As reported by Mike McKinney in the December 5, 2013 edition of the Providence Journal, a Newport man was arrested by the Portsmouth Police Department and charged with possession of a controlled substance with intent to deliver. The man is accused of possessing heroin, cocaine and MDMA (ecstasy). At that time of his arrest, he was found with all three drugs. The arrest followed a joint surveillance effort between the Newport and Portsmouth Police Departments.
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 organized into five (5) schedules based on their risk of dependency and other factors. Heroin, cocaine and MDMA are all schedule I or II controlled substances. The penalties if convicted of possession with intent to deliver a controlled susbtance classified in schedule I or II, includes imprisonment 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.
The quantity of drugs possessed can also dictate the possible penalties if convicted. In this case, the man was found with 5.8 grams of cocaine, 12 grams of MDMA and an unknown amount of heroin. Pursuant to R.I.G.L. 21-28-4.01.1, 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 ecognine 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 or any of the substances referred to in paragraphs (i) - (iii) of this subdivision.
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).
If you or a family members has been charged with possession of cocaine, possession of marijuana, 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.