Possession with Intent to Distribute Marijuana: Reduced to Misdemeanor Possession and Filed for One Year

Drug & Narcotics Offenses

Johnston Police conducting an undercover narcotics investigation received information from a confidential source about an illegal, indoor marijuana grow in the Town.  Police sought a thermal imaging warrant for the home, which demonstrated that portions of it were heat soaked – a fact consistent with growing marijuana.  Based on this information, they then sought a search warrant for the premises.  They executed the warrant and once inside, police discovered a large amount of marijuana plants in various stages of vegetation, several pounds of dried marijuana ready for distribution, various equipment and related items for marijuana cultivation, and approximately $10,000 in cash.  Based on these discoveries, police arrested the home owner and charged him in Rhode Island Superior Court with Possession with Intent to Distribute Marijuana.  He and his family retained Rhode Island Drug Defense Lawyer, John L. Calcagni III, to defend him in this matter.  Attorney Calcagni’s first success for this client was securing his release on bail.  Next, Attorney Calcagni filed a motion to suppress, alleging that the warrants for the man’s home (for thermal imaging and to search) were issued in the absence of probable cause.  With this motion pending, the prosecution offered to resolve the man’s case by reducing the charged felony to misdemeanor simple possession of marijuana and filing the matter for one year.  The man accepted the offer.  Providing he is not charged with a new offense during the filing period, the matter will be dismissed and sealed from public record.