Rhode Island Marijuana LawyerFew people are aware of the long-term consequences of a conviction for marijuana in Rhode Island. While you may not face serious criminal penalties for a first-time marijuana possession charge, the real consequences come later. Background checks have become a fact of life, and any drug crime conviction will harm you in numerous ways: in school, in employment and when renting an apartment. AVAILABLE 24/7 AT 401-228-8271 At the Marin, Barrett, and Murphy Law Firm, we are located RI Marijuana Lawyers in both downtown Providence and downtown Newport, Rhode Island. We defend individuals who are facing Rhode Island Marijuana Charges including: |
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Most Rhode Island Marijuana Charges are prosecuted in State Court. However, occasionally the United States Attorney’s Office may seek to prosecute certain clients in Federal Court. I also assist clients who are charged with those federal drug charges, which usually involve larger quantities of drugs and conspiracy charges. CHARGES: CHARGE: POSSESSION OF ONE KILOGRAM TO FIVE KILOGRAMS OF MARIJUANA CHARGE: POSSESSION OF MARIJUANA (FIRST OFFENSE) CHARGE: POSSESSION OF MARIJUANA (FIRST OFFENSE) CHARGE: POSSESSION OF MARIJUANA (FIRST OFFENSE) CHARGES: CRIMINAL CHARGES: CRIMINAL CHARGE: POSSESSION OF MARIJUANA (FIRST OFFENSE) CRIMINAL CHARGE: POSSESSION OF MARIJUANA (FIRST OFFENSE) CRIMINAL CHARGES: CHARGES:
CRIMINAL CHARGES:
CRIMINAL CHARGE: FELONY POSSESSION OF MARIJUANA WITH INTENT TO DELIVER
CRIMINAL CHARGE: POSSESSION OF MARIJUANA (1ST OFFENSE)
CRIMINAL CHARGE: POSSESSION OF MARIJUANA (1ST OFFENSE)
CRIMINAL CHARGES:
CRIMINAL CHARGES:
CRIMINAL CHARGE: SIMPLE POSSESSION OF MARIJUANA
CRIMINAL CHARGES:
CRIMINAL CHARGES:
CRIMINAL CHARGE: POSSESSION OF MARIJUANA (First Offense)
CRIMINAL CHARGE: POSSESSION OF MARIJUANA (FIRST OFFENSE)
CRIMINAL CHARGE: POSSESSION OF MARIJUANA (FIRST OFFENSE) Possession of Marijuana (first offense) is a misdemeanor criminal charge in Rhode Island. It is punishable by up to one year in prison, and/or between a $200-500 fine. Yet, just a few miles away in Massachusetts, possession of up to one ounce of marijuana is strictly a civil infraction; the consequence of which is a $100 fine. Rhode Island Marijuana Lawyer Matthew Marin defends those charged with drug charges including possession of marijuana, possession with intent to distribute marijuana, distribution of marijuana, delivery of marijuana, marijuana conspiracy, and trafficking marijuana throughout Rhode Island, including the following cities and towns: Block Island, Bristol, Burrillville, Central Falls, Charlestown, Coventry, Cranston, Cumberland, East Greenwich, East Providence, Exeter, Foster, Glocester, Hopkinton, Jamestown, Johnston, Lincoln, Little Compton, Middletown, Narragansett, Newport, New Shoreham, North Kingstown, North Providence, North Smithfield, Pawtucket, Portsmouth, Providence, Richmond, Scituate, Smithfield, South Kingstown, Tiverton, Warren, Warwick, Westerly, West Greenwich, West Warwick, Woonsocket. If you have been arrested in Rhode Island for marijuana or other drug charges, call immediately for a free initial consultation and case evaluation with an experienced RI Marijuana Attorney Matthew Marin is available 24/7 at (401) 228-8271.
DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter. Also, the Rhode Island Supreme Court licenses all lawyers in the general practice of law, but does not license or certify any lawyer as an expert or specialist in any field of practice.
