Articles Posted in Drug Possession

Rhode Island Representative John Edwards of Tiverton has introduced a bill, similar to the law of Massachusetts, to decriminalize minor marijuana possession. If the new law were to pass, possession of marijuana under one ounce would result in a $150 fine. Currently marijuana possession in Rhode Island is a misdemeanor with a maximum penalty of one year in prison.

Currently, 13 States, including Massachusetts, have decriminalized marijuana. This means that there is no criminal record (at least for first time offenders) and a possession charge is treated as a violation, similar to a speeding ticket. Criminal offenses still remain in effect for possession of large amounts of marijuana, intent to distribute, etc.

It seems that the Country is moving towards decriminalization of marijuana and it is about time for Rhode Island to join the ranks. Rhode Island spends millions of dollars prosecuting marijuana possession charges that ultimately result only in dismissal or probation. The laws create a permanent criminal record for young people that made a mistake by using weed unlawfully.

Today, criminal defense attorney Joseph Lamy secured another great result in Massachusetts. My client was charged with felony drug possession in Massachusetts following an arrest for ecstasy possession in Mansfield, Massachusetts. The case was brought in Bristol County District Court. After diligently working and fighting the charges and filing a Motion to Dismiss for Illegal Search and Seizure due to lack of probable cause, the prosecution finally agreed to dismiss all charges.

Drug possession arrests in Massachusetts and Rhode Island are serious. In this case, my client, with no previous record, still faced up to a year in prison. Instead, the case was thrown out without a plea, no probation, no community service, and absolutely no criminal record!

If you have been arrested for felony or misdemeanor drug possession in Rhode Island or Massachusetts, it is absolutely imperative that you contact an experienced and aggressive criminal defense attorney.

Continue Reading

The Federal System has long maintained extremely disparate punishments for crack cocaine possession as opposed to powder cocaine possession offenses. This week the House of Representatives has passed the Fair Sentencing Act and it is expected to eventually become law.

The original Controlled Substances Act (21 USC 841) established minimum sentences for crack offenders that are 100 times more harsh than sentences for powder cocaine offenders, even with the same weight of drugs involved. In practice, that meant that a person facing sentencing for 5 grams of crack cocaine, a minimum 5 years, was facing the same sentence as a person carrying 500 grams of powder cocaine.

While no apparent reasoning exists for the disparity, recent claims that the current sentencing guidelines are racist have forced legislators to review their drug sentencing guidelines. White drug users are much more likely to be arrested for powder cocaine possession, whereas African-American drug users are more likely to be arrested for crack cocaine possession. As a result, black convicts faced much more strict sentences than their white counterparts for essentially the same crime.

The United States Supreme Court even ruled in Kimbrough v. U.S., that judges could sentence defendants below the sentencing guidelines for crack offenses. The new bill will reduce the disparity from 100 to 1 to approximately 18 to 1. It is a minor victory in reducing the sentencing disparities for crack possession versus cocaine possession.

Continue Reading