South County Independent

Ever since the General Assembly approved a measure to legalize marijuana use for medicinal purposes, the region’s police chiefs have begun to ask serious questions about how the program will be administered.

“I think the objection really from the law enforcement side is that we don’t disagree with the potential benefits that marijuana will provide,” Narragansett Police Chief J. David Smith said. “It’s how you will regulate the growth and the distribution of the marijuana product. How easy will it be for someone to go ‘doctor shopping’ and get a prescription. Once they’re in possession of the drug, what form will it be? A pill? A joint? Is it going to be a dime bag?”

Police departments across the state wonder just how exactly someone with a prescription for marijuana will obtain the drug if there is no legal means to do it. The law allows someone to possess up to 2.5 ounces for personal use or to grow up to 12 plants indoors.

South Kingstown Police Chief Vincent Vespia said he’s at a loss as to how he’ll balance an inherent contradiction between state and federal laws. If a community member has marijuana that was legally prescribed, how should a local police department respond to a federal agency conducting a drug investigation that seeks support from local law enforcement?

“If it’s a violation of federal law; I’m confused how I should approach this,” Vespia said. “If you would encounter someone in possession of marijuana and they claim to have a medical reason for such possession, that needs to be a matter of investigation. We really need some guidance on this before we move on it. I think the police chiefs collectively ought to sit down with respective solicitors and probably the attorney general and ask for some direction on how do we apply the law.”

Other chiefs say that without firm guidelines, the legislation is highly problematic since patients might have to use the black market go buy marijuana or illegally import seeds to grow their own plants.

“I think the law is, in some respects, symbolic,” said East Greenwich Police Chief David Desjarlais. “Federal law still prohibits the possession and sale of marijuana, and right now, the new provision provides no mechanism for delivery.”

North Kingstown Police Chief Edward Charboneau wonders how his officers will handle traffic stops during which it appears a patient with a prescription for marijuana is under the influence.

“It affects people’s abilities. They can’t be smoking and driving. It affects coordination,” he said. “There has to be a lot of guidelines if this is going to work.”

The chiefs said that ultimately their job is to enforce the laws that are in the books and to set aside personal beliefs about marijuana use. The concern isn’t so much about whether marijuana has medical benefits -- most law enforcement officials have taken a neither pro nor con stance on the issue -- but whether the new legislation will create gaping loopholes that will make it easier for people who aren’t sick to obtain and distribute the drug.

“What is going to stop local police from getting a prescription themselves and walking up and down the street to look for the drug?” asked Desjarlais. “What if local police followed someone leaving the doctor’s office after getting a prescription for marijuana and then we nab the dealer once a transaction is made?”

Smith said he wonders what might happen if someone is pulled over for a traffic violation and marijuana is found, and the driver claims they have a prescription but is unable to prove it. Motorists often forget to keep the latest copy of their automobile insurance card in their glove box, and if they forgot their documentation for the marijuana, Smith said there likely will be instances where someone legally in possession of marijuana may find themselves being arrested.

“The officer will be forced to make a judgment based on the information available at the time,” said Smith. “The job is complex enough as it is.”

Smith said he worries that someone might be detained for possession only to demonstrate later that the possession was legal.

“Now you’ve detained someone and deprived them of their liberty to move. The case may go away and we may dismiss the case later on, but the probable cause is there.”

Smith, like many in law enforcement, said he struggled to keep an open mind as the movement to legalize medicinal marijuana made its way through the State House. Initially, law enforcement officials planned to take a stance against the measure, but decided against it after hearing lengthy testimony on the issue. Doctors, sufferers of multiple sclerosis, AIDS and cancer as well as scientists spoke at a number of public hearings.

“During the testimony over the last two years, especially at the Senate Judiciary hearings, there were some very impassioned speeches,” Smith said. “I was one of the people asked to weigh in and testify against marijuana being used, but as time went on and more experts convinced us of its benefits in limited use with strict control, law enforcement pretty much took a neutral stance. We didn’t go up there and support it but on the same token, the sense of urgency to try and oppose it abated. That’s a testament to the process and to the people who have also been involved in getting the legislation passed.”

The state Department of Health is drafting a plan that would attempt to answer at least some of the chiefs’ questions. It is possible the agency will base its plan on models used around the country in other states that have decriminalized medical use of marijuana. They issue ID cards and create a screening process that would require both physician and state approval.

“I think we have worked in the past with the Health Department -- we’re working closely on the issue of bird flu pandemic right now -- we’re certainly capable of sitting down at the table and resolving these types of issues,” Smith said. “The state legislature has spoken. The police are not in the business of legislating moral behavior. I’m hoping that the legislators recognize the challenges to law enforcement and have made those types of accommodations in the language of the law to give us ability to deal with the whole issue so that we don’t unfortunately take someone into custody that forgot their paperwork.”

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Garth Hoxsie-Quinn wrote on Mar 28, 2008 9:33 AM:

" All I can say is that i'm proud of my grandfather, proud to be a Wright and that i wish there were more people like him out there. It always feels good when doing things The Wright Way. "

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