Local assembly members undecided on bill to legalize recreational pot

Picard concerned about message to young people, Phillips skeptical of impacts on businesses

Legislation pending in the General Assembly establishing a Rhode Island retail marijuana option for adult use has Northern Rhode Island General Assembly members awaiting more details on just how such a system would work if eventually approved.

The proposed change allowing personal use marijuana commercial sales is already noted in the $11.2 billion Fiscal 2022 state budget that Gov. Daniel J. McKee’s administration unveiled on Thursday, even though consideration of the legislation needed to establish it has only just begun.

McKee’s budget calls for the creation of up to 20 retail marijuana dispensaries around the state and the establishment of a marijuana taxing system that would approximately mirror the 20 percent in taxes Massachusetts currently levies on the 40 or so retail sale shops it has permitted in that neighboring state in recent years.

One of those operations, DDM Cannabis, recently opened at 1 Lloyd St. in Blackstone less than a city block from the town line with Woonsocket.

Rhode Island currently allows only the sale of marijuana for medical use to residents holding a medical marijuana card for specified conditions and ailments. But that could change given the revenue potential and Massachusetts’ current retail operations, according state Sen. Roger Picard, D-Dist. 20, Woonsocket and Cumberland.

“It was about five years

ago when a marijuana retail purchase law started to percolate and I knew then that it was coming,” Picard, deputy senate president pro tempore and vice chair of the Senate commerce committee, said. “The only question was when and how.”

Sen. Joshua Miller, D-Dist. 28, Cranston and Providence, made several unsuccessful attempts to get a retail option established over the ensuing years, but found greater support in the current session, as General Assembly leaders signaled early on its time may have arrived, according to Picard.

The session started with worries that there was a major budget deficit resulting from the COVID-19 pandemic to be fixed and that new revenue streams would be needed to accomplish that goal.

McKee’s budget, in fact, counts on $1.7 million in marijuana tax revenue from the first year of such sales, taking into account start-up costs and timing. The budget estimates that revenue will grow to $17 million annually in subsequent years based on the 20 projected retail outlets.

Miller was joined by Senate Majority Leader Michael McCaffery, D-Dist. 29, Warwick, in filing a marijuana legalization and retail sales bill in the Senate this week, a draft measure that was referred to the Senate Judiciary Committee for review.

The bill would legalize adult possession of less than an ounce of cannabis for recreational use and set the tax structure for retail sales. The state’s 7 percent sales tax would be combined with a 3 percent tax for the hosting local community and another 10 percent special tax on cannabis for the state under the initial legislation.

The bill also establishes a Cannabis Control Commission like the regulatory process set up in Massachusetts to license and supervise commercial cannabis businesses and offers a process for local communities to hold referendum vote to determine local participation.

While noting he had not yet reviewed the full bill, Picard said he has “mixed emotions” about the prospects of approving marijuana beyond the current medical marijuana provision which he had supported.

“I’m concerned about the message it sends to young people on the availability of it,” Picard said. “We still have issues with underage drinking, and I am more concerned about the impact on people under the age of 21.”

He also still holds some of the beliefs he acquired while growing up that marijuana was viewed as a “gateway drug” that could pose hazards for those who consumed it, Picard explained.

“The flip side of it is that I don’t think this is something that is going to be stopped,” Picard said. “The question now is how is it going to be regulated?”

While he might not be a marijuana use proponent, Picard said he may well once again be on the side of approving retail sales in order to have a role in determining how that occurs.

“I would be very interested in seeing the final bill before saying what I would do,” Picard noted.

Depending on the review that takes place, Picard said it is possible the legislation will come to a vote in the current session – but if not, most certainly in the next.

“The leadership has indicated it could be this session,” Picard said.

Over in the House of Representatives, Rep. Robert D. Phillips, D-Dist. 51, Woonsocket and Cumberland, said he wants to know more about the proposed marijuana legislation before deciding a stand on it.

“I’m skeptical of recreational marijuana because of the impact on businesses,” Phillips said. “If people go into work even a little bit impaired, that could be a problem if they are working with machines.”

It could also be a problem for an employer like Electric Boat, which holds federal contracts with zero tolerance for substance abuse, he noted.

“My biggest concern would be for Electric Boat or machine shops where someone could get injured,” Phillips said.

Phillips said he himself would not use marijuana, even if it were legalized.

“It’s not my thing,” the representative said. “I like having complete control over my faculties.”

In light of the close-by retail operation in Blackstone, Phillips said it is possible that some of his constituents might not object to a similar change of marijuana laws in Rhode Island and he would have to take that into account as well.

To find out what they think, Phillips said he plans to do a poll on his Facebook page similar to what he has done in the past.

“The last time I posed the question was about 3 years ago, and it was about a 50/50 split for and against,” Phillips said.

If that ratio were to change considerably, say to 60 or 70 percent in favor, Phillips said, he might find himself voting in favor despite his personal viewpoint.

“If my constituents spoke in favor, I would probably have to vote for it,” Phillips said.

On the other side of the aisle in the General Assembly, state Rep. Brian Newberry, R-Dist. 48, North Smithfield and Burrillville, a past House minority leader, is also looking for more information on the retail sales marijuana bill and its related licensing process.

“I’ve always favored legalization, but I want to make sure it is an open process and not confined to the usual insiders,” Newberry said. “I am always concerned that people have a process that is fair, and open and transparent.”

Newberry said he is also concerned about marijuana use by minors but feels that keeping marijuana as a controlled, illegal substance does not entirely eliminate juvenile access to the drug.

A retail environment similar to a liquor store might provide a better opportunity to regulate cannabis use, he offered.

“I support legalization but I want to see the details of this retail proposal,” Newberry said.

“I just want to make sure that that it is not done in a way that not just for those who have connections,” Newberry said.