Chapter 346
2009 -- S 0039 AS AMENDED
Enacted 11/13/09
A N A C T
RELATING TO FOOD AND DRUGS -- UNIFORM CONTROLLED SUBSTANCES ACT
Introduced By: Senators Metts, Pichardo, Jabour, C Levesque, and Perry
Date Introduced: January 14, 2009
It is enacted by the
General Assembly as follows:
SECTION 1. Sections 21-28-4.01.1 and 21-28-4.01.2 of the
General Laws in Chapter 21-
28 entitled "Uniform
Controlled Substances Act" are hereby amended to read as follows:
21-28-4.01.1.
Minimum sentence -- Certain quantities of controlled substances.
-- (a)
Except as authorized by this chapter, it shall be
unlawful for any person to manufacture, sell, or
possess with intent to manufacture, or sell, a controlled
substance classified in schedules I or II
(excluding marijuana) or to
possess or deliver the following enumerated quantities of certain
controlled substances:
(1) One ounce (1 oz.)
to one kilogram (1 kg.) of a mixture or substance containing a
detectable amount of heroin;
(2) One ounce (1 oz.)
to one kilogram (1 kg.) of a mixture or substance containing a
detectable amount of:
(i)
Coca leaves, except coca leaves and extracts of coca leaves from which cocaine,
ecgonine, and derivatives of ecgonine
or their salts have been removed;
(ii) Cocaine, its
salts, optical and geometric isomers, and salts of isomers;
(iii) Ecgonine, its derivatives, their salts, isomers, and salts
of isomers; or
(iv)
Any compound, mixture, or preparation which contains any quantity of any
of the
substances referred to in paragraphs (i)
-- (iii) of this subdivision;
(3) One gram (1 g.) to
ten grams (10 gs.) of phencyclidine (PCP) or one
hundred (100) to
one thousand (1,000) tablets of a mixture or substance
containing a detectable amount of
phencyclidine (PCP);
(4) One-tenth of a gram
(0.1 g.) to one gram (1 g.) of lysergic acid diethylamide (LSD)
or one hundred (100) to one thousand (1,000) tablets of
a mixture or substance containing a
detectable amount of lysergic acid diethylamide (LSD); or
(5) One kilogram (1
kg.) to five (5 kgs.) kilograms of a mixture
containing a detectable
amount of marijuana.
(b) Any person who
violates this section shall be guilty of a crime, and upon conviction,
shall be imprisoned not less than ten (10) years and may be imprisoned for a term up to fifty (50)
years and fined not more than five hundred thousand dollars
($500,000). nor less than ten
thousand dollars ($10,000). In all these cases, the justice
imposing sentence shall impose a
minimum sentence of ten (10) years imprisonment and may only
impose a sentence less than that
minimum if he or she finds that substantial and compelling
circumstances exist which justify
imposition of the alternative sentence. The finding may be based
upon the character and
background of the defendant, the cooperation of the defendant
with law enforcement authorities,
the nature and circumstances of the offense, and/or the
nature and quality of the evidence
presented at trial. If a sentence which is less than
imprisonment for a term of ten (10) years is
imposed, the trial justice shall set forth on the record the
circumstances that he or she found as
justification for imposition of the lesser sentence.
21-28-4.01.2.
Minimum sentence -- Certain quantities of controlled substances.
-- (a)
Except as authorized by the chapter, it shall be
unlawful for any person to possess, manufacture,
sell, or deliver the following enumerated quantities of
certain controlled substances:
(1) More than one
kilogram (1 kg.) of a mixture or substance containing a detectable
amount of heroin;
(2) More than one
kilogram (1 kg.) of a mixture or substance containing a detectable
amount of
(i)
Coca leaves, except coca leaves and extracts of coca leaves from which cocaine,
ecgonine, and derivatives of ecgonine
or their salts have been removed;
(ii) Cocaine, its
salts, optical and geometric isomers, and salts of isomers;
(iii) Ecgonine, its derivatives, their salts, isomers, and salts
of isomers; or
(iv)
Any compound, mixture, or preparation which contains any quantity of any
of the
substances referred to in paragraphs (i)
-- (iii) of this subdivision;
(3) More than ten grams
(10 gs.) of phencyclidine (PCP) or more than one
thousand
(1,000) tablets of a mixture or substance containing a
detectable amount of phencyclidine (PCP);
(4) More than one gram
(1 g.) of lysergic acid diethylamide (LSD); or more than one
thousand (1,000) tablets of a mixture or substance containing
a detectable amount of lysergic acid
diethylamide (LSD); or
(5) More than five
kilograms (5 kgs.) of a mixture containing a
detectable amount of
marijuana.
(b) Any person who
violates this section shall be guilty of a crime, and upon conviction,
shall be imprisoned not less than twenty (20) years to
serve and may be imprisoned for a
term up
to life and fined not more than one million dollars
($1,000,000). nor less than
twenty-five
thousand dollars ($25,000). In all these cases, the justice
imposing sentence shall impose a
minimum sentence of twenty (20) years imprisonment and may
only impose a sentence less than
that minimum if he or she finds that substantial and
compelling circumstances exist which justify
imposition of the alternative sentence. The finding may be based
upon the character and
background of the defendant, the cooperation of the defendant
with law enforcement authorities,
the nature and circumstances of the offense, and/or the
nature and quality of the evidence
presented at trial. If a sentence which is less than
imprisonment for a term of twenty (20) years is
imposed, the trial justice shall set forth on the record the
circumstances which he or she found as
justification for imposition of the lesser sentence. Within twenty
(20) days of the imposition of a
sentence which is less than imprisonment for a term of twenty
(20) years, the attorney general
may appeal the sentence to the supreme court in
accordance with procedures to be established by
the supreme court.
SECTION 2. This act shall take effect upon passage.
=======
LC00298
=======