Is Weed Legal in Rhode Island? (2026)

Instrument

Personal use of cannabis; possession penalties

Source

https://webserver.rilegislature.gov/Statutes/TITLE21/21-28.11/21-28.11-22.htm

Retrieved

2026-11-07

Fingerprint

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R.I. Gen. Laws Sec. 21-28.11-22. Personal use of cannabis.

(a)
Notwithstanding any other general or special law to the contrary, except as otherwise
provided in this chapter, a person twenty-one (21) years of age or older shall not
be arrested, prosecuted, penalized, sanctioned or disqualified under the laws of the
state in any manner, or denied any right or privilege and shall not be subject to
seizure or forfeiture of assets for:

(1)
Possessing, using, purchasing from a licensed cannabis retailer, or processing one
ounce (1 oz.) or less of cannabis, or the equivalent amount in the form of cannabis
concentrate;

(2)
Within any residence, possessing, cultivating or processing not more than a total
of three (3) mature cannabis plants and up to a total of three (3) immature cannabis
plants per dwelling unit for personal use and as long as all security requirements
as promulgated by the commission are complied with. These limits shall apply no matter
how many persons reside at the premises;

(3)
Within the person’s primary residence, possessing up to ten ounces (10 oz.) total
of cannabis per resident, in addition to any live cannabis plants lawfully kept on
the premises in compliance with subsection (a)(2) of this section, as long as all
security requirements as promulgated by the commission are complied with;

(4)
Assisting another person who is twenty-one (21) years of age or older in any of the
acts described in this section; or

(5)
Giving away or otherwise transferring without remuneration up to one ounce (1 oz.)
of cannabis, or the equivalent amount in the form of cannabis concentrate, to a person
twenty-one (21) years of age or older, as long as the transfer is not advertised or
promoted to the public.

(b)
Notwithstanding any other general or special law to the contrary, except as otherwise
provided in this chapter, a person shall not be arrested, prosecuted, penalized, sanctioned
or otherwise denied any benefit and shall not be subject to seizure or forfeiture
of assets for allowing property the person owns, occupies or manages to be used for
any of the activities conducted lawfully under this chapter or for enrolling or employing
a person who engages in cannabis-related activities lawfully under this chapter.

(c)
Absent clear and convincing evidence that the person’s actions related to cannabis
have created an unreasonable danger to the safety of a minor child, neither the presence
of cannabinoid components or metabolites in a person’s bodily fluids nor conduct permitted
under this chapter related to the possession, consumption, transfer, cultivation,
manufacture or sale of cannabis, cannabis products or cannabis accessories by a person
charged with the well-being of a child shall form the sole or primary basis for substantiation,
service plans, removal or termination or for denial of custody, visitation or any
other parental right or responsibility.

(d)
The use of cannabis shall not disqualify a person from any needed medical procedure
or treatment, including organ and tissue transplants.

(e)
Nothing contained within this chapter or chapter 28.6 of this title shall be construed
as authorizing the smoking or vaporizing of cannabis in any public place. The smoking
or vaporizing of cannabis is prohibited in any public place that prohibits the smoking
or vaporizing of tobacco products as well as any place that prohibits the smoking
or vaporizing of cannabis including by rule, regulation, or by local ordinance.

R.I. Gen. Laws Sec. 21-28-4.01(c)(2)(ii)

More than one ounce (1 oz.) of a controlled substance classified in schedule I as marijuana is guilty of a misdemeanor, except for those persons subject to (a)(1), and, upon conviction, may be imprisoned for not more than one year, or fined not less than two hundred dollars ($200) nor more than five hundred dollars ($500), or both.

R.I. Gen. Laws Sec. 21-28-4.01(c)(2)(iii)

Notwithstanding any public, special, or general law to the contrary, the possession of one ounce (1 oz.) or less of marijuana by a person who is eighteen (18) years of age or older, and who is not exempted from penalties pursuant to chapter 28.6 of this title, shall constitute a civil offense, rendering the offender liable to a civil penalty in the amount of one hundred fifty dollars ($150) and forfeiture of the marijuana, but not to any other form of criminal or civil punishment or disqualification. Notwithstanding any public, special, or general law to the contrary, this civil penalty of one hundred fifty dollars ($150) and forfeiture of the marijuana shall apply if the offense is the first (1st) or second (2nd) violation within the previous eighteen (18) months.