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Supreme Court No. 2011-178-C.A. (P2/10-1832 AG & BG)

State v. Dean DeRobbio et al.

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Present: Suttell, C.J., Goldberg, Flaherty, Robinson, and Indeglia, JJ. OPINION Justice Indeglia, for the Court. For the first time, we are called upon to interpret the Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act, G.L. 1956 chapter 28.6 of title 21 (Medical Marijuana Act or Act). The State of Rhode Island (state) appeals from a pretrial order dismissing a five-count criminal information, filed against the defendants, Dean DeRobbio and Joseph Joubert. On appeal, the state contends that the hearing justice committed reversible error in determining that insufficient probable cause existed to believe that the defendants had committed various narcotics-related offenses. The defendants assert that their possession of marijuana was legal under the Act. After reviewing the record and considering the parties' written submissions and oral arguments, we vacate the judgment of the Superior Court and remand the papers to it with instructions to conduct further proceedings consistent with this opinion. I Facts and Travel On June 7, 2010, defendants were charged with (1) possessing marijuana with the intent to deliver it in violation of Rhode Island's Uniform Controlled Substances Act (CSA), G.L. 1956

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