, Lawyer, etc
* How Can I Find a Doctor or a Caregiver?
* How Can I Find a Lawyer
* Growing/Dispensing Collectives, Cooperatives, and Compassion Clubs
* Medical Marijuana Scholarship Program
* Reform at the State Level
* Solutions to the Illegality of Medical Marijuana under Federal Law
INTRODUCTION
Marijuana has been used by human beings for thousands of years for therapeutic and recreational purposes. Over the last 30 years, nearly every serious scientific study or government investigation has concluded that marijuana is a useful medication for treating a variety of illnesses. Over 60 U.S. and international health organizations have expressed some degree of support for medical marijuana, including the American Public Health Association, the American Medical Association, and the American Nurses Association. For more information on the medical efficacy of marijuana, see the following websites: NORML at http://norml.org/index.cfm?Group_ID=5441; and RIPAC at www.RIpatients.org.
Thirteen states (Alaska, California, Colorado, Hawaii, Maine, Michigan, Montana, Nevada, New Mexico, Oregon, Rhode Island, Vermont, and Washington) and the District of Columbia have approved medical marijuana programs either through citizen's ballot initiative or through the legislature. The District of Columbia's program never went into effect because Congress disallowed the District to implement the program.
Rhode Island’s Medical Marijuana Program (MMP) is the result of the Rhode Island General Assembly overriding the Governor’s veto of the Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act in 2006. It protects patients, caregivers, and physicians from any penalties resulting from the medical use of marijuana. For the full text of the act, see http://ripatients.org/text. Rhode Island has over 700 medical marijuana patients licensed through the state Department of Health.
However, there remain numerous inconsistencies and uncertainties concerning Rhode Island’s medical marijuana law. For example, the biggest issue is that medical marijuana remains illegal under federal law. Despite the protections for patients from state and local police, as discussed herein, medical marijuana patients remain subject to federal arrest and prosecution. It should be noted that federal prosecution is rare.
In addition, understanding of the medical marijuana law by state and local police varies throughout Rhode Island and police continue to harass medical marijuana patients on occasion. Other uncertainties under the state law include the rights of patients while on probation for a criminal offense, and the rights of patients to join together to form cooperatives or collectives. For these reasons, RIPAC supports efforts to clarify and strengthen Rhode Island’s medical marijuana law to better protect patients and their caregivers.
General Patient and Caregiver Information
PLANNING BEFORE GETTING A MEDICAL MARIJUANA CARD
Your decision to seek a medical marijuana card could subject you and those close to you to many potential legal problems as discussed below. Before obtaining a medical marijuana card, you should develop a relationship with an attorney who can advise you on your rights and responsibilities as a medical marijuana patient. You should maintain a relationship with an attorney throughout the time you are a medical marijuana patient so that you can quickly obtain help from that attorney if any problems arise.
As discussed in more detail below, you should also discuss this issue with anyone you live with before moving forward. Your activities as a medical marijuana patient may subject your friends and family to the risk of getting entangled in the criminal justice system, even if they have nothing to do with your medical marijuana activities. As you must understand, this is a very serious undertaking and extensive precautions discussed below should be taken at all stages of the process.
WHO IS ELIGIBLE TO RECEIVE A MEDICAL MARIJUANA LICENSE FROM THE STATE OF RHODE ISLAND?
Rhode Island law allows Rhode Island residents to obtain a MMP identification card if they have a "debilitating medical condition" for which a doctor provides a "written certification" that marijuana may alleviate that condition. Debilitating medical conditions under the law are: Cancer; Glaucoma, Hepatitis C, HIV, or treatment of any of these conditions. In addition, a doctor may recommend medical marijuana for other debilitating conditions if the condition produces one of the following conditions in the patient: Cachexia; Severe, debilitating, chronic pain; Severe nausea; Seizures, including those that are characteristic of epilepsy; or persistent muscle spasms, including those that are characteristic of multiple sclerosis or Chron’s Disease; or agitation of Alzheimer’s Disease.
Patients who would like to obtain a written certification for medical marijuana for a condition that is not explicitly covered by the state law should consult their doctor and attorney in advance of applying for a MMP identification card.
