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RHODE ISLAND MARIJUANA LAWYER
ATTORNEY MATTHEW MARIN

My name is Matt Marin and I am a Rhode Island Criminal Defense Lawyer dedicated to defending and protecting the rights of Rhode Island residents who have been charged with drug crimes including the newly decriminalized first offense simple possession of marijuana, possession of marijuana with intent to distribute, and delivery of marijuana. Possession of less than one ounce of marijuana (first offense) has been recently decriminalized and is now penalized by a civil violation carrying a fine of $150 to $600 in Rhode Island. Possession of more than one ounce of marijuana (first offense) is still a misdemeanor criminal offense carrying up to one year in jail and fines from $200 to $500. For more detailed information, please read below.

Call now to speak directly with a skilled
RI Marijuana Lawyer – (401) 228-8271

Penalties for Rhode Island Marijuana Charges

FIRST OFFENSE POSSESSION OF MARIJUANA (LESS THAN ONE OUNCE)
If you are charged with a first offense simple possession of less than one ounce of marijuana in Rhode Island you have been charged with a civil violation subjecting you to fines that range from $150 to $600. The charge is not a criminal offense and does not result in a criminal record. However, if you are charged with a third offense within an eighteen month period, the third offense is a misdemeanor criminal offense carrying a possible jail sentence.

FIRST OFFENSE POSSESSION OF MARIJUANA (MORE THAN ONE OUNCE)
If you have been charged with a first offense simple possession of more than one ounce of marijuana in Rhode Island you have been charged with a misdemeanor criminal offense subjecting you to possible incarceration for up to one year, fines ranging from $200 to $500, and a criminal record/criminal conviction.

FIRST OFFENSE POSSESSION OF MARIJUANA (MORE THAN ONE KILOGRAM)
If you have been charged with a first offense simple possession of more than one kilogram but less than five kilograms of marijuana in Rhode Island you have been charged with a serious felony criminal offense subjecting you to possible incarceration for up to fifty (50) years and a fine up to $500,000.

THIRD OFFENSE POSSESSION OF MARIJUANA (LESS THAN ONE OUNCE)
If you have been charged with a THIRD offense simple possession of less than one ounce of marijuana within eighteen (18) months of your first offense in Rhode Island you have been charged with a misdemeanor criminal offense subjecting you to possible incarceration for up to thirty (30) days and a fine from $200 to $500.

RHODE ISLAND MARIJUANA DEFENSE STRATEGIES

Depending upon the facts and circumstances of the individual case, a skilled Rhode Island Marijuana Defense lawyer 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. Some of the legal areas in which many defenses arise in marijuana cases include:

Automobile Search and Seizure Law
The Constitutionality of automobile search and seizure law under the United States Constitution was drastically changed in 2009 due to the United States Supreme Court’s decision rendered in Arizona v. Gant. Many in law enforcement personnel as well as lawyers who rarely practice in Rhode Island’s criminal courts remain unaware of the broad and sweeping protections that this decision provides those in automobiles.

Search Warrant Issuance and Execution
The issuance and execution of a search warrant may appear to be a daunting battle. However, there are many legal avenues whereby experienced defense lawyers can attack search warrants. The search warrant must be issued under the strict confines of Rhode Island Statutory and United States Constitutional Law. Second, the police must execute the search warrant in strictly in accordance to its terms.

Medical Marijuana Law and Defenses
Given the recent changes in the societal view of marijuana and its use for medicinal purposes, those with Licenses for Medical Marijuana and those that self-medicate for due to legitimate and serious medical problems can and should be treated differently. The Court’s are beginning to recognize that some individuals can be positively benefited by the medicinal use of marijuana and a skilled Rhode Island Marijuana lawyer can effectively advocate those reasons.

Illegal Pat Down / Frisk Searches
Oftentimes, police believe that they can search any person at any time for any reason. Oftentimes, because the police act so confident individuals mistakenly believe that the police have the authority to conduct the searches they initiate. Just because you have been found to have illegal drugs on your person does not mean that the evidence is admissible. If the illegal narcotics are not admissible, then they cannot be used against you in court and you cannot be convicted. Experienced criminal defense lawyers know the inside and outs of pat down and Terry-frisk searches and whether the police have overstepped their boundaries.

- Click HERE to View My Rhode Island Criminal Defense Blog
- Click HERE to For Information About the Rhode Island Courts
- Click HERE to Email Attorney Matthew Marin
- Click HERE to View My Attorney Bio

Call now to speak directly with a skilled
RI Marijuana Lawyer – (401) 228-8271

I take my job as RI Marijuana Attorney very seriously, and work relentlessly to achieve the very best result for my clients in and out of court. I strongly believe that a well-planned defense strategy and the assistance of an experienced and skillful Rhode Island criminal defense attorney can make all the difference between a criminal conviction - and a verdict of “not guilty.”

