James P. Howe

Have you been charged in the State of Rhode Island with a Drug Offense?

Rhode Island and the Federal Government have laws against unlawful use, possession, distribution or production of certain drugs. These include cocaine, heroin, marijuana and amphetamines. The laws aim to reduce illegal drug use in Rhode Island and cut down on drug-related crimes.

There are five categories, or "schedules," of drugs based on their potential for dependency and abuse as compared with their therapeutic value. Schedule I controlled substances have the highest potential for dependency and no accepted medical use. Schedule V drugs have a low potential for dependency and accepted medical uses.

The most severe penalties for illegal possession, sale or manufacture of drugs involve those listed in Schedule I. The Attorney General has the authority to delete, add or reschedule drugs. Rhode Island State schedules refer to or are based on federal schedules.

Punishment

The punishment for drug crimes generally depends on:

• The quantity of the drug
• Its classification under the schedules
• The purpose of possession

The most serious drug crimes are:

• Producing illegal drugs
• Manufacturing drugs
• Selling drugs

Possession of drugs with the intent to distribute them is a serious crime. The Rhode Island Prosecutor can prove your intent to distribute drugs just by showing the quantity of the drug, without any evidence you actually distributed the drug.

In Rhode Island,possession of drugs for personal use is a serious crime. But in Rhode Island possession of drugs for personal use is punished less severely than distribution crimes. For example, possession of a small amount of marijuana (less than 50 grams) is decriminalized or treated as a disorderly person's offense. If there's a conviction, the punishment is often probation or a fine, and not prison. However, possessing larger amounts of illegal drugs, even for personal use, may be a serious crime.

Most minimum sentences range from one year in jail to three years in prison for first-time offenders. The minimum sentences for repeat offenders? Three to 12 years in prison.

Enhanced Punishment

Rhode Island has enhanced penalties for drug crimes. These apply if:

• Minors are used to distribute the drugs
• The drugs are delivered or sold to minors
• The drugs are sold or distributed near schools

You may also be in danger of "forfeiting" your property if you're convicted of a drug crime. For example, if your house is used to make and distribute drugs, the government may be able to seize it.

Professional Drug Dealers

Special laws cover professional drug dealers. A "drug kingpin," or a person organizing, financing or managing a business to manufacture, transport or sell drugs, commits a serious crime.

There are special sentences for professional drug dealers. Federal law even has the death penalty for drug kingpins. Some states impose 25 years in prison without parole for professional drug dealers.

Questions for Your Attorney

• Do I need a lawyer if I'm going to plead guilty to a drug crime charge?
• What are drug schedules?
• What are sentencing guidelines?

Contact us today by Email or call us today at  (401) 788-0600 to speak with a representative from our firm.