§ 21-28.6-2 - Legislative findings. - Rhode Island Statutes

SECTION 21-28.6-2

   § 21-28.6-2  Legislative findings. –The general assembly finds and declares that:

   (1) Modern medical research has discovered beneficial usesfor marijuana in treating or alleviating pain, nausea and other symptomsassociated with certain debilitating medical conditions, as found by theNational Academy of Sciences' Institute of Medicine in March 1999.

   (2) According to the U.S. Sentencing Commission and theFederal Bureau of Investigation, ninety-nine (99) out of every one hundred(100) marijuana arrests in the United States are made under state law, ratherthan under federal law. Consequently, changing state law will have thepractical effect of protecting from arrest the vast majority of seriously illpeople who have a medical need to use marijuana.

   (3) Although federal law currently prohibits any use ofmarijuana, the laws of Alaska, California, Colorado, Hawaii, Maine, Montana,Nevada, Oregon, Vermont, and Washington permit the medical use and cultivationof marijuana. Rhode Island joins in this effort for the health and welfare ofits citizens.

   (4) States are not required to enforce federal law orprosecute people for engaging in activities prohibited by federal law.Therefore, compliance with this chapter does not put the state of Rhode Islandin violation of federal law.

   (5) State law should make a distinction between the medicaland nonmedical use of marijuana. Hence, the purpose of this chapter is toprotect patients with debilitating medical conditions, and their physicians andprimary caregivers, from arrest and prosecution, criminal and other penalties,and property forfeiture if such patients engage in the medical use of marijuana.

   (6) The general assembly enacts this chapter pursuant to itspolice power to enact legislation for the protection of the health of itscitizens, as reserved to the state in the Tenth Amendment of the United StatesConstitution.