Chapter 366
2011 -- H 5408
Enacted 07/13/11
A N A C T
RELATING TO FOOD
AND DRUGS - UNIFORM CONTROLLED SUBSTANCE ACT
Introduced By: Representatives JP O`Neill, Petrarca, Blazejewski, Lally, and
O`Grady
Date Introduced: February 16, 2011
It is enacted by the
General Assembly as follows:
SECTION 1. Section 21-28-4.0.1 of the General Laws in
Chapter 21-28 entitled
"Uniform Controlled
Substances Act" is hereby amended to read as follows:
21-28-4.01.
Prohibited acts A-Penalties. -- (a) (1) Except
as authorized by this chapter,
it shall be unlawful for any person to manufacture,
deliver, or possess with intent to manufacture
or deliver a controlled substance.
(2) Any person who is
not a drug addicted person, as defined in section 21-28-1.02(18),
who violates this subsection with respect to a controlled
substance classified in schedule I or II,
except the substance classified as marijuana, is guilty of a
crime and upon conviction may be
imprisoned to a term up to life, or fined not more than five
hundred thousand dollars ($500,000)
nor less than ten thousand dollars ($10,000), or both.
(3) Where the
deliverance as prohibited in this subsection shall be the proximate cause of
death to the person to whom the controlled substance is
delivered, it shall not be a defense that
the person delivering the substance was at the time of
delivery, a drug addicted person as defined
in section 21-28-1.02(18).
(4) Any person, except as
provided for in subdivision (2) of this subsection, who
violates
this subsection with respect to:
(i)
A controlled substance classified in schedule I or II, is guilty of a crime and
upon
conviction may be imprisoned for not more than thirty (30)
years, or fined not more than one
hundred thousand dollars ($100,000) nor less than three
thousand dollars ($3,000), or both;
(ii) A controlled
substance classified in schedule III or IV, is guilty of a crime and upon
conviction may be imprisoned for not more than twenty (20)
years, or fined not more than forty
thousand dollars ($40,000), or both; provided, with respect to
a controlled substance classified in
schedule III(d), upon conviction may be imprisoned for not
more than five (5) years, or fined not
more than twenty thousand dollars ($20,000), or both.
(iii) A controlled
substance classified in schedule V, is guilty of a crime and upon
conviction may be imprisoned for not more than one year, or
fined not more than ten thousand
dollars ($10,000), or both.
(b) (1) Except as authorized by this chapter, it is unlawful for any
person to create,
deliver, or possess with intent to deliver, a counterfeit
substance.
(2) Any person who
violates this subsection with respect to:
(i)
A counterfeit substance classified in schedule I or II, is guilty of a crime
and upon
conviction may be imprisoned for not more than thirty (30)
years, or fined not more than one
hundred thousand dollars ($100,000), or both;
(ii) A counterfeit
substance classified in schedule III or IV, is guilty of a crime and upon
conviction may be imprisoned for not more than twenty (20)
years, or fined not more than forty
thousand dollars ($40,000), or both; provided, with respect to
a controlled substance classified in
schedule III(d), upon conviction may be imprisoned for not
more than five (5) years, or fined not
more than twenty thousand dollars ($20,000) or both.
(iii) A counterfeit
substance classified in schedule V, is guilty of a crime and upon
conviction may be imprisoned for not more than one year, or
fined not more than ten thousand
dollars ($10,000), or both.
(c) (1) It shall be
unlawful for any person knowingly or intentionally to possess a
controlled substance, unless the substance was obtained directly
from or pursuant to a valid
prescription or order of a practitioner while acting in the course
of his or her professional
practice, or except as otherwise authorized by this chapter.
(2) Any person who
violates this subsection with respect to:
(i)
A controlled substance classified in schedules I, II and III, IV, and V, except
the
substance classified as marijuana, is guilty of a crime and
upon conviction may be imprisoned for
not more than three (3) years or fined not less than five
hundred dollars ($500) nor more than five
thousand dollars ($5,000), or both;
(ii) A controlled
substance classified in schedule I as marijuana is guilty of a
misdemeanor and upon conviction may be imprisoned for not more
than one year or fined not less
than two hundred dollars ($200) nor more than five hundred
dollars ($500), or both.
(3) Additionally every
person convicted or who pleads nolo contendere under paragraph
(2)(i) of
this subsection or convicted or who pleads nolo contendere a second or subsequent time
under paragraph (2)(ii) of this subsection, who is not
sentenced to a term of imprisonment to
serve for the offense, shall be required to:
(i)
Perform, up to no less than one hundred (100) hours of community
service;
(ii) Attend and
complete a drug counseling and education program as prescribed by the
director of the department of mental health, retardation and
hospitals and pay the sum of four
hundred dollars ($400) to help defray the costs of this
program which shall be deposited as
general revenues. Failure to attend may result after hearing
by the court in jail sentence up to one
year;
(iii) The court shall
not suspend any part or all of the imposition of the fee required by
this subsection, unless the court finds an inability to
pay;
(iv)
If the offense involves the use of any automobile to transport the
substance or the
substance is found within an automobile, then a person
convicted or who pleads nolo contendere
under paragraphs (2)(i) and (ii)
of this subsection shall be subject to a loss of license for a period
of six (6) months for a first offense and one year for
each offense after this.
(4) All fees assessed
and collected pursuant to paragraph (3)(ii) of this
subsection shall
be deposited as general revenues and shall be collected
from the person convicted or who pleads
nolo contendere before any other
fines authorized by this chapter.
(d) It shall be unlawful
for any person to manufacture, distribute, or possess with intent
to manufacture or distribute, an imitation controlled
substance. Any person who violates this
subsection is guilty of a crime, and upon conviction shall be
subject to the same term of
imprisonment and/or fine as provided by this chapter for the
manufacture or distribution of the
controlled substance which the particular imitation controlled
substance forming the basis of the
prosecution was designed to resemble and/or represented to be;
but in no case shall the
imprisonment be for more than five (5) years nor the fine for more
than twenty thousand dollars
($20,000).
(e) It shall be
unlawful for a practitioner to prescribe, order, distribute, supply, or sell an
anabolic steroid or human growth hormone for: (1) enhancing
performance in an exercise, sport,
or game, or (2) hormonal manipulation intended to
increase muscle mass, strength, or weight
without a medical necessity. Any person who violates this
subsection is guilty of a misdemeanor
and upon conviction may be imprisoned for not more than
six (6) months or a fine of not more
than one thousand dollars ($1,000), or both.
SECTION 2. This act shall take effect upon passage.
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LC00945
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