Rhode Island Medical Marijuana Law Sees Its First Victory

The first week of May 2011, saw a vindication for patient rights and the Rhode Island Medical Marijuana community.

Two Rhode Island residents who both possessed valid Medical Marijuana certifications were arrested on felony drug charges after local law enforcement performed a search warrant on the residence they shared in January of 2010. The residence had 33 mature plants and several immature seedlings, which police claim is the reason they were arrested on felony drug charges. Under Rhode Island Medical Marijuana Law, a patient or their caregiver can possess up to 24 plants for the patient.

The judge overseeing the case was presented with conflicting statues under Rhode Island law. One states that it is a felony to possess the quantity of plants the defendants had in their residence. The other, stated that registered Medical Marijuana patients were entitled to possess the maximum amount under state law.

The judge was required to choose the state law that is most favorable to the defendants.