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Drug and Narcotic Offenses

Drug and Narcotic Offenses

Rhode Island Drug and Narcotic Offense Information

Each state and the federal government have laws against the unlawful use, manufacture, and distribution of drugs. The purpose of these laws is to reduce the unlawful consumption of drugs, reduce drug-related crimes, and severely punish repeat offenders and major drug dealers. Drug Schedules Federal drug statutes classify controlled substances according to “schedules.” The Attorney General has the authority to delete, add or reschedule substances. State schedules refer to or are based on federal schedules. Drugs included on these schedules are referred to as “Controlled Dangerous Substances” (“CDSs”). Punishment for drug and narcotic offenses generally depends on:

  • The quantity of the drug.
  • It’s classification under the schedules.
  • The purpose of its possession. The most serious drug crimes are:
  • Producing illegal drugs
  • Manufacturing drugs
  • Selling drugs — For example, a person “dealing” (selling) five or more ounces of heroin or cocaine can be jailed for more than 10 years.Possession of drugs with the intent to distribute them is also a serious crime. Prosecutors can prove your intent to distribute drugs just by showing the quantity of the drug, without any evidence that you actually distributed the drug.In most states, possession of drugs for personal use is a serious crime. But in some states, possession of drugs for personal use is punished less severely than distribution crimes. For example, in some states, possession of a small amount of marijuana (less than 50 grams) is decriminalized or treated as a disorderly person’s offense. A person convicted of a disorderly person’s offense is generally not imprisoned but may be placed on probation or ordered to pay a fine. However, possession of a larger quantity of marijuana or other drug, even if for personal use, is treated as a serious crime.

 

ENHANCED PUNISHMENT

Some states have enhanced penalties for drug crimes. These penalties go into effect if:

  • Minors are used to distribute the drugs
  • The drugs are delivered or sold to minors;
  • The drugs are sold or distributed on school property. Enhanced punishments vary from state to state. You may also be in danger of “forfeiting” your property if you’re convicted of a drug crime. For example, if your house is used to make and distribute drugs, the government may be able to seize your house.

 

Rhode Island Drug Offenses

§ 21-28-4.01 Prohibited acts A – Penalties. – (a)

(1) Except as authorized by this chapter, it shall be unlawful for any person to manufacture, deliver, or possess with intent to manufacture or deliver a controlled substance.

(2) Any person who is not a drug-addicted person, as defined in § 21-28-1.02(18), who violates this subsection with respect to a controlled substance classified in schedule I or II, except the substance classified as marijuana, is guilty of a crime and upon conviction may be imprisoned to a term up to life or fined not more than five hundred thousand dollars ($500,000) nor less than ten thousand dollars ($10,000), or both.

(3) Where the deliverance as prohibited in this subsection shall be the proximate cause of death to the person to whom the controlled substance is delivered, it shall not be a defense that the person delivering the substance was at the time of delivery, a drug-addicted person as defined in § 21-28-1.02(18).

(4) Any person, except as provided for in subdivision (2) of this subsection, who violates this subsection with respect to:

(i) A controlled substance, classified in schedule I or II, is guilty of a crime and upon conviction may be imprisoned 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;

PROFESSIONAL DRUG DEALERS

Special laws cover professional drug dealers. A “drug kingpin,” or a person organizing, financing, or managing a business to manufacture, transport or sell drugs, commits a serious crime. Special sentences are reserved for professional drug dealers. The federal government has the death penalty for drug kingpins. Some states impose 25 years imprisonment without parole for professional drug dealers.

