What you need to know about cannabis legalization in Rhode Island

PROVIDENCE — With a stroke of a pen, Rhode Island on Wednesday joined its two neighboring states and 16 others in legalizing the recreational use of marijuana.

Less than 24 hours after lawmakers overwhelmingly passed the bill, Gov. Dan McKee signed the measure, which promises automatic expungement of past marijuana possession convictions and reserves a quarter of new retail store licenses for minority communities disproportionally hurt by the War on Drugs.

Speaking on the steps of the State House, awash in sunshine, McKee said the law was “equitable, controlled and safe” while establishing a regulatory framework that emphasizes public health and safety. “The end result is a win for our state both socially and economically.”

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The law calls for retail sales beginning Dec. 1, but it will be a while before most of the stores are open.

The state’s three currently operating medical marijuana dispensaries will be the first retailers of recreational marijuana as well, followed by six others in various planning stages.

Who wins 24 other retail licenses, and when, will be up to a new three-member cannabis control commission that will be appointed by the governor.

Recreational marijuana will be taxed at 20% – a new 10% cannabis tax, a new 3% tax by the community where the marijuana is sold, and the current 7% sales tax.

The two lead sponsors of the law, Sen. Joshua Miller, D-Cranston, and Rep. Scott Slater, D-Providence, have pushed for legalization for a decade. They thanked all the stakeholders who in the last year worked collaboratively for the shared goals promised in the legislation.

“It has been a long road, but I couldn’t be happier with the result,” said Miller.

While the bulk of the law goes into effect Dec. 1, a few changes will take place immediately.

Some key questions and answers:

More: Lawmakers vote to legalize recreational marijuana in RI

Have questions about marijuana legalization in Rhode Island? Email newstips@providencejournal.com with the subject line 'legal marijuana'

Can I smoke marijuana in public now?

That depends. Cannabis use would be banned anywhere where cigarette smoking is now banned. But if it’s legal to smoke a cigarette on Main Street in West Warwick right now, you'll be able to smoke cannabis, too.

That could change. The law includes language that gives communities the power to adopt ordinances to restrict or ban the “smoking or vaporizing of cannabis in public places.”

Will you be able to grow your own marijuana in Rhode Island?

Yes, immediately. The law allows people to have three growing plants and three dried plants.

Do marijuana possession laws change in Rhode Island?

Yes, it will be legal to have up to an ounce of marijuana in your possession. And possession of between one ounce and two ounces will be a civil violation. Previously up to an ounce was a civil violation, much like a parking ticket, and it was illegal to possess more than one ounce.

Can I get my marijuana possession charge expunged immediately?

You can request an expedited expungement through the courts and have any costs waived. But the law has given the courts until July 1, 2024, to provide automatic expungement to all who are eligible.

To learn more about expungement: With legal marijuana in RI, 'tens of thousands' of past convictions may disappear

Under the legislation, any prior civil violation, misdemeanor or felony conviction for possession of marijuana that would be decriminalized will be automatically erased from court record systems.

Bigger offenses, however, such as intent to deliver marijuana, or manufacturing, would be ineligible for expungement.

How many retail cannabis stores will there be in Rhode Island?

The new legislation allows for up to 33 retail licenses distributed in six zones statewide, including at the three current medical marijuana dispensaries and the six others in various planning stages.

Can Rhode Island communities opt out of hosting a cannabis retail store?

Some can, some can’t. The communities currently hosting medical-marijuana dispensaries – Providence, Warwick and Portsmouth – will not be able to opt out.

Other communities can, however, through a referendum vote this November.

Email Tom Mooney at: tmooney@providencejournal.com

This article originally appeared on The Providence Journal: What you need to know about legal weed in Rhode Island