As reported in the November 12, 2012 edition of the Rhode Island Lawyers' Weekly, a Pawtucket man has been arrested and charged with multiple drug offenses. The man's neighbors filed complaints regarding suspected drug activity. Upon his arrest, the man was found with cash, marijuana, heroin, Diazepam and Oxycodone. He has been charged with possession of marijuana, heroin and Oxycodone with intent to deliver, possession of Diazepam and maintaining a common nuisance. He is currently being held as a probation violator.
Pursuant to Rhode Island General Laws 21-28-4.01(a), it shall be unlawful for any person to manufacture, deliver, or possess with intent to manufacture or deliver a controlled substance. All controlled substances are categorized into different schedules based on their potency and potential for addiction. Heroin and marijuana are classified as schedule I substances, Oxycodone as a schedule 2 substance and Diazepam as a schedule 4 controlled substance.
The penalties for possession with intent to deliver are based on the schedule of the drugs. If convicted of possession with intent to deliver heroin, marijuana or Oxycodone the penalties include, a controlled substance classified in schedule I or II, is guilty of a crime and upon conviction may be imprisoned for not more than thirty (30) years, or fined not more than one hundred thousand dollars ($100,000) nor less than three thousand dollars ($3,000), or both.
Possession of a controlled substance, such as Diazepam is punishable by 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.
Pursuant to R.I.G.L. 21-28-4.06, defines maintaining a common nuisance as any store, shop, warehouse, building, vehicle, aircraft, vessel, or any place which is used for the unlawful sale, use, or keeping of a controlled substance shall be deemed a common nuisance.
(b) Any person who violates this section with respect to:
(1) Knowingly keeping and maintaining a common nuisance as described in subsection (a) may be imprisoned for not more than five (5) years, and fined not more than five thousand dollars ($5,000), or both.
If you or a family member has been charged with possession of marijuana, possession with intent to deliver or other drug charges, please allow Attorney Robert H. Humphrey's reputation, experience and skill to successfully guide you through the legal process. Please contact Attorney Robert H. Humphrey, Esq., at 401-816-5862 or e-mail him at rhh@rhumphreylaw.com.