2021 -- S 0188 SUBSTITUTE A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO FOOD AND DRUGS -- UNIFORM CONTROLLED SUBSTANCES ACT

     Introduced By: Senators McCaffrey, Goodwin, Miller, Euer, F Lombardi, Kallman,
Archambault, Valverde, DiMario, and DiPalma

     Date Introduced: February 05, 2021

     Referred To: Senate Judiciary

     (Attorney General)

It is enacted by the General Assembly as follows:

     SECTION 1. Section 8-2-39.3 of the General Laws in Chapter 8-2 entitled "Superior

Court" is hereby amended to read as follows:

     8-2-39.3. Superior court diversion.

     (a) In accordance with § 8-6-2, the superior court may create, with the approval of the

supreme court, rules for a superior court diversion program. The presiding justice may assign a

justice or magistrate to administer the diversion program. The program is designed to offer an

alternative to traditional conviction, sentencing, and incarceration by providing eligible defendants

with a framework of supervision and services in lieu of incarceration and/or probation to help them

make informed decisions; engage in positive behavior; and reduce the risk of recidivism.

     (b) Definitions:

     (1) "Disqualifying offense" includes murder; manslaughter; first-degree arson; kidnapping

with intent to extort; robbery; felony assault -- serious bodily injury; larceny from the person;

burglary; entering a dwelling house with intent to commit murder; robbery; sexual assault; any

domestic violence offense as defined in chapter 29 of title 12; felony driving while intoxicated;

driving while intoxicated -- death resulting; driving while intoxicated -- serious bodily injury

resulting; possession of greater than one ounce (1 oz.) or greater than one kilogram (1 kg.) of a

controlled substance, excluding marijuana; possession of greater than five kilograms (5 kg.) of

marijuana; any offense requiring sex offender registration pursuant to chapter 37.1 of title 11; and

child abuse as defined in § 11-9-5.3; and all firearms offenses, as defined in chapter 47 of title 11,

with the exception of: § 11-47-6, mental incompetents and drug addicts prohibited from possession

of firearms; § 11-47-8, license or permit required for carrying pistol -- possession of machine gun;

and § 11-47-52, carrying of weapon while under the influence of liquor or drugs. The definition

shall also include any attempt or conspiracy to commit any of the offenses included in this

subsection.

     (2) "Eligible defendant" means any person who stands charged in a district court complaint,

superior court indictment, or a superior court information for a felony offense or for a misdemeanor

offense in violation of § 21-28-4.01(c)(2)(i) and:

     (i) Has not been previously convicted of or pleaded nolo contendere to a disqualifying

offense, as defined in this section;

     (ii) Has not been previously convicted of or pleaded nolo contendere previously to two (2)

or more felony offenses within the last five (5) years (excluding any time during which the offender

was incarcerated for any reason between the time of commission of the previous felony and the

time of commission of the present felony); and

     (iii) Has not been charged with a disqualifying offense as defined in this section.

     (c) The procedure for referral and admission into the program shall be as follows:

     (1) At any time after the arraignment of an eligible defendant, either in the district court or

superior court, but prior to the entry of a plea of guilty or the commencement of trial, a referral may

be made to the judicial diversion program's sentencing case manager. The referral may be made by

a representative of the department of the attorney general or counsel entered on behalf of a

defendant or upon request by a justice of the superior or district court.

     (2) The judicial diversion sentencing case manager shall ensure that the individual is an

eligible defendant, and satisfies any additional criteria established by the court through its rules and

regulations.

     (3) The judicial diversion sentencing case manager shall submit his or her report to the

justice or magistrate assigned to the program, indicating acceptance or rejection into the program.

Upon receipt of the report, the court shall confer with counsel for the defendant and counsel for the

state.

     (4) Either party may request a hearing on the issue of whether the defendant should be

admitted into the program.

     (5) The superior court magistrate or justice assigned to the program shall make the final

determination as to whether a defendant is admitted into the program.

     (d) Notwithstanding the above provisions, if counsel for the department of attorney general

and the counsel for the defendant agree that the defendant should be admitted to the program, he

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or she shall be deemed "eligible" and may be granted admission.

