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April 26, 2023

ACLU wins suit against R.I. town’s plant limit restriction

admin Medical Marijuana News

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Published: Sep 27, 2017, 2:42 pm • Updated: Sep 27, 2017, 2:42 pm

By The Associated Press

SMITHFIELD, R.I. — A Rhode Island judge has blocked a town’s attempt to go beyond state law by creating a stricter medical marijuana ordinance.

Superior Court Judge Richard Licht issued a preliminary injunction Wednesday that prevents Smithfield from enforcing an amendment to its zoning ordinance that restricts the cultivation and distribution of medical marijuana.

The town in April passed a law that limits the number of plants a licensed grower can have to two. Under state law, growers are allowed to have 12 plants.


More on plant limits

  • Humboldt County launches campaign against illegal indoor cannabis grows
  • California cities push limits of “reasonable” restrictions on home grows
  • Colorado toughens up on home grows, boosts funding for black market enforcement

The American Civil Liberties Union of Rhode Island filed a lawsuit in June, arguing the ordinance infringes on patients’ rights as guaranteed by state law.

Officials have said the ordinance is a way to prevent excessive marijuana sales.

The council’s president didn’t immediately respond to a request for comment.

Topics: courts, home growing, medical marijuana, plant limits, Rhode Island

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