is weed legal in rhode island

Is Weed Legal In Rhode Island: Full Guide

Table of Contents

Rhode Island is known as the Ocean State – named for its beautiful coastline and historic ports. Visitors can explore the state’s rich history by visiting landmarks such as the Newport mansions, the Providence Performing Arts Center, and the Roger Williams Park Zoo. Rhode Island is also famous for its delicious seafood, including clam chowder, lobster rolls, and stuffed quahogs. In terms of weed laws, you might be wondering, “Is weed legal in Rhode Island?” Read on to find out the full scoop. 

Is Weed Legal in Rhode Island? Straight to the point.

  • Recreational THC: Yes 
  • Medical THC: Yes
  • CBD: Yes
  • Delta-8: No

Medical Weed Laws

Rhode Island legalized medical marijuana in 2006. The minimum age for medical marijuana patients in Rhode Island is 18 years old. However, patients under the age of 18 may still qualify for medical marijuana if they have a caregiver who is at least 21 years old.

Qualifying conditions include but are not limited to:

  • Cancer or the treatment of this condition
  • Glaucoma or the treatment of this condition
  • Positive status for Human Immunodeficiency Virus (HIV) or the treatment of this condition
  • Acquired immune deficiency syndrome (AIDS) or the treatment of this condition
  • Hepatitis C or the treatment of this condition
  • A chronic or debilitating disease or medical condition or its treatment that produces one or more of the following:
    • Cachexia or wasting syndrome
    • Severe, debilitating, chronic pain
    • Severe nausea
    • Seizures, including but not limited to those characteristic of epilepsy
    • Severe and persistent muscle spasms, including but not limited to those characteristic of multiple sclerosis or Crohn’s disease
    • Agitation related to Alzheimer’s Disease

To obtain a medical marijuana card in Rhode Island, patients must be diagnosed with a qualifying medical condition. Patients must obtain a written certification from a licensed healthcare practitioner in Rhode Island, which must be submitted along with their application for a medical marijuana card.

In addition to a written certification, patients must also provide proof of Rhode Island residency and a valid government-issued ID to apply for a medical marijuana card. Once approved, medical marijuana patients in Rhode Island are granted legal protection for possession, use, and cultivation of medical marijuana.

Patients with a valid medical marijuana card in Rhode Island may purchase up to 2.5 ounces of usable marijuana every 15 days from a licensed dispensary. Medical cardholders can grow up to 12 mature and 12 immature plants at their home. 

Recreational Weed Laws

Rhode Island legalized recreational marijuana on May 25, 2022, becoming the 19th state in the United States to do so. As a result, you can now legally possess up to one ounce of marijuana on your person and up to ten ounces in your home. You can also grow up to three mature and three immature marijuana plants in your home.

But there are still some things you should know about the law. For example, you must be at least 21 years old to possess or purchase marijuana in Rhode Island legally. And while possessing between one and two ounces of marijuana outside the home is now only a civil offense punishable by a fine, you can still be arrested if you fail to provide a police officer with identifying information about yourself.

If you have a civil violation or criminal conviction for a possession of marijuana offense that has now been decriminalized, the law provides for the expungement of that violation or conviction at no cost.

In terms of employment, employers are generally barred from disciplining or terminating employees based on their off-duty use of marijuana unless the person is under the influence at work. However, certain occupations, federal requirements, or collective bargaining agreements may have different rules.

If you have children, it’s important to know that the state cannot take adverse action against parents based solely on their marijuana use unless there is clear evidence that it has created an unreasonable danger to the safety of a minor.

Is Weed Decriminalized in Rhode Island?

Yes, marijuana has been decriminalized in Rhode Island. Possession of up to one ounce of marijuana is considered a civil violation, punishable by a fine of $150 for a first offense, $250 for a second offense, and $500 for a third or subsequent offense.

However, it is important to note that possessing more than one ounce of marijuana is still considered a criminal offense in Rhode Island and can result in arrest and criminal penalties. Additionally, the sale or distribution of marijuana without a license is still a criminal offense in Rhode Island. See below for more penalties related to possession and distribution. 

Cannabinoid Variants

In addition to the regulated marijuana market, there is a vast hemp-derived cannabinoid market that comes with its set of rules and regulations. It all started with CBD but has since exploded into many other cannabinoids. With each state governing its own policies, here is where Rhode Island stands. 