HOW TO BECOME A PATIENT IN RHODE ISLAND
Contact your regular physician to determine if your current doctor may be willing to discuss the utility of medical marijuana for alleviating your debilitating condition. Do some research before visiting your doctor and be prepared to point your doctor toward scientific evidence that medical marijuana may help your condition. At a minimum, be ready to explain how medical marijuana will relieve your condition. You should bring all relevant Medical Marijuana Application Forms which can be found at: http://ripatients.org/licensing/
You should also bring a copy of Rhode Island’s medical marijuana law which can be found at: http://ripatients.org/text
* If your doctor will not discuss this medicine with you, seek another doctor who will discuss the option with you. Contact RIPAC for information on doctors in your area who may be willing to discuss if medical marijuana is right for you.
* If a doctor agrees that you would benefit from medical marijuana, the doctor may fill out a state-issued recommendation form.
While doctors are prohibited under federal law from writing "prescriptions" for medical marijuana, at least one United States Court of Appeals (covering California, Washington, Oregon, Idaho, Nevada, Arizona, Alaska, Montana, and Hawaii) has ruled that doctors have a First Amendment right to "recommend" marijuana to patients. See Conant v. McCaffrey which can be read in full at: http://www.drugpolicy.org/docUploads/SJ_Order.pdf [PDF].
If your doctor is hesitant to recommend medical marijuana, you can reference this decision to help alleviate the doctor's concerns.
Obtain a doctor's recommendation, a signature on the “Physician Form” of the application form issued by the Rhode Island Department of Health, to obtain a medical marijuana license.
Contact:
Department of Health - Medical Marijuana Program
Office of Health Professions Regulation, Room 104
3 Capitol Hill, Providence, RI 02908-5097.
* As part of the application process, you may designate a "primary caregiver." A primary caregiver is someone with a significant responsibility for managing your well-being and is over 21 years of age. As discussed in more detail below, primary caregivers are protected under state law in order to help provide you with medical marijuana.
* Obtaining a Rhode Island medical marijuana card costs $75, or $10 if you are on Medicaid/SSI/SSDI.
* You will need to have your Medical Marijuana Card renewed and pay the fee every other year. You should also biannually see your doctor to keep your recommendation current.
* The Health Department will approve or deny your application within 30 days.
* If your application is approved, you will be issued a medical marijuana card and your name will be added to the confidential Rhode Island Medical Marijuana Program. Its records cannot be accessed by anyone other than law enforcement agencies for the sole purpose of verifying that you are a licensed medical marijuana cardholder.
* If a patient stops suffering from the debilitating medical condition due to being cured or otherwise, the medical marijuana card will no longer be valid.
For more detailed information on becoming a medical marijuana patient or caregiver in Rhode Island, see the Health Department's website at: http://www.health.ri.gov/hsr/mmp/index.php
or RI Patient Advocacy Coalition's website at http://www.ripatients.org/licensing.
WHAT IS A "PRIMARY CAREGIVER?" WHAT PROTECTIONS ARE PROVIDED FOR CAREGIVERS?
As noted, potential medical marijuana patients may, as part of their application for a medical marijuana card in Rhode Island, designate a "primary caregiver" who will have significant responsibility for managing the well-being of the patient using medical marijuana. Caregivers must be at least 21 years of age and not have a felony drug conviction, but there is no requirement that caregivers have specific medical training or background. Therefore, any person who has significant responsibility for managing the well-being of a patient can be a caregiver.
Caregivers can be designated on the initial application by the patient for a medical marijuana license.
Caregivers are entitled to manufacture or possess medical marijuana in order to provide that medicine to the patient. After approval by the Department of Health, both the patient and the primary caregiver should be protected from state or local prosecution for possession or cultivation of marijuana that is used solely for the medical purposes within the state guidelines for allowable quantities. However, as discussed below, caregivers and patients remain subject to potential federal prosecution despite the state law allowing for medical marijuana use in Rhode Island.
Currently, the Rhode Island law states that no person may have more than two caregivers, and no caregiver can have more than 24 mature plants, 12 seedlings, and 5 ounces of usable medicine, regardless of the number of patients he has.
Legal Information
ALLOWABLE AMOUNTS OF MARIJUANA FOR PATIENTS AND CAREGIVERS UNDER STATE LAW
Rhode Island law authorizes a patient who has been issued a MMP identification card, or that patient's primary caregiver who has been identified on the patient's MMP identification card, to possess:
(a) No more than two and a half (2.5) ounces of a usable form of marijuana; and
(b) No more than twelve (12) mature marijuana plants (readily observable buds).
(c) No more than twelve (12) immature marijuana plants (no readily observable buds).
PROTECTIONS IN THE LAW FROM STATE OR LOCAL PROSECUTION
General Exemption from Criminal Prosecution
Rhode Island law provides an exemption from state and local criminal prosecution for patients or caregivers with a MMP identification card, as long as the patients and caregivers remain within the limits for quantity of marijuana under the state law as discussed above.