If you are a first-time offender, Rhode Island offers deferred adjudication for many drug crimes. If you successfully complete this program, the charges will be dismissed. Following the dismissal, we can then seek expunge and clear your criminal record.
If deferred adjudication is not available for you, we will prepare an aggressive defense. We go to trial often and will do everything we can to get the drug charges dismissed or obtain a not-guilty verdict. Among the issues we will address are:
• Was the search and drug seizure legal?
• Were the warrants executed correctly?
• Was the surveillance done properly?
• Were wiretaps done properly?
• Were the drugs tested properly to determine they were an illegal substance?
• Was a cutting agent used?
Free Case Evaluation: To discuss your Rhode Island marijuana charges with an experienced and aggressive Rhode Island Marijuana Lawyer, call 401-228-8271. I am available 24 hours a day, seven days a week.
**Past Case Results to Not Guarantee
a Particular Result in Your Case**
(1) SIMPLE POSSESSION OF MARIJUANA
(2) OBSTRUCTION OF A POLICE OFFICER
POLICE REPORT: The Police were on routine patrol in the early morning hours when they came upon a running vehicle pulled off to the side of the road. Upon approaching the vehicle, the Police identified the Client seated in the passenger seat as the only occupant of the vehicle. While speaking with the Client, the Police detected the strong odor of freshly burnt mariuana emanating from within the vehcile. The Police asked the Client if he had any illegal narcotics within the vehicle and the Client turned over a small baggie containing marijuana. In futher conversation with the Client, the Police inquired as to whom had driven the vehicle to this location and the Client told them that it was his friend. When the Police asked for the friends number, the Client provided the Police with a fake number. Based on their investigation, the Client was charged with simple possession of marijuana and obstruction of justice.
RESULTS: BOTH CHARGES DISMISSED on 1/28/13
**Past Case Results to Not Guarantee
a Particular Result in Your Case**
POLICE REPORT: The Client was a medical marijuana caregiver for two patients with debilitating medical conditions. After months of cultivating eighteen marijuana plants, the plants had matured and were harvested. The plants were placed into two trash bags and transported to another location for curing. During the transport, the vehicle containing the marijuana was involved in a car accident and the police were called. Upon their arrival, the police discovered the marijuana and began a criminal investigation. The Client provided the police with his two Rhode Island medical marijuana caregiver registry identification cards. The police seized the marijuana and identified nearly 72 ounces (4.5 pounds) of buds and leaves. Believing the Client was in excess of the statutory limits for medical marijuana caregivers, the police charged him with felony possession of one kilogram to five kilograms of marijuana (carrying up to 50 years in prison).
RESULT: DISMISSED after a probable cause hearing on 12/13/12
POLICE REPORT: Campus Security responded to a call by a Resident Advisor who reported smelling marijuana burning within the dorm. When Campus Security arrived, they were able to locate the room where the smell was originating. Upon entering the room, Campus Security searched the Client’s belongings and located a small amount of marijuana. The Client was later located and charged with possession of marijuana (first offense).
RESULT: DISMISSED on 12/12/12
POLICE REPORT: The Client was riding as a passenger in a vehicle on Route 95 North when the vehicle was stopped for speeding. When the officers approached the vehicle, they detected the odor of marijuana emanating from within the vehicle. The Officer asked the occupants if there were any drugs in the vehicle, and the Client handed the officer a small amount of marijuana. The Client was then asked to exit the vehicle and charged with possession of marijuana (first offense).
RESULT: DISMISSED on 12/12/12
POLICE REPORT: The Police were on routine patrol when they observed the Client's vehicle traveing at 48 mph in a 40 mph zone. The police initiated a traffic stop and approached the vehicle. Upon approaching the vehicle, the Police Officer detected a strong armoa of what he believed to be marijuana. The Officer asked the Client if there were any narcotics inside the vehicle. The Client indicated that he had marijuana in the center console of the vehicle. The Officer searched the vehicle and found a bag containing suspected marijuana. The contents of the bag field tested positive for marijuana and the Client was then arrested and charged with simple possession of marijuana, first offense.