Is CBD legal in Rhode Island?

The 2018 Farm Bill legalized industrial hemp production in the United States. This legislation opened up vast possibilities for CBD-rich hemp to enter the mainstream market, allowing consumers to purchase CBD in retail establishments and online. CBD is often found in supplements, topicals, edibles, portable vape pens, home goods, and beauty and body care products. 

The Farm Bill legally protects CBD production, but it is not without stipulation. All commercially available CBD products must be derived from hemp and contain less than 0.3% Delta-9 THC. However, some states have elected to regulate CBD independently and may have further restrictions on its use and distribution. Yes, CBD is legal in Rhode Island as long as it is derived from hemp and contains less than 0.3% THC.

Is Delta-8 legal in Rhode Island?

Delta-8 THC is considered illegal in Rhode Island according to Title 21 of the Rhode Island Code of Federal Regulations. This regulation prohibits all isomers of tetrahydrocannabinol, including Delta-8 THC, categorizing them as Schedule I substances with no medicinal value. Therefore, possession of any amount of Delta-8 THC is not permitted.

Is Delta-10 legal in Rhode Island? 

Delta-10 THC is a minor cannabinoid found in cannabis plants. Although it is not as well-studied as Delta-9 THC, some users claim it produces a milder and more uplifting high. Currently, it is considered illegal in Rhode Island.

Are THC-O and other THC variants legal in Rhode Island? 

In recent years, alternative hemp-derived cannabinoids have dominated the market as a more accessible way to get high. However, they have existed in a legal gray area until February 2023. 

The Drug Enforcement Administration (DEA) has declared Delta-8-THC-O and Delta-9-THC-O illegal controlled substances. These compounds are not naturally occurring in either hemp or marijuana and are considered synthetic cannabinoids. 

The 2018 Farm Bill legalized industrial hemp and its byproducts so long as they contain no more than 0.3% Delta-9-THC by volume. The market for cannabinoids has grown in the states since then as several alternative cannabinoids emerged, including synthetic THC isomers. 

For the time being, this latest update does not affect alternative cannabinoids like THC-JD, THC-P, THCP-O, THC-H, and THC-B because they do exist naturally in trace amounts. Advocates feel that only the end of the federal prohibition on marijuana will successfully regulate synthetic or naturally occurring cannabinoids.

Are HHC and HHC-O legal in Rhode Island?

Both HHC and HHC-O are synthetic cannabinoids that are chemically similar to Delta-8 THC and Delta-9 THC, but with some structural differences. However, their legal status is a little murky. Many sources put them both into a gray area, citing HHC and HHC-O as most likely illegal in Rhode Island. 

Cultivation Laws

If you have a medical marijuana card in Rhode Island, you’re allowed to grow up to twelve plants in your home, as long as you keep them out of sight from the public. But hold up! If you want to grow marijuana for selling purposes, you need to get a license first. If you don’t have a license and get caught, you could face some serious consequences, like criminal charges, fines, and even jail time. So, it’s essential to comply with all the relevant laws and regulations related to marijuana cultivation and sale in Rhode Island.

If you’re thinking about getting a cultivation license, you need to submit a complete application package to the Office of Cannabis Regulation. The package should include a signed hard copy of your completed application, all forms, and supporting documents. Along with the non-refundable application fee of $5,000, payable to the General Treasurer, State of Rhode Island, in the form of a cashier’s check or money order.

Where to Buy Weed in Rhode Island

Are you looking to buy weed in Rhode Island? If so, it’s important to understand the current regulations and options available. While the sale and possession of recreational marijuana have been legalized in the state, specific details on where and how to purchase it are still being developed by the government. Here’s what you need to know. 

Dispensaries 

Recently, Rhode Island passed a law legalizing the sale and possession of recreational marijuana. However, details on the specifics of where and how it can be purchased have not yet been fully established. Recreational marijuana sales are expected to be implemented in 2023, with regulations being developed by the state government.

Currently, individuals who hold a valid medical marijuana card can purchase marijuana from licensed dispensaries throughout the state, offering a variety of cannabis products such as flowers, edibles, tinctures, and concentrates. 

Delivery

Delivery of medical marijuana is legal in Rhode Island for licensed dispensaries, allowing individuals with medical marijuana cards to receive their purchases directly at their homes.

