Rhode Island Marijuana Laws

Cannabis is legal for recreational and medical uses in Rhode Island. Adults 21 and older are permitted to:

  • Possess up to one ounce of marijuana in public or ten ounces at private residences,
  • Cultivate up to six plants (of which only three may be mature) at private residences
  • Purchase limited amounts at licensed retailers.
Rhode Island marijuana laws

LAW BREAKDOWN

LAW BREAKDOWNS

Marijuana was legalized for all purposes in Rhode Island by the Rhode Island Cannabis Act, which was signed into law in May, 2022.

Possession

Marijuana possession is capped at one ounce for adults in public but it is legal to store up to ten ounces at home, of which a maximum of five grams can be concentrates.

Individuals with marijuana possession convictions concerning these amounts or less will have their records automatically expunged, and may petition the courts to have this process expedited.

Possession of between one and two ounces is a civil violation incurring a fine similar to a parking ticket. It is also a civil violation of an individual aged between 17 and 20 to possess up to two ounces.

Possession of between ten ounces to one kilogram in public is considered a misdemeanor, punishable by up to one year in jail and a maximum $500 fine.

Possession of amounts greater than 1 kilogram are considered to be with the intent to distribute. Up to five kilograms, this results in a mandatory minimum sentence of 10 years and a maximum sentence of 50 years. Amounts greater than 5 kilograms carry a mandatory minimum of 25 years and a maximum fine of $500,000.

Penalties for marijuana possession with intent to distribute may be doubled if the offense occurs within 300 yards of a school.

Offense Penalty Incarceration Max. Fine

Personal Use

Less than 1 oz Civil Violation None $ 150
1 oz – 1 kg Misdemeanor 1 year $ 500

With Intent to Distribute

1 – 5 kg Felony 10* – 50 years $ 500,000
More than 5 kg Felony 25 years* – life $ 100,000
Within 300 yards of a school may result in double penalty.
* Mandatory minimum sentence

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Sale and Cultivation

Unlicensed sales of cannabis is a crime in Rhode Island but under the state’s marijuana legalization law gifting up to one ounce is permitted, as is home cultivation of up to six plants.

Exceeding these limits still carries stiff penalties though.

Sales or cultivation between one ounce and one kilogram is a felony subject to a maximum sentence of 30 years in prison and a maximum fine of $100,000.

Sales or cultivation between one and five kilograms is subject to a mandatory minimum sentence of ten years in prison, a maximum sentence of 50 years and a maximum fine of $500,000.

If the sale involves a minor at least three years younger than the seller then there is an additional penalty of between two and five years in prison as well as a maximum fine of $10,000.

If the offense occurs within 300 yards of a school, these penalties may be doubled.

Offense Penalty Incarceration Max. Fine
Less than 1 kg Felony 30 years $ 100,000
1 – 5 kg Felony 10* – 50 years $ 500,000
More than 5 kg Felony 20 years* – life $ 10,000
To a minor at least three years younger Felony 2 – 5 years $ 100,000
Within 300 yards of a school may result in double penalty.
* Mandatory minimum sentence

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Concentrates

Rhode Island’s recreational marijuana legalization law allows for possession of up to five grams of concentrates. Otherwise, hashish, hash oil, and other cannabis concentrates are treated the same as marijuana flower under state law.

Offense Penalty Incarceration Max. Fine
Penalties for hashish are the same as for marijuana. Please see the marijuana penalties section for further details.

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Paraphernalia

Marijuana paraphernalia is banned in Rhode Island unless it’s intended, marketed, and used solely for legal purposes. Otherwise, manufacture, sale, delivery, or possession are unclassified offenses with a top penalty of two years in prison and $5,000 in fines. Delivery of drug paraphernalia to a minor is also an unclassified offense and comes with a maximum punishment of 5 years in prison and $5,000.

Paraphernalia includes any items intended for use with the cultivation, processing, harvesting, testing, analysis, storage, inhaling, ingesting, or otherwise introducing of marijuana to the body.

Offense Penalty Incarceration Max. Fine
Manufacture, sale, delivery, or possession with intent to sell or deliver Not Classified 2 years $ 5,000
Delivery to a person under 18 years Not Classified 5 years $ 5,000

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Miscellaneous

For adults 21 and older, it is legal to consume cannabis anywhere that cigarette smoking is permitted, though this can change should local jurisdictions adopt ordinances prohibiting the practice.

Medical Marijuana

MEDICAL MARIJUANA

Rhode Island’s medical marijuana law became effective in 2006, allowing the medicinal use, possession and cultivation of cannabis for qualifying patients.

QUALIFYING CONDITIONS:

  • Alzheimer’s Disease
  • Austism
  • Cachexia
  • Cancer
  • Chronic pain
  • Crohn’s disease
  • Glaucoma
  • Hepatitis C
  • HIV/AIDS
  • Nausea
  • Persistent muscle spasms
  • Post traumatic stress disorder
  • Seizures
  • Other conditions are subject to approval

PATIENT POSSESSION LIMITS:
Two and a half ounces

HOME CULTIVATION:
Yes. Up to 12 mature plants and 12 seedlings are permitted within an indoor facility.

Two or more cardholders are permitted to cooperate in the cultivation of cannabis in residential/non-residential locations subject to the following:

Non-residential – no more than 10 ounces of useable cannabis, 48 mature plants and 48 seedlings are allowed.
Residential – no more than 10 ounces of usable cannabis, 24 mature plants and 24 seedlings are allowed.

STATE-LICENSED DISPENSARIES:
Yes, no more than nine are allowed

CAREGIVERS:
Yes. Caregivers must be aged 21 or older and a primary caregiver may assist no more than five qualifying patients at any one time.

RECIPROCITY:
Yes. Patients with a debilitating medical condition and a registry identification card are permitted to engage in the medical use of cannabis.

Marijuana Attorney Directory

Rhode Island Marijuana Attorneys

The following Rhode Island lawyers are actively involved in the practice of cannabis law:

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