RESULT: DISMISSED on 9/6/12
(1) POSSESSION WITH INTENT TO DISTRIBUTE MARIJUANA
(2) DELIVERY OF MARIJUANA TO A POLICE AGENT
(3) FELONY CONSPIRACY TO VIOLATE THE CONTROLLED SUBSTANCES ACT
POLICE REPORT: The Police obtained information, from individuals involved in a recent arrest, that the Client was supplying large quantities of marijuana throughout the area. The individuals informed the police that the most recent delivery had occurred two days prior. Based on this information, the Police attempted to set up the Client by stopping the vehicle in which he was traveling the next morning, purportedly en route to another delivery. Upon stopping the vehicle, Police identified the Client as the passenger and located two ounces of marijuana on his person. The Client was able to produce a valid Rhode Island Medical Marijuana Patient card. Ignoring the Client’s medical and legal possession o f the two ounces of marijuana, the local Police charged the Client with possession with intent to distribute the marijuana on his person, delivery of marijuana to a police agent for the delivery that had occurred the two days prior, and felony conspiracy to violate the controlled substances act.
RESULT:
(1) REDUCED TO SIMPLE POSSESSION OF MARIJUANA and case Filed for one year (no conditions) on 8/1/12
(2) DISMISSED
(3) DISMISSED
(1) POSSESSION OF MARIJUANA (FIRST OFFENSE)
(2) DRIVING IN POSSESSION OF A CONTROLLED SUBSTANCE
POLICE REPORT: Police on routine patrol observed a vehicle make an illegal u-turn and halted the vehicle. Upon speaking with the Client who was operating the vehicle, the police identified the odor of marijuana emanating from within the vehicle and inquired as to whether the Client had any marijuana within the vehicle. The Client confessed and informed the police that there was marijuana within the vehicle. The vehicle was then searched and slightly over one ounce of marijuana was located within the vehicle. The Client was charged with simple possession of marijuana (first offense) and driving in possession of a controlled substance.
RESULT: DISMISSED on 3/22/12 after Defense submitted a Motion to Dismiss Based on the Affirmative Defense of the Medicinal Use of Marijuana
POLICE REPORT: The Client stopped at a convenience store to pick up a friend and give her a ride home. While waiting at the convenience store a Police cruiser arrived for an argument that was taking place in the parking lot. As the Officer passed by the Client’s vehicle he detected an odor of marijuana emanating from within the vehicle. The Officer approached the Client and asked him if he had any marijuana in the car, to which the Client responded “Ya, a little bit.” The Client then handed over 2-3 grams of marijuana. The Client was then arrested and charged with simple possession of marijuana, first offense.
RESULT: DISMISSED on 2/27/12
POLICE REPORT: The Client was driving home late at night after getting off from work. As her motor vehicle passed two stationary police cruisers, the Police pulled her over for failing to use a turn signal when changing lanes. As the Police Officer approached the window, he detected the odor of marijuana emanating from inside the vehicle. The Officer asked the Client if she had anything illegal in the vehicle and the Client handed the Officer a small amount of marijuana. The Client was then arrested and charged with simple possession of marijuana, first offense.
RESULT: DISMISSED on 2/17/12
(1) POSSESSION OF MARIJUANA (FIRST OFFENSE)
(2) MISDEMEANOR SHOPLIFTING
POLICE REPORT: The Client was shopping at a local retail store. While within the store, store security allegedly witnessed the Client taking items off the shelves and placing them within his backpack. The Client then proceeded to the register to checkout and while in line at the register decided to return back into the store. While returning back into the store, the Client was stopped by store security and the local police department. Inside the Client's backpack store security located several items taken from inside the store. The Client was charged with misdemeanor shoplifting. While being processed, the Client was patted down and a small bag containing marijuana was located in his pocket. The Client was then also charged with simple possession of marijuana.
