2022 -- H 7896 | |
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LC004619 | |
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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 | |
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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2 | Controlled Substances Act" is hereby repealed.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 |
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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 |
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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 |
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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 |
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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 |
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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. |
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1 | SECTION 3. This act shall take effect upon passage. |
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LC004619 | |
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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 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. |
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LC004619 | |
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