     (e) Once the defendant has been accepted into the program, the defendant shall sign a

contract. The contract will detail the requirements of the program, which requirements shall be

consistent with the rules and regulations promulgated by the court. The defendant will be bound by

the terms of the contract, which will set forth the court's expectations; the conditions imposed upon

and the responsibilities of the defendant; and the treatment plan goals and strategies. In addition,

by signing the contract, the defendant agrees to waive any applicable statute of limitations and/or

right to a speedy trial.

     (f) If a defendant fails to abide by the program's conditions and orders, he or she may be

terminated from the program by the magistrate or justice assigned to the program. If a defendant is

terminated from the program then he or she shall have his or her case placed on the superior court

criminal calendar in the county that the case originated.

     (g) The superior court may make such rules and regulations for the administration and

enforcement of this chapter as it may deem necessary. Provided, further, notwithstanding any

provision of the general or public laws to the contrary, the superior court shall have the power to

adopt by rule or regulation, in whole or in part, any standards, rules, regulations, or other standards

and procedures governing the judicial diversion program.

     SECTION 2. Sections 21-28-4.01, 21-28-4.01.1, 21-28-4.01.2, 21-28-4.11 and 21-28-4.14

of the General Laws in Chapter 21-28 entitled "Uniform Controlled Substances Act" is hereby

amended to read as follows:

     21-28-4.01. Prohibited acts A -- Penalties.

     (a)(1) Except as authorized by this chapter, it shall be unlawful for any person to

manufacture, deliver, or possess with intent to manufacture or deliver a controlled substance.

     (2) Any person who is not a drug-addicted person, as defined in § 21-28-1.02(20), who

violates this subsection with respect to a controlled substance classified in schedule I or II, except

the substance classified as marijuana, is guilty of a crime and, upon conviction, may be imprisoned

to a term up to life or fined not more than five hundred thousand dollars ($500,000) nor less than

ten thousand dollars ($10,000), or both.

     (3) Where the deliverance as prohibited in this subsection shall be the proximate cause of

death to the person to whom the controlled substance is delivered, it shall not be a defense that the

person delivering the substance was, at the time of delivery, a drug-addicted person as defined in §

21-28-1.02(20).

     (4) Any person, except as provided for in subdivision (2) of this subsection, who violates

this subsection with respect to:

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     (i) A controlled substance, classified in schedule I or II, is guilty of a crime and, upon

conviction, may be imprisoned for not more than thirty (30) years, or fined not more than one

hundred thousand dollars ($100,000) nor less than three thousand dollars ($3,000), or both;

     (ii) A controlled substance, classified in schedule III or IV, is guilty of a crime and, upon

conviction, may be imprisoned for not more than twenty (20) years, or fined not more than forty

thousand dollars ($40,000), or both; provided, with respect to a controlled substance classified in

schedule III(d), upon conviction may be imprisoned for not more than five (5) years, or fined not

more than twenty thousand dollars ($20,000), or both.

     (iii) A controlled substance, classified in schedule V, is guilty of a crime and, upon

conviction, may be imprisoned for not more than one year, or fined not more than ten thousand

dollars ($10,000), or both.

     (b)(1) Except as authorized by this chapter, it is unlawful for any person to create, deliver,

or possess with intent to deliver, a counterfeit substance.

     (2) Any person who violates this subsection with respect to:

     (i) A counterfeit substance, classified in schedule I or II, is guilty of a crime and, upon

conviction, may be imprisoned for not more than thirty (30) years, or fined not more than one

hundred thousand dollars ($100,000), or both;

     (ii) A counterfeit substance, classified in schedule III or IV, is guilty of a crime and, upon

conviction, may be imprisoned for not more than twenty (20) years, or fined not more than forty

thousand dollars ($40,000), or both; provided, with respect to a controlled substance classified in

schedule III(d), upon conviction may be imprisoned for not more than five (5) years, or fined not

more than twenty thousand dollars ($20,000), or both.

     (iii) A counterfeit substance, classified in schedule V, is guilty of a crime and, upon

conviction, may be imprisoned for not more than one year, or fined not more than ten thousand

dollars ($10,000), or both.

     (c)(1) It shall be unlawful for any person knowingly or intentionally to possess a controlled

substance, unless the substance was obtained directly from, or pursuant to, a valid prescription or

order of a practitioner while acting in the course of his or her professional practice, or except as

otherwise authorized by this chapter.

