Chapter 287 |
2021 -- S 0188 SUBSTITUTE A Enacted 07/09/2021 |
A N A C T |
RELATING TO FOOD AND DRUGS -- UNIFORM CONTROLLED SUBSTANCES ACT |
Introduced By: Senators McCaffrey, Goodwin, Miller, Euer, F Lombardi, Kallman, Archambault, Valverde, DiMario, and DiPalma |
Date Introduced: February 05, 2021 |
It is enacted by the General Assembly as follows: |
SECTION 1. Section 8-2-39.3 of the General Laws in Chapter 8-2 entitled "Superior |
Court" is hereby amended to read as follows: |
8-2-39.3. Superior court diversion. |
(a) In accordance with § 8-6-2, the superior court may create, with the approval of the |
supreme court, rules for a superior court diversion program. The presiding justice may assign a |
justice or magistrate to administer the diversion program. The program is designed to offer an |
alternative to traditional conviction, sentencing, and incarceration by providing eligible defendants |
with a framework of supervision and services in lieu of incarceration and/or probation to help them |
make informed decisions; engage in positive behavior; and reduce the risk of recidivism. |
(b) Definitions: |
(1) "Disqualifying offense" includes murder; manslaughter; first-degree arson; kidnapping |
with intent to extort; robbery; felony assault -- serious bodily injury; larceny from the person; |
burglary; entering a dwelling house with intent to commit murder; robbery; sexual assault; any |
domestic violence offense as defined in chapter 29 of title 12; felony driving while intoxicated; |
driving while intoxicated -- death resulting; driving while intoxicated -- serious bodily injury |
resulting; possession of greater than one ounce (1 oz.) or greater than one kilogram (1 kg.) of a |
controlled substance, excluding marijuana; possession of greater than five kilograms (5 kg.) of |
marijuana; any offense requiring sex offender registration pursuant to chapter 37.1 of title 11; and |
child abuse as defined in § 11-9-5.3; and all firearms offenses, as defined in chapter 47 of title 11, |
with the exception of: § 11-47-6, mental incompetents and drug addicts prohibited from possession |
of firearms; § 11-47-8, license or permit required for carrying pistol -- possession of machine gun; |
and § 11-47-52, carrying of weapon while under the influence of liquor or drugs. The definition |
shall also include any attempt or conspiracy to commit any of the offenses included in this |
subsection. |
(2) "Eligible defendant" means any person who stands charged in a district court complaint, |
superior court indictment, or a superior court information for a felony offense or for a misdemeanor |
offense in violation of § 21-28-4.01(c)(2)(i) and: |
(i) Has not been previously convicted of or pleaded nolo contendere to a disqualifying |
offense, as defined in this section; |
(ii) Has not been previously convicted of or pleaded nolo contendere previously to two (2) |
or more felony offenses within the last five (5) years (excluding any time during which the offender |
was incarcerated for any reason between the time of commission of the previous felony and the |
time of commission of the present felony); and |
(iii) Has not been charged with a disqualifying offense as defined in this section. |
(c) The procedure for referral and admission into the program shall be as follows: |
(1) At any time after the arraignment of an eligible defendant, either in the district court or |
superior court, but prior to the entry of a plea of guilty or the commencement of trial, a referral may |
be made to the judicial diversion program's sentencing case manager. The referral may be made by |
a representative of the department of the attorney general or counsel entered on behalf of a |
defendant or upon request by a justice of the superior or district court. |
(2) The judicial diversion sentencing case manager shall ensure that the individual is an |
eligible defendant, and satisfies any additional criteria established by the court through its rules and |
regulations. |
(3) The judicial diversion sentencing case manager shall submit his or her report to the |
justice or magistrate assigned to the program, indicating acceptance or rejection into the program. |
Upon receipt of the report, the court shall confer with counsel for the defendant and counsel for the |
state. |
(4) Either party may request a hearing on the issue of whether the defendant should be |
admitted into the program. |
(5) The superior court magistrate or justice assigned to the program shall make the final |