However, delivery of recreational marijuana is not yet established in Rhode Island, as the state government is still developing regulations for the sale and distribution of recreational cannabis.

Direct to Consumer

Direct-to-consumer or online purchasing of marijuana is not yet established in Rhode Island for recreational use, as regulations are still being developed for the sale and distribution of recreational cannabis.

However, individuals with valid medical marijuana cards may be able to purchase marijuana online or through delivery services from licensed dispensaries in Rhode Island. It is important for individuals only to purchase cannabis products from licensed dispensaries to ensure compliance with state laws and regulations.

Black Market

Despite legalization efforts, the marijuana black market remains active. The illegal purchase of weed from a black market dealer comes with serious risks. Not only is it difficult to determine the potency and purity of the product, but the legal implications can be disastrous. In some cases, a mere slap on the wrist, but in others, buying weed illegally results in jail time or a prison sentence. For those that live in a state with a medical or recreational marijuana program, it’s best to obtain cannabis through legal channels.

General FAQ

Where can you smoke weed in Rhode Island? 

In Rhode Island, smoking marijuana is only legal in private residences. Smoking in public places, such as parks or sidewalks, is illegal and may result in civil fines or other legal penalties.

It is important for individuals to be aware of their surroundings and only to consume marijuana in accordance with state laws and regulations. Additionally, landlords and employers may have their own policies regarding the use of marijuana, and individuals should consult with them for further guidance on whether or not it is allowed on their property or at their workplace.

Can you smoke weed in public in Rhode Island? 

No, smoking weed in public places in Rhode Island is illegal. It is only legal to consume marijuana in private residences, such as one’s own home.

When was weed legalized in Rhode Island?

Rhode Island legalized medical marijuana on January 3, 2006, through the Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act. More recently, on May 25, 2022, Rhode Island also legalized recreational marijuana, making it the 19th state in the United States to do so.

Punishment for Illegal Acts FAQ

What are the penalties for selling, gifting, transporting, or importing weed?

Possession of up to one ounce of weed in Rhode Island is legal for personal use. However, possession of more than one ounce to one kilogram is a misdemeanor punishable by up to one year in jail and a fine of up to $500. 

If you’re caught with intent to distribute, possession of between 1-5 kilograms is a felony punishable by a mandatory minimum sentence of 10 years in jail and a fine of up to $500,000. 

Possession of more than 5 kilograms is a felony punishable by a mandatory minimum sentence of 25 years in jail and a fine of up to $100,000. Sale or possession within 300 yards of a school, public park, or playground doubles the penalties. 

Sale or cultivation of weed can lead to a maximum sentence of 30 years imprisonment and a maximum fine of $100,000 for more than one ounce to one kilogram, a mandatory minimum sentence of 10 years imprisonment, and a maximum sentence of 50 years imprisonment as well as a maximum fine of $500,000 for between 1-5 kilograms, and a mandatory minimum sentence of 20 years imprisonment and a maximum of life imprisonment as well as a maximum fine of $500,000 for 5 kilograms or more.

What is the penalty for selling to a minor?

In Rhode Island, delivering or selling marijuana to a minor who is at least three years younger than the offender is a serious offense. This offense is considered a felony and is punishable by a maximum fine of $10,000 and between 2-5 years imprisonment.

What is possession with the intent to sell?

Possession with intent to sell, also known as possession with intent to distribute, is a criminal offense that occurs when someone is caught in possession of drugs, and the police believe that the drugs are not just for personal use but intended for sale or distribution to others. The penalties for possession with intent to sell can be severe and include fines and imprisonment. 

In Rhode Island, possession of 1-5 kilograms of marijuana with the intent to sell is a felony punishable by a mandatory minimum sentence of 10 years and a maximum of 50 years imprisonment, as well as a fine of up to $500,000. Possession of more than 5 kilograms is a felony punishable by a mandatory minimum sentence of 25 years and a maximum sentence of life imprisonment, as well as a fine of up to $100,000.

When is possession still a crime?

Possession of marijuana is still a crime in Rhode Island if you are under the age of 21 or if you possess more than one ounce in a public place. Additionally, possessing marijuana in a school, on school grounds, or within 300 feet of a school is considered a crime.

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