RESULT: ALL CHARGES DISMISSED on 2/14/12
(1) POSSESSION WITH INTENT TO DISTRIBUTE MARIJUANA
(2) FELONY CULTIVATION OF MARIJUANA
(3) FELONY CONSPIRACY TO VIOLATE THE CONTROLLED SUBSTANCES ACT
POLICE REPORT: A local police department received information that suspicious narcotics activity was occurring at a residence in town. The police took up surveillance over the suspect house and witnessed an indoor grow facility operating from within the basement. The electrical bills for the house were obtained and confirmed that an extremely high amount of electricity was being utilized at the residence. A thermal imaging scan was done of the home and verified that an extremely high amount of heat was emanating from the basement. Based on the information obtained, the police executed a search warrant on the home. From within the home the police discovered an indoor grow of marijuana consisting of 44 marijuana plants and a sophisticated indoor hydroponics grow operation. Based on the evidence discovered from within the home the Client, a resident, was charged with possession with intent to distribute marijuana, felony cultivation of marijuana, and felony conspiracy to violate the controlled substances act.
RESULT:
(1) REDUCED TO SIMPLE POSSESSION OF MARIJUANA and case Filed for one year (no conditions) on 1/25/12
(2) DISMISSED
(3) DISMISSED
**Past Case Results to Not Guarantee
a Particular Result in Your Case**
(1) SIMPLE POSSESSION OF MARIJUANA (FIRST OFFENSE)
(2) POSSESSION OF WEAPON OTHER THAN FIREARM
POLICE REPORT: The Police observed the Client operating his motor vehicle with a brake light out. The Police stopped the Client and upon speaking with the Client they detected the distinct odor of marijuana emanating from the vehicle. The Police also observed a chain with two large metal rivets attached to each end which they immediately identified as a chained weapon. The Police questioned the Client regarding the odor of marijuana. The Client informed them that he was a medical marijuana card holder and had marijuana within the vehicle. The Police weighed the suspected marijuana within the vehicle and weighed nearly three and one half ounces. The Police arrested the Client and charged him with simple possession of marijuana (first offense) and possession of weapons other than firearm.
RESULTS: ALL CHARGES DISMISSED on 9/30/11
POLICE REPORT: Campus security responded to a suite at a local college when a Resident Advisor reported the strong odor of burnt marijuana emanating from the suite. Upon arrival at the suite, campus security encountered the Client and began questioning him. After campus security threatened to search the room, the Client turned over 55 grams of marijuana, plastic baggies and a digital scale to campus security. The local police were called and charged the Client with felony possession with intent to deliver marijuana.
RESULT: AMENDED TO SIMPLE POSSESSION OF MARIJUANA and Filed for 1 year on 9/20/11
POLICE REPORT: Client, a local college student, was with friends in his dorm room. The R.A. responded to the dorm room in response to an odor of marijuana coming from the room. Once inside, both the Client and his friend provided the R.A. with the marijuana and took responsibility for it as theirs. The local police department was called and the Client was charged with simple possession of marijuana, first offense.
RESULT: DISMISSED on 7/6/11
POLICE REPORT: Police arrived at the Client’s residence to conduct a probation compliance check. As they searched the residence, the Police observed several jars of suspected marijuana in the kitchen. The Client provided the Police with his Rhode Island Medical Marijuana Patient Registry Identification Card. The Police then weighed the suspected marijuana and measured approximately three and one half ounces (3.5), nearly one ounce over the limit that medical marijuana patients are permitted to possess. The Client was subsequently charged with possession of marijuana, first offense.