     (2) Any person who violates this subsection with respect to:

     (i) Except as otherwise provided in §§ 21-28-4.01.1 and 21-28-4.01.2, ten grams (10 g) or

less of a mixture or substance containing a detectable amount of a controlled substance classified

in schedules I, II, III, IV, and V, except the substance classified as marijuana, is guilty of a

misdemeanor and, upon conviction, may be imprisoned for not more than two (2) years, or fined

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not more than five hundred dollars ($500) or both.

     (i)(ii) Except as otherwise provided in §§ 21-28-4.01.1 and 21-28-4.01.2, more than ten

grams (10 g), but less than one ounce (1 oz.) of a mixture or substance containing a detectable

amount of a A controlled substance classified in schedules I, II and III, IV, and V, except the

substance classified as marijuana, is guilty of a crime felony and, upon conviction, may be

imprisoned for not more than three (3) years, or fined not less than five hundred dollars ($500) nor

more than five thousand dollars ($5,000), or both; .

     (ii)(iii) 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.

     (iii)(iv) 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.

     (iv)(v) Notwithstanding any public, special, or general law to the contrary, possession of

one ounce (1 oz.) or less of marijuana by a person who is seventeen (17) years of age or older and

under the age of eighteen (18) years, 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; provided the minor

offender completes an approved, drug-awareness program and community service as determined

by the court. If the person seventeen (17) years of age or older and under the age of eighteen (18)

years fails to complete an approved, drug-awareness program and community service within one

year of the disposition, the penalty shall be a three hundred dollar ($300) civil fine and forfeiture

of the marijuana, except that if no drug-awareness program or community service is available, the

penalty shall be a fine of one hundred fifty dollars ($150) and forfeiture of the marijuana. The

parents or legal guardian of any offender seventeen (17) years of age or older and under the age of

eighteen (18) shall be notified of the offense and the availability of a drug-awareness and

community-service program. The drug-awareness program must be approved by the court, but

shall, at a minimum, provide four (4) hours of instruction or group discussion and ten (10) hours of

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community service. Notwithstanding any other public, special, or general law to the contrary, this

civil penalty shall apply if the offense is the first or second violation within the previous eighteen

(18) months.

     (v)(vi) Notwithstanding any public, special, or general law to the contrary, a person not

exempted from penalties pursuant to chapter 28.6 of this title found in possession of one ounce (1

oz.) or less of marijuana is guilty of a misdemeanor and, upon conviction, may be imprisoned for

not more than thirty (30) days, or fined not less than two hundred dollars ($200) nor more than five

hundred dollars ($500), or both, if that person has been previously adjudicated on a violation for

possession of less than one ounce (1 oz.) of marijuana under (c)(2)(iii) (c)(2)(iv) or (c)(2)(iv)

(c)(2)(v) two (2) times in the eighteen (18) months prior to the third (3rd) offense.

     (vi)(vii) Any unpaid civil fine issued under (c)(2)(iii) (c)(2)(iv) or (c)(2)(iv) (c)(2)(v) shall

double to three hundred dollars ($300) if not paid within thirty (30) days of the disposition. The

civil fine shall double again to six hundred dollars ($600) if it has not been paid within ninety (90)

days.

     (vii)(viii) No person may be arrested for a violation of (c)(2)(iii) (c)(2)(iv) or (c)(2)(iv)

(c)(2)(v) of this subsection except as provided in this subparagraph. Any person in possession of

an identification card, license, or other form of identification issued by the state or any state, city,

or town, or any college or university, who fails to produce the same upon request of a police officer

who informs the person that he or she has been found in possession of what appears to the officer

to be one ounce (1 oz.) or less of marijuana, or any person without any such forms of identification

who fails or refuses to truthfully provide his or her name, address, and date of birth to a police

officer who has informed such person that the officer intends to provide such individual with a

citation for possession of one ounce (1 oz.) or less of marijuana, may be arrested.

     (viii)(ix) No violation of (c)(2)(iii) (c)(2)(iv) or (c)(2)(iv) (c)(2)(v) of this subsection shall

be considered a violation of parole or probation.

