Gift of Marijuana Leads to Arrest of Teacher

As reported by Amanda Milkovits in the September 16, 2013 edition of the Providence Journal, a Providence teaching assistant has been arrested for unlawful delivery of marijuana in a school zone. The teacher gave the marijuana as a gift to the school's principal. The marijuana was turned over to the police and the man has been suspended.

Pursuant to Rhode Island General Laws, the Uniform Controlled Substances Act, has five (5) schedules of controlled substances. Marijuana is classified as a schedule I narcotic which means the director of health shall place a substance in schedule I if he or she finds that the substance:

(1) Has high potential for abuse; and

(2) Has no accepted medical use in treatment in the United States or lacks accepted safety for use in treatment under medical supervision.

Possession of small amounts of marijuana has been decriminalized earlier this year. Possession of one (1) ounce or less of marijuana shall constitute a civil offense, rendering the offender liable to a civil penalty in the amount of one hundred fifty dollars ($150) and forfeiture of the marijuana; provided the minor offender completes an approved drug awareness program and community service as determined by the court. Possession of larger amounts of marijuana is still illegal. Any person with more than one ounce (1 oz.) of a controlled substance classified in schedule I as marijuana is guilty of a misdemeanor except for those persons subject to subdivision 21-28-4.01(a)(1) 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. In this case, the amount of marijuana involved is 15.5 grams, which is under an ounce. However, the marijuana was delivered on the school premises. Pursuant to R.I.G.L. 21-28-4.07.1, any person who violates 21-28-4.01(A), 21-28-4.01.1, or 21-28-4.07 by distributing or manufacturing a controlled substance listed in schedules I (marijuana) or II in the building or on the grounds, or within three hundred (300) yards of the grounds of a public or private elementary, vocational, or secondary school, or public park or playground shall be punished by a term of imprisonment or fine, or both, up to twice that authorized by 21-28-4.01(A) or 21-28-4.07, but not exceeding life imprisonment.

If you or a family member has been charged with possession of marijuana, possession of cocaine or other drug charges, please allow Attorney Robert H. Humphrey to successfully guide you through the legal process. Please contact Attorney Robert H. Humphrey, Esq., at 401-816-5862 or e-mail him at

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