2009 -- S 0582

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LC01917

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2009

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A N A C T

RELATING TO CRIMINAL OFFENSES -- CHILDREN

     Introduced By: Senator Joshua Miller

     Date Introduced: February 25, 2009

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 11-9 of the General Laws entitled "Children" is hereby amended by

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adding thereto the following section:

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     11-9-13.20. Drug paraphernalia, blunt cigars, and similar items. -- (a) No person

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shall sell, to any person under eighteen (18) years of age:

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     (1) Cigars sold singly, flavored cigars known as "blunts," unflavored "blunts," flavored

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and unflavored blunt wraps, cigarette rolling papers of any size or composition, cigarillos, and

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tiparillos;

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     (2) Every person who shall violate this section by selling items enumerated in this section

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without verifying or checking identification to ensure that the person purchasing items

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enumerated in this section is at least eighteen (18) years of age, shall be fined not exceeding one

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thousand dollars ($1,000).

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     SECTION 2. Section 21-28.5-1 of the General Laws in Chapter 21-28.5 entitled "Sale of

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Drug Paraphernalia" is hereby amended to read as follows:

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     21-28.5-1. "Drug paraphernalia" defined. -- (a) As used in this chapter, "drug

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paraphernalia" means all equipment, products, and materials of any kind which are intended for

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use or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing,

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compounding, converting, producing, processing, preparing, testing, analyzing, packing,

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repackaging, storing, containing, concealing, ingesting, inhaling, or introducing into the human

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body a controlled substance in violation of chapter 28 of this title. "Drug paraphernalia" includes,

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but is not limited to, all of the following:

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      (1) Kits intended for use or designed for use in planting, propagating, cultivating,

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growing, or harvesting of any species of plant which is a controlled substance or from which a

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controlled substance can be derived;

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      (2) Kits intended for use or designed for use in manufacturing, compounding,

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converting, producing, processing, or preparing controlled substances;

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      (3) Isomerization devices intended for use or designed for use in increasing the potency

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of any species of plant that is a controlled substance;

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      (4) Testing equipment intended for use or designed for use in identifying or in analyzing

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the strength, effectiveness, or purity of controlled substances;

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      (5) Scales and balances intended for use or designed for use in weighing or measuring

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controlled substances;

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      (6) Dilutants and adulterants, such as quinine hydrochloride, mannitol, mannite,

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dextrose, and lactose, intended for use or designed for use in cutting controlled substances;

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      (7) Separation gins and sifters intended for use or designed for use in removing twigs

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and seeds from, or in cleaning or refining, marijuana;

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      (8) Blenders, bowls, containers, spoons, and mixing devices intended for use or designed

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for use in compounding controlled substances;

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      (9) Capsules, balloons, envelopes, and other containers intended for use or designed for

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use in packaging small quantities of controlled substances;

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      (10) Containers and other objects intended for use or designed for use in storing or

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concealing controlled substances; and

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      (11) Objects intended for use or designed for use in ingesting, inhaling, or introducing

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marijuana, cocaine, hashish, or hashish oil into the human body, such as:

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      (i) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens,

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permanent screens, hashish heads, or punctured metal bowls;

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      (ii) Water pipes;

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      (iii) Carburetion tubes and devices;

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      (iv) Smoking and carburetion masks;

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      (v) Roach clips, meaning objects used to hold burning material, such as a marijuana

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cigarette that has become too small or too short to be held in the hand;

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      (vi) Miniature cocaine spoons, and cocaine vials;

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      (vii) Chamber pipes;

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      (viii) Carburetor pipes;

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      (xi) Electric pipes;

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      (x) Air-driven pipes;

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      (xi) Chillums;

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      (xii) Bongs;

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      (xiii) Ice pipes or chillers; and

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      (xiv) Wide rolling Rolling papers of any size or composition which are designed for drug

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use including, but not limited to, any roll or leaf of paper or paper by-product manufactured with

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or without tobacco leaf or pulp and which may be known as flavored or unflavored blunt wraps.

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      (b) In determining whether an object is drug paraphernalia, a court or other authority

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may consider, in addition to all other logically relevant factors, the following:

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      (1) Statements by an owner or by anyone in control of the object concerning its use;

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      (2) Prior conviction, if any, of an owner, or of anyone in control of the object, under any

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state or federal law relating to any controlled substance;

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      (3) Direct or circumstantial evidence of the intent of an owner, or of anyone in control of

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the object, to deliver it to persons who the owner or person in control of the object knows, or

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should reasonably know, intend to use the object to facilitate a violation of this chapter. The

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innocence of an owner, or of anyone in control of the object, as to a direct violation of this

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chapter shall not prevent a finding that the object is intended for use, or designed for use, as drug

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paraphernalia;

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      (4) Instructions, oral or written, provided with the object concerning its use;

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      (5) Descriptive materials accompanying the object that explain or depict its use;

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      (6) National and local advertising concerning its use;

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      (7) The manner in which the object is displayed for sale;

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      (8) Whether the owner, or anyone in control of the object, is a legitimate supplier of like

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or related items to the community, such as a licensed distributor or dealer of tobacco products;

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      (9) The existence and scope of legitimate uses for the object in the community; and

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      (10) Expert testimony concerning its use.

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     SECTION 3. This act shall take effect upon passage.

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LC01917

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO CRIMINAL OFFENSES -- CHILDREN

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     This act would include blunt wraps under the definitions of rolling papers. This act

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would also require that sellers of items in this section verify the purchaser is at least eighteen (18)

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years old. Any person violating the provisions of the act would be guilty of a misdemeanor.

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     This act would take effect upon passage.

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LC01917

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