2022 -- S 2198 | |
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LC003759 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2022 | |
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A N A C T | |
RELATING TO FOOD AND DRUGS -- THE UNIFORM CONTROLLED SUBSTANCES | |
ACT | |
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Introduced By: Senators Miller, Seveney, and DiPalma | |
Date Introduced: February 08, 2022 | |
Referred To: Senate Health & Human Services | |
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 |
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1 | conviction, may be imprisoned for not more than thirty (30) years, or fined not more than one |
2 | hundred thousand dollars ($100,000) nor less than three thousand dollars ($3,000), or both; |
3 | (ii) A controlled substance, classified in schedule III or IV, is guilty of a crime and, upon |
4 | conviction, may be imprisoned for not more than twenty (20) years, or fined not more than forty |
5 | thousand dollars ($40,000), or both; provided, with respect to a controlled substance classified in |
6 | schedule III(d), upon conviction may be imprisoned for not more than five (5) years, or fined not |
7 | more than twenty thousand dollars ($20,000), or both. |
8 | (iii) A controlled substance, classified in schedule V, is guilty of a crime and, upon |
9 | conviction, may be imprisoned for not more than one year, or fined not more than ten thousand |
10 | dollars ($10,000), or both. |
11 | (b)(1) Except as authorized by this chapter, it is unlawful for any person to create, deliver, |
12 | or possess with intent to deliver, a counterfeit substance. |
13 | (2) Any person who violates this subsection with respect to: |
14 | (i) A counterfeit substance, classified in schedule I or II, is guilty of a crime and, upon |
15 | conviction, may be imprisoned for not more than thirty (30) years, or fined not more than one |
16 | hundred thousand dollars ($100,000), or both; |
17 | (ii) A counterfeit substance, classified in schedule III or IV, is guilty of a crime and, upon |
18 | conviction, may be imprisoned for not more than twenty (20) years, or fined not more than forty |
19 | thousand dollars ($40,000), or both; provided, with respect to a controlled substance classified in |
20 | schedule III(d), upon conviction may be imprisoned for not more than five (5) years, or fined not |
21 | more than twenty thousand dollars ($20,000), or both. |
22 | (iii) A counterfeit substance, classified in schedule V, is guilty of a crime and, upon |
23 | conviction, may be imprisoned for not more than one year, or fined not more than ten thousand |
24 | dollars ($10,000), or both. |
25 | (c)(1) It shall be unlawful for any person knowingly or intentionally to possess a controlled |
26 | substance, unless the substance was obtained directly from, or pursuant to, a valid prescription or |
27 | order of a practitioner while acting in the course of his or her professional practice, or except as |
28 | otherwise authorized by this chapter. |
29 | (2) Any person who violates this subsection with respect to: |
30 | (i) Except as otherwise provided in §§ 21-28-4.01.1 and 21-28-4.01.2, ten grams (10 g.) or |
31 | less of a mixture or substance containing a detectable amount of a controlled substance classified |
32 | in schedules I, II, III, IV, and V, except buprenorphine and the substance classified as marijuana, |
33 | is guilty of a misdemeanor and, upon conviction, may be imprisoned for not more than two (2) |
34 | years, or fined not more than five hundred dollars ($500) or both. |
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1 | (ii) Except as otherwise provided in §§ 21-28-4.01.1 and 21-28-4.01.2, more than ten grams |
2 | (10 g.), but less than one ounce (1 oz.) of a mixture or substance containing a detectable amount of |
3 | a controlled substance classified in schedules I, II and III, IV, and V, except buprenorphine and the |
4 | substance classified as marijuana, is guilty of a felony and, upon conviction, may be imprisoned |
5 | for not more than three (3) years, or fined not more than five thousand dollars ($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, a drug-awareness program approved by the department of behavioral |
24 | healthcare, developmental disabilities and hospitals and community service as determined by the |
25 | court. If the person seventeen (17) years of age or older and under the age of eighteen (18) years |
26 | fails to complete an approved, drug-awareness program and community service within one year of |
27 | the disposition, the penalty shall be a three hundred dollar ($300) civil fine and forfeiture of the |
28 | marijuana, except that if no drug-awareness program or community service is available, the penalty |
29 | shall be a fine of one hundred fifty dollars ($150) and forfeiture of the marijuana. The parents or |
30 | legal guardian of any offender seventeen (17) years of age or older and under the age of eighteen |
31 | (18) shall be notified of the offense and the availability of a drug-awareness and community-service |
32 | program. The drug-awareness program must be approved by the court, but shall, at a minimum, |
33 | provide four (4) hours of instruction or group discussion and ten (10) hours of community service. |