RECENT 2012 MARIJUANA DEFENSE CASE VICTORIES
**Past Case Results Do Not Guarantee or Represent a Particular Result in Your Case**

CHARGE: POSSESSION OF ONE KILOGRAM TO FIVE KILOGRAMS OF MARIJUANA
POLICE REPORT: The Client was a medical marijuana caregiver for two patients with debilitating medical conditions. After months of cultivating eighteen marijuana plants, the plants had matured and were harvested. The plants were placed into two trash bags and transported to another location for curing. During the transport, the vehicle containing the marijuana was involved in a car accident and the police were called. Upon their arrival, the police discovered the marijuana and began a criminal investigation. The Client provided the police with his two Rhode Island medical marijuana caregiver registry identification cards. The police seized the marijuana and identified nearly 72 ounces (4.5 pounds) of buds and leaves. Believing the Client was in excess of the statutory limits for medical marijuana caregivers, the police charged him with felony possession of one kilogram to five kilograms of marijuana (carrying up to 50 years in prison).

RESULT: DISMISSED after a probable cause hearing on 12/13/12

CHARGE: POSSESSION OF MARIJUANA (FIRST OFFENSE)
POLICE REPORT: Campus Security responded to a call by a Resident Advisor who reported smelling marijuana burning within the dorm. When Campus Security arrived, they were able to locate the room where the smell was originating. Upon entering the room, Campus Security searched the Client’s belongings and located a small amount of marijuana. The Client was later located and charged with possession of marijuana (first offense).

RESULT: DISMISSED on 12/12/12

CHARGE: POSSESSION OF MARIJUANA (FIRST OFFENSE)
POLICE REPORT: The Client was riding as a passenger in a vehicle on Route 95 North when the vehicle was stopped for speeding. When the officers approached the vehicle, they detected the odor of marijuana emanating from within the vehicle. The Officer asked the occupants if there were any drugs in the vehicle, and the Client handed the officer a small amount of marijuana. The Client was then asked to exit the vehicle and charged with possession of marijuana (first offense).

RESULT: DISMISSED on 12/12/12

CHARGES:
(1) POSSESSION OF MARIJUANA (FIRST OFFENSE)
(2) DRIVING IN POSSESSION OF A CONTROLLED SUBSTANCE
POLICE REPORT: At about 1 am a Police Officer observed the Client’s vehicle traveling at 80 mph in a posted 50 mph zone and stopped the vehicle. While speaking with the Client, the Officer detected a strong odor of marijuana emanating from within the vehicle. The Officer asked the Client if he had any marijuana within the vehicle, to which he responded yes and turned over approximately an 1/8th. Based on the drugs seized from the Client, he was charged with simple possession of marijuana and driving in possession of a controlled substance.
RESULTS: ALL CHARGES DISMISSED on 11/1/12

CHARGES:
(1) POSSESSION OF MARIJUANA
(2) POSSESSION OF ADDERALL

POLICE REPORT: The Client was traveling home from school on Rt. 95 when she was stopped for speeding. While speaking with the Client, the Officer detected the strong odor of marijuana coming from within the vehicle. The Officer asked if there were any illegal drugs within the vehicle. The Client responded that there were and proceeded to turn over a pill bottle containing marijuana and adderall for which the Client did not have a prescription. Based on the seizure of the drugs, the Client was charged with felony simple possession of adderall and misdemeanor simple possession of marijuana.

RESULT: ALL CHARGES DISMISSED after completion of the Adult Diversion Program on 9/24/12

CHARGE: POSSESSION OF MARIJUANA (FIRST OFFENSE)
POLICE REPORT: The Police were on routine patrol when they observed the Client's vehicle traveing at 48 mph in a 40 mph zone. The police initiated a traffic stop and approached the vehicle. Upon approaching the vehicle, the Police Officer detected a strong armoa of what he believed to be marijuana. The Officer asked the Client if there were any narcotics inside the vehicle. The Client indicated that he had marijuana in the center console of the vehicle. The Officer searched the vehicle and found a bag containing suspected marijuana. The contents of the bag field tested positive for marijuana and the Client was then arrested and charged with simple possession of marijuana, first offense.
RESULT: DISMISSED on 9/6/12

