SMITHFIELD – Town residents will get another chance to express their opinions on a potential ban on smoking and vaporizing cannabis products on any Smithfield-owned property at a meeting in February, after the Town Council heard from the public on Tuesday.
The council moved to continue the public hearing on the proposal to ban marijuana use in any public space after resident Tom Hodgkins suggested adding clarifying language to the ordinance.
Councilor John Tassoni also suggested changing the ordinance to put any fines incurred from enforcement of ordinance into a restricted fund to be used toward addressing mental health and substance abuse.
Officials say the ordinance is legal under Rhode Island general law, which allows any city or town to ban or impose restrictions on the smoking or vaporizing of cannabis products in public spaces.
A public place could be any place where a substantial group of people has access and/or a view. This includes public streets, sidewalks, walkways, alleys, highways, bridges, overpasses, parking lots, municipal buildings and parking lots, parks, plazas, doorways, entranceways, pedestrian malls, hallways, lobbies and other portions of apartment houses and hotels.
Hodgkins suggested adding language to clarify that cannabis restrictions include bans in parks, athletics fields and conservation areas in town to “take away any vagueness.” He added that the changes are similar to what was adopted in Cranston, Warren and Barrington.
He also suggested adding a possible age restriction that would also make it unlawful for minors under the age of 18 to possess marijuana, as well as adding the word “consume” to the ordinance.
Councilor Sean Kilduff said Smithfield got in trouble in the past for creating ordinances that violated state law.
“I’m hesitant to add the age restriction if we are allowing medicinal marijuana to be distributed to minors. We’ve found ourselves in hot water before,” he said.
In 2019, Smithfield lost a lawsuit from the American Civil Liberties Union of Rhode Island over a 2017 ordinance that blocked protection and rights afforded under the state’s medical marijuana law and imposed burdens on patients’ access to treatment. The town was ordered to pay $30,000 and passed a new ordinance in compliance with state law.
The new proposed ordinance comes after the state legalized recreational marijuana use for people over the age of 21. In November, Smithfield residents were among the few communities to vote against allowing recreational marijuana sales in town, which also restricts medicinal sales.
Town Councilor Michael Iannotti, who co-sponsored the bill with Councilor Rachel Toppi, said the town feels it needs restrictions on recreational marijuana use in public spaces.
Any person violating the new ordinance would be liable for a fine of up to $100 for the first offense and up to $150 for each subsequent offense. The fine would be at the discretion of municipal court, according to Town Solicitor Anthony Gallone, who added that it is standard procedure for courts to determine fines.
Tassoni then recommended that all fines be put into a restricted account that supports mental health and substance abuse in Smithfield, and Police Chief Richard St. Sauveur said he supports such a move.
Gallone added that there is a town ordinance that bans alcohol consumption on public property, though he said it does not have penalties tied to it.
The proposed ordinance does not prohibit the transportation of cannabis and cannabis products.
New signs will be posted in public areas in town after the ordinance is passed, said Town Manager Randy Rossi.
H/T: www.valleybreeze.com
