| Chapter 101 |
| 2021 -- H 6328 Enacted 07/01/2021 |
| A N A C T |
| RELATING TO FOOD AND DRUGS - UNIFORM CONTROLLED SUBSTANCES ACT - OFFENSES AND PENALTIES |
Introduced By: Representatives Edwards, Bennett, Caldwell, McEntee, Craven, Hull, Cortvriend, Amore, Slater, and Filippi |
| Date Introduced: May 12, 2021 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Section 21-28-4.01 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 § 21-28-1.02(20) § 21-28- |
| 1.02, 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 § |
| 21-28-1.02(20). |
| (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 |
| buprenorphine and 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) More than one ounce (1 oz.) of a controlled substance classified in schedule I as |
| marijuana is guilty of a misdemeanor, except for those persons subject to (a)(1), 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. |
| (iii) Notwithstanding any public, special, or general law to the contrary, the possession of |
| one ounce (1 oz.) or less of marijuana by a person who is eighteen (18) years of age or older, and |
| who is not exempted from penalties pursuant to chapter 28.6 of this title, shall constitute a civil |
| offense, rendering the offender liable to a civil penalty in the amount of one hundred fifty dollars |
| ($150) and forfeiture of the marijuana, but not to any other form of criminal or civil punishment or |
| disqualification. Notwithstanding any public, special, or general law to the contrary, this civil |
| penalty of one hundred fifty dollars ($150) and forfeiture of the marijuana shall apply if the offense |
| is the first (1st) or second (2nd) violation within the previous eighteen (18) months. |
| (iv) Notwithstanding any public, special, or general law to the contrary, possession of one |
| ounce (1 oz.) or less of marijuana by a person who is seventeen (17) years of age or older and under |
| the age of eighteen (18) years, and who is not exempted from penalties pursuant to chapter 28.6 of |
| this title, shall constitute a civil offense, rendering the offender liable to a civil penalty in the amount |
| of one hundred fifty dollars ($150) and forfeiture of the marijuana; provided the minor offender |
| completes an approved, drug-awareness program and community service as determined by the |
| court. If the person seventeen (17) years of age or older and under the age of eighteen (18) years |
| fails to complete an approved, drug-awareness program and community service within one year of |
| the disposition, the penalty shall be a three hundred dollar ($300) civil fine and forfeiture of the |
| marijuana, except that if no drug-awareness program or community service is available, the penalty |
| shall be a fine of one hundred fifty dollars ($150) and forfeiture of the marijuana. The parents or |
| legal guardian of any offender seventeen (17) years of age or older and under the age of eighteen |
| (18) shall be notified of the offense and the availability of a drug-awareness and community-service |
| program. The drug-awareness program must be approved by the court, but shall, at a minimum, |
| provide four (4) hours of instruction or group discussion and ten (10) hours of community service. |
| Notwithstanding any other public, special, or general law to the contrary, this civil penalty shall |
| apply if the offense is the first or second violation within the previous eighteen (18) months. |
| (v) Notwithstanding any public, special, or general law to the contrary, a person not |
| exempted from penalties pursuant to chapter 28.6 of this title found in possession of one ounce (1 |
| oz.) or less of marijuana is guilty of a misdemeanor and, upon conviction, may be imprisoned for |
| not more than thirty (30) days, or fined not less than two hundred dollars ($200) nor more than five |
| hundred dollars ($500), or both, if that person has been previously adjudicated on a violation for |
| possession of less than one ounce (1 oz.) of marijuana under (c)(2)(iii) or (c)(2)(iv) two (2) times |
| in the eighteen (18) months prior to the third (3rd) offense. |
| (vi) Any unpaid civil fine issued under (c)(2)(iii) or (c)(2)(iv) shall double to three hundred |
| dollars ($300) if not paid within thirty (30) days of the disposition. The civil fine shall double again |
| to six hundred dollars ($600) if it has not been paid within ninety (90) days. |
| (vii) No person may be arrested for a violation of (c)(2)(iii) or (c)(2)(iv) of this subsection |
| except as provided in this subparagraph. Any person in possession of an identification card, license, |
| or other form of identification issued by the state or any state, city, or town, or any college or |
| university, who fails to produce the same upon request of a police officer who informs the person |
| that he or she has been found in possession of what appears to the officer to be one ounce (1 oz.) |
| or less of marijuana, or any person without any such forms of identification who fails or refuses to |
| truthfully provide his or her name, address, and date of birth to a police officer who has informed |
| such person that the officer intends to provide such individual with a citation for possession of one |
| ounce (1 oz.) or less of marijuana, may be arrested. |
| (viii) No violation of (c)(2)(iii) or (c)(2)(iv) of this subsection shall be considered a |
| violation of parole or probation. |
| (ix) Any records collected by any state agency, tribunal, or the family court that include |
| personally identifiable information about violations of (c)(2)(iii) or (c)(2)(iv) shall not be open to |
| public inspection in accordance with § 8-8.2-21. |
| (3) Jurisdiction. Any and all violations of (c)(2)(iii) and (c)(2)(iv) shall be the exclusive |
| jurisdiction of the Rhode Island traffic tribunal. All money associated with the civil fine issued |
| under (c)(2)(iii) or (c)(2)(iv) shall be payable to the Rhode Island traffic tribunal. Fifty percent |
| (50%) of all fines collected by the Rhode Island traffic tribunal from civil penalties issued pursuant |
| to (c)(2)(iii) or (c)(2)(iv) shall be expended on drug-awareness and treatment programs for youth. |
| (4) Additionally, every person convicted or who pleads nolo contendere under (c)(2)(i) or |
| convicted or who pleads nolo contendere a second or subsequent time under (c)(2)(ii), who is not |
| sentenced to a term of imprisonment to serve for the offense, shall be required to: |
| (i) Perform up to 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 behavioral healthcare, developmental disabilities 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 (c)(2)(i) and (c)(2)(ii) 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. |
| (5) All fees assessed and collected pursuant to (c)(3)(ii) 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 that 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. |
| (f) It is unlawful for any person to knowingly or intentionally possess, manufacture, |
| distribute, or possess with intent to manufacture or distribute, any extract, compound, salt |
| derivative, or mixture of salvia divinorum or datura stramonium or its extracts unless the person is |
| exempt pursuant to the provisions of § 21-28-3.30. Notwithstanding any laws to the contrary, any |
| person who violates this section is guilty of a misdemeanor and, upon conviction, may be |
| imprisoned for not more than one year, or fined not more than one thousand dollars ($1,000), or |
| both. The provisions of this section shall not apply to licensed physicians, pharmacists, and |
| accredited hospitals and teaching facilities engaged in the research or study of salvia divinorum or |
| datura stramonium and shall not apply to any person participating in clinical trials involving the |
| use of salvia divinorum or datura stramonium. |
| SECTION 2. This act shall take effect upon passage. |
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| LC002832 |
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