Newport RI Marijuana Attorney Interviewed by Lawyers Weekly
A quick word with … S. JOSHUA MACKTAZ 
Rhode Island Lawyers Weekly
Published: September 10, 2009
Printed: September 14, 2009 issue
By Noah Schaffer
Age: 41
Graduated: Suffolk University Law School (1993)
Bar admission: 1993
Job: Sole practitioner, Providence
Practice area: Criminal defense, including marijuana crimes
A former special assistant attorney general, S. Joshua Macktaz has handled more than a thousand cases involving misdemeanor and felony marijuana possession, sale and distribution. In 1997, he left the AG’s Office and became a defense attorney. He discussed with Lawyers Weekly’s Matt Yas the issue of marijuana decriminalization and the Legislature’s passage of a bill earlier this year approving marijuana “compassion centers.”
Q. What draws you specifically to marijuana cases?
A. For one thing, they’re easy to defend. They’re just not treated as harshly anymore. Since the changes in the laws, offenders are much more likely to have their cases dismissed or receive community service and expungement of the charges.
Q. So the recent legislative changes have had a tangible effect?
A. No question. I am constantly citing the Massachusetts decriminalization of marijuana and the Legislature’s approval of compassion centers here in Rhode Island, a bill that passed on an override of the governor’s veto. These examples of the changes in perception about marijuana serve as effective arguments in court, particularly in the towns.
Q. Can you cite an example of this turning tide toward more compassionate rulings?
A. I had a case involving two professional clients — one a special needs teacher — who attended the annual Charlestown Music Festival. An undercover cop witnessed what appeared to be a joint being passed around. He observed my clients partaking in, then disposing of and stomping out, the cigarette — so, clearly guilty. The case was dismissed in exchange for community service and a donation to the City Solicitor’s Victims’ Fund.
Q. What are your feelings, as a citizen first and a lawyer second, about the illegal status of marijuana?
A. I think it’s ridiculous that possession is a crime. We’d be better off legalizing it, regulating it and taxing it. As a criminal defense attorney, I don’t mind the business, but good people are getting criminal records this way. As long as alcohol isn’t illegal, marijuana shouldn’t be, either. I’m sure the sale or cultivation of marijuana will never be legalized, or driving under the influence, but small amounts for simple possession should be. Then tax the heck out of it!
Q. Finally, are you aware that if an Internet user types “marijuana lawyer Rhode Island” into a Google search, yours is the first and only name to come up? Has that been a key to your steady stream of business?
A. I have a good web optimizer — I have to credit him for that one. But the business has been consistent regardless, because I have been able to resolve so many cases in this area favorably.
Published on September 10, 2009 in the RI Lawyers Weekly Blog and found on newstands through out Rhode Island in the Rhode Island Lawyers Weekly's September 14th publication. RILawyersWeekly.com is a subscription based online publication available to the public.
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