Chapter 090

2014 – S 2754

Enacted 06/09/14

A N   A C T

RELATING TO FOOD AND DRUGS -- UNIFORM CONTROLLED SUBSTANCES ACT

Introduced By: Senators Archambault, Satchell, Raptakis, DiPalma, and Ciccone

Date Introduced: March 06, 2014

 

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. ; or

(6) One ounce (1 oz.) to one kilogram (1 kg.) of a mixture or substance containing a detectable amount of synthetic drugs.

(b) Any person who violates this section shall be guilty of a crime, and upon conviction, may be imprisoned for a term up to fifty (50) years and fined not more than five hundred thousand dollars ($500,000).

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. ; or

(6) More than one kilogram (1 kg.) of a mixture or substance containing a detectable amount of synthetic drugs.

 

(b) Any person who violates this section shall be guilty of a crime, and upon conviction, may be imprisoned for a term up to life and fined not more than one million dollars ($1,000,000).

SECTION 2. This act shall take effect upon passage.

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LC004496
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