High court overturns dismissal in medical pot case

PROVIDENCE, R.I. (AP) — The Rhode Island Supreme Court has reversed a lower court's dismissal of drug charges against two men who had state-issued cards allowing them to grow and use marijuana for medical purposes.

The high court on Monday said a Superior Court judge had prematurely thrown out charges against Dean DeRobbio and Joseph Joubert. Cranston police arrested them in 2010 and charged them with violating the state's medical marijuana law.

DeRobbio and Joubert had said the amount of marijuana and number of plants they had were legal. The state appealed after the charges were dismissed.

Monday's ruling says the judge threw out the charges without holding an evidentiary hearing as required.

The Supreme Court did not address the constitutionality of the state's medical marijuana law but called it "poorly drafted."

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