Robert L. Lombardo is a member of the NORML Legal Committee
and specializes in medical marijuana laws.
Even though the medical marijuana laws in RI have been in effect since 2006, the recent developments in Rhode Island regarding medical marijuana and the US Attorney's actions in other states across the country are changing the regulatory landscape almost daily. On Monday, May 2, 2011, the Governor of Rhode island put a halt to the medical marijuana dispensaries program after being harshly warned by the federal government that they intend to pursue charges against such compassion centers.
If you or a loved one has been arrested for a marijuana related crime, if you are a patient or an administrator of a medical marijuana program in Rhode Island, it is imperative that you seek experienced counsel. You can count on Robert L. Lomardo to competently advise and assist you with respect to every business-related necessity, as well as defense from criminal prosecution, should that ever be necessary.
A first offense possession of marijuana charge in Rhode Island is a misdemeanor. A conviction can lead to a permanent criminal record, hours of community service, thousands of dollars in fines and legal fees, and up to one year of probation.
A criminal conviction on your record can result in loss of job or occupational licenses, as well as limit your future employment opportunities. It can keep you from opening a credit account, securing a mortgage, even renting an automobile. You may be unable to qualify for certain types of government assistance, including financial aid for college. Robert L. Lomardo 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.
In 2001, the Rhode Island UCR reported:
* Over 81 percent of all juvenile arrests for drug possession were marijuana-related
* 53 percent of adult arrests for drug possession
* More arrests for possession of marijuana than with possession of any other illicit drug
Marijuana is still illegal under federal law and patients, growers, buyers and sellers, continue to face the potential for criminal prosecution on a number of fronts. Defendants can still face federal prosecution, even if they are in compliance with Rhode Island state law. In 2010, the Obama Administration issued a directive to federal authorities and federal prosecutors, ordering them not to pursue marijuana charges in cases where medical marijuana is legal under state law. But things are rapidly changing and the federal government recently raided dispensaries and greenhouses in Washington, California and Montana, destroying property and medical cannibis.
If you are facing criminal charges such as narcotics or Marijuana possession, intent, cultivation, sale, distribution, or delivery in Barrington, Cranston, Cumberland, East Greenwich, Jamestown, Middletown, Narragansett, Newport, North Kingston, Pawtucket, Portsmouth, Providence, South Kingston, Tiverton, Wakefield, Warwick, or Woonsocket, Rhode Island, contact Robert L. Lomardo today for a free and confidential consultation to discuss your rights at 401-314-6532.
* UCR aka Uniform Crime Report by the Rhode Island State Police
Penalties for Possession of Marijuana
* Possession of Less than 1 kilogram ~ Considered Misdemeanor Possession of Marijuana and is punishable by up to one year in jail and a fine of $200 - $500. If you receive a sentence of probation with no imprisonment, the offender is required to undergo a drug abuse evaluation, attend a drug education course and perform up to 100 hours of community service.
* Possession 1 kilogram to 5 kilograms of Marijuana ~ Considered felony marijuana possession and comes with the penalty is a mandatory minimum sentence of ten years (10) in prison with a maximum of 50 years and a fine of $10,000 - $500,000.
* Possession of More than 5 kilograms of Marijuana ~ Considered felony marijuana possession and the penalty is a mandatory minimum sentence of twenty years (25) in prison with a maximum of life in prison and a fine of $25,000 - $100,000
* Sale or possession within 300 yards of a school, public park or playground doubles the possible penalties.
* If caught driving while in possession of marijuana this is penalized by automatic suspension of the offender's driver's license for six months for the first offense and for one year for subsequent offenses.
* For sentences of probation with no imprisonment, the offender is required to undergo a drug abuse evaluation, attend a drug education course and perform 100 hours of community service.
Penalties for Sale or Cultivation of Marijuana: ALL ARE FELONY CRIMES
* Manufacture or delivery of less than 1 kilogram of Marijuana ~ Manufacture or delivery of less than one kilogram of marijuana is punishable by up to 30 years in prison and a fine of $3,000 - $100,000.
* Manufacture or delivery of 1 kilogram to 5 kilograms of Marijuana ~ For five kilograms or less, the penalty is a mandatory minimum sentence of ten years in prison with a maximum of 50 years and a fine of $10,000 - $500,000.
* Manufacture or delivery of 5 kilograms of Marijuana ~ For more than five kilograms, the penalty is a mandatory minimum sentence of twenty years in prison with a maximum of life in prison and a fine of $25,000 - $100,000.
* Delivery to a minor at least three years younger than the offender adds an additional 2 - 5 years in prison and a fine up to $10,000.
* Sale or possession within 300 yards of a school, public park or playground doubles the possible penalties.
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