2022 -- H 7896

========

LC004619

========

     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 Batista, Potter, and Giraldo

     Date Introduced: March 04, 2022

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

1

     SECTION 1. Section 21-28-4.01 of the General Laws in Chapter 21-28 entitled "Uniform

2

Controlled Substances Act" is hereby repealed.

3

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

4

P.L. 2021, ch. 101, § 1.]

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

30

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

31

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

32

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

33

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

34

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

 

LC004619 - Page 2 of 16

1

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

2

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

3

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

4

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

5

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

6

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

7

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

8

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

9

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

10

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

11

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

12

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

13

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

14

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

15

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

16

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

17

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

18

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

19

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

20

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

21

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

22

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

23

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

24

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

25

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

26

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

27

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

28

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

29

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

30

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

31

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

32

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

33

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

34

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

 

LC004619 - Page 3 of 16

1

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

2

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

3

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

4

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

5

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

6

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

7

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

8

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

9

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

10

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

11

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

12

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

13

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

14

violation of parole or probation.

15

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

16

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

17

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

18

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

19

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

20

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

21

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

22

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

23

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

24

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

25

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

26

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

27

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

28

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

29

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

30

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

31

sentence up to one year;

32

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

33

subsection, unless the court finds an inability to pay;

34

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

 

LC004619 - Page 4 of 16

1

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

2

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

3

first offense and one year for each offense after.

4

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

5

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

6

any other fines authorized by this chapter.

7

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

8

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

9

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

10

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

11

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

12

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

13

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

14

($20,000).

15

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

16

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

17

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

18

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

19

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

20

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

21

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

22

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

23

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

24

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

25

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

26

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

27

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

28

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

29

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

30

use of salvia divinorum or datura stramonium.

31

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

32

P.L. 2021, ch. 287, § 2.]

33

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

34

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

 

LC004619 - Page 5 of 16

1

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

2

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

3

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

4

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

5

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

6

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

7

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

8

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

9

21-28-1.02.

10

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

11

with respect to:

12

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

13

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

14

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

15

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

16

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

17

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

18

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

19

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

20

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

21

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

22

dollars ($10,000), or both.

23

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

24

or possess with intent to deliver, a counterfeit substance.

25

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

26

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

27

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

28

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

29

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

30

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

31

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

32

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

33

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

34

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

 

LC004619 - Page 6 of 16

1

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

2

dollars ($10,000), or both.

3

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

4

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

5

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

6

otherwise authorized by this chapter.

7

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

8

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

9

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

10

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

11

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

12

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

13

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

14

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

15

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

16

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

17

(3) years, or fined not more than five thousand dollars ($5,000), or both.

18

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

19

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

20

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

21

dollars ($500), or both.

22

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

23

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

24

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

25

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

26

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

27

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

28

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

29

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

30

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

31

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

32

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

33

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

34

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

 

LC004619 - Page 7 of 16

1

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

2

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

3

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

4

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

5

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

6

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

7

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

8

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

9

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

10

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

11

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

12

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

13

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

14

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

15

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

16

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

17

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

18

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

19

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

20

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

21

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

22

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

23

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

24

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

25

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

26

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

27

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

28

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

29

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

30

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

31

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

32

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

33

of parole or probation.

34

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

 

LC004619 - Page 8 of 16

1

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

2

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

3

     (3) Jurisdiction.

4

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

5

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

6

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

7

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

8

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

9

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

10

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

11

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

12

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

13

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

14

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

15

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

16

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

17

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

18

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

19

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

20

sentence up to one year;

21

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

22

subsection, unless the court finds an inability to pay;

23

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

24

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

25

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)

26

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

27

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

28

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

29

any other fines authorized by this chapter.

30

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

31

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

32

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

33

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

34

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

 

LC004619 - Page 9 of 16

1

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

2

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

3

($20,000).

4

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

5

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

6

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

7

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

8

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

9

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

10

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

11

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

12

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

13

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

14

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

15

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

16

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

17

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

18

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

19

use of salvia divinorum or datura stramonium.

20

     SECTION 2. Chapter 21-28 of the General Laws entitled "Uniform Controlled Substances

21

Act" is hereby amended by adding thereto the following section:

22

     21-28-7.01. Prohibited acts -- Penalties.

23

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

24

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

25

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

26

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

27

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

28

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

29

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

30

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

31

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

32

delivering the substance was, at the time of delivery, a drug-addicted person as defined in § 21-28-

33

1.02.

