2022 -- H 7715

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LC004476

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

____________

A N   A C T

RELATING TO FOOD AND DRUGS -- UNIFORM CONTROLLED SUBSTANCES ACT

     

     Introduced By: Representatives Potter, Slater, Alzate, Felix, and Bennett

     Date Introduced: March 02, 2022

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

1

     SECTION 1. Section 21-28-4.1 of the General Laws in Chapter 21-28 entitled "Uniform

2

Controlled Substances Act" is hereby amended to read as follows:

3

     21-28-4.01. Prohibited acts A -- Penalties. [As amended by P.L. 2021, ch. 286, § 2 and

4

P.L. 2021, ch. 287, § 2.]

5

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

6

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

7

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

8

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

9

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

10

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

11

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

12

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

13

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

14

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

15

21-28-1.02.

16

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

17

with respect to:

18

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

19

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

 

1

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

2

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

3

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

4

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

5

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

6

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

7

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

8

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

9

dollars ($10,000), or both.

10

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

11

or possess with intent to deliver, a counterfeit substance.

12

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

13

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

14

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

15

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

16

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

17

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

18

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

19

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

20

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

21

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

22

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

23

dollars ($10,000), or both.

24

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

25

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

26

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

27

otherwise authorized by this chapter.

28

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

29

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

30

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

31

in schedules I, II, III, IV, and V, except buprenorphine, psilocybin and the substance classified as

32

marijuana, is guilty of a misdemeanor and, upon conviction, may be imprisoned for not more than

33

two (2) years, or fined not more than five hundred dollars ($500) or both.

34

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

 

LC004476 - Page 2 of 11

1

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

2

a controlled substance classified in schedules I, II and III, IV, and V, except buprenorphine,

3

psilocybin and the substance classified as marijuana, is guilty of a felony and, upon conviction,

4

may be imprisoned for not more than three (3) years, or fined not more than five thousand dollars

5

($5,000), or both.

6

     (iii) More than one ounce (1 oz.) of a controlled substance classified in schedule I as

7

marijuana is guilty of a misdemeanor, except for those persons subject to (a)(1), and, upon

8

conviction, may be imprisoned for not more than one year, or fined not more than five hundred

9

dollars ($500), or both.

10

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

11

one ounce (1 oz.) or less of marijuana by a person who is eighteen (18) years of age or older, and

12

who is not exempted from penalties pursuant to chapter 28.6 of this title, shall constitute a civil

13

offense, rendering the offender liable to a civil penalty in the amount of one hundred fifty dollars

14

($150) and forfeiture of the marijuana, but not to any other form of criminal or civil punishment or

15

disqualification. Notwithstanding any public, special, or general law to the contrary, this civil

16

penalty of one hundred fifty dollars ($150) and forfeiture of the marijuana shall apply if the offense

17

is the first (1st) or second (2nd) violation within the previous eighteen (18) months.

18

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

19

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

20

the age of eighteen (18) years, and who is not exempted from penalties pursuant to chapter 28.6 of

21

this title, shall constitute a civil offense, rendering the offender liable to a civil penalty in the amount

22

of one hundred fifty dollars ($150) and forfeiture of the marijuana; provided the minor offender

23

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

24

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

25

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

26

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

27

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

28

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

29

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

30

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

31

program. The drug-awareness program must be approved by the court, but shall, at a minimum,

32

provide four (4) hours of instruction or group discussion and ten (10) hours of community service.

33

Notwithstanding any other public, special, or general law to the contrary, this civil penalty shall

34

apply if the offense is the first or second violation within the previous eighteen (18) months.

 

LC004476 - Page 3 of 11

1

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

2

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

3

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

4

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

5

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

6

possession of less than one ounce (1 oz.) of marijuana under (c)(2)(iv) or (c)(2)(v) two (2) times in

7

the eighteen (18) months prior to the third (3rd) offense.

8

     (vii) Any unpaid civil fine issued under (c)(2)(iv) or (c)(2)(v) shall double to three hundred

9

dollars ($300) if not paid within thirty (30) days of the disposition. The civil fine shall double again

10

to six hundred dollars ($600) if it has not been paid within ninety (90) days.

