A drug offense in Rhode Island can involve a case of possession of an illegal controlled substance or distribution, manufacturing or trafficking in an illegal controlled substance. A case of possession of marijuana is a misdemeanor offense and will be heard in the district court. Attorney DelSignore has defended numerous case of possession of marijuana in the Rhode Island District Court. The issue in a possession case is whether the State can prove that a person exercised dominion and control over the marijuana seized and had legally seized the person in accordance with the United States Constitution and Rhode Island Constitution.

Cases involving possession of other substances like cocaine or heroin are felonies in Rhode Island and are heard in the Rhode Island Superior Court. The difference between a felony and a misdemeanor in Rhode Island is the potential for a longer sentence upon conviction.

A distribution case requires the State to prove that a defendant not only possessed an illegal substance but had the further intent to distribute it. A charge of possession with the intent to distribute carries the following potential penalties:

Defenses to drug charges alleging an intent to distribute include:

• Constitutional challenges to any search of any residence, based on a lack of probable cause to issue the warrant; constitutional challenges based on improper motor vehicle stops and or unlawful searching of a motor vehicle.
• Lack of intent to distribute.
• Lack of possession of narcotics.
• Types of resolutions short of trial involve, reducing the charge to possession, amending the charge based on the amount seized.