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Rhode Island Laws and Programs

As with many states, Rhode Island has been forced by financial deficits and prison overcrowding to search for more effective approaches to their “drug problem.” There has also been the realization that continuing the “get tough on crime strategies” may do more harm than good. While Rhode Island experiences a much lower crime rate than most states, it still maintains a very high recidivism rate. This is a very serious problem focusing mostly on the “poorer” parts of the state. There is a growing emphasis in Rhode Island for state officials to develop criminal justice approaches that deliver savings and increase public safety while at the same time curtailing rising incarceration rates. Initial efforts to change existing policies and practices can be found in the state's move toward building a new reintegration center near its only prison.

Many state officials who are proponents of such efforts draw attention to the fact that most states have only sought to address the supply side of the drug problem, not the demand side. These same individuals offer another area that they feel must be addressed, that is, the increasing number of mentally ill individuals who are incarcerated for drug offenses stemming from their use of illegal drugs in order to self medicate and attempt to deal with their mental issues.

Surveys

According to 2006 and 2007 national surveys on drug use and health of those 12 years of age and older in the United States, Rhode Island had the following distinctions:

  • Across the United States, 8.1 percent of people had used an illicit drug (marijuana/hashish, cocaine/crack, heroin, hallucinogens, inhalants, or prescription-type psychotherapeutics used nonmedically) in the last month. Illicit drug use was lowest in Iowa (5.2 percent in the last month) and highest in Rhode Island (12.5 percent).
  • Nationwide, 10.2 percent reported marijuana use in the last year. Once again, Iowa had the lowest rate of marijuana use (3.8 percent) in the last month, and Rhode Island had the highest rate (10.3 percent).
  • The percentage of people who used illicit drugs besides marijuana in the last month was 3.8 percent. Rates were lowest in Iowa, North Dakota, and South Dakota (2.6 percent). They were highest in Arizona and Rhode Island (5.5 percent).
  • Just over half of respondents said they used alcohol in the last month (51 percent). Utah had the lowest alcohol use rate (30.9). Drinking behavior was most common in Rhode Island (63.1 percent).

Laws

The laws pertaining to Rhode Island drug statutes can be found in Title 21: Food and Drugs (Chapters 21–28, Uniform Controlled Substances Act, Article 21-28-4.01, Offenses and Penalties). Of particular interest in dealing with the statutes in general are Sections 21-28-4.01 to 21-4.06, which state current legal statues and penalties for unlawful activities involving controlled substances. Possession of small quantities of marijuana is a misdemeanor, carrying a punishment up to one year in prison. Punishments for possession with intent to deliver marijuana range from 10 years to life in prison, and fines range from $10,000 to $500,000.

If one is caught possessing cocaine and pleads Nolo contendere, he or she will receive 100 hours of community service and be required to attend a drug education program. Possessing up to one ounce of cocaine results in a three-year prison sentence, possessing between one ounce and one kilogram (2.2 pounds) can result in a prison sentence ranging from 10 to 50 years. If a person who is not drug dependent is caught selling cocaine, he or she will receive life in prison; however, if the person is drug dependent, the sentence is 30 years in prison and up to a $100,000 fine. Similar penalties exist for dealing heroin and methamphetamine. All penalties are increased if the drug-related activity is in a school zone.

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