POTENTIAL FOR FEDERAL PROSECUTION
Despite the protections under state law, licensed Rhode Island medical marijuana patients remain subject to potential federal prosecution. There have been several documented cases of federal prosecution in medical marijuana states such as California. To date, medical marijuana patients have attempted numerous tactics to avoid federal prosecution without success in the Courts. In the recent case of Raich v. Gonzales, the US Supreme Court decided that the federal Controlled Substances Act supersedes all state medical marijuana laws, meaning patients licensed under state medical marijuana laws can be prosecuted by the federal government.
However, the Supreme Court has never decided if there might still be a medical necessity defense for individual patients possessing marijuana for medical purposes. Any patient prosecuted by the federal government should discuss using this defense with his/her attorney.
Patients should note that the Drug Enforcement Agency has repeatedly said that it has no intention of seeking out and prosecuting individual medical marijuana patients who possess or cultivate small amounts of marijuana. Rhode Island lawyers generally agree the DEA has an informal policy of not getting involved in cases involving less than 100 plants. Despite this informal policy, federal prosecution remains a possibility for all medical marijuana patients in Rhode Island.
It should also be noted that only 1% of the approximate 750,000 annual marijuana prosecutions nationwide come from federal agencies. Therefore, if you are a licensed medical marijuana patient under Rhode Island state law, your chances of being prosecuted by the federal government remain low.
BEING A GOOD PATIENT – BASIC PRECAUTIONS TO LESSEN YOUR CRIMINAL LIABILITY
* The most likely reason you might ever be raided is that a neighbor or friend turns you in to police. For this reason, it is important to maintain cordial relationships with neighbors and friends if possible. The best policy is to tell as few people as possible what you are doing. The fewer people who know, the fewer people who can turn you in if your relationship goes sour.
* Refrain from any non-medical cultivation or distribution of marijuana. Another common way to draw law enforcement attention is by subsidizing your medical marijuana operation with the sale of marijuana to people for recreational purposes. This activity is illegal and makes it more likely that someone you sell it to may end up giving your name to the police to avoid, or lessen, criminal liability for themselves.
* Be discreet. It is probably best to have your indoor garden in a location in your house that is not visible from the outside or to guests who visit your house. You should consider venting your garden room in such a way to avoid strong marijuana smells inside or outside the house.
* Stay within the plant and loose marijuana limits set by the state law.
* Travel safely. Do not smoke and drive or have marijuana visible in your automobile. If you travel with marijuana, keep the marijuana concealed, preferably in your trunk.
* Promptly discard old plant material to avoid having police claim it is evidence of a larger operation. Throw excess plant debris in a dark trash bag and place it in a public dumpster. Do not put other trash—such as receipts or mail—which may indicate your identity in the same bag.
* Keep all medicine in containers clearly labeled, "MARIJUANA FOR MEDICAL USE ONLY UNDER RHODE ISLAND LAW." Labeling the marijuana also helps to inform police that your marijuana is for medical use if the police raid your home when you are not there.
* At the entrance to your garden, post a copy of your Rhode Island medical marijuana card and a copy of the state law to inform police who may be uneducated about the law that you are legally entitled to this medicine.
* Store the marijuana in as few containers as possible, to avoid having the police claim you were trying to sell or distribute the medicine.
* If you are a renter, you should seriously consider whether or not to tell your landlord what you are doing. While medical marijuana is legal under state law, it remains illegal under federal law. Thus, while your landlord may not have any concern about liability under state law, federal prosecution or asset seizure may remain a possibility. In laypersons terms, a landlord can only be held responsible for the illegal activity of his/her tenants if the landlord knew, or should have known with reasonable investigation, that the tenant was engaged in illegal activity. For this reason, in order to minimize the liability to the landlord, you may want to consider not telling the landlord and keeping your garden in a crawl space or other room not normally inspected by the landlord. So long as the landlord had no reason to know what you were doing, it is unlikely that the landlord could ever be subject to prosecution. You should also consider making sure that your landlord will always provide you with 24 to 48 hours notice before entering the dwelling. Most residential leases do not automatically include such a provision. Therefore, you will need to write such a provision into your lease and make clear to your landlord that you want advance notice in order to protect your privacy. The advance notice may provide you an opportunity to hide or remove your medical marijuana to maintain your privacy.