determination as to whether a defendant is admitted into the program. |
(d) Notwithstanding the above provisions, if counsel for the department of attorney general |
and the counsel for the defendant agree that the defendant should be admitted to the program, he |
or she shall be deemed "eligible" and may be granted admission. |
(e) Once the defendant has been accepted into the program, the defendant shall sign a |
contract. The contract will detail the requirements of the program, which requirements shall be |
consistent with the rules and regulations promulgated by the court. The defendant will be bound by |
the terms of the contract, which will set forth the court's expectations; the conditions imposed upon |
and the responsibilities of the defendant; and the treatment plan goals and strategies. In addition, |
by signing the contract, the defendant agrees to waive any applicable statute of limitations and/or |
right to a speedy trial. |
(f) If a defendant fails to abide by the program's conditions and orders, he or she may be |
terminated from the program by the magistrate or justice assigned to the program. If a defendant is |
terminated from the program then he or she shall have his or her case placed on the superior court |
criminal calendar in the county that the case originated. |
(g) The superior court may make such rules and regulations for the administration and |
enforcement of this chapter as it may deem necessary. Provided, further, notwithstanding any |
provision of the general or public laws to the contrary, the superior court shall have the power to |
adopt by rule or regulation, in whole or in part, any standards, rules, regulations, or other standards |
and procedures governing the judicial diversion program. |
SECTION 2. Sections 21-28-4.01, 21-28-4.01.1, 21-28-4.01.2, 21-28-4.11 and 21-28-4.14 |
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), 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 subsection |
(a)(2), 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) Except as otherwise provided in §§ 21-28-4.01.1 and 21-28-4.01.2, ten grams (10 g.) or |
less of a mixture or substance containing a detectable amount of a controlled substance classified |
in schedules I, II, III, IV, and V, except the substance classified as marijuana, is guilty of a |
misdemeanor and, upon conviction, may be imprisoned for not more than two (2) years, or fined |
not more than five hundred dollars ($500) or both. |
(i)(ii) Except as otherwise provided in §§ 21-28-4.01.1 and 21-28-4.01.2, more than ten |
grams (10 g), but less than one ounce (1 oz.) of a mixture or substance containing a detectable |
amount of a A controlled substance classified in schedules I, II and III, IV, and V, except the |
substance classified as marijuana, is guilty of a crime felony 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)(iii) 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)(iv) 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)(v) 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)(vi) 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) (c)(2)(iv) or (c)(2)(iv) |
(c)(2)(v) two (2) times in the eighteen (18) months prior to the third (3rd) offense. |
(vi)(vii) Any unpaid civil fine issued under (c)(2)(iii) (c)(2)(iv) or (c)(2)(iv) (c)(2)(v) 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)(viii) No person may be arrested for a violation of (c)(2)(iii) (c)(2)(iv) or (c)(2)(iv) |
(c)(2)(v) 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)(ix) No violation of (c)(2)(iii) (c)(2)(iv) or (c)(2)(iv) (c)(2)(v) of this subsection shall |
be considered a violation of parole or probation. |
(ix)(x) Any records collected by any state agency, tribunal, or the family court that include |
personally identifiable information about violations of (c)(2)(iii) (c)(2)(iv) or (c)(2)(iv) (c)(2)(v) |
shall not be open to public inspection in accordance with § 8-8.2-21. |
(3) Jurisdiction. |
(i) Any and all adjudications of violations of (c)(2)(i) shall be within the original |
jurisdiction of the Rhode Island superior court. The department of attorney general shall prosecute |
any and all violations of (c)(2)(i). |
(ii) Any and all violations of (c)(2)(iii) (c)(2)(iv) and (c)(2)(iv) (c)(2)(v) 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) (c)(2)(iv) or (c)(2)(v) 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) (c)(2)(iv) or (c)(2)(v) 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 |
(c)(2)(ii) or convicted or who pleads nolo contendere a second or subsequent time under (c)(2)(ii) |
