Rhode Island Must Treat Drug Addiction as a Health Issue — Not a Crime

Rhode Island is in the middle of an addiction epidemic, yet our court system continues to respond with the same outdated approach: treating addiction as a criminal problem instead of a medical one. Earlier this month, I publicly addressed this in an OpEd published in the Providence Journal, speaking out about the real-world consequences our clients face when substance use is handled through arrests and jail sentences instead of treatment and support.

What I wrote then is even more urgent now: our legal system is still criminalizing addiction — and it is costing people their freedom, their families, their housing, and sometimes their lives.

The truth behind “misdemeanor” drug possession in Rhode Island

Rhode Island recently reclassified simple possession as a misdemeanor. On paper, that sounds like progress. In practice, nothing has changed for the people standing in front of judges every day.

People with substance-use disorder are still being:

• Arrested for very small amounts clearly intended for personal use

• Violated on probation for relapsing

• Held in jail when what they actually need is treatment

• Losing employment, housing, and child-custody stability

• Trapped in a cycle of relapse, arrest, and incarceration

A “misdemeanor” can still derail someone's entire life. Labeling it differently doesn't change the outcome.

Addiction is a disease — jail is not treatment

As Rhode Island criminal-defense attorneys practicing for two decades, we have seen firsthand how the current approach harms individuals, families, and entire communities.

Addiction is a health condition driven by trauma, mental-health struggles, genetics, and environmental stressors. It requires:

• Medical care

• Stabilization

• Therapy and recovery supports

• Safe housing

• Continuity of treatment

None of this occurs in a jail cell.

When someone is suffering from a chronic illness, we don't respond by taking away their home, job, or stability. Yet that is exactly what happens to Rhode Islanders struggling with addiction every single day.

The gap between political rhetoric and courtroom reality

There is a disconnect between public messaging and what actually happens in courtrooms across the state.

We are frequently told that Rhode Island “no longer criminalizes addiction.”
But if you walk into any courthouse, you will hear prosecutors asking for jail in simple possession cases — cases involving nothing more than relapse, withdrawal, or survival.

If we want to claim progress, we must measure progress honestly:

• Not by legislative headlines

• Not by political speeches

• But by the lived experience of the people standing before the court

Right now, the lived experience is clear: addiction is still being punished instead of treated.

Real solutions require real reform

Here is what meaningful change would look like in Rhode Island:

1. Stop seeking incarceration in simple possession cases

Addiction should trigger a referral to treatment, not a jail request.

2. Expand access to community-based treatment

Available treatment beds matter more than courtroom rhetoric.

3. Invest in harm-reduction strategies

Narcan availability, safe-use education, and support networks save lives.

4. Recognize relapse as part of recovery

Relapse should lead to support, not surveillance.

5. Build a system that keeps people housed, employed, and connected

Stabilizing someone's life is the most effective form of public safety.

If your loved one is facing a drug possession charge in Rhode Island

You don't have to navigate this alone. The consequences can be severe, especially for people already struggling with substance-use disorder.

Our firm helps families:

• Access treatment-based alternatives

• Protect housing and employment

• Avoid probation violations

• Present mitigation rooted in addiction science

• Navigate the court process with dignity and compassion

Talk to an attorney today.