CHARGES:
(1) POSSESSION WITH INTENT TO DISTRIBUTE MARIJUANA
(2) DELIVERY OF MARIJUANA TO A POLICE AGENT
(3) FELONY CONSPIRACY TO VIOLATE THE CONTROLLED SUBSTANCES ACT
POLICE REPORT: The Police obtained information, from individuals involved in a recent arrest, that the Client was supplying large quantities of marijuana throughout the area. The individuals informed the police that the most recent delivery had occurred two days prior. Based on this information, the Police attempted to set up the Client by stopping the vehicle in which he was traveling the next morning, purportedly en route to another delivery. Upon stopping the vehicle, Police identified the Client as the passenger and located two ounces of marijuana on his person. The Client was able to produce a valid Rhode Island Medical Marijuana Patient card. Ignoring the Client’s medical and legal possession o f the two ounces of marijuana, the local Police charged the Client with possession with intent to distribute the marijuana on his person, delivery of marijuana to a police agent for the delivery that had occurred the two days prior, and felony conspiracy to violate the controlled substances act.
RESULT:
(1) REDUCED TO SIMPLE POSSESSION OF MARIJUANA
and case Filed for one year (no conditions) on 8/1/12
(2) DISMISSED
(3) DISMISSED

CHARGE: POSSESSION OF MARIJUANA (FIRST OFFENSE)
POLICE REPORT: Police had received multiple calls from the residents of a local apartment complex about drug activity in their parking lot. During a routine patrol of the area, a Police Officer observed a suspicious vehicle parked in the lot at night running with a sole occupant. The Officer stopped and approached the vehicle to investigate and upon speaking with the operator he detected a strong odor of freshly burnt marijuana emanating from within the vehicle. The Officer asked the Client if there was anything illegal within the vehicle, and the Client handed the Officer a small bag containing marijuana. The contents of the bag field tested positive for marijuana and the Client was then arrested and charged with simple possession of marijuana, first offense.
RESULT: DISMISSED on 7/17/12

CHARGES:
(1) SIMPLE POSSESSION OF MARIJUANA (FIRST OFFENSE)
(2) DRIVING IN POSSESSION OF A CONTROLLED SUBSTANCE
POLICE REPORT: Police on routine patrol observed a vehicle make an illegal u-turn and halted the vehicle. Upon speaking with the Client who was operating the vehicle, the police identified the odor of marijuana emanating from within the vehicle and inquired as to whether the Client had any marijuana within the vehicle. The Client confessed and informed the police that there was marijuana within the vehicle. The vehicle was then searched and slightly over one ounce of marijuana was located within the vehicle. The Client was charged with simple possession of marijuana (first offense) and driving in possession of a controlled substance.
RESULT: ALL CHARGES DISMISSED on 3/22/12 after the Defense submitted a Motion to Dismiss Based on the Affirmative Defense of the Medicinal Use of Marijuana

CHARGES:
(1) SIMPLE POSSESSION OF MARIJUANA (FIRST OFFENSE)
(2) VIOLATION OF A FILING
POLICE REPORT: The Client, a local college student at Roger Williams University, was in his room when the dorm fire alarm sounded. The Client exited the dorm and returned when the alarm ceased. When the Client returned to his room he discovered the RA and campus security in his room. Campus Security had discovered marijuana in plain view as they conducted a security check of the dormitory. The Client admitted that the marijuana was in-fact his and when the local police arrived the Client was charged with simple possession of marijuana (first offense).
RESULTS:
(1) DISMISSED
(2) VIOLATION WITHDRAWN
on the day of Trial on 3/1/12

CHARGE: SIMPLE POSSESSION OF MARIJUANA (FIRST OFFENSE)
POLICE REPORT: The Client stopped at a convenience store to pick up a friend and give her a ride home. While waiting at the convenience store a Police cruiser arrived for an argument that was taking place in the parking lot. As the Officer passed by the Client’s vehicle he detected an odor of marijuana emanating from within the vehicle. The Officer approached the Client and asked him if he had any marijuana in the car, to which the Client responded “Ya, a little bit.” The Client then handed over 2-3 grams of marijuana. The Client was then arrested and charged with simple possession of marijuana, first offense.
RESULT: DISMISSED on 2/27/12

CHARGE: SIMPLE POSSESSION OF MARIJUANA (FIRST OFFENSE)
POLICE REPORT:
The Client was driving home late at night after getting off from work. As her motor vehicle passed two stationary police cruisers, the Police pulled her over for failing to use a turn signal when changing lanes. As the Police Officer approached the window, he detected the odor of marijuana emanating from inside the vehicle. The Officer asked the Client if she had anything illegal in the vehicle and the Client handed the Officer a small amount of marijuana. The Client was then arrested and charged with simple possession of marijuana, first offense.
RESULT: DISMISSED on 2/17/12