* Consider carefully who you invite to your house for routine maintenance. For example, appliance repair people, telephone or internet service people, and insect control people may observe or smell your garden and turn you in to the police. Consider doing as many of these things yourself, or through a trusted friend, rather than taking the chance of drawing attention to your activities.
* Don't flaunt it. Even though you are a licensed medical marijuana patient, Rhode Island law still prohibits public use. Public use at hemp rallies or other public events may make it more likely that law enforcement investigates your activity.
* Don't allow friends or fellow patients to loiter around your house. Domestic disputes and loud music can increase the chances of law enforcement investigation.
* Do not keep medical marijuana or paraphernalia in plain or open view through windows. If marijuana is in plain view, police will not need a search warrant to come to your door and arrest you and search the house.
WHAT TO DO WHEN POLICE STOP YOU OR SHOW UP AT YOUR DOOR.
1. Dealing with the Police can be stressful. Remain calm and remember to assert your rights.
2. If the police say "Do you mind if I look in your home, car, purse, or bag?"
* You should say "I do not consent to a search."
* If they continue to ask, you should continue to say "I do not consent to a search."
* If they ask "Why not, do you have something to hide?"
* You should say "I have a Constitutional right to privacy. I do not consent to a search."
WHAT TO DO IF YOU ARE RAIDED BY STATE, LOCAL, OR FEDERAL POLICE - KNOW YOUR RIGHTS
* First, make sure the police have a warrant to search your home or apartment. If the police do not have a warrant, do NOT give them consent to search your house. If they present you with a warrant, make sure the warrant is accurate - check to make sure your name and address are correct and that the warrant has been signed by a judge. If the warrant is inaccurate, any evidence the police obtain may be inadmissible in court. Even if the warrant is valid, you may still continue to say, "I do not consent to this search." The police may insist on searching anyway. However, never physically resist a police officer, you may be charged with additional crimes by doing so.
* State law requires you to provide your name and identification if asked to do so by state or local police.
* However, you do not have to voluntarily engage in a long discussion or interrogation with the police before you are charged with a crime. If the police ask you to voluntarily talk to them about your possible marijuana use or cultivation, ask them if you have been charged with a crime. If you have not, politely tell them you do not want to talk to them without the presence of an attorney. Say, "I assert my right to remain silent."
* If you have been charged with a crime, such as possession or cultivation of marijuana, say, "I am a medical marijuana patient licensed under state law to possess, cultivate, and consume the marijuana in my possession." You may also show them your medical marijuana card from the state of Rhode Island.
* You do not need to say anything else to police. If the police persist in asking you questions, ASSERT YOUR 5TH AMENDMENT RIGHT TO REMAIN SILENT. Do not voluntarily talk with the police about this issue once you have been charged with a crime because anything you say can and will be used against you in court.
* You should also post a copy of your medical marijuana card and a copy of the state law at the entrance of your garden to show police that you are a medical marijuana patient if they raid your home when you are not home.
* Similarly, you should advise any roommates to do the same things as explained above. You should be aware that non-medical marijuana patients may be at risk of being arrested by simply being present in your home during an arrest. Police rarely take time to figure out who is the "owner" of any medical marijuana, and police will often just arrest everyone present in the house for marijuana possession and/or cultivation. This means you should advise any non-medical marijuana patients or caregivers who live with you that they are risking arrest.
For more information on your rights, see the KNOW YOUR RIGHTS information on the following websites:
NORML's Know Your Rights Page: http://norml.org/index.cfm?Group_ID=3405
National Lawyers Guild's Page: http://www.nlg.org/resources/know_your_rights.htm
ACLU's Know Your Rights Page: http://www.aclu.org/Files/OpenFile.cfm?id=10042
Midnight Special Law Collective: http://www.midnightspecial.net
CCSA's Emergency Response Handbook: Responding to a DEA Raid: http://sensiblecolorado.org/docs/CCSA_dea_raid.pdf
WHAT HAPPENS IF YOU ARE ARRESTED
If you are arrested and taken to jail, you will likely need help from friends or family to get out of jail. You may want to consider preparing for this by memorizing or keeping handy the phone number of a trusted individual who you can call at any time to get help if you are arrested.
Once you get to jail, you will be booked and charged with whatever crime the police believe you committed. Once you have been arrested and charged, if you were arrested by state or local police, you should again assert that you are a licensed state medical marijuana patient. You should request that they keep your medicine alive as required by state law pending the resolution of the case. Beyond this, you should again refuse to talk with police voluntarily. You should not talk with police until you have had an opportunity to discuss the case with an attorney.
