Linc Chafee pushed DEA to reconsider cannabis
RI Future - By. Bob Plain - 08/13/16
The federal government might be comfortable equating marijuana to heroin, crack and meth, but Rhode Island isn’t. At least it wasn’t when Linc Chafee was our governor. The Drug Enforcement Administration’s recentheadline-grabbing decisionto keep cannabis as a Schedule 1 drug was the result of a request from the Chafee administration in 2011.
In a July 19 letter to Governor Gina Raimondo, Chuck Rosenberg, the acting administrator of the DEA, wrote, “On November 30, 2011, your predecessors, The Honorable Lincoln D. Chafee and The Honorable Christine O. Gregoire, petitioned the Drug Enforcement Administration (DEA) to initiate rulemaking proceedings under the rescheduling provisions of the Controlled Substances Act (CSA),” according to the federal register. “Specifically, your predecessors petitioned the DEA to have marijuana and “related items” removed from Schedule I of the CSA and rescheduled as medical cannabis in Schedule II.”
The DEA, it should be noted, disagreed, writing to Raimondo, “Based on the HHS evaluation and all other relevant data, the DEA has concluded that there is no substantial evidence that marijuana should be removed from Schedule I.” It cited three main reasons: “Marijuana has a high potential for abuse. Marijuana has no currently accepted medical use in treatment in the United States. Marijuana lacks accepted safety for use under medical supervision.” An editorial in today’s New York Times proves false each of those three reasons. The DEA was also responding to a request from the governor of Washington and a citizen of New Mexico.
While governor of Rhode Island, Chafee signed legislation to decriminalize less than an ounce of marijuana. But he declined to push Rhode Island to become the first state on the East Coast to tax and regulate marijuana. As a presidential candidate earlier this year, there was some reason to believe Chafee was considering campaigning as a pro-pot candidate after he said his position on full federal legalization would “evolve during the campaign.”
Governor Raimondo has taken a similar tack on taxing and legalizing marijuana as Chafee did during his tenure. “I could see Rhode Island eventually getting there, but I’m not going to rush,” she said in March. On medical marijuana, she pushed legislation that added a per-plant tax to patients who don’t grow their own.
Rhode Island has the highest per capita marijuana users in the nation and a recent poll found 55 percent of Rhode Islanders favor legalization. A different poll found 53 percent of Americans favor legalization.
Update: Chafee puts end to medical marijuana dispensaries
5:31 PM Thu, Sep 29, 2011
W. Zachary Malinowski projo.com
Who has 2 thumbs and guaranteed unemployment next term? That guy......-UA
The decision comes after five months of delays and indecision by Chafee's office on how they willl proceed with issuing licenses to three dispensaries that were selected by the state Department of Health last spring.
"After much internal and external discussion and research, I have decided that the State of Rhode Island cannot proceed with the licensing and regulation of medical marijuana compassion centers under current law,'' Chafee said in a statement.
Thousands of patients in the state program had been awating the opening of the dispensaries, hoping that they would have a safe, secure and reliable place to buy the drug to cope with ailments like cancer, glaucoma and chronic pain.
Continue to the next screen to read Chafee's full statement:
After much internal and external discussion and research, I have decided that the State of Rhode Island cannot proceed with the licensing and regulation of medical marijuana compassion centers under current law.
This has been a difficult decision. I believe that patients with debilitating medical conditions such as cancer, glaucoma and AIDS should have safe, reliable and well-regulated access to marijuana for therapeutic purposes. Rhode Island has a card and caregiver law currently in place for distributing medical marijuana to patients in need. I have met with and heard from advocate groups and patients that this existing system has serious flaws. In 2009, in an effort to address these flaws, the General Assembly passed a new law authorizing the cultivation and distribution of medical marijuana through three state-registered and regulated compassion centers. The Governor's constitutional duty is to implement laws passed by the General Assembly and I take that obligation very seriously.
Unfortunately, Rhode Island's compassion center law is illegal under paramount federal law. And, while the United States Attorney in each district is given some discretion in the local enforcement of federal laws, I have received communications from both the United States Department of Justice and from the United States Attorney for the District of Rhode Island that large scale commercial operations such as Rhode Island's compassion centers will be potential targets of "vigorous" criminal and civil enforcement efforts by the federal government. I cannot implement a state marijuana cultivation and distribution system which is illegal under federal law and which will become a target of federal law enforcement efforts. Federal injunctions, seizures, forfeitures, arrests and prosecutions will only hurt the patients and caregivers that our law was designed to protect.