CRIMINAL CHARGE: POSSESSION WITH INTENT TO DELIVER MARIJUANA (FELONY)
POLICE REPORT:
The Client was driving home from work when he failed to come to a complete stop at a stop sign and was stopped by a Police Officer. Upon approaching the vehicle, the Officer detected a strong odor of marijuana emanating from within the vehicle. The Officer asked the Client if he had anything within the vehicle, to which the Client handed the Officer a small amount of marijuana. The Client was arrested and searched. During the search, the Officer located over $1,700 in cash within the Client’s pocket. The Client was then charged with possession of marijuana with intent to deliver.
RESULTS: REDUCED TO SIMPLE POSSESSION OF MARIJUANA (MISDEMEANOR) and placed on probation for one year with one year suspended jail on 2/15/12

CHARGES:
(1) SIMPLE POSSESSION OF MARIJUANA (FIRST OFFENSE)
(2) MISDEMEANOR SHOPLIFTING
POLICE REPORT:
The Client was shopping at a local retail store. While within the store, store security allegedly witnessed the Client taking items off the shelves and placing them within his backpack. The Client then proceeded to the register to checkout and while in line at the register decided to return back into the store. While returning back into the store, the Client was stopped by store security and the local police department. Inside the Client's backpack store security located several items taken from inside the store. The Client was charged with misdemeanor shoplifting. While being processed, the Client was patted down and a small bag containing marijuana was located in his pocket. The Client was then also charged with simple possession of marijuana.
RESULT: ALL CHARGES DISMISSED on 2/14/12

CHARGES:
(1) POSSESSION WITH INTENT TO DISTRIBUTE MARIJUANA
(2) FELONY CULTIVATION OF MARIJUANA
(3) FELONY CONSPIRACY TO VIOLATE THE CONTROLLED SUBSTANCES ACT
POLICE REPORT: A local police department received information that suspicious narcotics activity was occurring at a residence in town. The police took up surveillance over the suspect house and witnessed an indoor grow facility operating from within the basement. The electrical bills for the house were obtained and confirmed that an extremely high amount of electricity was being utilized at the residence. A thermal imaging scan was done of the home and verified that an extremely high amount of heat was emanating from the basement. Based on the information obtained, the police executed a search warrant on the home. From within the home the police discovered an indoor grow of marijuana consisting of 44 marijuana plants and a sophisticated indoor hydroponics grow operation. Based on the evidence discovered from within the home the Client, a resident, was charged with possession with intent to distribute marijuana, felony cultivation of marijuana, and felony conspiracy to violate the controlled substances act.
RESULT:
(1) REDUCED TO SIMPLE POSSESSION OF MARIJUANA
and case Filed for one year (no conditions) on 1/25/12
(2) DISMISSED
(3) DISMISSED

RECENT 2011 MARIJUANA DEFENSE CASE VICTORIES
**Past Case Results Do Not Guarantee or Represent a Particular Result in Your Case**

CHARGES:
(1) POSSESSION WITH INTENT TO DELIVER MARIJUANA
(2) DRIVING IN POSSESSION OF A CONTROLLED SUBSTANCE
POLICE REPORT:
The Client was driving with his brother and a friend when he took a right hand turn through a green light without using a turn signal. A local police officer on patrol behind the Client’s vehicle activated his lights and sirens and halted the Client’s vehicle. Upon approaching the vehicle, the Officer detected an odor of marijuana emanating from the vehicle and asked the Client to exit the vehicle. Once outside, the Client explained to the Officer that the odor was his medicinal marijuana and showed the Officer his medical marijuana card. Inside the Client’s trunk the Officer noticed a glass jar containing marijuana, a digital scale, and a large stack of cash. The Officer then requested consent to search the Client’s vehicle which the Client provided. Upon searching the vehicle, the Officer discovered over seven ounces of marijuana, well above the two and one-half ounce limit provided by Rhode Island’s Medical Marijuana laws. Based on what the Officer discovered, the Client was charged with possession with intent to deliver marijuana and driving in possession of a controlled substance.
RESULT: ALL CHARGES DISMISSED after prevailing on Motion to Suppress Evidence on 11/18/11

CHARGES:
(1) SIMPLE POSSESSION OF MARIJUANA (FIRST OFFENSE)
(2) POSSESSION OF WEAPONS OTHER THAN FIREARMS
POLICE REPORT:
The Police observed the Client operating his motor vehicle with a brake light out. The Police stopped the Client and upon speaking with the Client they detected the distinct odor of marijuana emanating from the vehicle. The Police also observed a chain with two large metal rivets attached to each end which they immediately identified as a chained weapon. The Police questioned the Client regarding the odor of marijuana. The Client informed them that he was a medical marijuana card holder and had marijuana within the vehicle. The Police weighed the suspected marijuana within the vehicle and weighed nearly three and one half ounces. The Police arrested the Client and charged him with simple possession of marijuana (first offense) and possession of weapons other than firearm.
RESULTS: ALL CHARGES DISMISSED on 9/30/11

