Chapter 114

2017 -- S 0805 SUBSTITUTE A Enacted 06/30/2017

A N   A C T

RELATING TO FOOD AND DRUGS - UNIFORM CONTROLLED SUBSTANCES ACT

Introduced By: Senator Elizabeth A. Crowley

Date Introduced: April 25, 2017

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 that 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);

(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. ; or

(7) One ounce (1 oz.) to one kilogram (1 kg.) of a mixture or substance containing a

detectable amount of fentanyl.

(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 that 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);

(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. ; or

(7) More than one kilogram (1 kg.) of a mixture or substance containing a detectable

amount of fentanyl.

(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.

========

LC000777/SUB A

========