Drug Possession with Intent to Manufacture or
Deliver a Controlled Substance
Possession of drugs with intent to manufacture,
sell or distribute is a serious felony charge
with mandatory jail time if you are convicted.
You need to get started immediately on your
defense if you hope to beat the charges or get
them reduced to a penalty without mandatory
incarceration. Call me right away to discuss
your defense options.
RI Laws &
Penalties for Possession with Intent to
Sell/Distribute/Manufacture
| Class |
Fine |
Prison |
| Schedule I (1) |
$3,000-$100,000 |
up to 30 years |
| Schedule II (2) |
$3,000-$100,000 |
up to 30 years |
| Schedule III (3) |
up to $40,000 |
up to 20 years |
| (some Schedule III) |
up to $20,000 |
up to 5 years |
| Schedule IV (4) |
up to $40,000 |
up to 20 years |
| Schedule V (5) |
up to $10,000 |
up to 1 year |
Minimum Penalties and
Quantities for a Possession with Intent to
Manufacture or Sell a Controlled Substance
The following quantities of a controlled
substance have minimum penalties for Possession
with Intent to distribute a controlled substance under Rhode Island Law
§ 21-28-4.01.1. The minimum sentence is $3000
fine and 10 years in prison1 with
the following quantities:
| Substance |
Quantity |
| Heroin |
1oz to 1 kilogram (kg) |
| Cocaine |
1oz to 1 kilogram (kg) |
| PCP |
1 gram to 10 grams, or 100 to 1000
tablets |
| LSD |
one tenth (.1) of a gram, to 1 gram
or 100 to 1000 tabs |
| Marijuana |
1 kilogram (kg) to 5 kgs |
1 - Note: It is possible for a judge to issue
a sentence of less than 10 years in prison if "he
or she finds that substantial and compelling
circumstances exist which justify imposition of
the alternative sentence". and "The
finding may be based upon the character and
background of the defendant, the cooperation of
the defendant with law enforcement authorities,
the nature and circumstances of the offense,
and/or the nature and quality of the evidence
presented at trial." If so, the judge must
put this condition on the court record.
Delivery of a Schedule I/II
Controlled Substance. Not less than two (2)
years to serve; No more than twenty (20) years
to serve.
Conspiracy to Violate the
Controlled Substance Act Not less than one
(1) year(s) to serve, nor more than ten (10)
years to serve.
Forgery & Counterfeiting of
a Controlled Substance Not less than one (1)
year(s) to serve, nor more than five (5) years
to serve.
Also see my simple
possession Rhode Island drug charge page.
Additional/Multiple Offense RI Drug
Charges & Enhance Penalties
On any Second (2nd) Offense Drug charge
conviction relating to any narcotic drugs,
marijuana, depressant, stimulant, or
hallucinogenic substances, the defendant is subject to doubling
of the jail sentence, fine, or both.
On any Third (3rd) Offense Drug charge
conviction as above, the defendant is subject to
3 times the jail sentence, fine, or both.
There are substantial increases in penalties if you are
charged with distribution within a school zone
(within 300 yards of a park, playground, or
school), or selling to minor 3 years younger
than yourself. Call me for details on any
of these complicated and serious charges.
How to Beat a Rhode Island
Possession w/Intent Drug Charge
Almost any serious drug possession defense
begins with a motion to suppress on grounds of
illegal search. I will challenge the prosecution
to prove absolutely every element of the crime
to the letter of the law, within a reasonable
doubt, and I will raise the issue of reasonable
doubt at every turn.
There may also be cases where we simply want
to get the charges reduced to simple possession.
Intent to distribute is often overcharged,
especially with drug users who have a
substantial habit and possess larger quantities
of drugs for their own use. It is often possible
to get those charges reduced in exchange for
drug treatment and drug abuse education
programs.
With any charge as serious as a felony drug
possession, I'll want to get started as soon as
possible. Many of our best options to beat the
case may go away if there isn't sufficient time
to investigate the case and file motions before
certain court and legal deadlines.
Call me immediately, and I'll tell you what
your options are, and exactly what I can and
will do to fight on your behalf.
Call me today for a free legal consultation
on your drug possession w/intent to
sell/distribute charges. (401)
662-9006
Sincerely, James Powderly, Attorney at Law
Attorney James Powderly defends people accused
of drug possession, possession with intent,
possession within a school zone and other criminal
charges across Rhode Island. Call today
for a free, no-obligation, criminal defense
consultation on any RI arrest or charge. (401) 662-9006
James P. Powderly, Esq., A Rhode Island Criminal
Defense Attorney
Powderly Defense Firm
270 Bellevue Avenue, # 341
Newport, RI 02840 |
