Rhode Island Marijuana Defense Lawyer
Rhode Island Marijuana Defense
Marijuana is clearly the most common drug people are arrested for using or selling in Rhode Island. Attorney Michael J. Zarrella defends clients throughout the entire state of Rhode Island and the Providence area charged with marijuana possession, delivery of marijuana, and possession of marijuana for sale offenses. Attorney Zarrella understands drug laws, the criminal process, and is experienced in providing individuals accused of a drug crime with an uncompromising criminal defense.
If you are charged with possession of Marijuana in Rhode Island, it is imperative that you retain a criminal lawyer who understands not only the law, but also the justice system.
Experienced Marijuana Possession Defense - Rhode Island
As an experienced drug crime defense lawyer, Attorney Zarrella has successfully defended hundreds of clients charged with marijuana possession or marijuana related crimes. He will provide you with an aggressive defense and protect your constitutional rights. He is a tough criminal defense attorney who holds prosecutors to their burden of proof and fights to get his client charges dismissed or reduced whenever possible.
Marijuana Crimes
Possession of Marijuana (personal use)
Possession of Marijunna frist offense in Rhode Island is a misdemeanor, that carries a sentence of up to one year in jail and a $500 fine. Generally in Rhode Island, no jail time is imposed for a first offense strictly involving possession of marijuana. However, a person charged with possession of marijuana after being prevously convicted of a drug charge will face a felony carrying a sentence of up to one year in jail. This is why it is so importantant to get possession of marijuana dismissed or plead to a sentence that is not a conviction.
Delivery of Marijunna, Possession of Marijunna with Intent to Deliver, Manufacture of Marijunna
If you are convicted of delivery of marijunna, possesion with the intent to deliver marijunna, or manufacturing marijunna, you could be looking at jail time even if you have no record.
You need a lawyer that will find a way to defeat the charges against you. The are many ways to prevent you from going to jail on marijunna charges, but you need a marijunna lawyer with the fortitude, experience, and know-how to get this accomplished.
Defending Your Marijuana Case
Depending on the particular facts of your marijuana case, certain defenses may be utilized to force the prosecutor to drop or reduce the charges. In many cases, an experienced drug and marijunna defense attorney can move to exclude or suppress any evidence in your case that was obtained in violation of the constitution. Additionally, if the evidence is insufficient to show either actual or constructive possession of marijuana, good marijuana attorneys can move to dismiss the criminal charges.
Attorney Zarrella will often pursue the following types of defenses in your case:
- Lack of legal or probable cause to stop, search, or arrest you;
- Lack of evidence to show constructive possession of marijunna;
- Lack of sufficient evidence to show active possession of marijunna; and
- Violations of rules related to arrest or search warrant execution.
Rhode Island MarijuanaPenalties
- Possession of Less than 1 kilogram of Marijuana in RI
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 of Marijunna with Intent to Deliver, Manufacture of Marijunna or Delivery of Marijuanna
Manufacture or delivery of marijuana is punishable by up to 30 years in prison and a fine of $3,000 - $100,000.
- Possession 1 kilogram to 5 kilograms of Marijuana in RI
Considered felony marijuana possession and comes with the penalty of a mandatory minimum sentence of ten years (10) in prison with a maximum of 50 years and a fine of $10,000 - $50,000.
- Possession of More than 5 kilograms of Marijuana in RI
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.
ARTICLE 21-28-4.01
Offenses and Penalties
SECTION 21-28-4.01
§ 21-28-4.01 Prohibited acts A – Penalties. – (a) Except as authorized by this chapter, it shall be unlawful for any person to manufacture, deliver, or possess with intent to manufacture or deliver a controlled substance.
(2) Any person who is not a drug addicted person, as defined in § 21-28-1.02(18), who violates this subsection with respect to a controlled substance classified in schedule I or II, except the substance classified as marijuana, is guilty of a crime and upon conviction may be imprisoned to a term up to life, or fined not more than five hundred thousand dollars ($500,000) nor less than ten thousand dollars ($10,000), or both.
(3) Where the deliverance as prohibited in this subsection shall be the proximate cause of death to the person to whom the controlled substance is delivered, it shall not be a defense that the person delivering the substance was at the time of delivery, a drug addicted person as defined in § 21-28-1.02(18).
