--- title: "Possession of Marijuana" url: https://www.chadbanklaw.com/possession-of-marijuana/ date: 2014-11-03 modified: 2026-06-05 author: "The Law Office of Chad F Bank" image: https://www.chadbanklaw.com/wp-content/uploads/2018/01/shutterstock_241243267-scaled.jpg type: page lang: en --- # Possession of Marijuana ## Possession of Marijuana Attorney in Rhode Island Possession of marijuana is the criminal act of unlawfully possessing various quantities of the drug. Marijuana possession leads the state in drug arrests. 50% of adults and over 80% of juveniles. This is more than any other illicit drug. **Possession of marijuana** while driving will result in an automatic suspension of the offender's driver's license. First-time offenders in Rhode Island will receive 6-month suspensions. Repeat offenders will have their licenses suspended for one year. ## Marijuana **(https://norml.org/laws/item/rhode-island-penalties-2)** in Rhode Island - Possession of less than 1 kilogram in Rhode Island is a misdemeanor possession. This is punishable by up to one year in jail and a fine of $200-$500. - Possession of 1-5 kilograms in Rhode Island is a felony possession. This carries a mandatory minimum sentence of ten (10) to 50 years in prison and a fine of $10,000-$500,000. - Possession of more than 5 kilograms in Rhode Island is a felony possession. This carries a mandatory minimum sentence of twenty five years (25) to life in prison and a fine of $25,000-$100,000. If you, or a loved one have been charged with possession of marijuana in Rhode Island, contact **Rhode Island Marijuana Offenses Defense Attorney Chad Bank** today. Call for your free consultation at 401-573-2265. The Law Office of Chad F Bank has a successful history defending marijuana cases in Rhode Island. We will fight hard for the best possible outcome for your case. Our (/criminal-defense-attorney/) office is conveniently located in Downtown Providence across from the Courthouse. We are available 24 hours a day 7 days a week to discuss your charges. ## Frequently Asked Questions Is marijuana legal in Rhode Island?(https://www.chadbanklaw.com/author/chadbankadmin/)2026-05-23T23:46:58-04:00 #### [ **** Is marijuana legal in Rhode Island? ](#collapse-1-8033) Rhode Island legalized recreational marijuana for adults 21 and over in 2022, allowing possession of up to one ounce in public and 10 ounces secured at home. Marijuana possession charges still happen for amounts over those thresholds, for possession by anyone under 21, for public consumption violations, and for any allegation of distribution or sale without a state license. Medical marijuana patients have separate and more permissive rules but still face charges if they exceed their authorized amounts or sell their supply. Driving under the influence of marijuana remains illegal regardless of legalization. What are the penalties for marijuana possession in Rhode Island?(https://www.chadbanklaw.com/author/chadbankadmin/)2026-05-23T23:47:03-04:00 #### [ **** What are the penalties for marijuana possession in Rhode Island? ](#collapse-1-8034) Possession of up to one ounce of marijuana by adults 21 and over is legal in Rhode Island and carries no penalty. Possession above one ounce but under personal-use thresholds may be charged as a civil infraction with fines. Possession over two ounces, possession by anyone under 21, possession with intent to distribute, and possession in restricted areas (schools, federal property) can result in criminal misdemeanor or felony charges with possible jail time, fines, and a permanent record. Penalties scale with the amount possessed and any aggravating factors like distribution evidence or location. Can I be charged with possession of marijuana over the legal limit in Rhode Island?(https://www.chadbanklaw.com/author/chadbankadmin/)2026-05-23T23:47:08-04:00 #### [ **** Can I be charged with possession of marijuana over the legal limit in Rhode Island? ](#collapse-1-8035) Yes. Possession of marijuana over Rhode Island's legal thresholds (one ounce in public or 10 ounces at home for adults 21 and over) can result in charges. Possession over two ounces but under one pound is typically charged as a civil infraction; possession over one pound can be charged as a felony with possible prison time. The presence of distribution evidence (scales, packaging, large amounts of cash, text messages discussing sales) can elevate possession charges to possession with intent to deliver regardless of the amount. Concentrated cannabis and edibles have separate weight thresholds that are easier to exceed. Is possession of marijuana a felony in Rhode Island?