A majority of Rhode Islanders appear to be fed up with the current marijuana prohibition. Of the 714 voters polled, 52% would like to see all penalties for personal possession and use of marijuana removed and marijuana treated in a manner similar to alcohol, where it would be taxed, regulated, and sold in state-licensed stores to adults over the age of 21. Perhaps somewhat surprisingly, the idea received bipartisan support and was backed by 55% of Democrats and 54% of Republicans. Legislation spearheaded by MPP to establish such a system will be introduced in Rhode Island this session.

When Mason-Dixon Polling and Research asked the exact same question in 2008, only 41% of 625 voters surveyed supported regulated legalization of marijuana. That’s an increase of 11 percentage points among all voters in less than three years. The ’08 poll showed majority support among Democrats (52%) but strong opposition among Republican voters, with only 26% supporting and 66% opposing the idea just 33 months ago. This means we’ve seen support more than double among Rhode Island Republicans. So what’s going on here?

Although it may seem odd at first, I’ve long argued that replacing the marijuana prohibition with a legalized and regulated marijuana market is an issue perfectly teed up for true conservatives. Ending the marijuana prohibition, and to a greater extent the “War on Drugs,” would massively decrease the size and scope of the federal government and restore police power to the states. Massive federal programs that consume enormous amounts of tax dollars while failing to reduce use and abuse of marijuana would be dismantled, and the oft complained of “nanny state” – the government telling responsible adult citizens what they can and cannot do – would be whittled away at. But can this enormous increase in support for a regulated marijuana market among Rhode Island Republicans be attributed solely to the respondents tapping into their true conservative cores?

While the questions posed to voters were identical in 2008 and 2012, the polls were conducted by different firms. To see if this could be responsible for some of the increase, I reached out to Tom Jensen at Public Policy Polling to get his take. “Automated polls [like the one conducted by PPP] tend to get more honest responses from people about sensitive issues than live interview [polls] like Mason-Dixon conducts. People might not be comfortable telling another human on the line that they think marijuana use should be legal, but they’re fine with pushing a button to express that same opinion.” So there is an argument that some of the increase in support was actually there all along, but it was quiet support. This kind of support may be stifled in part by voters’ reluctance to tell a live human being that they support something that could be perceived as taboo.

But I don’t think the live vs. automated distinction can account for the entire increase, and neither does Mr. Jensen. “I think with the tough economy and all the hard cuts state governments across the country have had to make over the last few years, voters are open to new ways to generate revenue, like legalizing and regulating marijuana use, in a way that they might not have been in more prosperous times.” Faced with the current economy, the typical American voter is given two options: cut popular and necessary programs or raise taxes. Neither of these options seems politically popular for members of either major party. So it shouldn’t be surprising to see people from both sides of the political spectrum supporting a proposal that would raise an untold amount of revenue while keeping intact support for current programs and not raising personal income taxes.

Regardless of the reasoning, it is clear that support for regulated legalization of marijuana is increasing and increasing fast. And this phenomenon is not limited to just Rhode Island.

In October of 2011, Gallup conducted their semi-annual “Do you think the use of marijuana should be made legal, or not?” poll. They have been polling the American public on this question, off and on, since 1969. It is important to note that Gallup does not ask about a regulated market, just if marijuana should be legal. It’s also important to keep in mind that Gallup’s results are based on telephone interviews, so if Tom Jensen is correct, we’d expect that the actual support among the public is some degree higher than the results show. With that in mind, it’s incredibly telling that for the first time since 1969, Gallup found that 50% of the American public agrees that marijuana should be legal while 46% think it should remain illegal. Additionally, plurality support for a regulated and legalized market is found in both Colorado and Washington; both states will be voting on ballot measures asking if marijuana should be legalized and regulated come November.

Whatever the reasons may be, the public at large – and Rhode Island voters in particular – have come around to the idea of regulated legalization of marijuana, and why shouldn’t they? Marijuana is demonstrably safer than alcohol and tobacco – both of which are legal yet regulated. Responsible marijuana legalization and regulation will create entire industries worth of jobs, allow federal and state governments to collected needed revenue from responsible sales, and keep marijuana out of the hands of minors through thorough regulations. We’ve got the public behind us, it’s time the lawmakers open their eyes.

