Marijuana Decriminalization Takes Effect in Rhode Island

Rhode Island has effectively decriminalized possession of less than an ounce of marijuana.  The law, proposed by state rep John Edwards and signed last year by Gov. Lincoln Chaffee went into effect April 1, 2013.  Previous Rhode Island laws charged possession of up to an ounce as a misdemeanor (punishable by a $500 fine and up to 1 year in jail). 

Decriminalization means that holding onto less than an ounce in Rhode Island will be punishable only by a $150 fine. Fifty percent of the money from the fines, which are similar to traffic tickets, will go toward drug education and treatment programs.  Minors who are caught will be forced to attend a drug awareness program and their parents will be notified.

Rhode Island's move makes it the fourteenth state (including MA and CT) in the nation to do away with criminal penalties for possession of small amounts of marijuana. In Colorado and Washington, meanwhile, marijuana is legal.  Legislators elsewhere are also considering loosening up on pot with decriminalization bills under active consideration in Maine, Maryland and Vermont. 

Proponents suggest that decriminalization will have several beneficial consequences, including budgetary savings for state and local governments, improved welfare for marijuana users, and an improved allocation of criminal justice resources. Meanwhile, opponents have suggested that decriminalization will produce a substantial increase in marijuana use along with increased crime and other negative effects.

 Another bill rolled out this year would legalize marijuana. A survey last year conducted for the Marijuana Policy Project by Public Policy Polling found that 52 percent of Rhode Islanders would support treating weed no differently than alcohol.

What effect will decriminalization have on marijuana based probable cause?  This is far from clear.   Under the old law, the mere smell of marijuana normally constituted probable cause to search a person or vehicle, as possession alone was a criminal offense.  Under the current law although small possession is no longer criminal, it remains criminal to deliver or intend to deliver marijuana or to drive while under the influence of the drug.  Therefore, it is likely that a great deal of litigation is going to ensue over Fourth Amendment challenges to marijuana based person and vehicle searches.  

Contact: AThayer@srt-law.com

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