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The State Laws of Rhode Island

The State Laws of Rhode Island

Disclaimer:

Due to the fact that individual state laws are constantly subject to change, individuals are encouraged to consult an attorney prior to engaging in any activity, action, or event in which the expressed legality may come into question. Furthermore, individuals interested in attaining information with regard to individual state legislature are also encouraged to perform independent research in order to substantiate the relevancy and current state(s) of specific legislation. 

Rhode Island Abortion Laws

Within the state of Rhode Island, Abortion is defined as the purposeful termination of a pregnancy through procedural means. Subsequent to the decision of Roe v. Wade, abortion became legal within the United States – however, Rhode Island state legislation expresses a variety of stipulations with regard to a legal abortion process:

•    Abortion is considered to be illegal in the state of Rhode Island unless the health and wellbeing of the mother is immediately at risk; partial birth abortions are deemed unlawful, as well – individuals conducting abortion procedures in any other setting are liable to be punished with 5 years’ incarcerations and/or fines totaling $5,000

•    Individuals under the age(s) of 18 require parental consent in the event that there exists no immediate emergency to the life of the mother

Rhode Island Common Law Marriage

Common Law Marriage is currently legal in the state of Rhode Island

Rhode Island Marijuana Laws

Within the state of Rhode Island, the possession of Marijuana – or Cannabis products – as well as the acts of growing or distributing marijuana without the expressed permission of the Rhode Island State Government is a punishable, criminal offense. The following penalties are associated with Marijuana within the state of Rhode Island:

Possession/Under the Influence of Marijuana

1.    Amount: less than 1 kilogram

•    Penalty: 1 year incarceration

•    Fines: $200 – $500

•    Classification: Misdemeanor

2.    Amount: 1 – 5 kilograms

•    Penalty: 10 years’ incarceration

•    Fines: $10,000 – $500,000

•    Classification: Felony

Cultivation/Sale of Marijuana

Supplementary Charges include Possession, Sale, and Sale to a minor with regard to Drug Paraphernalia; Marijuana charges may be subject to increase to the proximity to a school zone or Public Park – the sale of Marijuana to a minor may also incur additional fines and incarceration

3.    Amount: less than 1 kilogram

•    Penalty: 3 years’ incarceration

•    Fines: $3,000 – $100,000

•    Classification: Felony

4.    Amount: 1 – 5 kilograms

•    Penalty: 10 years’ incarceration

•    Fines: $10,000 – $500,000

•    Classification: Felony

5.    Amount: 5 kilograms +

•    Penalty: 20 years’ incarceration

•    Fines: $25,000 – $100,000

•    Classification: Felony

Medical Marijuana

Within the state of Rhode Island, Medical Marijuana is considered to be legal upon prescription by an authorized, accredited medical professional; the appropriate amount allowed is 2.5 ounces per patient

Rhode Island DWI and DUI Laws

Driving while intoxicated (DWI) and driving while under the influence (DUI) charges exist in the event that an individual ingests illegal drugs, alcohol, or controlled-substances, which may impair their respective ability to safely operate a motor vehicle; the following DUI and DWI laws exist within the state of Rhode Island:

•    Zero tolerance laws exist in the event that an individual below the legal age permissible to consume alcohol is suspected to be unlawfully operating a motor vehicle; within the state of Rhode Island, the Zero Tolerance Blood Alcohol Content Level (BAC) cannot exceed .02%

•    The BAC limit for individuals operating motor vehicles may not reach .08%; this can constitute a DUI or DWI offense

•    In Rhode Island, supplementary penalties may be incurred due to BAC levels exceeding .15%

•    Implied consent is a legal instrument that is employed within the realm of a DUI Arrest that entails a verbal or written contract resulting from the willing participation in a regulated activity, such as the operation of a motor vehicle; within Rhode Island, law enforcement agents are permitted to act in accordance with implied consent laws

•    Upon a DUI or DWI conviction, and individuals is subject to undergo the loss of driving privileges for a period of no less than 450 days’ time;  penalties can range upwards of 2 years in addition to the installation of an ignition interlock device

•    Upon a third DUI or DWI conviction, an individual is subject to undergo the confiscation of their vehicle 

Rhode Island Gun Laws

A handgun is a firearm whose smaller size is fashioned to be used upon operation by one hand, which typically fire single round ammunition; within the state of Rhode Island, handgun laws are as follows:

•    The sale, ownership, or possession of handguns with regard to convicted felons, individuals addicted to drugs or alcohol, illegal aliens, fugitives, minors without permits, and individuals who have been in long-term care in a mental health facility is illegal in the state of Rhode Island; individuals carrying illegal weapons on their person during the time of a crime, aggravated assault can be attributed to any coinciding criminal convictions imposed

•    A 7-day waiting period for the purchase of a firearm exists in the state of Rhode Island

•    Current listing or report of forearms considered to be illegal in the state of Rhode Island: sawed-off shotguns, machine guns, armor piercing bullets, purposefully-altered weaponry, silenced firearms

Rhode Island Adoption Laws

In the state of Rhode Island, an individual who has been deemed as a law-abiding citizen who is of sound mind and moral character is permitted to adopt a child; authorized individuals are only permitted to adopt individuals younger in age then themselves:

•    Within the state of Rhode Island, and individual must maintain residence for a period of no less than 6 months

•    Any individual may be adopted; children above the age(s) of 14 must express consent with regard to a potential adoption

•    Within the state of Rhode Island, the Services Department for Children and their Families mandates all adoptions

•    The statute of limitations available to challenge an adoption is 180 days’ time subsequent to the adoption

Rhode Island Employment and Labor Laws

•    Within the state of Rhode Island, the minimum wage is $7.40 awarded per hour of labor

•    Within the state of Rhode Island, an individual’s employ cannot be terminated in the event that they report a violation or hazard taking place with regard to their respective employment – or place of employment

Rhode Island Divorce Laws

Within the state of Rhode Island, a divorce is defined as the termination of a marriage, which can occur upon a decision set forth by one or both partners involved in the marriage:

•    A divorce must be filed subsequent to 60 days residence within the state of Rhode Island; in the event that an individual –or individuals – were married in Rhode Island and lived there on a continuous basis, a time constraint for filing does not exist

•    ‘No Fault’ divorce does exist on the grounds of irretrievable breakdown; this requires a 2-year separation

•    Additional grounds for divorce can include cruelty, adultery, impotence, addiction, and insanity

Rhode Island Death Penalty Laws

Within the state of Rhode Island, Capital Punishment – or the Death Penalty – is illegal

Rhode Island Gambling Laws

Within the state of Rhode Island, Gambling is defined as the purposeful risking of any or all assets, property or monies with the intention of gain; a primary stipulation exists that expressed that the individual retains no control of peripheral outcome(s) with regard to any wagers set forth:

•    Horse racing wagering is legal

•    Dog racing wagering is legal

•    Any and all unsanctioned structures and facilities intended to house gambling activity is deemed as illegal in the state of Rhode Island

Rhode Island Child Laws

Within the state of Rhode Island, the following stipulations with regard to child laws and child custody are recognized:

•    Joint custody is not permitted

•    The rights implied within grandparental visitation are recognized

•    The wishes of any or all children involves are not taken into consideration with regard to a custody decision