(NOTE: PPP also polled Rhode Island voter attitudes toward Rhode Island’s medical marijuana program and a proposal to decriminalize possession of up to an ounce of marijuana by replacing the criminal penalty with a civil citation. Both of these enjoyed very strong support. Click here for full poll results.)

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This whole thing started over two years ago when the General Assembly passed legislation creating compassion centers in Rhode Island. Since then Maine, Vermont, Delaware, Arizona, and New Jersey have all enacted laws allowing for regulated dispensing of medical marijuana. As you may recall, after passage of these laws – or during debate of them – the DOJ through several United States Attorneys fired off scary sounding letters to state officials claiming that they’ll bust up people acting in compliance with these compassionate and popular state laws. A funny thing happened though, all of these states, with the exception of Rhode Island, have moved forward with giving patients the humane option of safe access despite the fact that the laws irk officials in DC.

And now we have the actions of one Gov. Lincoln Chafee. A man who claims to understand that patients need safe access yet steadfastly refuses to allow them that access. A man who refused to hand a confessed killer over to the feds to face the death penalty because it was against Rhode Island’s public policy while at the same time ignoring another public policy decision of the state to allow safe access to medical marijuana because the feds asked him to!

At this point, I’m not sure what to make of all this and what it means for patients in Rhode Island. I do know that it’s outrageous, disappointing and downright mean-spirited. I also know that this is sure to be the beginning of a discussion, not the end.

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Christie had left the program in limbo while he determined how to allow dispensaries and not attract attention from the federal government. This behavior has been mirrored in other states in response to letters from U.S. Attorneys intimating that they would no longer look the other way for anyone other than patients and individual caregivers, exposing the booming medical marijuana industry to serious risk. But Christie, himself a former U.S. Attorney, said that when he occupied that role, he would not have gone after dispensaries, as they are permitted in New Jersey’s medical marijuana law. This, and the fact that the program is perhaps the strictest and narrowest in the country, led him to believe that neither the state nor the dispensaries would face federal prosecution.

The governor did not consult with the current federal attorney for New Jersey, but does not think the department will waste it’s resources prosecuting state-approved, non-profit medical marijuana providers. Let’s hope he is correct.

Gov. Christie

It is very heartening to see state leaders moving ahead with permitting and regulating the medical marijuana industry so that patients will not be forced to purchase their medicine from the illicit market. So far, the Department of Justice has been fairly decent about respecting state law with regard to dispensaries as long as those states have clear regulations for the industry. Other states, particularly Rhode Island, should not fear federal interference for implementing regulated dispensary systems.

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This unfortunate situation lends itself to serious contemplation of our current draconian marijuana laws. In Connecticut, as well as in Rhode Island, the possession of even a small amount of marijuana is considered a crime. Criminal convictions haunt individuals as a mark on their records, even if jail time is avoided. Many people will have a difficult time obtaining gainful employment, college admission or loans, and housing because of their record. Are these drastic results really justified for something as simple as possessing a small amount of a substance proven safer than alcohol?

Legislators in both Rhode Island and Connecticut have the opportunity this year to end the heavy-handed practice of labeling anyone a criminal for possession of a small amount of marijuana. Both states have bills pending that would decriminalize small amounts of marijuana, replacing the current criminal penalties with a more rational civil fine.

Finally, I would like to commend the minority leader for his subsequent bravery and honesty in addressing his entire chamber about this issue. He explained that prescription medications have caused severe side effects, and that marijuana alleviated bouts of pancreatitis, which put him into a coma for five days last November. I am glad he has found a medicine that helps alleviate his pain. Protecting patients, such as Rep. Watson, is why we worked so hard to pass Rhode Island’s medical marijuana law. Rhode Island’s law, for which Rep. Watson voted, includes protection from conviction for unregistered patients who have doctors’ recommendations, as well as protection from arrest for those who register.

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“It is one of the happy incidents of the federal system that a single courageous state may, if its citizens choose, serve as a laboratory; and try novel social and economic experiments without risk to the rest of the country.”

- Justice Louis D. Brandeis, 1932

On Thursday, March 3, Rhode Island State Representatives Edith Ajello, Christopher Blazejewski, Peter Martin, Larry Valencia, and Donna Walsh introduced HB 5591, a bill that would tax and regulate the sale and distribution of marijuana within Rhode Island. This marks the second session in a row that Rep. Ajello has championed a sensible approach to marijuana in the Ocean State.