RESULT: DISMISSED ON THE DAY OF TRIAL on 6/23/11
(1) POSSESSION WITH INTENT TO DELIVER MARIJUANA
(2) DISTRIBUTION OF A CONTROLLED SUBSTANCE WITHIN A SCHOOL ZONE
(3) CULTIVATION OF MARIJUANA
POLICE REPORT: A neighbor reported a noise disturbance at an upstairs apartment. Upon approaching the apartment door, the Police detected a strong odor of marijuana emanating from within the apartment. The Police knocked on the door and the Client opened the door in reply. When the door was opened, the Police observed marijuana and evidence of marijuana cultivation in plain view. The Police then entered the apartment and seized two mature marijuana plants, planting material, and other marijuana cultivation tools. The Client was charged with possession with intent to deliver marijuana, distribution of a controlled substance within a school zone, and cultivation of marijuana.
RESULTS:
(1) REDUCED TO SIMPLE POSSESSION OF MARIJUANA and Filed for 1 year
(2) DISMISSED
(3) DISMISSED on 6/14/11
(1) POSSESSION OF MARIJUANA (First Offense)
(2) DRIVING IN POSSESSION OF A CONTROLLED SUBSTANCE
POLICE REPORT: A local resident called 911 to report s suspicious vehicle in a parking lot in the evening. Police responded and approached the vehicle. As the Police approached the vehicle, they observed numerous individuals acting suspiciously. Upon speaking with the operator, the Client, the Police Officer immediately observed a strong odor of freshly burnt marijuana emanating from the interior of the vehicle. All occupants were asked to exit, and during a search of the car the police were able to locate a bag of marijuana on the floor underneath the drivers seat. The Client was charged with simple possession of marijuana (first offense).
RESULTS: ALL CHARGES DISMISSED on 5/10/11
POLICE REPORT: Client, an out-of-state college student, was visiting a relative at a local Rhode Island college. While in a dorm room, an R.A. detected the odor of marijuana emanating from the dorm room. The R.A. knocked and then entered the dorm room. The client admitted that the marijuana that was in plain view on the coffee table was his. The police were called and the Client was charged with simple possession of marijuana (first offense).
RESULTS: DISMISSED on 5/4/11
(1) POSSESSION OF MARIJUANA (First Offense)
(2) TRANSPORTATION OF ALCOHOL BY A MINOR
(3) SPEEDING (21 mph Over the Limit)
POLICE REPORT: A local police officer was posted on a stationary traffic radar post when the Client's vehicle approached at a high rate of speed measured by radar at 71 mph in a 50 mph zone. The vehicle was stopped and as the Officer approached he noticed small objects being thrown from the passengers side of the vehicle. At the window, the Officer could detect a strong odor of marijuana emanating from inside the vehicle. All occupants were removed from the vehicle and a subsequent search of the vehicle the Officer located marijuana, a bowl with marijuana residue, beer and a bottle of vodka. The Client, who was operating the vehicle, was arrested and charged with simple possession of marijuana and transportation of alcohol by a minor.
RESULTS: ALL CHARGES DISMISSED on 4/14/11
(1) POSSESSION OF MARIJUANA (First Offense)
(2) DRIVING IN POSSESSION OF A CONTROLLED SUBSTANCE
POLICE REPORT: The Client was stopped while driving for a minor motor vehicle infraction. Upon approaching the vehicle, the Officer detected a strong odor of freshly burnt marijuana emanating from the interior of the vehicle. The Officer asked the Client to exit the vehicle and pat frisked him for Officer safety. After frisking the Client, the Officer asked the Client if he had anything illegal in his possession. The Client responded that he had a bag of marijuana on his person which the Officer then located. The suspected marijuana field tested positive and the Client was arrested and charged with simple possession of marijuana (first offense) and driving in possession of a controlled substance.
