Police Chief Fears 'Nothing Good' Will Come Out of Less Illegal Marijuana

Smoking marijuana becomes a little less illegal in Rhode Island at the stroke of midnight on Monday, April 1. That’s when it is “decriminalized” under a law passed by the General Assembly last year. 

“I don’t see any good coming out of it,” said East Providence Police Chief Joseph Tavares. “We’re heading down a bad path that will only end in tragedies.”

The law makes possession of an ounce or less of marijuana a “status offense,” not a misdemeanor or a “criminal” offense. Instead of being sent to District Court, where you could get jail time, you will go before a judge at the Rhode Island Traffic Tribunal and face a fine.

A first offense is $150. A second offense is $300. Minors face additional penalties, such as parental notification, community service, and attendance at a drug awareness program. 

A third possession charge within 18 months will revert possession to a misdemeanor. You will go back to District Court. And simple possession – not just a conviction – will count as a strike against you. 

The law also does not just address possession of marijuana in a baggie or a joint. Residue from smoking “pot” and possessing drug paraphernalia, like a smoking bowl or a bong, will get you cited as well. 

Driving while impaired penalties will not change. A driver can still be charged criminally with driving under the influence.

“My biggest concern is driving under the influence,” said Tavares. “It’s a serious threat. Many people will substitute smoking for drinking, and marijuana has its own dangers.” 

“Decriminalization also will have an impact on the way patrol officers can search vehicles and houses,” Tavares said. “We need some guidance from the Attorney General so we can give officers guidance on searches and what it will take for probable cause to do searches.”

“So many small cases lead to bigger cases right now,” the police chief said. “I think it will hamper narcotics investigations. We’re going to need to articulate a reason for a search.”

Patrol officers may face less work because they will not have to bring someone given a summons back to the police station for fingerprinting and processing into the criminal database. They will simply hand out a ticket. 

“But it’s definitely going to make it harder to search,” said Tavares. “We can still search, but we’ll need probable cause to do so.”

Instead of making it easier to smoke marijuana, Tavares said, “We need to do other things to get people off drugs. We need other solutions. We need to give them something to do instead of using marijuana for recreation and to escape.” 

The eventual impact of “decriminalization” won’t be known for a while, the police chief said. 

“The reality won’t set in until after the law takes effect,” said Tavares. He sees only bad coming out of this law right now.