34 | Notwithstanding any other public, special, or general law to the contrary, this civil penalty shall |
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1 | apply if the offense is the first or second violation within the previous eighteen (18) months. |
2 | (vi) Notwithstanding any public, special, or general law to the contrary, a person not |
3 | exempted from penalties pursuant to chapter 28.6 of this title found in possession of one ounce (1 |
4 | oz.) or less of marijuana is guilty of a misdemeanor and, upon conviction, may be imprisoned for |
5 | not more than thirty (30) days, or fined not less than two hundred dollars ($200) nor more than five |
6 | hundred dollars ($500), or both, if that person has been previously adjudicated on a violation for |
7 | possession of less than one ounce (1 oz.) of marijuana under (c)(2)(iv) or (c)(2)(v) two (2) times in |
8 | the eighteen (18) months prior to the third (3rd) offense. |
9 | (vii) Any unpaid civil fine issued under (c)(2)(iv) or (c)(2)(v) shall double to three hundred |
10 | dollars ($300) if not paid within thirty (30) days of the disposition. The civil fine shall double again |
11 | to six hundred dollars ($600) if it has not been paid within ninety (90) days. |
12 | (viii) No person may be arrested for a violation of (c)(2)(iv) or (c)(2)(v) of this subsection |
13 | except as provided in this subparagraph. Any person in possession of an identification card, license, |
14 | or other form of identification issued by the state or any state, city, or town, or any college or |
15 | university, who fails to produce the same upon request of a police officer who informs the person |
16 | that he or she has been found in possession of what appears to the officer to be one ounce (1 oz.) |
17 | or less of marijuana, or any person without any such forms of identification who fails or refuses to |
18 | truthfully provide his or her name, address, and date of birth to a police officer who has informed |
19 | such person that the officer intends to provide such individual with a citation for possession of one |
20 | ounce (1 oz.) or less of marijuana, may be arrested. |
21 | (ix) No violation of (c)(2)(iv) or (c)(2)(v) of this subsection shall be considered a violation |
22 | of parole or probation. |
23 | (x) Any records collected by any state agency, tribunal, or the family court that include |
24 | personally identifiable information about violations of (c)(2)(iv) or (c)(2)(v) shall not be open to |
25 | public inspection in accordance with § 8-8.2-21. |
26 | (3) Jurisdiction. |
27 | (i) Any and all adjudications of violations of (c)(2)(i) shall be within the original |
28 | jurisdiction of the Rhode Island superior court. The department of attorney general shall prosecute |
29 | any and all violations of (c)(2)(i). |
30 | (ii) Any and all violations of (c)(2)(iv) and (c)(2)(v) shall be the exclusive jurisdiction of |
31 | the Rhode Island traffic tribunal. All money associated with the civil fine issued under (c)(2)(iv) or |
32 | (c)(2)(v) shall be payable to the Rhode Island traffic tribunal. Fifty percent (50%) of all fines |
33 | collected by the Rhode Island traffic tribunal from civil penalties issued pursuant to (c)(2)(iv) or |
34 | (c)(2)(v) shall be expended on drug-awareness and treatment programs for youth deposited as |
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1 | general revenues to be allocated by the department of behavioral healthcare, developmental |
2 | disabilities and hospitals (BHDDH) and used to fund substance abuse prevention programs and |
3 | student assistance programs for youth pursuant to chapters 21.2 and 21.3 of title 16, and in |
4 | accordance with the criteria set forth in §§ 16-21.2-4(a) and 16-21.3-2(a). |
5 | (4) Additionally, every person convicted or who pleads nolo contendere under (c)(2)(i) or |
6 | (c)(2)(ii) or convicted or who pleads nolo contendere a second or subsequent time under (c)(2)(iii), |
7 | who is not sentenced to a term of imprisonment to serve for the offense, shall be required to: |
8 | (i) Perform up to one hundred (100) hours of community service; |
9 | (ii) Attend and complete a drug-counseling and education program, as prescribed, by the |
10 | director of the department of behavioral healthcare, developmental disabilities and hospitals and |
11 | pay the sum of four hundred dollars ($400) to help defray the costs of this program which shall be |
12 | deposited as general revenues to be allocated by the department of behavioral healthcare, |
13 | developmental disabilities and hospitals (BHDDH) and used to fund substance abuse prevention |
14 | programs and student assistance programs for youth pursuant to chapters 21.2 and 21.3 of title 16 |
15 | and in accordance with the criteria set forth in §§ 16-21.2-4(a) and 16-21.3-2(a). Failure to attend |
16 | may result, after hearing by the court, in jail sentence up to one year; |
17 | (iii) The court shall not suspend any part or all of the imposition of the fee required by this |
18 | subsection, unless the court finds an inability to pay; |
19 | (iv) If the offense involves the use of any automobile to transport the substance or the |
20 | substance is found within an automobile, then a person convicted or who pleads nolo contendere |
21 | 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) |