CHARGE: FELONY POSSESSION OF MARIJUANA WITH INTENT TO DELIVER
POLICE REPORT:
Campus security responded to a suite at a local college when a Resident Advisor reported the strong odor of burnt marijuana emanating from the suite. Upon arrival at the suite, campus security encountered the Client and began questioning him. After campus security threatened to search the room, the Client turned over 55 grams of marijuana, plastic baggies and a digital scale to campus security. The local police were called and charged the Client with felony possession with intent to deliver marijuana.
RESULT: AMENDED TO SIMPLE POSSESSION OF MARIJUANA and Filed for 1 year on 9/20/11

CHARGE: POSSESSION OF MARIJUANA (1ST OFFENSE)
POLICE REPORT: Client, a local college student, was with friends in his dorm room. The R.A. responded to the dorm room in response to an odor of marijuana coming from the room. Once inside, both the Client and his friend provided the R.A. with the marijuana and took responsibility for it as theirs. The local police department was called and the Client was charged with simple possession of marijuana, first offense.
RESULT: DISMISSED on 7/6/11

CHARGE: POSSESSION OF MARIJUANA (1ST OFFENSE)
POLICE REPORT: Police arrived at the Client’s residence to conduct a probation compliance check. As they searched the residence, the Police observed several jars of suspected marijuana in the kitchen. The Client provided the Police with his Rhode Island Medical Marijuana Patient Registry Identification Card. The Police then weighed the suspected marijuana and measured approximately three and one half ounces (3.5), nearly one ounce over the limit that medical marijuana patients are permitted to possess. The Client was subsequently charged with possession of marijuana, first offense.
RESULT: DISMISSED ON THE DAY OF TRIAL on 6/23/11

CRIMINAL CHARGES:
(1) POSSESSION WITH INTENT TO DELIVER MARIJUANA
(2) DISTRIBUTION OF A CONTROLLED SUBSTANCE WITHIN A SCHOOL ZONE
(3) CULTIVATION OF MARIJUANA
POLICE REPORT:
A neighbor reported a noise disturbance at an upstairs apartment. Upon approaching the apartment door, the Police detected a strong odor of marijuana emanating from within the apartment. The Police knocked on the door and the Client opened the door in reply. When the door was opened, the Police observed marijuana and evidence of marijuana cultivation in plain view. The Police then entered the apartment and seized two mature marijuana plants, planting material, and other marijuana cultivation tools. The Client was charged with possession with intent to deliver marijuana, distribution of a controlled substance within a school zone, and cultivation of marijuana.
RESULTS:
(1) REDUCED TO SIMPLE POSSESSION OF MARIJUANA
and Filed for 1 year (not a criminal conviction)
(2) DISMISSED
(3) DISMISSED
on 6/14/11

CRIMINAL CHARGES:
(1) POSSESSION OF MARIJUANA (First Offense)
(2) DRIVING IN POSSESSION OF A CONTROLLED SUBSTANCE
POLICE REPORT:
A local resident called 911 to report s suspicious vehicle in a parking lot in the evening. Police responded and approached the vehicle. As the Police approached the vehicle, they observed numerous individuals acting suspiciously. Upon speaking with the operator, the Client, the Police Officer immediately observed a strong odor of freshly burnt marijuana emanating from the interior of the vehicle. All occupants were asked to exit, and during a search of the car the police were able to locate a bag of marijuana on the floor underneath the drivers seat. The Client was charged with simple possession of marijuana (first offense).
RESULTS: ALL CHARGES DISMISSED on 5/10/11

CRIMINAL CHARGE: SIMPLE POSSESSION OF MARIJUANA
POLICE REPORT:
Client, an out-of-state college student, was visiting a relative at a local Rhode Island college. While in a dorm room, an R.A. detected the odor of marijuana emanating from the dorm room. The R.A. knocked and then entered the dorm room. The client admitted that the marijuana that was in plain view on the coffee table was his. The police were called and the Client was charged with simple possession of marijuana (first offense).
RESULTS: DISMISSED on 5/4/11

