Possession of Controlled Substance Lawyer Rhode Island

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Possessing a controlled substance is a criminal offense in Rhode Island under the Uniform Controlled Substance Act. Under Rhode Island General Laws 21-28-4.01(c)(1), it is unlawful to knowingly or intentionally possess a controlled substance unless the substance was obtained directly through a valid prescription or by an order of a practitioner while they were acting under the course of their professional practice.

As experienced attorneys in Rhode Island, Ellison Law LLC has helped many clients avoid convictions under the drug laws in Rhode Island and avoid serious consequences under possession of a controlled substance.

What Are Controlled Substances In Rhode Island?

There are many substances included under the Uniform Controlled Substance Act. Rhode Island breaks down controlled substances based on five schedules of controlled substances. The five schedules or categories of controlled substances vary based on the substance’s potential for abuse, the substance’s accepted medical use in treatment in the United States, and the substance’s potential for physical or psychological dependence. Controlled substances are listed under Rhode Island General Laws 21-28-2.08 and include heroin, morphine, and oxycodone.

When Can You Be Charged With Possession Of A Controlled Substance in Rhode Island?

You can be charged with possession of a controlled substance in Rhode Island if you possess a controlled substance listed under Rhode Island General Laws 21-28-2.08 without a valid prescription or by an order from a practitioner while they were acting under the course of their professional practice.

What Are The Penalties For Possessing A Controlled Substance In Rhode Island?

With the exception of buprenorphine and marijuana, possession of ten grams or less of a controlled substance is a misdemeanor and could result in:

  • A fine of up to $500
  • A prison term of up to 2 years
  • Both a fine and imprisonment
  • Potential criminal conviction
  • Potential Probation

If you are charged with possession of more than ten grams but less than one ounce of a controlled substance in Rhode Island except for buprenorphine and marijuana, it is a felony criminal offense and could result in:

  • A fine of up to $5,000
  • A prison term of up to 3 years
  • Both a fine and imprisonment
  • Potential Felony conviction
  • Potential Probation

Because the Uniform Controlled Substance Act has many exceptions and nuances, it is important to work with an attorney who has experience working with the drug laws in Rhode Island like the attorneys at Ellison Law LLC.

Is It A Criminal Offense to Possess Marijuana In Rhode Island?

Rhode Island legalized recreational use of marijuana for adult use in 2022 under the Rhode Island Cannabis Act. There are some nuances to the law based on the amount you possess, whether you are in public or at home, and other factors.

Generally, if you are at least 21 years old and possess less than two ounces of marijuana, then you would not face criminal punishment, but you could face a civil penalty of $150 and forfeiture of the marijuana for the first two violations within 18 months. If you are at least 21 years old and possess more than two ounces of marijuana outside of your primary residence, then you could face a misdemeanor charge with penalties including prison time, fines, or both.

For more information about marijuana laws in Rhode Island, read more about Rhode Island’s marijuana laws or contact the experienced criminal defense attorneys at Ellison Law LLC.

What Should I Do If I’m Charged with Possession Of A Controlled Substance In Rhode Island?

There are many life-impacting consequences for a possession of a controlled substance conviction in Rhode Island, so it is strongly recommended to seek legal advice if you are facing this charge. The skilled attorneys at Ellison Law LLC have helped many clients navigate the legal system, fight possession of controlled substance charges, and avoid convictions and other serious results of a conviction. If you or someone you know has been criminally charged with possessing a controlled substance, contact us online or at 401-230-5520.

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