22 | months for a first offense and one year for each offense after. |
23 | (5) All fees assessed and collected pursuant to (c)(2)(iii) subsection (c)(4)(ii) of this section |
24 | shall be deposited as general revenues to be allocated by the department of behavioral healthcare, |
25 | developmental disabilities and hospitals (BHDDH) and used to fund substance abuse prevention |
26 | programs and student assistance programs for youth pursuant to chapters 21.2 and 21.3 of title 16 |
27 | and in accordance with the criteria set forth in §§ 16-21.2-4(a) and 16-21.3-2(a) shall be deposited |
28 | as general revenues and shall be collected from the person convicted or who pleads nolo contendere |
29 | before 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 |
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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. Sections 16-21.2-4 and 16-21.2-5 of the General Laws in Chapter 16-21.2 |
21 | entitled "The Rhode Island Substance Abuse Prevention Act" are hereby amended to read as |
22 | follows: |
23 | 16-21.2-4. Substance abuse prevention program. |
24 | (a) The department of behavioral healthcare, developmental disabilities and hospitals shall |
25 | be charged with the administration of this chapter and shall: |
26 | (1) Identify funding distribution criteria; |
27 | (2) Identify criteria for effective substance abuse prevention programs; and |
28 | (3) provide Provide grants to assist in the planning, establishment, and operation and |
29 | reporting of substance abuse prevention programs. Grants under this section shall be made to |
30 | municipal governments or their designated agents according to the following guidelines: |
31 | (1)(4) The maximum grant shall be one hundred twenty-five thousand dollars ($125,000); |
32 | provided, however, in the event that available funding exceeds $1.6 million in a fiscal year, those |
33 | surplus funds are to be divided proportionately among the cities and towns on a per capita basis but |
34 | in no event shall the city of Providence exceed a maximum grant cap of $175,000.00. |
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1 | (2)(5) In order to obtain a grant, the municipality or its designated agent must in the first |
2 | year: |
3 | (i) Demonstrate the municipality's need for a comprehensive substance abuse program in |
4 | the areas of prevention and education. |
5 | (ii) Demonstrate that the municipality to be provided a grant has established by appropriate |
6 | legislative or executive action, a substance abuse prevention council which shall assist in assessing |
7 | the needs and resources of the community, developing a three (3) year plan of action addressing |
8 | the identified needs, the operation and implementation of the overall substance abuse prevention |
9 | program; coordinating existing services such as law enforcement, prevention, treatment, and |
10 | education; consisting of representatives of the municipal government, representatives of the school |
11 | system, parents, and human service providers. |
12 | (iii) Demonstrate the municipality's ability to develop a plan of implementation of a |
13 | comprehensive three (3) year substance abuse prevention program based on the specific needs of |
14 | the community to include high risk populations of adolescents, children of substance abusers, and |
15 | primary education school aged children. |
16 | (iv) Agree to conduct a survey/questionnaire of the student population designed to establish |
17 | the extent of the use and abuse of drugs and alcohol in students throughout the local community's |
18 | school population. |
19 | (v) Demonstrate that at least twenty percent (20%) of the cost of the proposed program will |
20 | be contributed either in cash or in-kind by public or private resources within the municipality. |
21 | (6) Each municipality that receives a grant must demonstrate in an annual written report |
22 | submitted to the department of behavioral healthcare, developmental disabilities and hospitals that |
23 | the funding issued is expended on substance abuse prevention programs that reflect the criteria |
24 | pursuant to subsection (a) of this section. |
25 | (b) The department of behavioral healthcare, developmental disabilities and hospitals shall |
26 | adopt rules and regulations necessary and appropriate to carry out the purposes of this section. |
27 | 16-21.2-5. Funding of substance abuse prevention program. |
28 | (a)(1) Money to fund the Rhode Island Substance Abuse Prevention Act shall be |
29 | appropriated from state general revenues and shall be raised by assessing an additional penalty of |
30 | not to exceed thirty dollars ($30.00) for all speeding violations as set forth in § 31-43-5.1 § 31- |
31 | 41.1-4. |
32 | (2) Money to fund the Rhode Island substance abuse prevention program shall also be |
33 | appropriated from state general revenues collected by any state or municipal court from civil |
34 | penalties issued pursuant to §§ 21-28-4.01(c)(2)(iv) and 21-28-4.01(c)(2)(v) to the extent that the |
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1 | revenues collected are not otherwise specifically appropriated and the available funds shall be |
2 | allocated in accordance with the distribution criteria identified by the department of behavioral |
