Medical Marijuana Licensing Practices in Question in RI

The medical marijuana debate continues with the state's licensing policies being called into question in the matter of a Tiverton man arrested three weeks ago for growing 100 plants. The defendant in this instance has a previous felony drug charge on his record, bringing into question how he was determined eligible to be licensed as a medical marijuana grower in RI.

RI Criminal Defense Attorney MacDonald of Aggressive Legal posts the full article below.

Arrest sparks debate over medical-marijuana license policy

September 23, 2010
By W. Zachary Malinowski
Journal Staff Writer

A Tiverton man arrested three weeks ago on marijuana-trafficking charges for growing more than 100 plants on his property was issued a state license to legally use the drugs despite his conviction on felony drug charges four years ago.

Shayne R. Costa, 50, of 698 Windwood Drive, is being held in the Adult Correctional Institutions, charged with a felony count of possession, manufacturing and delivery of five kilograms, or 11 pounds of marijuana. State prosecutors are seeking to have him sentenced to a lengthy prison term for violating the terms of his probation for his 2006 conviction for growing 28 marijuana plants on his property. The police also seized 7.5 ounces of marijuana packaged in eight bags, another bag with 3.5 ounces of marijuana and a shot gun.

At the time, Costa told the police that he was “selling marijuana,” arrest records show.

Costa, who received a 10-year suspended sentence, could be ordered to serve the entire 10 years behind bars.

The violation hearing is scheduled for Monday in Newport County Superior Court.

The issuance of a license to Costa raises questions about the medical-marijuana program and whether some patients are using the program as a shield to illegally manufacture the drug for profit. A host of law-enforcement officials have questioned the motives of many of the patients and caregivers, those licensed to grow and provide marijuana to patients.

In recent months, several patients and caregivers have been arrested on drug trafficking charges for growing more marijuana than allowed under state law. The law allows a patient to grow up to 12 marijuana plants for his or her own use. A caregiver, on the other hand, can grow up to 24 plants to provide marijuana to a maximum of 5 registered patients.

Tiverton Police Chief Thomas Blakey and Michael J. Healey, spokesman for the attorney general’s office, declined to talk about the Costa case and the Health Department’s policy, citing next week’s probation-violation hearing.

“Right now, it’s an open investigation,” Blakey said.

Peter Hanney, spokesman for the state Health Department, said that a past felony conviction does not prohibit his agency from granting a license to a patient in the medical-marijuana program. He said that caregivers with a felony drug conviction cannot participate in the program.

Hanney said an applicant to be a caregiver is directed to the state attorney general’s office where a criminal record check is conducted to determine whether the applicant has ever been arrested in Rhode Island. They are required to return the results to the Health Department before they are granted a license.

A criminal background check is not required for a patient seeking a license.

Hanney, citing patient confidentiality, would not discuss the Costa case. He would not say whether Costa was a licensed patient or caregiver.

“Obviously, I can’t talk about individual patients,” Hanney said.

State police Col. Brendan P. Doherty was surprised to learn that someone with a felony drug conviction would be allowed to get a patient’s license and grow up to 12 marijuana plants.

“I’m opposed to that,” he said. “They should not be allowed to cultivate or provide marijuana. It could easily be used to make money.”

The Tiverton police were quite familiar with Costa and his past. Court records show that the Tiverton police have arrested him a dozen times dating to 1992 on drug charges, attempted larceny, resisting arrest, domestic assault and obstruction.

On Sept. 3, Tiverton police Officer Dan Martin reported that an informant approached his cruiser and told him that Costa was growing marijuana on his property. Martin drove by Costa’s address and spotted marijuana plants, some as tall as 7 feet, were growing in a 100-foot long greenhouse.

The police obtained a warrant and searched the house. They discovered a large marijuana “grow room” with 101 potted marijuana plants, 10 lights and running fans. In the greenhouse, they found 13 mature marijuana plants.

The police said that, in the bedroom, they found “a large amount of papers … and R.I. Department of Health medical-marijuana applications.” They said some of the paperwork dated to 2005-06.

The police seized the drugs and arrested Costa and Donna Coelho, 52, who also lives at that address, on drug charges. They were both arraigned in District Court, Newport, and ordered held without bail at the ACI.

Coelho also was arrested with Costa in the 2005 case. The drug charges lodged against her were dismissed.
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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.