Rhode Island Bill Would Defelonize Possession of Up to One Ounce of Drugs

Legislation filed today in Rhode Island would remove felony penalties for the possession of up to 28 grams of all illegal substances.

In Rhode island a 2021 law removed the possibility of a felony charge for the personal possession of up to 10 grams of illegal substances including drugs like heroin, cocaine and MDMA. Newly-filed legislation would increase this limit from 10 grams to 28 grams (or one full ounce).

The legislation would make the law retroactive, stating that any person “previously convicted of possession of twenty-eight grams (28 g.) or less of a controlled substance subject to the provisions of this subsection shall have their record modified to a misdemeanor.”

Senate Bill 1015 was filed by Senator Frank Lombardi along with eight cosponsors. It’s been assigned to the Senate Judiciary Committee.

Proponents of the bill argue that making drug possession a misdemeanor rather than a felony is more cost-effective as Rhode Island spends roughly $100,000 per year to incarcerate one person, with felony charges much more likely to lead to long-term incarceration. Felony charges also come with much harsher, life-altering consequences than a misdemeanor charge, which is already a massive burden.

Proponents also argue that the measure will lead to more racial equity, given that over half of all felony drug charges are issued to those who are black, despite them making up less than 10% of the state’s population.

For the full text of Senate Bill 1015, click here.

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