I remain committed to improving the existing medical marijuana cultivation and distribution system in Rhode Island. I am hopeful that the General Assembly will introduce new legislation in the upcoming session that will address the flaws in, and indeed make improvement to, the existing medical marijuana card and caregiver system while not triggering federal enforcement actions. I pledge to work with advocates, patients and members of the General Assembly towards that end.
Patient advocates call for Chafee to license R.I. medical-marijuana dispensaries
01:00 AM EDT on Wednesday, September 28, 2011
By W. Zachary Malinowski
Journal Staff Writer
PROVIDENCE — Patients and advocates in the state’s medical-marijuana program rallied at the State House Tuesday to voice their frustration and disappointment in Governor Chafee for failing to issue licenses to three marijuana dispensaries that are permitted under Rhode Island law.
Speaker after speaker stepped up to the lectern outside the chambers of the General Assembly and reminded the small crowd of about 30 supporters that the governor has been dragging his feet for 149 days. That was when the Health Department announced that it had selected three businesses to sell marijuana to patients registered in the state program.
The dispensaries are: the Thomas C. Slater Compassion Center in Providence, Summit Medical Compassion Center in Warwick and Greenleaf Compassionate Care Center in Portsmouth.
They hoisted signs that read, “Hey Chafee Which State Law Will You Ignore Today,” and “69% of Rhode Islanders Support Compassion Ctrs; 36 % Support Chafee. Wake Up Governor.”
JoAnne Leppanen, executive director of the Rhode Island Patient Advocacy Coalition, said that patients and advocates are so fed up with Chafee’s inertia that they are exploring the possibility of filing a lawsuit against him.
“We are going to appeal to the judiciary and see if a judge will order the governor to issue the licenses,” she said.
She said that they have spoken with representatives from the American Civil Liberties Union about taking legal action against Chafee. Steven Brown, executive director of the ACLU’s local affiliate, attended the rally. He said that Chafee should end the delays.
“There is nothing preventing the governor from issuing these licenses,” he said.
Christine Hunsinger, Chafee’s communications director, did not respond to requests for a comment.
A few weeks after the Health Department announced the selection of the three dispensaries last spring, Peter F. Neronha, the U.S. Attorney for Rhode Island, sent Chafee a letter, warning him that if he issued the licenses, the operators and anyone affiliated with the new businesses could face criminal and civil action.
Neronha’s letter was identical to letters that other federal prosecutors sent to governors in states such as Maine, Vermont and New Jersey that passed laws permitting the establishment of marijuana dispensaries.
Neronha’s threat caused Chafee to place plans to issue the licenses on hold. He and members of his staff said they wanted to study the issue further, and get clarification from the Justice Department in Washington.
Chafee’s decision didn’t sit well with the operators of the three dispensaries in Rhode Island. The growing number of patients in the program, now about 4,000, also were furious. They said that they have to turn to drug dealers, or go without marijuana, to cope with debilitating illnesses such as chronic pain, nausea from cancer treatment, insomnia and neurological problems.
The patients and advocates also point out that Maine, Vermont, Delaware, New Jersey and the District of Columbia have ignored the federal threats and are pressing ahead with plans to open dispensaries. At least two are open for business in Maine and, in New Jersey, Gov. Christopher J. Christie, a former U.S. Attorney, said two months ago, “It’s a risk that I’m taking as governor.”
Rep. Scott A. Slater, D-Providence, the son of Rep. Thomas C. Slater, D-Providence, the late legislator who championed the legalization of marijuana, said it’s time for Chafee to pull the trigger. He said the issue has been “reviewed and researched” enough. He said that he will not entertain any suggestion from Chafee that the General Assembly revisit or change state marijuana laws.
“The needs of the patients are more important than threats from the federal government,” Slater told the crowd. “I hope the governor and his team will give you the respect you deserve.”
Under the current system, licensed caregivers are the only ones in the state who can legally grow marijuana for patients in the program. That number has grown to about 2,500, but many patients have disagreements with their caregivers over pricing, or sometimes, the crops simply go bad.
As a result, they cannot get the marijuana for medicinal purposes. The compassion centers would ensure that the drug is always available.
Leppanen, RIPAC’s top official, said that this summer’s humidity and the power disruption from Tropical Storm Irene damaged a large portion of the caregivers’ crops. She said the delays in issuing the dispensary licenses “is causing real stress. Real pain.”