(https://www.chadbanklaw.com/author/chadbankadmin/)2026-05-23T23:47:14-04:00 #### [ **** Is possession of marijuana a felony in Rhode Island? ](#collapse-1-8036) Possession of marijuana in Rhode Island becomes a felony at higher quantities (typically over one pound), when distribution evidence is present, when possession is in restricted locations like schools, or for repeat offenses. Felony marijuana convictions carry possible state prison sentences, large fines, and lifetime collateral consequences. Most personal-use marijuana possession charges are handled as civil infractions or misdemeanors, but the threshold for felony status is lower than many people assume. Possession of concentrated cannabis (oils, waxes) and edibles in amounts that would be legal as flower can sometimes still trigger felony charges depending on THC content. Can a marijuana possession charge be expunged in Rhode Island?(https://www.chadbanklaw.com/author/chadbankadmin/)2026-05-23T23:47:19-04:00 #### [ **** Can a marijuana possession charge be expunged in Rhode Island? ](#collapse-1-8037) Yes. Rhode Island's second chance law includes a decriminalization provision that allows immediate expungement of marijuana possession convictions for amounts now legal under the 2022 recreational legalization. If you were convicted of possessing an amount of marijuana that is now legal, you can file for expungement without the standard waiting period. Convictions for amounts that remain illegal under current law require the standard waiting period (5 years misdemeanor, 10 years felony). The expungement process requires a court filing and may require a hearing. An experienced lawyer can identify whether your conviction qualifies for immediate decriminalization-based expungement. Can I be arrested for marijuana possession under 21 in Rhode Island?(https://www.chadbanklaw.com/author/chadbankadmin/)2026-05-23T23:47:25-04:00 #### [ **** Can I be arrested for marijuana possession under 21 in Rhode Island? ](#collapse-1-8038) Yes. The 2022 Rhode Island recreational legalization applies only to adults 21 and over. Marijuana possession by anyone under 21 remains illegal and can result in civil or criminal charges depending on the amount and circumstances. Possession by minors (under 18) can trigger juvenile court proceedings with separate procedural rules. Possession on school grounds or in school buses can result in elevated charges and school disciplinary action. Defense work in under-21 marijuana cases often focuses on diversion programs that avoid a criminal record, particularly for first-time offenders. What is the difference between possession and intent to distribute marijuana in Rhode Island?(https://www.chadbanklaw.com/author/chadbankadmin/)2026-05-23T23:47:30-04:00 #### [ **** What is the difference between possession and intent to distribute marijuana in Rhode Island? ](#collapse-1-8039) Possession is having marijuana for personal use. Possession with intent to distribute is having marijuana that the prosecution believes you intended to sell or share with others. The line between the two is fact-specific and the prosecution uses several evidence categories to argue intent: quantity above personal-use thresholds, presence of scales, baggies, packaging materials, large amounts of cash, text messages or social media discussing sales, and statements made at the time of arrest. Intent to distribute is a significantly more serious charge with much higher penalties. Defense work focuses on contesting the intent evidence and arguing the amount was for personal use only. Do I need a lawyer for a marijuana possession charge in Rhode Island?(https://www.chadbanklaw.com/author/chadbankadmin/)2026-05-23T23:47:36-04:00 #### [ **** Do I need a lawyer for a marijuana possession charge in Rhode Island? ](#collapse-1-8040) For civil infraction-level marijuana possession charges, the consequences are typically limited to fines and a citation, so legal counsel is not always cost-effective. For criminal misdemeanor or felony marijuana charges including amounts over the legal threshold, intent to distribute, or possession on restricted property, you should retain experienced defense counsel. A marijuana defense lawyer can challenge the legality of the search, contest the weight measurements, argue against intent-to-distribute escalation, and negotiate diversion programs that avoid a criminal record. For under-21 marijuana cases, defense counsel can often arrange diversion that keeps the case off the defendant's record entirely. ## Marijuana Charge Defense Office Location ### Rhode Island Marijuana Charge Defense Attorney The Law Office of Chad F Bank $ https://www.chadbanklaw.com/wp-content/uploads/2019/05/cropped-the-law-office-of-chad-f-bank-logo-square.jpg 127 Dorrance St Providence , RI 02903 Phone: 401-573-2265