CRIMINAL CHARGES:
(1) POSSESSION OF MARIJUANA (First Offense)
(2) TRANSPORTATION OF ALCOHOL BY A MINOR
(3) SPEEDING (21 mph Over the Limit)
POLICE REPORT:
A local police officer was posted on a stationary traffic radar post when the Client's vehicle approached at a high rate of speed measured by radar at 71 mph in a 50 mph zone. The vehicle was stopped and as the Officer approached he noticed small objects being thrown from the passengers side of the vehicle. At the window, the Officer could detect a strong odor of marijuana emanating from inside the vehicle. All occupants were removed from the vehicle and a subsequent search of the vehicle the Officer located marijuana, a bowl with marijuana residue, beer and a bottle of vodka. The Client, who was operating the vehicle, was arrested and charged with simple possession of marijuana and transportation of alcohol by a minor.
RESULTS: ALL CHARGES DISMISSED on 4/14/11

CRIMINAL CHARGES:
(1) POSSESSION OF MARIJUANA (First Offense)
(2) DRIVING IN POSSESSION OF A CONTROLLED SUBSTANCE
POLICE REPORT:
The Client was stopped while driving for a minor motor vehicle infraction. Upon approaching the vehicle, the Officer detected a strong odor of freshly burnt marijuana emanating from the interior of the vehicle. The Officer asked the Client to exit the vehicle and pat frisked him for Officer safety. After frisking the Client, the Officer asked the Client if he had anything illegal in his possession. The Client responded that he had a bag of marijuana on his person which the Officer then located. The suspected marijuana field tested positive and the Client was arrested and charged with simple possession of marijuana (first offense) and driving in possession of a controlled substance.
RESULTS: BOTH CHARGES DISMISSED on 4/8/11

CRIMINAL CHARGE: POSSESSION OF MARIJUANA (First Offense)
POLICE REPORT:
Campus Security was notified of an odor of marijuana emanating from a dorm suite. When the Campus Security arrived at the room, they also noticed the strong odor of burnt marijuana emanating from the dorm suite. Campus Security knocked and entered the room. Marijuana and smoking implements were clearly visible on the coffee table as Campus Security entered the dorm room. The occupants were asked who was responsible for the marijuana, and the Client admitted possessing the marijuana. The local police were summonsed and the suspected marijuana was field tested positive. The Client was charged with simple possession of marijuana (first offense).
RESULT: DISMISSED on 3/23/11

CRIMINAL CHARGE: POSSESSION OF MARIJUANA (FIRST OFFENSE)
POLICE REPORT:
Police were called to a local high school house party by a concerned parent. When the Police arrived, they allegedly witnessed the Defendant and another individual standing on the front porch of the house, each with one hand holding a bag of suspected marijuana. The Police approached and seized the suspected marijuana. The substance field tested positive for marijuana and the Client was arrested for possession of marijuana, first offense.
RESULT: DISMISSED on 2/16/11

CRIMINAL CHARGE: POSSESSION OF MARIJUANA (FIRST OFFENSE)
POLICE REPORT:
Client was driving and had to pull her vehicle over because her passenger was sick. While the vehicle was stopped a police cruiser pulled up behind the Client. The Officer approached and spoke with the Client. While they were speaking the Officer detected a strong odor of freshly burnt marijuana. The Client was asked if there was any marijuana within the car. The Client admitted to possessing marijuana and handed the Officer a small bag containing suspected marijuana. Police then charged the Client was possession of marijuana, first offense.
RESULT: DISMISSED on 2/11/11

2010 MARIJUANA DEFENSE CASE VICTORIES

CRIMINAL CHARGE: POSSESSION OF MARIJUANA (FIRST OFFENSE)
POLICE REPORT:
Client was driving and had to pull her vehicle over because her passenger was sick. While the vehicle was stopped a police cruiser pulled up behind the Client. The Officer approached and spoke with the Client. While they were speaking the Officer detected a strong odor of freshly burnt marijuana. The Client was asked if there was any marijuana within the car. The Client admitted to possessing marijuana and handed the Officer a small bag containing suspected marijuana. Police then charged the Client was possession of marijuana, first offense.
RESULT: DISMISSED

CRIMINAL CHARGE: POSSESSION OF MARIJUANA (FIRST OFFENSE)
POLICE REPORT:
Police were called concerning a noise complaint for a loud house party. The Police arrived and heard no loud noise coming from the residence. The Police approached the residence and knocked on the door. A guest opened the door. The Police were able to observe a bag containing suspected marijuana in plain view on the coffee table. The suspected marijuana was seized, and the Police inquired as to who the bag belonged. The Client, seated on the couch, claimed ownership. The suspected marijuana was field-tested positive.
RESULT: DISMISSED