11

     (viii) No person may be arrested for a violation of (c)(2)(iv) or (c)(2)(v) of this subsection

12

except as provided in this subparagraph. Any person in possession of an identification card, license,

13

or other form of identification issued by the state or any state, city, or town, or any college or

14

university, who fails to produce the same upon request of a police officer who informs the person

15

that he or she has been found in possession of what appears to the officer to be one ounce (1 oz.)

16

or less of marijuana, or any person without any such forms of identification who fails or refuses to

17

truthfully provide his or her name, address, and date of birth to a police officer who has informed

18

such person that the officer intends to provide such individual with a citation for possession of one

19

ounce (1 oz.) or less of marijuana, may be arrested.

20

     (ix) No violation of (c)(2)(iv) or (c)(2)(v) of this subsection shall be considered a violation

21

of parole or probation.

22

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

23

personally identifiable information about violations of (c)(2)(iv) or (c)(2)(v) shall not be open to

24

public inspection in accordance with § 8-8.2-21.

25

     (3) Jurisdiction.

26

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

27

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

28

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

29

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

30

the Rhode Island traffic tribunal. All money associated with the civil fine issued under (c)(2)(iv) or

31

(c)(2)(v) shall be payable to the Rhode Island traffic tribunal. Fifty percent (50%) of all fines

32

collected by the Rhode Island traffic tribunal from civil penalties issued pursuant to (c)(2)(iv) or

33

(c)(2)(v) shall be expended on drug-awareness and treatment programs for youth.

34

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

 

LC004476 - Page 4 of 11

1

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

2

who is not sentenced to a term of imprisonment to serve for the offense, shall be required to:

3

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

4

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

5

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

6

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

7

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

8

sentence up to one year;

9

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

10

subsection, unless the court finds an inability to pay;

11

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

12

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

13

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

14

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

15

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

16

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

17

any other fines authorized by this chapter.

18

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

19

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

20

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

21

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

22

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

23

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

24

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

25

($20,000).

26

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

27

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

28

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

29

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

30

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

31

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

32

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

33

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

34

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

 

LC004476 - Page 5 of 11

1

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

2

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

3

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

4

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

5

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

6

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

7

use of salvia divinorum or datura stramonium.

8

     SECTION 2. Section 21-28-4.1 of the General Laws in Chapter 21-28 entitled "Uniform

9

Controlled Substances Act" is hereby repealed.

10

     21-28-4.01. Prohibited acts A -- Penalties. [As amended by P.L. 2021, ch. 100, § 1 and

11

P.L. 2021, ch. 101, § 1.]

12

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

13

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

14

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

15

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

16

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

17

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

18

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

19

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

20

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

21

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

22

21-28-1.02.

23

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

24

with respect to:

25

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

26

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

27

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

28

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

29

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

30

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

31

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

32

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

33

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

34

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

 

LC004476 - Page 6 of 11

1

dollars ($10,000), or both.

2

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

3

or possess with intent to deliver, a counterfeit substance.

4

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

5

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

6

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

7

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

8

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

9

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

10

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

11

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

12

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

13

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

14

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

15

dollars ($10,000), or both.

16

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

17

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

18

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

19

otherwise authorized by this chapter.

20

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

21

     (i) A controlled substance classified in schedules I, II and III, IV, and V, except

22

buprenorphine and the substance classified as marijuana, is guilty of a crime and, upon conviction,

23

may be imprisoned for not more than three (3) years, or fined not less than five hundred dollars

24

($500) nor more than five thousand dollars ($5,000), or both;

25

     (ii) More than one ounce (1 oz.) of a controlled substance classified in schedule I as

26

marijuana is guilty of a misdemeanor, except for those persons subject to (a)(1), and, upon

27

conviction, may be imprisoned for not more than one year, or fined not less than two hundred

28

dollars ($200) nor more than five hundred dollars ($500), or both.

29

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

30

one ounce (1 oz.) or less of marijuana by a person who is eighteen (18) years of age or older, and

31

who is not exempted from penalties pursuant to chapter 28.6 of this title, shall constitute a civil

32

offense, rendering the offender liable to a civil penalty in the amount of one hundred fifty dollars

33

($150) and forfeiture of the marijuana, but not to any other form of criminal or civil punishment or

34

disqualification. Notwithstanding any public, special, or general law to the contrary, this civil

 

LC004476 - Page 7 of 11

1

penalty of one hundred fifty dollars ($150) and forfeiture of the marijuana shall apply if the offense

2

is the first (1st) or second (2nd) violation within the previous eighteen (18) months.

