As reported in the October 6, 2011 edition of the Sakonnet Times, a Tiverton man was sentenced in federal court on conspiracy and drug distribution charges involving Oxycodone. The man was arrested with three (3) other men and all four (4) pled guilty to drug charges. The arrests occurred after an investigation by Drug Enforcement Administration officers, which involved controlled buys with the four (4) suspects.
Pursuant to Rhode Island General Laws 21-28-4.01(c), it shall be unlawful for any person knowingly or intentionally to possess a controlled substance, unless the substance was obtained directly from or pursuant to a valid prescription or order of a practitioner while acting in the course of his or her professional practice, or except as otherwise authorized by this chapter.
(2) Any person who violates this subsection with respect to:
(i) A controlled substance classified in schedules I, II and III, IV, and V, except the substance classified as marijuana, is guilty of a crime and upon conviction may be imprisoned for not more than three (3) years or fined not less than five hundred dollars ($500) nor more than five thousand dollars ($5,000), or both;
(ii) A controlled substance classified in schedule I as marijuana is guilty of a misdemeanor 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.
If convicted, the penalties will also include:
(3) Additionally every person convicted or who pleads nolo contendere under paragraph (2)(i) of this subsection or convicted or who pleads nolo contendere a second or subsequent time under paragraph (2)(ii) of this subsection, who is not sentenced to a term of imprisonment to serve for the offense, shall be required to:
(i) Perform no less than one hundred (100) hours of community service;
(ii) Attend and complete a drug counseling and education program as prescribed by the director of the department of mental health, retardation and hospitals and pay the sum of four hundred dollars ($400) to help defray the costs of this program which shall be deposited as general revenues. Failure to attend may result after hearing by the court in jail sentence up to one year.
At the time of the arrest, when the DEA agents seized the drugs, they also seized cash and a car. Pursuant to 21-28-4.01, if the offense involves the use of any automobile to transport the substance or the substance is found within an automobile, then a person convicted or who pleads nolo contendere under paragraphs (2)(i) and (ii) of this subsection shall be subject to a loss of license for a period of six (6) months for a first offense and one year for each offense after this.
If you or a family member has been charged with possession of a controlled substance, possession of marijuana or other drug related charges, please allow Attorney Robert H. Humphrey's reputation, experience and skill to successfully guide you through the legal process. Contact Robert H. Humphrey at 401-816-5862 or e-mail him at rhh@rhumphreylaw.com.