Rhode Island Marijuana Laws

Marijuana possession, sale, and manufacture are regulated by both state and federal law. Rhode Island classifies marijuana as a Schedule I substance, which means that it has a high potential for abuse and no generally recognized medical value. (R.I. Gen. Laws Ann. § 21-28-08.) While non-medical use of marijuana is illegal in Rhode Island, the state does allow medical marijuana use under limited circumstances. And while not covered in this article, it is also a crime to drive under the influence of marijuana in Rhode Island.

To learn about Rhode Island's medical marijuana laws, see Rhode Island Medical Marijuana Laws.

For information about charges and penalties for driving under the influence of marijuana in Rhode Island, see Driving Under the Influence of Marijuana in Rhode Island.

Marijuana Possession

It is a crime to knowingly or intentionally possess marijuana in Rhode Island. Penalties include a fine of between $200 and $500, up to one year in jail, or both; and may increase for second and subsequent convictions. The judge may also order participation in a drug counseling or education program, and community service. (R.I. Gen. Laws Ann. § 21-28-401(c)(1).)

Manufacture and Sale

Manufacturing or selling any amount of marijuana is illegal in Rhode Island.

• Up to one kilogram. Penalties include a fine of up to $3,000, up to 30 years in prison, or both. (R.I. Gen. Laws Ann. § 21-28-401(a)(1)&(4)(i).)
• One kilogram or more. Penalties include a fine of up to $500,000, up to 50 years in prison, or both. (R.I. Gen. Laws Ann. § 21-28-401(a)(5)&(b).)
• Selling to a minor. Selling marijuana to a minor who is at least three years younger than the seller is punishable with a fine of up to $10,000, between two and five years in prison, or both. (R.I. Gen. Laws Ann. § 21-28-4.07).)
• Selling marijuana near a school. Offenses that take place on or within 300 yards of a school or public park may incur up to twice the penalties described above (but prison time may not exceed a life sentence). (R.I. Gen. Laws Ann. § 21-28-4.07.1.)

Drug Paraphernalia

It is illegal to sell drug paraphernalia in Rhode Island. Paraphernalia includes items used in growing, harvesting, processing, selling, storing, or using marijuana. Penalties include a fine of up to $5,000, up to two years in jail, or both. (R.I. Gen. Laws Ann. § 21-28-5-2.).)

Stamp Tax

A stamp tax is a tax imposed on certain types of transactions (such as the transfer of property) that requires a stamp to be purchased and attached either to the item sold or to an instrument documenting the transaction (such as a deed). The federal government imposes stamp taxes on deeds, the issue and transfer of stocks and bonds, and on playing cards.

In Rhode Island, those who buy, transport, or import marijuana into Rhode Island are required to pay a stamp tax and place the stamp (proof of payment) onto the contraband. However, because the possession of marijuana is illegal, people typically don’t pay the stamp tax. If you are convicted for possession, you will also be liable for payment of the unpaid tax ($3.50 per gram or each portion of a gram). (R.I. Gen. Laws Ann. § 44-49-9.).)

The Value of Local Legal Representation

If you have been charged with a marijuana-related offense, consult an experienced criminal defense attorney. While the penalties and consequences of a marijuana charge are governed by statutory law, only a local criminal defense attorney can tell you how cases like yours tend to be handled by prosecutors and judges in your courthouse.