(c)(2)(iii), 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) or (c)(2)(iii) 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) (c)(2)(iii) 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. |
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 schedule 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 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 kilograms (5 kgs.) of a mixture containing a detectable |
amount of marijuana; |
(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 or its analogs, including, but not limited to,: N-(1- |
phenethylpiperidin-4-yl)–N-phenylacetamide, its optical, positional, and geometric isomers, salts, |
and salts of isomers (acetyl fentanyl); N-(1-phenethylpiperidin-4-yl)-N-phenylfuran-2carboxamide |
(furanyl fentanyl); and N-Phenethyl-4-piperidinone (4-AN-PP); or |
(8) One ounce (1 oz.) to one kilogram (1 kg.) of a mixture or substance containing a |
detectable amount of carfentanil; or |
(9) One ounce (1 oz.) to one kilogram (1 kg.) of 3,4-methyl-enedioxymethamphetamine |
(MDMA), its optical, positional, and geometric isomers, salts, and salts of isomers; or |
(10) One ounce (1 oz.) to one kilogram (1 kg.) of amphetamine, its salts, optical isomers, |
and salts of its optical isomers; or |
(11) One ounce (1 oz.) to one kilogram (1 kg.) of methamphetamine, its salts, and salts of |
its isomers. |
(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 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; |
(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 or its analogs, including, but not limited to,: N-(1-phenethylpiperidin-4-yl)–N- |
phenylacetamide, its optical, positional, and geometric isomers, salts, and salts of isomers (acetyl |
fentanyl); N-(1-phenethylpiperidin-4-yl)-N-phenylfuran-2carboxamide (furanyl fentanyl); and N- |
Phenethyl-4-piperidinone (4-AN-PP); or |
(8) More than one kilogram (1 kg.) of a mixture or substance containing a detectable |
amount of carfentanil; or |
(9) More than one kilogram (1 kg.) of 3,4-methyl-enedioxymethamphetamine (MDMA), |
its optical, positional, and geometric isomers, salts, and salts of isomers; or |
(10) More than one kilogram (1 kg.) of amphetamine, its salts, optical isomers, and salts of |
its optical isomers; or |
(11) More than one kilogram (1 kg.) of methamphetamine, its salts, and salts of its isomers. |
(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). |
21-28-4.11. Second offenses. |
(a) Any person convicted of a second offense under this chapter, except for violations of |
subparagraphs §§ 21-28-4.01(c)(2)(i), § 21-28-4.01(c)(2)(iii), § 21-28-4.01(c)(2)(iv), or § 21-28- |
4.01(c)(2)(v), or § 21-28-4.01(c)(2)(vi), may be imprisoned for a term up to twice the term |
authorized, fined an amount up to twice that authorized, or both. |
(b) For purposes of this section, an offense is considered a second offense if, prior to his or |
her conviction of the offense, the offender has at any time been convicted under this chapter, except |
for violations of subparagraphs §§ 21-28-4.01(c)(2)(i), § 21-28-4.01(c)(2)(iii), § 21-28- |
4.01(c)(2)(iv) or § 21-28-4.01(c)(2)(v), or § 21-28-4.01(c)(2)(vi), or under any statute of the United |
States or of any state relating to narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic |
drugs. |
21-28-4.14. Third or subsequent offenses. |
(a) Any person convicted of a third or subsequent offense under this chapter, except for |
violations of subparagraphs 21-28-4.01(c)(2)(iii), 21-28-4.01(c)(2)(iv) or 21-28-4.01(c)(2)(v) §§ |
21-28-4.01(c)(2)(iv), § 21-28-4.01(c)(2)(v), or § 21-28-4.01(c)(2)(vi), may be imprisoned for a |
term up to three (3) times the term authorized, and fined an amount up to three (3) times that |
authorized by § 21-28-4.11, or both. |
(b) For purposes of this section, an offense is considered a third or subsequent offense if, |
prior to his or her conviction of the offense, the offender has at any time been convicted twice under |
this chapter, except for violations of subparagraphs §§ 21-28-4.01(c)(2)(iii), § 21-28-4.01(c)(2)(iv) |
or § 21-28-4.01(c)(2)(v), § 21-28-4.01(c)(2)(vi), or twice under any statute of the United States or |
of any other state, or any combination of them, relating to narcotic drugs, marijuana, depressant, |
stimulant, or hallucinogenic drug drugs. |
SECTION 3. This act shall take effect upon passage. |
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LC001093/SUB A |
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