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Testimonials

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Josh was very professional. Took time to answer all my questions in a timely fashion. Made me feel at ease about the situation. Great lawyer
Brandon Nantais
Brandon Nantais
10:06 07 May 19
Mr. Macktaz is an outstanding lawyer. He goes above and beyond for his clients making sure they get the best possible outcome there is! He believes good people sometimes make bad mistakes. I would highly reccommend his services. He will be with you every step of the way.
Haley Nims
Haley Nims
17:00 05 May 19
Josh Macktaz is is an excellent attorney who really goes above and beyond for his client.I found him to be very trustworthy and intelligent. I had a technical probation violation. I needed a good lawyer for representation and Josh came highly recommended. He was very honest, respectful and made you feel at ease throughout the whole process. I would highly recommend him to family & friends.Thank You Josh & God Bless -Sam
Sam Wlt
Sam Wlt
18:21 01 May 19
Josh is committed to following through with his clients and ensuring they are happy. He is not only thorough but he is very responsive and cares. I appreciated his help and he adequately explained the process.
Aly Starr
Aly Starr
02:27 25 Feb 19
My Experience with Josh representing me was beyond what I could have hoped for. Josh explained his thoughts and exceptions on my case & followed through to receive the best outcome.. Cannot thank you enough Josh!
Troy McGann
Troy McGann
13:12 15 Jan 19
I highly recommend the services of Josh Macktaz. He was responsive, efficient and very realistic about my case and the associated penalties. My legal costs were exactly as he suggested on our first call (which were fair). He is very knowledgeable of the Rhode Island law and has very strong contacts at the traffic tribunal. Related, he handled minor hearings without me which saved me money and travel time. He did the best possible job for a guy in my situation. Anyone that has a drunk driving charge in RI that does not consider Josh Macktaz is risking their future and wasting their dollars.
Chad M
Chad M
23:10 13 Jan 19
My experience with Josh was beyond positive. If I could rate higher than five stars I would. Through out my entire process he was professional, straightforward, knowledgeable and understanding. It did not take long after meeting him I knew I needed him to represent me. Although my road was long Josh stuck with me every step of the way. There is no doubt in my mind without him I would not have been able to get the best possible outcome in my case. For that my family and I are forever grateful to him. He truly is a master of his craft and a fighter through and through. If you need representation look no further " This is the Man you want In your corner."
Daniel James
Daniel James
14:08 22 Dec 18
I hired Joshua Mactaz to represent me. He did an amazing job. He is very knowledgeable, hard worker and will do anything for you. I would recommend him to anyone and I would certainly have him represent me again.
Susan DeFedele
Susan DeFedele
06:41 14 Dec 18
We always dealt with Josh Macktaz directly. He walked us through every step of the process and answered all our questions. His representation for us in the court room was handled professionally and we are extremely happy with the outcome.
Cheryl DeFeo
Cheryl DeFeo
00:24 14 Dec 18
Amazing lawyer. Josh explained every step to resolving my issue and got me the best possible outcome for my case. He is very to the point and will fight to defend his clients in their toughest times. If you find yourself in trouble in Rhode Island, there is no one I would recommend more than Josh!
James McKeown
James McKeown
04:46 06 Oct 18
Prior to contacting Joshua I was a mess. He put me at ease during my free consultation and I decided he was the right person to represent me on the spot. He delivered on everything he said he would.
Anthony Mayer
Anthony Mayer
19:38 14 Sep 18
Joshua was great he dealt with my case with effectivness and in a very timely manner. He call me when he was telling me that he was going 2 change or do something that would benefit my case I appreciate the professionalism he gave and showed I would highly recommend using his services
Chris Baccelli
Chris Baccelli
19:59 12 Sep 18
After meeting with several lawyers I chose Mr. Macktaz to represent me. His professionalism and positive attitude helped ease the stress of a difficult situation. Josh provided a detailed timeline of the court process and was clear on what my expectations should be. He was prompt in returning my calls and answered any questions or concerns that I had. I would recommend Josh to anyone in need of representation as he went above and beyond in securing the best possible outcome for my case.
Paul DiLorenzo
Paul DiLorenzo
04:31 14 Aug 18
With Joshua Macktaz, Professional... he helped in my case and I thank him for his help and I truly recommend him for any case, one of the best in the business
jose carrion
jose carrion
23:23 11 Aug 18
Mr. Macktaz was very professional and helped me with my legal issues swiftly and very effectively. Who knew what to do and every steps to take. Highly recommended, one of the best in the business.
Uodam Sann
Uodam Sann
15:08 10 Aug 18
I will start off by saying I knew nothing about the criminal or traffic court system until March 2018. I made a choice to have one too many and was arrested (DUI). Dealing with the embarrassment of an arrest and fear of losing my job, I "google searched for a DUI lawyer" and Josh Macktaz name appeared. Although apprehensive about using a a Google Review to determine my future, I made the call. This is my experience... 1) Mr. Macktaz made time to meet me the day I outreached him. (free consultation)2) During our initial meeting Macktaz outlined in detail what I had ahead of me; including court dates and car insurance details.3) Mr. Macktaz was at every court appearance and explained what was going to happen in court and the potential outcome.4) He was confident in what the outcome would be... and he was right!In closing... would I retain Mr. Macktaz if I ever needed criminal representation again? Yes, he would be my first phone call. He continually follows up with his clients. I never felt the need to outreach Mr. Macktaz since he called or emailed first!
Paul
Paul
22:15 03 Jul 18
Professional, experienced and extremely knowledgeable! Josh took the time to answer all my questions, and was always very responsive. He was able to put my mind at ease. He was able to get my charges dismissed and my case expunged. Best Attorney in RI!!!
LORENZO CAIANI
LORENZO CAIANI
15:56 09 May 18
Josh was very professional and extremely knowledgeable of my situation. He took the time to meet with me face to face multiple times to gather all the facts so he could develop the best plan possible. After collecting the facts he sat me down and he discussed all the options I had and why certain options may or may not be available in my situation. During this very difficult time, I at least felt comfortable that I received the best possible outcome and Josh is the reason why. A true professional through and through.
Neal Manaskie
Neal Manaskie
19:28 23 Apr 18
For someone who is totally new to the court system Josh took the time to sit and explain options,situations and solutions before he even a dollar was given. He made you feel protected within the court system, and I would recommend him to anyone looking for good help. He was a total down to earth and knowledgeable person someone you'd want on your side. Any help or questions I had were solved within hours by email and he kept connected with me throughout the whole process. Me and my whole family are greatful for the help! Thanks Josh !
Dylan Nunez
Dylan Nunez
02:54 22 Mar 18
Josh is unlike any attorney I've ever had contact with: and I have worked with and for several. Customer service is a key part of the great service he personally delivered. It is with great confidence that I am able to refer him. He brought me the best results possible. He also returned every single phone call. Thanks Josh!
Kathleen Whitmarsh
Kathleen Whitmarsh
17:07 13 Mar 18

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