The Middletown Town Solicitor recently summarized the status of recreational marijuana in the state, including the ability of the town to “opt-out” of recreational marijuana offerings.
On March 1, two lawmakers in the House and Senate introduced identical legislation that would allow for 33 retail licenses distributed in six zones statewide, among a slew of other caveats and provisions.
Town Solicitor Peter Regan, at the request of Town Councilor Terri Flynn, gave a general rundown of the proposed legislation and what it means for the town.
Regan explained the 33 retail licenses would include 24 new ones and nine “potential hybrids,” where existing compassion centers could sell both medical and recreational marijuana. The proposed tax structure includes a 3% local tax that would benefit the host community.
“With regard to local control, it would require cities and towns councils by resolution to put a question on the Nov. 22 ballot in order for cities and towns to opt-out of having retail licenses located in their community,” Regan said.
“So as opposed to that being done at the council level, it would be required to be done by referendum.”
“This is the current legislation,” Regan stipulated.
“We don’t know whether this will pass this session and exactly what form it will pass. We expect that if it does pass it will get modified to some extent.”
“I think that the major item that the (Rhode Island League of Cities and Towns) is lobbying for right now is regarding the opt-out provision,” Town Administrator Shawn Brown said.
The Rhode Island League of Cities and Towns represents municipal government interests before the state legislature; all 39 municipalities in Rhode Island are a part of it.
“Right now, you’re presumed in until the community votes to opt-out,” Brown explained.
“So, the league is lobbying to place that decision with the elected town council, and that’s been an ongoing issue since this idea of legalizing marijuana has been at the Statehouse. So I don’t know how successful we’ll be in that regard, but it does appear from talking with legislators likely that the bills that are being considered are…there’s a favorable chance that they’ll pass, so I think we’re trying to figure out where there’s opportunity to tune those so that the municipalities get the greatest controlling benefit, as well as funds from the state to deal with the complications that come with having marijuana within the retail space.”
Flynn asked how the town’s ordinance, which does not allow the retail presence of marijuana, would be affected by this state law.
“If this legislation was passed in its current form, that prohibition against retail would need to be an opt-out through a referendum,” Regan explained.
“In other words the prohibition in the current ordinance would not be enforceable without a town-wide referendum that supported that prohibition.”
Regan said town officials will talk to the local delegation “and try to get a sense of what they think the possibilities of passage are, where they think there may be potential changes to the proposed legislation,” and then come up with a plan for the town “on the assumption that this is going to get passed.”
Some tweaks or amendments to the existing ordinance may be needed, but town officials wouldn’t…
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