It’s a very odd dance being held in Rhode Island these days. We have the state playing one tune when it comes to medical marijuana and the federal government playing another. Our statute provides, among other things, that:
[A registered patient] shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege… for the medical use of marijuana…”
Sounds clear, doesn’t it?
Well, Brown University is aware of the state law and they’ve continued to prohibit use of medical marijuana on campus – despite their overwhelming advocacy for other issues about the disabled or ill (such as AIDS victims). The rationale for Brown is that federal law still makes consumption of marijuana illegal and many of their programs are federally funded. They are stuck between the state and federal laws.
Another example comes by way of state law regarding employment. An employer cannot fire someone in Rhode Island based solely on a positive drug test, and can’t fire them if it’s a legally prescribed drug. But, under federal employment laws, you are committing a crime – there is no legal standing for smoking cannabis. What then is a federally employed person in Rhode Island to do when their urine tests positive for the drug? What about someone who has a DEA license (like a pharmacist)?
These issues are not just arising in Rhode Island, but across the country where states have decriminalized marijuana for medical purposes. There are also issues about whether someone who gets the drug legally and gives or sells it to someone else is dealing in a prohibited narcotic or not. Intent to deliver a controlled substance is the law in question, but a federal charge would add possession as an offense as well.
Also mentioned in our law is the method you can use to put a minor on the drug. That has its own set of issues about whether or not a minor should be smoking weed at all, and whether federal rules about welfare (and welfare of a child) should kick in.