34

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

 

LC004619 - Page 10 of 16

1

this subsection with respect to:

2

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

3

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

4

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

5

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

6

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

7

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

8

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

9

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

10

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

11

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

12

dollars ($10,000), or both.

13

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

14

or possess with intent to deliver, a counterfeit substance.

15

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

16

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

17

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

18

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

19

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

20

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

21

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

22

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

23

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

24

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

25

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

26

dollars ($10,000), or both.

27

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

28

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

29

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

30

otherwise authorized by this chapter.

31

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

32

     (i) Except as otherwise provided in §§ 21-28-4.01.1 and 21-28-4.01.2, one ounce (1 oz.) or

33

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

34

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

 

LC004619 - Page 11 of 16

1

violation and shall be fined one hundred dollars ($100) for a first offense, and up to three hundred

2

($300) for each subsequent offenses;

3

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

4

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

5

section, and, upon conviction, may be imprisoned for not more than one year, or fined not more

6

than five hundred dollars ($500), or both.

7

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

8

a controlled substance for personal use, shall result in the forfeiture of the controlled substance;

9

provided, however, the possession of a controlled substance for personal use shall not constitute

10

reasonable suspicion or probable cause to conduct a search of a motor vehicle or the premises where

11

the controlled substance is discovered.

12

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

13

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

14

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

15

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

16

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

17

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

18

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

19

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

20

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

21

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

22

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

23

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

24

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

25

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

26

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

27

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

28

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

29

     (v) Any unpaid civil fine issued under subsection (c)(2)(i) or (c)(2)(iv) of this section shall

30

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

31

has not been paid within ninety (90) days.

32

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

33

section except as provided in this subsection. Any person in possession of an identification card,

34

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

 

LC004619 - Page 12 of 16

1

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

2

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

3

or less of a controlled substance, or any person without any such forms of identification who fails

4

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

5

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

6

possession of one ounce (1 oz.) or less of a controlled substance, may be arrested.

7

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

8

violation of parole or probation.

9

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

10

personally identifiable information about violations of subsection (c)(2)(i) or (c)(2)(iv) of this

11

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

12

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

13

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

14

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

15

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

16

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

17

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

18

a controlled substance classified as fentanyl is guilty of a felony and, upon conviction, may be

19

imprisoned for not more than three (3) years, or fined not more than five thousand dollars ($5,000),

20

or both.

21

     (3) Jurisdiction.

22

     (i) Any and all violations of subsection (c)(2)(i) and (c)(2)(iv) of this section shall be the

23

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

24

issued under subsection (c)(2)(i) or (c)(2)(iv) of this section shall be payable to the Rhode Island

25

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

26

civil penalties issued pursuant to subsection (c)(2)(i) or (c)(2)(iv) of this section shall be expended

27

on drug-awareness and treatment programs for youth.

28

     (4) Additionally, every person convicted or who pleads nolo contendere under subsection

29

(c)(2)(i) of this section shall be required to:

30

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

31

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

32

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

33

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

34

deposited as general revenues

 

LC004619 - Page 13 of 16

1

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

2

subsection, unless the court finds an inability to pay;

3

     (5) All fees assessed and collected pursuant to subsection (c)(2)(ii) of this secton shall be

4

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

5

contendere before any other fines authorized by this chapter.

6

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

7

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

8

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

9

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

10

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

11

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

12

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

13

($20,000).

14

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

15

anabolic steroid or human growth hormone for:

16

     (1) Enhancing performance in an exercise, sport, or game; or

17

     (2) Hormonal manipulation intended to increase muscle mass, strength, or weight without

18

a medical necessity. Any person who violates this subsection is guilty of a misdemeanor and, upon

19

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

20

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

21

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

22

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

23

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

24

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

25

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

26

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

27

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

28

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

29

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

30

use of salvia divinorum or datura stramonium.

31

     (g) Nothing contained in this section shall be construed as providing criminal penalties for

32

any person in possession of one ounce (1 oz.) or less of any controlled substances classified in

33

schedules I, II, III, IV, and V except for the drug fentanyl.

 

LC004619 - Page 14 of 16

1

     SECTION 3. This act shall take effect upon passage.

========

LC004619

========

 

LC004619 - Page 15 of 16

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 possession of one ounce (1 oz.) or less of any controlled

2

substances classified in schedules I, II, III, IV and V except for the drug fentanyl.

3

     This act would take effect upon passage.

========

LC004619

========

 

LC004619 - Page 16 of 16