Popular searches:
Extortion Embezzlement DUI Lawyer DUI Attorney Trespassing Forgery
Talk to a Lawyer
Enter a zip code to speak to a Lawyer that serves your area.
Select the type of Lawyer you need
Rhode Island Marijuana Laws
Because of the legalization of medical marijuana in Rhode Island, not all individuals found possessing marijuana will be charged in a criminal case. However, without the presence of a state-registered identification card or written physicians certification, any person selling, distributing, or in possession of marijuana may be arrested. The penalty in each case will be determined by the amount of marijuana found, the location of the individual (e.g., near a school, park, or playground), and the motivations of the individual (e.g., personal use, sale, cultivation, distribution). If you are seeking legal aid in a marijuana-related case, a marijuana lawyer can inform you on the most current laws and cases regarding medical- and non-medical usage in Rhode Island.
In 2002, 2,109 individuals were arrested in Rhode Island due to marijuana possession. 353 individuals were arrested due to marijuana sales. Combined, these arrests account for almost 6% of all arrests in Rhode Island during 2002. According to the Drug Enforcement Administration, 4,894 lbs. of marijuana are estimated to be cultivated in Rhode Island annually, valued between more than $25 million dollars and $40 million dollars.
Medical Marijuana Users
On January 3, 2006, marijuana was legalized for medical usage with the passage of the Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act. This act enables individuals with a written document from their physician to possess up to 2.5 oz or 12 marijuana plants for medicinal purposes. Marijuana has been deemed a valid medicine for a variety of medical conditions (including but not limited to: cachexia, cancer, Hepatitis C, chronic pain, seizures, Crohn’s Disease, and Alzheimer’s disease. Patients with written certifications may also have an identification card issued in their name under a Rhode Island patient registry, however patients found in possession of marijuana but without an identification card may still have a favorable defense while undergoing trial.
Non-Medical Users:
While marijuana has been legalized for medical use, it is not acceptable to be used in the form of a recreational drug. Individuals found in possession of marijuana without a medical clearance will be penalized based on their location, the amount possessed, and their intent.
Penalties for Marijuana Use or Possession in Rhode Island:
Possession:
|
Possession of less than 1kg |
Misdemeanor |
Penalties include incarceration for a period of up to one (1) year with a fine of $200 to |
|
Possession of between 1kg and 5kg |
Felony |
Penalties include a mandatory minimum sentence of incarceration for 10 years with a fine of $10,000 - $50,000 |
|
Possession of greater than 5kg |
Felony |
Penalties include a mandatory minimum sentence of incarceration for 20 years with a fine of $25,000 - $100,000 |
|
Possession in an area within 300 yards of a school, playground, or park |
Felony |
Penalties include double the penalty for both incarceration and fine |
|
Any individual found possessing marijuana while driving on a first offense will have their driver’s license suspended for 6 months. Any individual found possessing marijuana while driving on a repeat offense will have their driver’s license suspended for one year. |
||
Sale and/or Cultivation:
|
Sale or cultivation of less than 1kg |
Felony |
Penalties include incarceration for thirty (30) years with a fine of $3,000 - $100,000 |
|
Sale or cultivation of between 1kg and 5kg |
Felony |
Penalties include a mandatory minimum sentence of 10 years with a fine of $10,000 - $500,000 |
|
Sale or cultivation of greater than 5kg |
Felony |
Penalties include a mandatory minimum sentence of 20 years with a fine of $25,000 - $100,000 |
|
Delivering to a minor who is 3 years or younger |
Felony |
Penalties include incarceration for two to five (2-5) years with a fine of up to $10,000 |
|
Sale or cultivation in an area within 300 yards of a school, playground, or park |
Felony |
Penalties include double the penalty for both incarceration and fine |
Miscellaneous:
Individuals who avoid sentencing of imprisonment but receive a probationary period are required to submit to drug abuse evaluation, attend an educational course regarding drug usage, and complete at least 100 hours of community service.
Penalties for Driving Under the Influence of Marijuana
The state of Rhode Island abides by a zero tolerance driving under the influence of drugs (DUID) law. This law forbids any individual from operating a motor vehicle while under the influence of any drug, regardless of the level of effect of that drug. Cannabis is just one of the zero-tolerance drugs that this law prohibits drivers from using; however, cannabis metabolites (drug compounds that may have partial quantities of cannabis) are not recognized by this law. When found in violation of this law, the first-time offender can be penalized with up to one (1) year in jail.
Legal Help with a Marijuana Offense
Because of the legalization of marijuana for medical usage in Rhode Island, seeking help with your case from a marijuana lawyer or marijuana attorney can be greatly beneficial. Under legal counsel, first-time offenders can often be released from more severe punishments with drug education and evaluations. However, some instances of marijuana possession can carry mandatory minimum sentences of up to 20 years in prison. Working with a marijuana attorney who is familiar with the legalities of marijuana possession in Rhode Island is often beneficial for the defendant.