If you are arrested by federal agents, you should not discuss your status as a medical marijuana patient or engage in any voluntary dialogue with federal agents before talking with an attorney. No matter how rude it may feel, you must continue to say, "I assert my right to remain silent."
In order to get out of jail, you will need to post a bond. The bond may be as little as $500 for simple possession, or could be tens of thousands of dollars if you are charged with a serious marijuana crime. You can post bond by having your trusted friend get cash or a money order for the full amount of the bond. If you pay the full bond, and if you participate in all required court proceedings and hearings, you will get the full bond back at the resolution of the case (whether that is a dismissal, a conviction, or an acquittal).
If you cannot afford bond, you can post "bail" through a bail bondsman. A bail bondsman is someone who will pay your entire bond if you pay him/her around 10% of the bond. If you use a bail bondsman to post your bond for you, you will never get the 10% fee back. The bail bondsman keeps that money as profit.
If you cannot afford bail or bond, you will be allowed to have a bond hearing in front of a judge, usually within 24 hours of your arrest. If possible, have an attorney come and represent you at that bond hearing. At the bond hearing, you can ask the judge to reduce your bond to a level you can afford to pay. In addition, you can request the judge to release you on your own "personal recognizance," which means you will be released without having to post any bond or bail. A "personal recognizance" bond is usually only authorized in minor cases where the accused has little or no criminal history. However, the judge is not required to release you on a personal recognizance bond. If you cannot post bond or bail, and you are not released on a personal recognizance bond, you will have to stay in jail until the matter is resolved in the Court system.
If you do not have money to hire an attorney, in most drug cases where there is a possibility of a jail sentence, you will be entitled to have the Court appoint an attorney to you at no cost. Court appointed attorneys are called Public Defenders, and generally they provide good representation. However, because Public Defenders are generally overworked, it is usually preferable to hire a private attorney if you have the money so that the private attorney can devote a significant amount of time to your case.
RIPAC can provide referrals to criminal defense attorneys who specialize in defending patients under Rhode Island’s medical marijuana law. In addition, you can contact the Rhode Island Criminal Defense Bar at www.riacdl.org for a list of criminal defense attorneys in your area.
IMMEDIATELY AFTER THE ARREST
As soon as possible after the arrest, you should arrange for legal representation if possible. If there is the possibility of jail time for the crime charged, you will be entitled to be appointed a Public Defender. You may also hire a private attorney to handle your case.
After hiring an attorney, make a list of all the items that were seized by police during the raid of your house. In addition, for your lawyer's benefit, you should write a detailed description of what happened during the raid, addressing the following issues: (1) Did the police have a warrant? Did they show it to you? (2) Did anyone in the premise consent to the search? (3) Did anyone voluntarily speak with police? and (4) What did the police say about why you were being arrested? Provide as much detail as possible, including descriptions of any abusive or racist language used by police, any physical force used by police, and other details that stand out in your memory.
You may also want to consider filing a complaint against the police through the internal affairs department of the arresting agency. Your complaint would essentially be that the police violated state law because you are a medical marijuana patient and medical marijuana is permitted under Rhode Island law. Some police agencies have citizen's oversight commissions that hear complaints about police conduct. Make sure to carefully follow the proper procedures when making a complaint to make sure it is considered by the appropriate reviewing agency. If possible, consult with an attorney before taking this action.
STATE AND FEDERAL PENALTIES FOR NON-MEDICAL POSSESSION CULTIVATION OR DISTRIBUTION OF MARIJUANA
As noted, marijuana use, possession, cultivation, or distribution for non-medical purposes is illegal under state and federal law. Depending on the quantity of marijuana possessed, penalties at the state and federal level range from minimal penalties for simple possession under state law (usually a fine and community service) to multiple years in prison. In general, the state penalties are less severe. However, under both state and federal law, cultivation of only one (1) plant is classified as a serious criminal offense, called a felony. A felony conviction can have serious consequences on people's lives, including the denial of voting rights, denial of access to public benefits like food stamps, suspension of driver's licenses, and limitations on work options. In addition, any marijuana conviction will result in convicted parties being ineligible for federal student loans.
You should also note that state and federal law may significantly increase the potential punishment for any drug offenses in close proximity to schools or any drug offenses where the accused also possesses a gun. If you want to possess or cultivate medical marijuana, you should seriously consider these potential penalties before proceeding.
