As reported by Amanda Milkovits in the December 1, 2011 edition of the Providence Journal, a man was arrested by the Pawtucket Police Department for possession of marijuana and possession of a firearm. The police were investigating another crime, when they found the man. Although he had a caregiver license to grow medical marijuana, the man was found with almost fourteen (14) pounds of marijuana. Under state law, a license only permits possession of five (5) ounces of marijuana.
Pursuant to Rhode Island General Laws 21-28-4.01, possession of marijuana is defined as 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. Such a charge is considered misdemeanor possession of marijuana.
However, based on the amount of marijuana found, the man was charged with felony possession of marijuana. Pursuant to R.I.G.L. 21-28-4.01.1:
Except as authorized by this chapter, it shall be unlawful for any person to manufacture, sell, or possess with intent to manufacture, or sell, a controlled substance classified in schedules I or II (excluding marijuana) or to possess or deliver the following enumerated quantities of certain controlled substances:
(5) One kilogram (1 kg.) to five (5 kgs.) kilograms of a mixture containing a detectable amount of marijuana.
Based on the conversion rate, the man had over five (5) kilograms of marijuana. Therefore, under R.I.G.L. 21-28-4.01.2, it shall be unlawful for any person to possess, manufacture, sell, or deliver the following enumerated quantities of certain controlled substances, more than five kilograms (5 kgs.) of a mixture containing a detectable amount of marijuana. The penalties if convicted, include imprisonment for a term up to life and fined not more than one million dollars ($1,000,000).
If you or a family member has been charged with possession of a controlled substance, possession of marijuana or other drug related charges, please allow Attorney Robert H. Humphrey's reputation, experience and skill to successfully guide you through the legal process. Contact Robert H. Humphrey at 401-816-5862 or e-mail him at firstname.lastname@example.org.