     (ix)(x) Any records collected by any state agency, tribunal, or the family court that include

personally identifiable information about violations of (c)(2)(iii) (c)(2)(iv) or (c)(2)(iv) (c)(2)(v)

shall not be open to public inspection in accordance with § 8-8.2-21.

     (3) Jurisdiction.

     (i) Any and all adjudications of violations of (c)(2)(i) shall be within the original

jurisdiction of the Rhode Island superior court. The department of attorney general shall prosecute

any and all violations of (c)(2)(i).

     (ii) Any and all violations of (c)(2)(iii) (c)(2)(iv) and (c)(2)(iv) (c)(2)(v) shall be the

exclusive jurisdiction of the Rhode Island traffic tribunal. All money associated with the civil fine

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issued under (c)(2)(iii) or (c)(2)(iv) (c)(2)(iv) or (c)(2)(v) shall be payable to the Rhode Island

traffic tribunal. Fifty percent (50%) of all fines collected by the Rhode Island traffic tribunal from

civil penalties issued pursuant to (c)(2)(iii) or (c)(2)(iv) (c)(2)(iv) or (c)(2)(v) shall be expended on

drug-awareness and treatment programs for youth.

     (4) Additionally, every person convicted or who pleads nolo contendere under (c)(2)(i) or

(c)(2)(ii) or convicted or who pleads nolo contendere a second or subsequent time under (c)(2)(ii)

(c)(2)(iii), who is not sentenced to a term of imprisonment to serve for the offense, shall be required

to:

     (i) Perform up to one hundred (100) hours of community service;

     (ii) Attend and complete a drug-counseling and education program, as prescribed, by the

director of the department of behavioral healthcare, developmental disabilities and hospitals and

pay the sum of four hundred dollars ($400) to help defray the costs of this program which shall be

deposited as general revenues. Failure to attend may result, after hearing by the court, in jail

sentence up to one year;

     (iii) The court shall not suspend any part or all of the imposition of the fee required by this

subsection, unless the court finds an inability to pay;

     (iv) If the offense involves the use of any automobile to transport the substance or the

substance is found within an automobile, then a person convicted or who pleads nolo contendere

under (c)(2)(i), and (c)(2)(ii) or (c)(2)(iii) shall be subject to a loss of license for a period of six (6)

months for a first offense and one year for each offense after.

     (5) All fees assessed and collected pursuant to (c)(3)(ii) (c)(2)(iii) shall be deposited as

general revenues and shall be collected from the person convicted or who pleads nolo contendere

before any other fines authorized by this chapter.

     (d) It shall be unlawful for any person to manufacture, distribute, or possess with intent to

manufacture or distribute, an imitation controlled substance. Any person who violates this

subsection is guilty of a crime and, upon conviction, shall be subject to the same term of

imprisonment and/or fine as provided by this chapter for the manufacture or distribution of the

controlled substance that the particular imitation controlled substance forming the basis of the

prosecution was designed to resemble and/or represented to be; but in no case shall the

imprisonment be for more than five (5) years nor the fine for more than twenty thousand dollars

($20,000).

     (e) It shall be unlawful for a practitioner to prescribe, order, distribute, supply, or sell an

anabolic steroid or human growth hormone for: (1) Enhancing performance in an exercise, sport,

or game, or (2) Hormonal manipulation intended to increase muscle mass, strength, or weight

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without a medical necessity. Any person who violates this subsection is guilty of a misdemeanor

and, upon conviction, may be imprisoned for not more than six (6) months or a fine of not more

than one thousand dollars ($1,000), or both.

     (f) It is unlawful for any person to knowingly or intentionally possess, manufacture,

distribute, or possess with intent to manufacture or distribute, any extract, compound, salt

derivative, or mixture of salvia divinorum or datura stramonium or its extracts unless the person is

exempt pursuant to the provisions of § 21-28-3.30. Notwithstanding any laws to the contrary, any

person who violates this section is guilty of a misdemeanor and, upon conviction, may be

imprisoned for not more than one year, or fined not more than one thousand dollars ($1,000), or

both. The provisions of this section shall not apply to licensed physicians, pharmacists, and

accredited hospitals and teaching facilities engaged in the research or study of salvia divinorum or

datura stramonium and shall not apply to any person participating in clinical trials involving the

use of salvia divinorum or datura stramonium.