CRIMINAL CHARGE: FELONY POSSESSION OF MARIJUANA WITH INTENT TO DELIVER
POLICE REPORT:
RI State Police interdiction task force stopped a package mailed overnight from California to a Providence address. A drug detection police dog indicated that the package contained suspected narcotics and the State Police obtained a search warrant. The package was opened and contained 10 ounces of high grade hydro marijuana. The marijuana was delivered to the address on the package where the Client signed for the package. After signing for the package, the Client was arrested and charged with felony possession of marijuana with intent to deliver.
RESULT: DISMISSED and EXPUNGED

CRIMINAL CHARGE: POSSESSION OF MARIJUANA (FIRST OFFENSE)
POLICE REPORT:
Client was stopped by the police because his license plate was not illuminated. As the police spoke with the Client, the observed the odor of freshly burnt marijuana emanating from the vehicle. The police removed the Client from the vehicle and began searching the vehicle. A search of the interior of the vehicle resulted in the police locating a bag containing suspected marijuana. The suspected marijuana field tested positive and the Client was charged with simple possession of marijuana (first offense).
RESULT: DISMISSED

CRIMINAL CHARGE: POSSESSION OF MARIJUANA (FIRST OFFENSE)
POLICE REPORT:
Client, a student at a local Providence College, was arrested by the Providence Police Department after school security located a large bag of marijuana, baggies and a scale in the Client’s dorm room. After the suspected marijuana was field tests positive for marijuana, the Client was charged with simple possession of marijuana (first offense).
RESULT: DISMISSED and EXPUNGED

CRIMINAL CHARGES:
(1) POSSESSION OF MARIJUANA (FIRST OFFENSE)
(2) DRIVING WHILE IN POSSESSION OF CONTROLLED SUBSTANCE
POLICE REPORT:
Police observed Client back up in a travel lane of the roadway and subsequently pulled the Client over. As client reached for the vehicle’s registration, a marijuana grinder was seen in the Client’s glove compartment. Police Officer then asked if there was anything illegal in the vehicle and the Client admitted that he had a small bag of marijuana in his front pocket which was subsequently turned over to the Officer. The substance was field-tested and returned a positive result for marijuana in the amount of 5.7 grams. Client was then charged criminally with possession of marijuana (first offense) and driving while in possession of a controlled substance.
RESULTS:
(1) DISMISSED
(2) DISMISSED and both charges EXPUNGED


CRIMINAL CHARGE: POSSESSION OF MARIJUANA (FIRST OFFENSE)
POLICE REPORT:
Client is pulled over and arrested for Driving Under the Influence of Alcohol. Once the Client is transported to the Police Station, the remaining officers on scene search the vehicle and locate a bag of suspected marijuana. The suspected marijuana field tests positive for marijuana and the Client is charged with possession of marijuana (first offense).
RESULT: DISMISSED and EXPUNGED

CRIMINAL CHARGE: POSSESSION OF MARIJUANA (FIRST OFFENSE)
POLICE REPORT:
Client’s dorm room is searched by a Providence College RA who locates suspected marijuana. The suspected marijuana is turned over to the Police who then charge the Client with possession of marijuana – first offense. Client then admits to the police department that the marijuana is in-fact his.
RESULT: DISMISSED and EXPUNGED

Call now to speak directly with a skilled
Rhode Island Marijuana Lawyer – (401) 228-8271

Unfortunately, young men and women from Massachusetts are being charged with possession of marijuana if they are caught with it in Rhode Island. It seems unfair, given how frequently Massachusetts and Rhode Island citizens go back and forth between the two states, that a person should either be given the equivalent of a traffic ticket or face potential jail time depending upon which side of the border they are on. It also seems unfair that Rhode Island citizens have to leave the State to smoke marijuana without fear of obtaining a criminal record.

DEDICATED TO AGGRESSIVE RHODE ISLAND CRIMINAL DEFENSE

RI Marijuana Lawyer Matthew Marin has been successful in helping prosecutors understand the unfair nature of the situation. Oftentimes, the Rhode Island Prosecutors are willing to work with those charged with their first offense possession of marijuana to prevent jail time. Yet, with a skilled RI marijuana lawyer working for you, it is possible to achieve dismissal of the charges altogether. To learn more about Rhode Island Marijuana and Drug Charges read our Rhode Island Criminal Defense Blog.

Call now to speak directly with a skilled
RI Marijuana Lawyer – (401) 228-8271

Rhode Island Medical Marijuana Laws

The Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act

§ 21-28.6-4 Protections for the medical use of marijuana. –

(a)
A qualifying patient who has in his or her possession a registry identification card shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including but not limited to, civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for the medical use of marijuana; provided, that the qualifying patient possesses an amount of marijuana that does not exceed twelve (12) mature marijuana plants and two and one-half (2.5) ounces of usable marijuana. Said plants shall be stored in an indoor facility.