For details on Rhode Island’s marijuana sentencing laws for non-medical possession, see NORML's informative webpage at http://norml.org/index.cfm?wtm_view=&Group;_ID=4562
For details on the federal sentencing guidelines for marijuana offenses, see http://www.pbs.org/wgbh/pages/frontline/shows/dope/laws/feds.html
THE COURT PROCESS
DISCLAIMER: The discussion of the Court Process in this section is strictly a discussion of the state court process. While the federal court process is similar, it is not always identical. Discuss the federal legal system with a qualified attorney if you are charged under federal law.
A. Arraignment
When you are released from jail, the Court will set an arraignment date. An arraignment is a hearing where the Court explains the formal charges against you and explains your rights to be represented by an attorney. If you have an attorney by that time, the attorney will attend, and you will normally enter a plea of guilty or not guilty. In medical marijuana cases, it is normally advisable to plead not guilty and request a jury trial in order to preserve these rights for later.
If you do not have an attorney at the first arraignment date, you may want to request a continuance to give you more time to obtain the help of an attorney. If possible, do not enter a plea without first consulting an attorney. If the judge insists that you enter a plea at that first arraignment, it is usually best to enter a plea of not guilty and request a jury trial.
Finally, at the arraignment, you or your attorney should also request a pre-trial conference with the District Attorney's office to discuss the case.
B. Pre-trial Conference
A pre-trial conference is an opportunity to explain your case in detail to the District Attorney's Office. The District Attorney's office has the power to dismiss the case "in the interests of justice." You and your attorney should prepare for the pre-trial conference by making copies of your medical marijuana card and copies of the state law. Assuming your activities were within the limits allowed by the state law, the District Attorney should agree to dismiss the case.
A pre-trial conference is also an opportunity to explain why the police search may have been illegal. For example if the warrant was invalid, or the police had no reasonable suspicion to suspect that you were engaging in illegal activity, all the evidence obtained by the police in the raid may be inadmissible in Court. If the search was illegal, you may consider asking the Court to suppress the evidence. The Court may grant a hearing on this issue alone, called a motions hearing, to determine if the search was proper.
Depending on the facts of the case, the District Attorney may also offer you a plea bargain during the pre-trial conference. For example, if you were initially charged with the most serious type of crime called a felony, the District Attorney may offer to reduce that charge to a less serious crime called a misdemeanor. Consult with your attorney to determine if accepting a plea bargain is in your best interest. In some cases, such as where a patient may have had more plants or loose marijuana than allowed by state law, it may be wise to accept a plea bargain to avoid the possibility of a more serious penalty at trial. Plea bargains must be approved by the Court at a future court date.
C. Trial
If your case is not dismissed by the District Attorney, or if you do not accept a plea bargain, you have the right to go to trial. If you are a legitimate medical marijuana patient, you should discuss with your attorney the possibility of using the trial process to draw media attention to your case. Media attention and public outcry may convince the District Attorney to drop the case before trial.
At trial you have the right to testify, but the burden is on the state to prove that you violated the law. You do not have to testify. You have the right to present witnesses, including medical experts, to show that you are a legitimate medical marijuana patient. The case may be tried in front of a judge or jury, depending on the severity of the charges (only crimes that entail a possibility of over one year in jail entitle you to a jury trial). A trial ends with a verdict of guilty, not guilty, or a hung jury. If you get a hung jury, the District Attorney could decide to re-try the case.
The Judge is responsible for imposing a sentence if you are found guilty. Before sentencing, you or your attorney will have another chance to make a plea for leniency based on the fact you are a medical marijuana patient. This presents an opportunity to pack the courthouse with sympathetic people and media to raise awareness of the issue.
ASSET FORFEITURE
As a general matter, if you are a properly licensed medical marijuana patient or caregiver under Rhode Island law, your property should not be subject to seizure and forfeiture by state or local police. In addition, your landlord's property should also not be subject to seizure or forfeiture by state or local police because the landlord is not sanctioning or assisting an illegal activity under state law. However, as noted above, it is possible that you or your landlord could remain subject to asset forfeiture from the federal government because any use of marijuana remains illegal under federal law. Before deciding to start a medical marijuana garden in a home you own or rent, you should consult an attorney to determine the potential risk of such activity.
For a general explanation of asset forfeiture laws under federal and state law, see the Drug Policy Foundation's report at http://www.drugpolicy.org/docUploads/Asset_Forfeiture_Briefing.pdf
HOUSING EVICTION
Landlords may attempt to evict licensed medical marijuana patients from their rental homes or apartments based on growing or possessing medical marijuana even though such activities are legal under state law. In addition, local city attorneys have the power to attempt to coerce landlords to evict medical marijuana patients based on a theory that such activities create a public nuisance. Under federal law, ANY marijuana use in federally subsidized housing is prohibited. Patients with questions or concerns about housing issues should contact one of the attorneys listed on this website.