Introduction of this bill also serves to remind us that there are numerous courageous champions of marijuana policy living the eloquent words of Justice Brandeis above. The push to bring to an end to the unjust and destructive marijuana prohibition is, for the most part, coming not from our leadership in Washington, D.C., but from our elected state legislators.

State-level politicians are standing up and making the bold and rational choice to advocate for a “novel social and economic experiment” — ending marijuana prohibition and replacing it with a system of taxed and regulated marijuana distribution similar to the current legal system regulating alcohol, a much more damaging substance than marijuana. Assemblymember Tom Ammiano in California, Representative Mary Lou Dickerson in Washington, Representative Ellen Story in Massachusetts, and many of their colleagues have taken on the failed status quo and are leading the charge for sensible change.

Hear this, change will come. It may be via the ballot or by legislative proposal, but it will come. Support for legalizing marijuana is, and continues to be, on the rise. Sometime soon, some state (Colorado? Washington? California? Rhode Island?) will stand up and say enough is enough. How the federal government will respond is anyone’s guess. But one thing is clear: Several states led the way to repealing alcohol prohibition by refusing to participate in it, and states taking a sensible approach to marijuana will also lead the way to ending marijuana prohibition.

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So why weren’t any applications accepted? Well, because some had too many pages.

Nine applications fell short of the minimum score in the review process and the rest were disqualified for failing to comply with rules for applying.

The health department received eight formal letters of concern. Some letters questioned why an application exceeded the allowable page limit. Others raised issues about zoning requirements, site control, financing issues and residency requirements.

Locals are justifiably outraged, and organized a rally outside the Health Department yesterday to protest the decision.

“This is just horrible,” JoAnne Leppanen, executive director of the Rhode Island Patient Advocacy Coalition, told the Providence Journal. “This is such a disappointment that I cannot even tell you. I feel like the patients’ welfare is being lost in a bureaucratic haze.”

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In related news, New Mexico, which was the first state to license dispensaries, just approved six more medical marijuana producers—bringing the state’s total number of licensed, nonprofit dispensaries to 11.

These establishments—when properly regulated—provide patients in need with safe, reliable and orderly access to their medicine, saving them the effort of growing their own while also sparing them from having to resort to the often dangerous and unpredictable black market.

Elsewhere, Rhode Island has been holding hearings on applicants for dispensary licenses there, while New Jersey and Washington, D.C. are considering similar plans. In Oregon, it seems increasingly likely that state voters will consider adding dispensaries to that state’s law this November.

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Passage of the bill – which is set to become law – marks the fourth time that Rhode Island has passed positive medical marijuana legislation. In fact, tomorrow, the state will take another critical step in expanding its medical marijuana law further when it holds a public hearing for applicants to open the state’s first nonprofit compassion centers, which will provide qualified patients with safe access to their medicine. Rhode Island has approved opening up to three such centers, and the first licenses are expected to be issued in about a month.

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This call for sensible marijuana reform comes just days before public hearings will be held by the state’s Marijuana Prohibition Study Commission, which was set up by the state Senate last year to study the cost of marijuana prohibition in Rhode Island. Last week, a bill to change the penalty for possession of marijuana from up to six months in jail to a civil fine was introduced into the state House, where nearly half of the representatives signed on as co-sponsors.

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Despite being ravaged by cancer, Rep. Slater continued to trek to the legislature this summer to ensure the passage of a bill to add nonprofit dispensaries, or “compassion centers,” to the The Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act. The initial law allowed patients or their caregivers to grow marijuana, but many testified that they risked violence buying their medicine on the streets. Rep. Slater’s heartfelt efforts paid off: His colleagues in the House unanimously voted to override Gov. Carcieri’s veto of the bill, and they then gave him a standing ovation. Three years earlier, they had voted to name the medical marijuana law in his honor. Only Rep. Slater voted against this gesture.

Rep. Slater will be deeply missed. But his legacy will live on. Thanks to his leadership, more than 500 seriously ill patients in Rhode Island can now use their medicine without fearing arrest. And, by the new year, the state will have registered a nonprofit to provide regulated, safe access to their medicine.

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