Drug Possession

If you have been accused of or arrested for a Drug Possession Charge in Rhode Island, you need an experienced criminal lawyer to help you through it. If you or a loved one is charged with a drug possession charge, take advantage of our free consultations to learn about the charge, know your rights and make an informed decision about what to do.

Our Rhode Island Criminal Attorney is ready to help you navigate your situation

I have successful handled drug possession cases in District and Superior Court.   I have successfully gotten many possession cases dismissed during pre-trial and after trial.  I work almost exclusively on criminal defense, as a defense attorney and former prosecutor, I understand Rhode Island Assault law and will help you get through the court process and get the matter resolved.  What are the drug possession laws and penalties?   In Rhode Island, drug possession is governed by the Rhode Island General Laws.  The Uniform controlled Substances Act, which can be found in Rhode Island General Law 21-28 categorizes controlled substances  based on level of abuse and potency.  For example, controlled substances are categorized as schedule I through schedule 5.   The minimum penalty controlled substances is laid out in Rhode Island General Law 21-28-4.01.   § 21-28-4.01.1  Minimum sentence – Certain quantities of controlled substances. – (a) 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:    (1) One ounce (1 oz.) to one kilogram (1 kg.) of a mixture or substance containing a detectable amount of heroin;    (2) One ounce (1 oz.) to one kilogram (1 kg.) of a mixture or substance containing a detectable amount of:    (i) Coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed;    (ii) Cocaine, its salts, optical and geometric isomers, and salts of isomers;    (iii) Ecgonine, its derivatives, their salts, isomers, and salts of isomers; or    (iv) Any compound, mixture, or preparation which contains any quantity of any of the substances referred to in paragraphs (i) – (iii) of this subdivision;    (3) One gram (1 g.) to ten grams (10 gs.) of phencyclidine (PCP) or one hundred (100) to one thousand (1,000) tablets of a mixture or substance containing a detectable amount of phencyclidine (PCP);    (4) One-tenth of a gram (0.1 g.) to one gram (1 g.) of lysergic acid diethylamide (LSD) or one hundred (100) to one thousand (1,000) tablets of a mixture or substance containing a detectable amount of lysergic acid diethylamide (LSD); or    (5) One kilogram (1 kg.) to five (5 kgs.) kilograms of a mixture containing a detectable amount of marijuana.    (b) Any person who violates this section shall be guilty of a crime, and upon conviction, may be imprisoned for a term up to fifty (50) years and fined not more than five hundred thousand dollars ($500,000).    § 21-28-4.01.2  Minimum sentence –  Certain quantities of controlled substances. – (a) Except as authorized by the chapter, it shall be unlawful for any person to possess, manufacture, sell, or deliver the following enumerated quantities of certain controlled substances:    (1) More than one kilogram (1 kg.) of a mixture or substance containing a detectable amount of heroin;    (2) More than one kilogram (1 kg.) of a mixture or substance containing a detectable amount of    (i) Coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed;    (ii) Cocaine, its salts, optical and geometric isomers, and salts of isomers;    (iii) Ecgonine, its derivatives, their salts, isomers, and salts of isomers; or    (iv) Any compound, mixture, or preparation which contains any quantity of any of the substances referred to in paragraphs (i) – (iii) of this subdivision;    (3) More than ten grams (10 gs.) of phencyclidine (PCP) or more than one thousand (1,000) tablets of a mixture or substance containing a detectable amount of phencyclidine (PCP);    (4) More than one gram (1 g.) of lysergic acid diethylamide (LSD); or more than one thousand (1,000) tablets of a mixture or substance containing a detectable amount of lysergic acid diethylamide (LSD); or    (5) More than five kilograms (5 kgs.) of a mixture containing a detectable amount of marijuana.    (b) Any person who violates this section shall be guilty of a crime, and upon conviction, may be imprisoned for a term up to life and fined not more than one million dollars ($1,000,000). Rhode Island Drug Possession Defense Strategies In a drug possession case, the state or town must prove every element of the offense beyond a reasonable doubt.  You have the right against unreasonable searches and seizure.  The first step in defending a drug possession cases is to contest the search and then move to suppress any evidence against you if that evidence was illegally obtained.    There are ways to resolve you case in favorable way.  These ways include dismissal, dismissal after community service, a filing (which can be a non criminal conviction), attendance and successful completion of drug court, a deferred sentence and other possibilities.   Possession charges are very serious and have serious ramifications if not handled by a skilled attorney.  It is important to hire a skilled attorney as soon as possible.  Contact Attorney Stefanie Murphy to discuss your case, your defenses, your rights and all your options.  Please call (401) 316-9423 or email samurphy@samurphylaw.com.