As discussed above, you will need to decide whether or not to be honest with your landlord about your activities. If you decide not to tell your landlord, you should consider making sure that your landlord will always provide you with at least 24 to 48 hours notice before entering your rented premise. Most residential leases do not automatically include such a provision. Therefore, you will need to write such a provision into your lease and make clear to your landlord that you want advance notice to protect your privacy.
Patients experiencing the threat of eviction should consult with an attorney and RIPAC to determine the appropriate course of action. Under Rhode Island law, landlords cannot discriminate against patients solely for their use of medical marijuana.
EMPLOYMENT
Under Rhode Island law, employers cannot discriminate against patients because they use medical marijuana. However, this does not mean that they are required to let patients medicate at work. Also, schools are not allowed to discriminate against medical marijuana patients.
CONFIDENTIALITY
Rhode Island's current confidentiality protocols are as follows:
Applications and supporting information submitted by qualifying patients, including information regarding their primary caregivers and practitioners, are confidential and protected under the federal Health Insurance Portability and Accountability Act of 1996.
The DOH shall maintain a confidential list of the persons to whom they have issued registry ID cards and shall notify local and state law enforcement of the number of qualified patients in any given city or town. Individual names and other identifying information on the list shall be confidential, exempt from the provisions of Rhode Island Access to Public Information, chapter 2 of title 38, and not subject to disclosure, except to authorized employees of the DOH as necessary to perform official duties of the DOH.
The DOH shall verify to law enforcement personnel whether a registry ID card is valid solely by confirming the random registry identification number. It shall be a crime, punishable by up to one hundred eighty (180) days in jail and a one thousand dollar ($1,000) fine, for any person, including an employee or official of the DOH or another state agency or local government, to breach the confidentiality of information obtained pursuant to this chapter. Notwithstanding this provision, DOH employees may notify law enforcement about falsified or fraudulent information submitted to the DOH.
DRIVING OR TRAVELING TO OTHER STATES WITH MEDICAL MARIJUANA
Currently, Rhode Island’s medical marijuana cards are only recognized as valid in Rhode Island and Montana. In all other states, including other states that have medical marijuana programs such as California, a person in possession of a Rhode Island medical marijuana card will not get any protections from criminal prosecution. In addition, patients should be cautious if driving between states because there are no protections for patients licensed under Rhode Island state law while traveling through other states.
In addition, there are no protections for medical marijuana patients flying on commercial airplanes. Federal agents can and will seize medical marijuana and arrest the patient attempting to board a plane if they find the patient's medicine. Moreover, there are no protections for patients flying internationally. Most international airports have drug dogs that can locate medical marijuana in bags.
Information for Attorneys and Pro Se Defendants
RIPAC provides the following legal briefs and motions for educational purposes only. Parties must consult with an attorney or RIPAC before attempting to use these briefs in their cases. The following briefs and motions are intended to be used by criminal defense attorneys to help defend medical marijuana patients. RIPAC provides no guarantees that the following briefs and motions will be successful in any individual case. Every case is different and patients and their attorneys are strongly encouraged to individualize the following briefs or motions before submitting them to the Court.
1. Motion to Dismiss Marijuana Charges
http://ripatients.org/cms/uploads/Briefbank/RImotion_to_dismiss.pdf
http://ripatients.org/cms/uploads/Briefbank/RImotion_to_dismiss.doc
2. Motion to Suppress
http://ripatients.org/cms/uploads/Briefbank/RImotion_to_suppress.pdf
http://ripatients.org/cms/uploads/Briefbank/RImotion_to_suppress.doc
3. Motion to Clarify Probation Rights
http://ripatients.org/cms/uploads/Briefbank/RImotion_to_clarify.pdf
http://ripatients.org/cms/uploads/Briefbank/RImotion_to_clarify.doc
4. Jury Instructions
http://ripatients.org/cms/uploads/Briefbank/jury_instruction.pdf
http://ripatients.org/cms/uploads/Briefbank/jury_instruction.doc
Attention: If any lawyer conversant with Rhode Island law would like to help RIPAC construct a brief requiring the return of seized medical marijuana or the sanction of law enforcement officials in response to the neglect, harm, or destruction of property connected with the medical use of marijuana, please visit ripatients.org/contact and tell us so.
