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. |
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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 |
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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 |
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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 |
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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.) |
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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. |
27 | (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. |
29 | (b) The director of health may promulgate those rules and regulations necessary to |
30 | effectuate the provisions of this section. |
31 | SECTION 4. This act shall take effect upon passage. |
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LC004476 | |
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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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LC004476 | |
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| LC004476 - Page 11 of 11 |