3

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

4

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

5

the age of eighteen (18) years, and who is not exempted from penalties pursuant to chapter 28.6 of

6

this title, shall constitute a civil offense, rendering the offender liable to a civil penalty in the amount

7

of one hundred fifty dollars ($150) and forfeiture of the marijuana; provided the minor offender

8

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

9

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

10

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

11

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

12

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

13

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

14

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

15

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

16

program. The drug-awareness program must be approved by the court, but shall, at a minimum,

17

provide four (4) hours of instruction or group discussion and ten (10) hours of community service.

18

Notwithstanding any other public, special, or general law to the contrary, this civil penalty shall

19

apply if the offense is the first or second violation within the previous eighteen (18) months.

20

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

21

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

22

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

23

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

24

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

25

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

26

in the eighteen (18) months prior to the third (3rd) offense.

27

     (vi) Any unpaid civil fine issued under (c)(2)(iii) or (c)(2)(iv) shall double to three hundred

28

dollars ($300) if not paid within thirty (30) days of the disposition. The civil fine shall double again

29

to six hundred dollars ($600) if it has not been paid within ninety (90) days.

30

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

31

except as provided in this subparagraph. Any person in possession of an identification card, license,

32

or other form of identification issued by the state or any state, city, or town, or any college or

33

university, who fails to produce the same upon request of a police officer who informs the person

34

that he or she has been found in possession of what appears to the officer to be one ounce (1 oz.)

 

LC004476 - Page 8 of 11

1

or less of marijuana, or any person without any such forms of identification who fails or refuses to

2

truthfully provide his or her name, address, and date of birth to a police officer who has informed

3

such person that the officer intends to provide such individual with a citation for possession of one

4

ounce (1 oz.) or less of marijuana, may be arrested.

5

     (viii) No violation of (c)(2)(iii) or (c)(2)(iv) of this subsection shall be considered a

6

violation of parole or probation.

7

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

8

personally identifiable information about violations of (c)(2)(iii) or (c)(2)(iv) shall not be open to

9

public inspection in accordance with § 8-8.2-21.

10

     (3) Jurisdiction. Any and all violations of (c)(2)(iii) and (c)(2)(iv) shall be the exclusive

11

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

12

under (c)(2)(iii) or (c)(2)(iv) shall be payable to the Rhode Island traffic tribunal. Fifty percent

13

(50%) of all fines collected by the Rhode Island traffic tribunal from civil penalties issued pursuant

14

to (c)(2)(iii) or (c)(2)(iv) shall be expended on drug-awareness and treatment programs for youth.

15

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

16

convicted or who pleads nolo contendere a second or subsequent time under (c)(2)(ii), who is not

17

sentenced to a term of imprisonment to serve for the offense, shall be required to:

18

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

19

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

20

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

21

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

22

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

23

sentence up to one year;

24

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

25

subsection, unless the court finds an inability to pay;

26

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

27

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

28

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

29

first offense and one year for each offense after.

30

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

31

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

32

any other fines authorized by this chapter.

33

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

34

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

 

LC004476 - Page 9 of 11

1

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

2

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

3

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

4

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

5

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

6

($20,000).

7

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

8

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

9

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

10

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

11

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

12

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

13

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

14

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

15

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

16

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

17

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

18

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

19

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

20

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

21

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

22

use of salvia divinorum or datura stramonium.

23

     SECTION 3. Chapter 21-28 of the General Laws entitled "Regulation of Manufacturing,

24

Distributing, Prescribing, Administering, and Dispensing Controlled Substances" is hereby

25

amended by adding thereto the following section:

26

     21-28-3.20.2. Authority of practitioner to prescribe, and dispense-Psilocybin.

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     (a) A practitioner in good faith and in the course of his or her professional practice, may

28

prescribe, and dispense psilocybin as a therapeutic.

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     (b) The director of health may promulgate those rules and regulations necessary to

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effectuate the provisions of this section.

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     SECTION 4. 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

***

1

     This act would decriminalize psilocybin and permit practitioners to prescribe its use when

2

acting in good faith.

3

     This act would take effect upon passage.

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