Other Information including finding a Doctor, Lawyer, etc.
HOW CAN I FIND A DOCTOR OR A CAREGIVER?
Finding a doctor is the first and most important step in becoming a legal medical marijuana patient. RIPAC feels the safest and most responsible thing to do is to talk with your current doctor about medical marijuana. You should consider approaching your doctor in the following manner.
1. Explain to the doctor your condition and that you qualify for medical marijuana under state law. Tell your doctor that you are suffering from one of the illnesses or symptoms that allow you access to medical marijuana in Rhode Island.
2. Tell your doctor about your experiences using conventional medicine (not marijuana) and how those medicines did not help. Tell the doctor (if appropriate) that you have used marijuana before and it has helped with your condition.
3. Present your doctor with a copy of Rhode Island’s medical marijuana law.
4. Ask your doctor to write you a recommendation for medical marijuana.
5. If you have further questions or would like more information about medical marijuana and your illness please contact RIPAC.
RIPAC cannot provide referrals at this time to doctors or caregivers. However, as noted in the section on caregivers above, there are no special requirements to become a caregiver other than having significant responsibility for managing the patient's well-being. In the future, RIPAC hopes to provide links to information about Rhode Island caregivers and doctors willing to discuss your options for obtaining and using medical marijuana.
HOW CAN I FIND A LAWYER?
Contact the Rhode Island Bar Association’s Lawyer Referral Service, Monday through Friday, 9:00 a.m. to 5:00 p.m. by telephone at: 401-421-7799. You can contact the RI Public Defender at www.ripd.org or [email protected] or 401-222-3492. You can also contact the RI Association of Criminal Defense Lawyers at http://riacdl.org/contact/default.aspx.
GROWING/DISPENSING COLLECTIVES, COOPERATIVES, AND COMPASSION CLUBS
Rhode Island law does not explicitly address the issue of patients and caregivers joining together to form cannabis collectives or cooperatives to more effectively grow and dispense medicine to patients. The sale or distribution of marijuana remains illegal under state and federal law, even for strictly medical purposes.
In U.S. v. Oakland Cannabis Buyers' Cooperative, the federal government challenged the ability of medical marijuana distribution centers to provide patients with marijuana. In 1999, the Ninth U.S. Circuit Court of Appeals ruled 3-0 that "medical necessity" is a valid defense against federal marijuana distribution charges if a distributor can prove that the patients it serves are seriously ill, face imminent harm without marijuana, and have no effective legal alternatives. In 2001, the US Supreme Court overturned the 9th Circuit and held there is no medical necessity defense for marijuana manufacture and distribution. However, as noted, the Supreme Court did not decide if there might still be a medical necessity defense for individual patients possessing marijuana for medical purposes.
Parties interested in starting a medical marijuana cooperative/collective should consult with an attorney or RIPAC for more information. There are numerous legal pitfalls that make such an endeavor ripe with problems. Carelessly starting a medical marijuana cooperative/collective could subject the operators of such an establishment to serious state and federal felony prosecution, regardless of whether the operators are licensed medical marijuana patients.
MEDICAL MARIJUANA SCHOLARSHIP PROGRAM
The Marijuana Policy Project has a financial assistance program to help low-income patients apply for medical marijuana ID cards. See http://ripatients.org/licensing/financial-assistance/ for details.
SOLUTIONS TO THE ILLEGALITY OF MEDICAL MARIJUANA UNDER FEDERAL LAW
The best solution to end the conflict between federal and state medical marijuana laws would be for Congress to change federal law to allow states to legalize the medical use of marijuana free from federal prosecution. To date, all such legislative efforts have been unsuccessful.
For several years, Congress has been considering the Hinchey-Rohrabacher Amendment, which would order the DEA to stop arresting and imprisoning state licensed medical marijuana patients. You should consider contacting your local US Congressperson to share your views on this issue.
Another option would be for the federal government to reschedule marijuana to something lower than a Schedule I drug. A Schedule I drug is a drug defined as having a high potential for abuse or addiction and no known medical value. Doctors cannot prescribe Schedule I drugs. Medical marijuana is the exact opposite of a Schedule I drug: it is rarely addictive and has many medical uses. However, the federal government has resisted rescheduling marijuana for years. US Representatives Barney Frank and Cynthia McKinney have introduced a bill to reschedule marijuana to Schedule II to allow it to be prescribed by doctors. You could consider calling your US Congressperson and expressing your position on marijuana rescheduling.
This page is adapted from [sensiblecolorado.org] Sensible Colorado.