(b) No school, employer or landlord may refuse to enroll, employ or lease to or otherwise penalize a person solely for his or her status as a cardholder.

(c) A primary caregiver, who has in his or her possession, a registry identification card shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including but not limited to, civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for assisting a qualifying patient to whom he or she is connected through the department's registration process with the medical use of marijuana; provided, that the primary caregiver possesses an amount of marijuana which does not exceed twelve (12) mature marijuana plants and two and one-half (2.5) ounces of usable marijuana for each qualifying patient to whom he or she is connected through the department's registration process.

(d) Registered primary caregivers and registered qualifying patients shall be allowed to possess a reasonable amount of unusable marijuana, including up to twelve (12) seedlings, which shall not be counted toward the limits in this section.

(e) There shall exist a presumption that a qualifying patient or primary caregiver is engaged in the medical use of marijuana if the qualifying patient or primary caregiver:

(1) Is in possession of a registry identification card; and

(2) Is in possession of an amount of marijuana that does not exceed the amount permitted under this chapter. Such presumption may be rebutted by evidence that conduct related to marijuana was not for the purpose of alleviating the qualifying patient's debilitating medical condition or symptoms associated with the medical condition.

(f) A primary caregiver may receive reimbursement for costs associated with assisting a registered qualifying patient's medical use of marijuana. Compensation shall not constitute sale of controlled substances.

(g) A practitioner shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including, but not limited to, civil penalty or disciplinary action by the Rhode Island Board of Medical Licensure and Discipline or by any another business or occupational or professional licensing board or bureau solely for providing written certifications or for otherwise stating that, in the practitioner's professional opinion, the potential benefits of the medical marijuana would likely outweigh the health risks for a patient.

(h) Any interest in or right to property that is possessed, owned, or used in connection with the medical use of marijuana, or acts incidental to such use, shall not be forfeited.

(i) No person shall be subject to arrest or prosecution for constructive possession, conspiracy, aiding and abetting, being an accessory, or any other offense for simply being in the presence or vicinity of the medical use of marijuana as permitted under this chapter or for assisting a registered qualifying patient with using or administering marijuana.

(j) A practitioner nurse or pharmacist shall not be subject to arrest, prosecution or penalty in any manner, or denied any right or privilege, including, but not limited to, civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau solely for discussing the benefits or health risks of medical marijuana or its interaction with other substances with a patient.

(k) A registry identification card, or its equivalent, issued under the laws of another state, U.S. territory, or the District of Columbia to permit the medical use of marijuana by a patient with a debilitating medical condition, or to permit a person to assist with the medical use of marijuana by a patient with a debilitating medical condition, shall have the same force and effect as a registry identification card issued by the department.

(l) Notwithstanding the provisions of subsection 21-28.6-3(6) or subsection 21-28.6-4(c), no primary caregiver other than a compassion center shall possess an amount of marijuana in excess of twenty-four (24) marijuana plants and five (5) ounces of usable marijuana for qualifying patients to whom he or she is connected through the department's registration process.

(m) A registered qualifying patient or registered primary caregiver may give marijuana to another registered qualifying patient or registered primary caregiver to whom they are not connected by the department's registration process, provided that no consideration is paid for the marijuana, and that the recipient does not exceed the limits specified in § 21-28.6-4.

(n) For the purposes of medical care, including organ transplants, a registered qualifying patient's authorized use of marijuana shall be considered the equivalent of the authorized use of any other medication used at the direction of a physician, and shall not constitute the use of an illicit substance.

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RI Marijuana Lawyer – (401) 228-8271

RI Marijuana Lawyer Matthew Marin defends individuals charged with marijuana offenses including first offense simple possession of marijuana, second offense simple possession of marijuana, possession with intent to distribute marijuana, delivery of marijuana, cultivation of marijuana, and trafficking marijuana throughout Rhode Island including Block Island, Bristol, Burrillville, Central Falls, Charlestown, Coventry, Cranston, Cumberland, East Greenwich, East Providence, Exeter, Foster, Glocester, Hopkinton, Jamestown, Johnston, Lincoln, Little Compton, Middletown, Narragansett, Newport, New Shoreham, North Kingstown, North Providence, North Smithfield, Pawtucket, Portsmouth, Providence, Richmond, Scituate, Smithfield, South Kingstown, Tiverton, Warren, Warwick, Westerly, West Greenwich, West Warwick, Woonsocket.

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Rhode Island Marijuana Lawyer – (401) 228-8271

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