While the marijuana laws in Rhode Island have changed significantly over the past few years, there are still instances in which you can be arrested for possessing or selling this substance. Understanding what is legal and what is still criminalized is essential to ensure you don’t inadvertently break the law.
If you’ve been charged with a marijuana crime in Providence, RI, Manosh Payette Criminal Defense Attorneys can help. Our criminal defense legal team has 36 years of combined experience and has assisted clients with various drug crime charges.
Contact our law firm to schedule a free consultation at (401) 854-7794 with a skilled Providence marijuana crimes lawyer.
How Manosh Payette Criminal Defense Attorneys Can Help If You’ve Been Charged With a Marijuana Crime in Providence, RI
If you’re arrested for a marijuana crime in Providence, Rhode Island, Manosh Payette Criminal Defense Attorneys can be an indispensable ally.
Here’s how our Rhode Island criminal defense attorneys can help:
- We will thoroughly evaluate your case to determine the best legal strategies, identifying key defenses specific to marijuana crimes.
- Our team will negotiate with prosecutors seeking reductions or dismissals of charges when possible based on the circumstances of your arrest.
- If your case goes to trial, we are prepared and experienced in defending clients against marijuana-related accusations in court.
No matter what happens with your case, we are here to help you every step of the way. Contact us today for a free initial consultation with a Providence marijuana crimes attorney.
Overview of Marijuana Crimes in Rhode Island
The Rhode Island Cannabis Act, which took effect on May 25, 2022, marks a significant shift in the state’s approach to marijuana. Under the law, adults aged 21 and over can legally possess up to one ounce of marijuana personally and have as much as ten ounces at home. Individuals may also recreationally grow up to three mature cannabis plants and three immature plants privately at their residences.
While marijuana has been largely decriminalized for adults over 21 in Rhode Island due to this act, the state still imposes specific civil and criminal penalties relating to the possession and distribution of marijuana outside of what is legally permitted.
Civil Penalties
In the following situations, a person will experience civil penalties and be fined for marijuana possession:
- Possession of 1-2 ounces by a person aged 21 or older
- Possessing less than 2 ounces for individuals between 17 and 20
- Possession of paraphernalia by minors that would otherwise be legal for adults
Despite the broader acceptance of marijuana use under Rhode Island law, it’s important to remain vigilant and understand that there can still be consequences related to this substance.
Criminal Penalties
The state enforces harsher criminal penalties in some cases, including:
- Manufacturing, delivering, or possession with intent to sell marijuana
- Possessing more than 2 ounces in a place that is not your primary residence
- Possessing more than 10 ounces of marijuana in your primary residence
- Having more than the allowable plants is illegal, and having more than 25 plants is a felony
Despite recent legalization, Rhode Island remains strict on illicit marijuana activities.
What Are the Potential Penalties For Marijuana Crimes in Rhode Island?
In Rhode Island, penalties for marijuana crimes depend on the nature and severity of the offense. Distinctions between mere possession versus intent to sell and whether a violation is classified as civil or criminal play a significant role in determining consequences.
Potential penalties can include:
- Fines
- Driver’s license suspension
- Prison time, potentially up to life in prison in some cases
- Community service
- Drug counseling
- Participation in an education program
The penalties for marijuana crimes vary widely and rely heavily on the specifics of each case, including prior criminal history, which will lead to more severe consequences.
What Defenses Can Be Raised If I’m Arrested for a Marijuana Crime in Providence, Rhode Island?
If you’re arrested for a marijuana crime, there are several defense strategies that may be applicable to your case. Here are some common ones your Providence criminal defense lawyer may use:
Illegal Search and Seizure
Claiming illegal search and seizure argues that there was improper conduct by law enforcement during the collection of evidence. This could lead to its suppression if constitutional rights were violated.
No Possession
For a conviction of possession of marijuana, the prosecution must prove beyond a reasonable doubt that you were in possession of the substance. If they cannot sufficiently establish that the marijuana was on your person (actual possession) or that you had access to and control over where the marijuana was found (constructive possession), this defense could lead to an acquittal.
No Intent to Deliver
This defense hinges on proving that there was no intention to distribute or sell marijuana, thus arguing for a reduction to a simple possession charge.
Disputes Over the Actual Weight of Marijuana
The actual weight of marijuana can influence the severity of criminal charges. Therefore, challenging the accuracy or methodology used could lead to a reduction in charges or a not guilty verdict.
Building a strong defense against marijuana charges requires legal knowledge and strategy, which our team can help with.
If you find yourself facing marijuana-related charges in Providence, Rhode Island, knowing your legal rights and options is critical. At Manosh Payette Criminal Defense Attorneys, we are dedicated to providing strong legal representation to give you the best chance at a successful outcome.
Do not navigate this complex legal situation alone. Contact us today to schedule a free consultation with an experienced Providence marijuana crimes lawyer.