3 | healthcare, developmental disabilities and hospitals set forth in § 16-21.2-4(a). |
4 | (3) The money shall be deposited as general revenues. The department of behavioral |
5 | healthcare, developmental disabilities and hospitals may utilize up to ten percent (10%) of the sums |
6 | appropriated for the purpose of administering the substance abuse prevention program. |
7 | (b) Grants made under this chapter shall not exceed money available in the substance abuse |
8 | prevention program. |
9 | SECTION 3. The title of Chapter 16-21.3 of the General Laws entitled "The Rhode Island |
10 | Student Assistance Junior High/Middle School Act" is hereby amended to read as follows: |
11 | CHAPTER 16-21.3 |
12 | The Rhode Island Student Assistance Junior High/Middle School Act |
13 | CHAPTER 16-21.3 |
14 | THE RHODE ISLAND STUDENT ASSISTANCE HIGH SCHOOL/JUNIOR HIGH/MIDDLE |
15 | SCHOOL ACT |
16 | SECTION 4. Sections 16-21.3-2 and 16-21.3-3 of the General Laws in Chapter 16-21.3 |
17 | entitled "The Rhode Island Student Assistance Junior High/Middle School Act" are hereby |
18 | amended to read as follows: |
19 | 16-21.3-2. Junior high/middle school student assistance program. High school/junior |
20 | high/middle school student assistance program. |
21 | (a) The department of behavioral healthcare, developmental disabilities and hospitals shall |
22 | be charged with the administration of this chapter and shall: |
23 | (1) Identify funding distribution criteria; |
24 | (2) Identify criteria for effective substance abuse prevention program; and |
25 | (3) contract Contract with appropriate substance abuse prevention/intervention agencies to |
26 | provide student assistance services that incorporate the criteria in high school/junior high/middle |
27 | schools. |
28 | (b) Following the first complete year of operation, school systems receiving high |
29 | school/junior high/middle school student assistance services will be required to contribute twenty |
30 | percent (20%) of the costs of student assistance counselors to the service provider agency in order |
31 | to continue the services. |
32 | 16-21.3-3. Funding of junior high/middle school student assistance program. Funding |
33 | of high school/junior high/middle school student assistance program. |
34 | (a)(1) Money to fund this program shall be raised by assessing an additional substance |
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1 | abuse prevention assessment of not to exceed thirty dollars ($30.00) for all moving motor vehicle |
2 | violations handled by the traffic tribunal including, but not limited to, those violations set forth in |
3 | § 31-41.1-4, except for speeding. The money shall be deposited in a restricted purpose receipt |
4 | account separate from all other accounts within the department of behavioral healthcare, |
5 | developmental disabilities and hospitals. The restricted purpose receipt account shall be known as |
6 | the high school/junior high/middle school student assistance fund and the traffic tribunal shall |
7 | transfer money from the high school/junior high/middle school student assistance fund to the |
8 | department of behavioral healthcare, developmental disabilities and hospitals for the administration |
9 | of the Rhode Island Student Assistance High School/Junior High/Middle School Act. |
10 | (2) Money to fund the Rhode Island substance abuse prevention program shall also be |
11 | appropriated from state general revenues collected by any state or municipal court from civil |
12 | penalties issued pursuant to §§ 21-28-4.01(c)(2)(iv) and 21-28-4.01(c)(2)(v) to the extent that the |
13 | revenues collected are not otherwise specifically appropriated and the available funds shall be |
14 | allocated in accordance with the distribution criteria identified by the department of behavioral |
15 | healthcare, developmental disabilities and hospitals set forth in § 16-21.2-4(a). |
16 | (b) The department of behavioral healthcare, developmental disabilities and hospitals may |
17 | utilize up to ten percent (10%) of the sums collected from the additional penalty for the purpose of |
18 | administering the program. |
19 | SECTION 5. This act shall take effect on July 1, 2022. |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO FOOD AND DRUGS -- THE UNIFORM CONTROLLED SUBSTANCES | |
ACT | |
*** | |
1 | This act would: (1) Place approval of drug awareness programs for minors up through high |
2 | school level charged with civil marijuana offenses in the discretion of the department of behavioral |
3 | healthcare, developmental disabilities and hospitals (BHDDH); (2) Redirect funds from certain |
4 | civil fines imposed to the general revenue fund to be expended by BHDDH to fund substance abuse |
5 | and student assistance programs for youth; (3) Mandate that BHDDH establish funding criteria for |
6 | distribution of funds and require that municipalities receiving funds file annual reports verifying |
7 | that the funds are being used for substance abuse prevention programs; (4) Make high schools |
8 | eligible for assistance programs; and (5) Change the title of chapter 16-21.3 to reflect high school |
9 | participation in the programs. |
10 | This act would take effect on July 1, 2022. |
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