     21-28-4.01.1. Minimum sentence -- Certain quantities of controlled substances.

     (a) Except as authorized by this chapter, it shall be unlawful for any person to manufacture,

sell, or possess with intent to manufacture or sell, a controlled substance classified in schedule I or

II (excluding marijuana) or to possess or deliver the following enumerated quantities of certain

controlled substances:

     (1) One ounce (1 oz.) to one kilogram (1 kg.) of a mixture or substance containing a

detectable amount of heroin;

     (2) One ounce (1 oz.) to one kilogram (1 kg.) of a mixture or substance containing a

detectable amount of:

     (i) Coca leaves, except coca leaves and extracts of coca leaves from which cocaine,

ecgonine, and derivatives of ecgonine or their salts have been removed;

     (ii) Cocaine, its salts, optical and geometric isomers, and salts of isomers;

     (iii) Ecgonine, its derivatives, their salts, isomers, and salts of isomers; or

     (iv) Any compound, mixture, or preparation that contains any quantity of any of the

substances referred to in paragraphs (i) -- (iii) of this subdivision;

     (3) One gram (1 g.) to ten grams (10 gs.) of phencyclidine (PCP) or one hundred (100) to

one thousand (1,000) tablets of a mixture or substance containing a detectable amount of

phencyclidine (PCP);

     (4) One-tenth of a gram (0.1 g.) to one gram (1 g.) of lysergic acid diethylamide (LSD) or

one hundred (100) to one thousand (1,000) tablets of a mixture or substance containing a detectable

amount of lysergic acid diethylamide (LSD);

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     (5) One kilogram (1 kg.) to five kilograms (5 kgs.) of a mixture containing a detectable

amount of marijuana;

     (6) One ounce (1 oz.) to one kilogram (1 kg.) of a mixture or substance containing a

detectable amount of synthetic drugs; or

     (7) One ounce (1 oz.) to one kilogram (1 kg.) of a mixture or substance containing a

detectable amount of fentanyl or its analogs, including, but not limited to, N-(1-phenethylpiperidin-

4-yl)–N-phenylacetamide, its optical, positional, and geometric isomers, salts and salts of isomers

(acetyl fentanyl); N-(1-phenethylpiperidin-4-yl)-N-phenylfuran-2carboxamide (furanyl fentanyl);

and N-Phenethyl-4-piperidinone (4-AN-PP); or

     (8) One ounce (1 oz.) to one kilogram (1 kg.) of a mixture or substance containing a

detectable amount of carfentanil; or

     (9) One ounce (1 oz.) to one kilogram (1 kg.) of 3,4-methyl-enedioxymethamphetamine

(MDMA), its optical, positional, and geometric isomers, salts, and salts of isomers; or

     (10) One ounce (1 oz.) to one kilogram (1 kg.) of amphetamine, its salts, optical isomers,

and salts of its optical isomers; or

     (11) One ounce (1 oz.) to one kilogram (1 kg.) of methamphetamine, its salts, and salts of

its isomers.

     (b) Any person who violates this section shall be guilty of a crime, and upon conviction,

may be imprisoned for a term up to fifty (50) years and fined not more than five hundred thousand

dollars ($500,000).

     21-28-4.01.2. Minimum sentence -- Certain quantities of controlled substances.

     (a) Except as authorized by the chapter, it shall be unlawful for any person to possess,

manufacture, sell, or deliver the following enumerated quantities of certain controlled substances:

     (1) More than one kilogram (1 kg.) of a mixture or substance containing a detectable

amount of heroin;

     (2) More than one kilogram (1 kg.) of a mixture or substance containing a detectable

amount of:

     (i) Coca leaves, except coca leaves and extracts of coca leaves from which cocaine,

ecgonine, and derivatives of ecgonine or their salts have been removed;

     (ii) Cocaine, its salts, optical and geometric isomers, and salts of isomers;

     (iii) Ecgonine, its derivatives, their salts, isomers, and salts of isomers; or

     (iv) Any compound, mixture, or preparation that contains any quantity of any of the

substances referred to in paragraphs (i) -- (iii) of this subdivision;