(4) Any person, except as provided for in subdivision (2) of this subsection, who violates this subsection with respect to:
(i) A controlled substance classified in schedule I or II, is guilty of a crime and upon conviction may be imprisoned for not more than thirty (30) years, or fined not more than one hundred thousand dollars ($100,000) nor less than three thousand dollars ($3,000), or both;
(ii) A controlled substance classified in schedule III or IV, is guilty of a crime and upon conviction may be imprisoned for not more than twenty (20) years, or fined not more than forty thousand dollars ($40,000), or both; provided, with respect to a controlled substance classified in schedule III(d), upon conviction may be imprisoned for not more than five (5) years, or fined not more than twenty thousand dollars ($20,000), or both.
(iii) A controlled substance classified in schedule V, is guilty of a crime and upon conviction may be imprisoned for not more than one year, or fined not more than ten thousand dollars ($10,000), or both.
(b) Except as authorized by this chapter, it is unlawful for any person to create, deliver, or possess with intent to deliver, a counterfeit substance.
(2) Any person who violates this subsection with respect to:
(i) A counterfeit substance classified in schedule I or II, is guilty of a crime and upon conviction may be imprisoned for not more than thirty (30) years, or fined not more than one hundred thousand dollars ($100,000), or both;
(ii) A counterfeit substance classified in schedule III or IV, is guilty of a crime and upon conviction may be imprisoned for not more than twenty (20) years, or fined not more than forty thousand dollars ($40,000), or both; provided, with respect to a controlled substance classified in schedule III(d), upon conviction may be imprisoned for not more than five (5) years, or fined not more than twenty thousand dollars ($20,000) or both.
(iii) A counterfeit substance classified in schedule V, is guilty of a crime and upon conviction may be imprisoned for not more than one year, or fined not more than ten thousand dollars ($10,000), or both.
(c) It shall be unlawful for any person knowingly or intentionally to possess a controlled substance, unless the substance was obtained directly from or pursuant to a valid prescription or order of a practitioner while acting in the course of his or her professional practice, or except as otherwise authorized by this chapter.
(2) Any person who violates this subsection with respect to:
(i) A controlled substance classified in schedules I, II and III, IV, and V, except the substance classified as marijuana, is guilty of a crime and upon conviction may be imprisoned for not more than three (3) years or fined not less than five hundred dollars ($500) nor more than five thousand dollars ($5,000), or both;
(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.
(3) Additionally every person convicted or who pleads nolo contendere under paragraph (2)(i) of this subsection or convicted or who pleads nolo contendere a second or subsequent time under paragraph (2)(ii) of this subsection, who is not sentenced to a term of imprisonment to serve for the offense, shall be required to:
(i) Perform, up to one hundred (100) hours of community service;
(ii) Attend and complete a drug counseling and education program as prescribed by the director of the department of mental health, retardation and hospitals and pay the sum of four hundred dollars ($400) to help defray the costs of this program which shall be deposited as general revenues. Failure to attend may result after hearing by the court in jail sentence up to one year;
(iii) The court shall not suspend any part or all of the imposition of the fee required by this subsection, unless the court finds an inability to pay;
(iv) If the offense involves the use of any automobile to transport the substance or the substance is found within an automobile, then a person convicted or who pleads nolo contendere under paragraphs (2)(i) and (ii) of this subsection shall be subject to a loss of license for a period of six (6) months for a first offense and one year for each offense after this.
(4) All fees assessed and collected pursuant to paragraph (3)(ii) of this subsection shall be deposited as general revenues and shall be collected from the person convicted or who pleads nolo contendere before any other fines authorized by this chapter.
(d) It shall be unlawful for any person to manufacture, distribute, or possess with intent to manufacture or distribute, an imitation controlled substance. Any person who violates this subsection is guilty of a crime, and upon conviction shall be subject to the same term of imprisonment and/or fine as provided by this chapter for the manufacture or distribution of the controlled substance which the particular imitation controlled substance forming the basis of the prosecution was designed to resemble and/or represented to be; but in no case shall the imprisonment be for more than five (5) years nor the fine for more than twenty thousand dollars ($20,000).
(e) It shall be unlawful for a practitioner to prescribe, order, distribute, supply, or sell an anabolic steroid or human growth hormone for: (1) enhancing performance in an exercise, sport, or game, or (2) hormonal manipulation intended to increase muscle mass, strength, or weight without a medical necessity. Any person who violates this subsection is guilty of a misdemeanor and upon conviction may be imprisoned for not more than six (6) months or a fine of not more than one thousand dollars ($1,000), or both
Hire Attorney Michael J. Zarrella Marijuanna Defense Lawyer Today.