RESULTS: BOTH CHARGES DISMISSED on 4/8/11
POLICE REPORT: Campus Security was notified of an odor of marijuana emanating from a dorm suite. When the Campus Security arrived at the room, they also noticed the strong odor of burnt marijuana emanating from the dorm suite. Campus Security knocked and entered the room. Marijuana and smoking implements were clearly visible on the coffee table as Campus Security entered the dorm room. The occupants were asked who was responsible for the marijuana, and the Client admitted possessing the marijuana. The local police were summonsed and the suspected marijuana was field tested positive. The Client was charged with simple possession of marijuana (first offense).
RESULT: DISMISSED on 3/23/11
POLICE REPORT: Police were called to a local high school house party by a concerned parent. When the Police arrived, they allegedly witnessed the Defendant and another individual standing on the front porch of the house, each with one hand holding a bag of suspected marijuana. The Police approached and seized the suspected marijuana. The substance field tested positive for marijuana and the Client was arrested for possession of marijuana, first offense.
RESULT: DISMISSED on 2/16/11
POLICE REPORT: Client was driving and had to pull her vehicle over because her passenger was sick. While the vehicle was stopped a police cruiser pulled up behind the Client. The Officer approached and spoke with the Client. While they were speaking the Officer detected a strong odor of freshly burnt marijuana. The Client was asked if there was any marijuana within the car. The Client admitted to possessing marijuana and handed the Officer a small bag containing suspected marijuana. Police then charged the Client was possession of marijuana, first offense.
RESULT: DISMISSED on 2/11/11
RI MARIJUANA LAWYER DEFENSE STRATEGIES
Depending upon the facts and circumstances of the individual case, a skilled Rhode Island Marijuana Attorney can identify legal and factual defenses in the State’s case which can be used to negotiate and possibly convince the State to dismiss the charges. Some of the legal areas in which many defenses arise in marijuana cases include:
Automobile Search and Seizure Law
The Constitutionality of automobile search and seizure law under the United States Constitution was drastically changed in 2009 due to the United States Supreme Court’s decision rendered in Arizona v. Gant. Many in law enforcement personnel as well as lawyers who rarely practice in Rhode Island’s criminal courts remain unaware of the broad and sweeping protections that this decision provides those in automobiles.
Search Warrant Issuance and Execution
The issuance and execution of a search warrant may appear to be a daunting battle. However, there are many legal avenues whereby experienced defense lawyers can attack search warrants. The search warrant must be issued under the strict confines of Rhode Island Statutory and United States Constitutional Law. Second, the police must execute the search warrant in strictly in accordance to its terms.
Medical Marijuana Law and Defenses
Given the recent changes in the societal view of marijuana and its use for medicinal purposes, those with Licenses for Medical Marijuana and those that self-medicate for due to legitimate and serious medical problems can and should be treated differently. The Court’s are beginning to recognize that some individuals can be positively benefited by the medicinal use of marijuana and a skilled Rhode Island Marijuana lawyer can effectively advocate those reasons.
Illegal Pat Down / Frisk Searches
Oftentimes, police believe that they can search any person at any time for any reason. Oftentimes, because the police act so confident individuals mistakenly believe that the police have the authority to conduct the searches they initiate. Just because you have been found to have illegal drugs on your person does not mean that the evidence is admissible. If the illegal narcotics are not admissible, then they cannot be used against you in court and you cannot be convicted. Experienced criminal defense lawyers know the inside and outs of pat down and Terry-frisk searches and whether the police have overstepped their boundaries.
First Offense Simple Possession of Marijuana
Rhode Island General Law: Section 21-28-4.01(c)(2)(ii)
A controlled substance classified in schedule I as marijuana is guilty of a misdemeanor and upon conviction may be imprisoned for not more than one year or fined not less than two hundred dollars ($200) nor more than five hundred dollars ($500), or both.
Second Offense Simple Possession of Marijuana
Rhode Island General Law: Section 21-28-4.11(A)
Any person convicted of a second offense under this chapter may be imprisoned for a term up to twice the term authorized, fined an amount up to twice that authorized, or both.
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