     (3) More than ten grams (10 gs.) of phencyclidine (PCP) or more than one thousand (1,000)

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tablets of a mixture or substance containing a detectable amount of phencyclidine (PCP);

     (4) More than one gram (1 g.) of lysergic acid diethylamide (LSD); or more than one

thousand (1,000) tablets of a mixture or substance containing a detectable amount of lysergic acid

diethylamide (LSD);

     (5) More than five kilograms (5 kgs.) of a mixture containing a detectable amount of

marijuana;

     (6) More than one kilogram (1 kg.) of a mixture or substance containing a detectable

amount of synthetic drugs; or

     (7) More than one kilogram (1 kg.) of a mixture or substance containing a detectable

amount of fentanyl or its analogs, including, but not limited to, N-(1-phenethylpiperidin-4-yl)–N-

phenylacetamide, its optical, positional, and geometric isomers, salts and salts of isomers (acetyl

fentanyl); N-(1-phenethylpiperidin-4-yl)-N-phenylfuran-2carboxamide (furanyl fentanyl); and N-

Phenethyl-4-piperidinone (4-AN-PP); or

     (8) More than one kilogram (1 kg.) of a mixture or substance containing a detectable

amount of carfentanil; or

     (9) More than one kilogram (1 kg.) of 3,4-methyl-enedioxymethamphetamine (MDMA),

its optical, positional, and geometric isomers, salts, and salts of isomers; or

     (10) More than one kilogram (1 kg.) of amphetamine, its salts, optical isomers, and salts of

its optical isomers; or

     (11) More than one kilogram (1 kg.) of methamphetamine, its salts, and salts of its isomers.

     (b) Any person who violates this section shall be guilty of a crime, and upon conviction,

may be imprisoned for a term up to life and fined not more than one million dollars ($1,000,000).

     21-28-4.11. Second offenses.

     (a) Any person convicted of a second offense under this chapter, except for violations of

subparagraphs §§ 21-28-4.01(c)(2)(i), 21-28-4.01(c)(2)(iii), 21-28-4.01(c)(2)(iv), or 21-28-

4.01(c)(2)(v), or 21-28-4.01(c)(2)(vi), may be imprisoned for a term up to twice the term

authorized, fined an amount up to twice that authorized, or both.

     (b) For purposes of this section, an offense is considered a second offense if, prior to his or

her conviction of the offense, the offender has at any time been convicted under this chapter, except

for violations of subparagraphs §§ 21-28-4.01(c)(2)(i), 21-28-4.01(c)(2)(iii), 21-28-4.01(c)(2)(iv)

or 21-28-4.01(c)(2)(v), or 21-28-4.01(c)(2)(vi), or under any statute of the United States or of any

state relating to narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic drugs.

     21-28-4.14. Third or subsequent offenses.

     (a) Any person convicted of a third or subsequent offense under this chapter, except for

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violations of subparagraphs 21-28-4.01(c)(2)(iii), 21-28-4.01(c)(2)(iv) or 21-28-4.01(c)(2)(v) §§

21-28-4.01(c)(2)(iv), 21-28-4.01(c)(2)(v), or 21-28-4.01(c)(2)(vi), may be imprisoned for a term

up to three (3) times the term authorized, and fined an amount up to three (3) times that authorized

by § 21-28-4.11, or both.

     (b) For purposes of this section, an offense is considered a third or subsequent offense if,

prior to his or her conviction of the offense, the offender has at any time been convicted twice under

this chapter, except for violations of subparagraphs §§ 21-28-4.01(c)(2)(iii), 21-28-4.01(c)(2)(iv)

or 21-28-4.01(c)(2)(v), 21-28-4.01(c)(2)(vi), or twice under any statute of the United States or of

any other state, or any combination of them, relating to narcotic drugs, marijuana, depressant,

stimulant, or hallucinogenic drug.

     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO FOOD AND DRUGS -- UNIFORM CONTROLLED SUBSTANCES ACT

***

     This act would amend the uniform controlled substances act and reclassify simple

possession of ten grams (10 g) or less of certain controlled substances as a misdemeanor punishable

as a two (2) year misdemeanor rather than a felony.

     This act would take effect upon passage.

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