Rhode Island - Know Your Rights
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Many Rhode Island residents are concerned about their personal consumption and their rights around use of cannabis. Before possessing cannabis, you should know your rights. Keep in mind that the below information applies to adult use cannabis, and the rules for Rhode Island medical marijuana patients are different.
Under the R.I. General Laws §21-28.11-22, a person over the age of twenty-one (21) years old, who possesses, uses, or purchases from a licensed cannabis from a retailer will not be arrested, prosecuted or penalized if they have one ounce (1 oz.) or less on them. (R.I. Gen. Laws §21-28.11-22)(a)(1)) One ounce includes any form of cannabis concentrate.
How many plants can you have within any residence?
A person is permitted to possess, cultivate, or process up to three (3) mature cannabis plants. A mature plant includes the flower that is produced including tetrahydrocannabinol. (R.I. Gen. Laws §21-28.11-22(a)(2)) A mature plant does not include stalks of the plant, hemp, or any other ingredient combined with cannabis to produce products. (R.I. Gen. Laws §21-28.11-3 (6))
A person is also permitted to possess, cultivate, or process up to three (3) immature plants for their personal use. (R.I. Gen. Laws §21-28.11-22(a)(2)). An immature plant means that the plant has not flowered yet.
How much cannabis can a person legally possess in their primary residency?
A person may legally possess up to ten ounces (10 oz.) of cannabis per resident. In addition to possessing ten ounces (10 oz.), a person may possess any live cannabis plants said above. (R.I. Gen. Laws §21-28.11-22 (3))
Can I give cannabis to another person over the age of twenty-one (21) years old?
Yes, a person can give away or transfer without compensation up to one ounce (1 oz.) of cannabis. However, the transfer of cannabis cannot be advertised or promoted to the public. (R.I. Gen. Laws §21-28.11-22 (5))
Can I use cannabis in a public place?
Some prohibited places are on a school bus or other forms of public transportation, school grounds, correctional facilities, any place prohibited by federal or state law or local ordinance, drug treatment facilities, or where exposure would adversely affect the health, safety, or welfare of children. (R.I. Gen. Laws §21-28.11-29 (2))
Can I operate a vehicle while using cannabis?
No. A person cannot operate any motor vehicle, aircraft, or motorboat while under the influence of cannabis. (R.I. Gen. Laws §21-28.11-29 (3))
What happens if I am pulled over and have cannabis in my system but did not use cannabis at the time of stoppage?
Under Rhode Island law, “a person shall not be considered to be under the influence solely for having cannabis metabolites in his or her system.” (R.I. Gen. Laws §21-28.11-29 (3)) According to Medical News Today, cannabis can be detectable in urine tests for approximately 3-30 days after use. Saliva tests can be detectable for approximately 24 hours after use and hair can be found up to 90 days after use. Blood tests can only detect for 3-4 hours after use. Cochrane, Zara Risoldi, How long can you detect marijuana (cannabis) in the body? Medical News Today (December 2022), https://www.medicalnewstoday.com/articles/324315.
What if I am a landlord and I do not want my tenants to have cannabis in the dwelling?
A landlord does not have the right to prohibit the consumption of non-smoked or non-vaporized cannabis. In addition, a landlord does not have the right to prohibit a tenant from transferring cannabis to another. However, a landlord may prohibit the transfer of cannabis if the tenant is receiving compensation.
What if I am a tenant who uses cannabis?
If you are a tenant who uses cannabis, a landlord cannot legally prohibit cannabis within the dwelling. However, if a tenant wishes to smoke in the dwelling, then the landlord has the right to prohibit it.
What if my medical card is from another state but my identification card is in Rhode Island?
After March 1, 2023, a hybrid cannabis retailer is not authorized to sell medical marijuana to any patient if they have an out-of-state medical marijuana card. In order to purchase medical marijuana, the customer must have a valid identification card that demonstrates they live in the same state as the issued medical marijuana card.