S2367

	2012 -- S 2367
	=======
	LC01135
	=======
	STATE OF RHODE ISLAND

	IN GENERAL ASSEMBLY

	JANUARY SESSION, A.D. 2012

	____________


	A N A C T
	RELATING TO FOOD AND DRUGS - TAXATION AND REGULATION OF MARIJUANA


	Introduced By: Senators Perry, and Miller

	Date Introduced: February 14, 2012

	Referred To: Senate Judiciary




	It is enacted by the General Assembly as follows:

1-1	SECTION 1. TITLE 21 of the General Laws entitled “FOOD & DRUGS” is hereby
1-2	amended by adding thereto the following chapter:
1-3	CHAPTER 21-28.6.1
1-4	LEGALIZATION OF MARIJUANA
1-5	21-28.6.1-1. Short title. -- This chapter shall be known and may be cited as the
1-6	“Legalization of Marijuana Act".
1-7	21-28.6.1-2. Legislative findings. -- The general assembly hereby finds and declares
1-8	that:
1-9	(1) More than seven (7) decades of arresting marijuana users has failed to prevent
1-10	marijuana use; a study published in the American Journal of Public Health compared marijuana
1-11	usage rates in the United States with rates in the Netherlands, where adults’ marijuana use and
1-12	sales are de facto legal, found “no evidence to support claims that criminalization reduces
1-13	[marijuana] use”.
1-14	(2) More than one hundred million (100,000,000) adults in the United States, including
1-15	the last three (3) presidents, have used marijuana, and data from the 2010 Monitoring the Future
1-16	Survey show that despite prohibition, more than eighty percent (80%) of twelfth graders find
1-17	marijuana “fairly easy” or “easy” to obtain.
1-18	(3) More than fifty thousand (50,000) people have been killed in drug cartel and
1-19	crackdown-related violence since the beginning of the crackdown on cartels in Mexico in 2006
1-20	and, according to the Federal Office of National Drug Control Policy, sixty percent (60%) of drug
2-1	cartel profits come from marijuana sales in the United States.
2-2	(4) In June 2005, five hundred thirty (530) economists, including three (3) Nobel
2-3	Laureates, endorsed a study on the costs of marijuana prohibition by Harvard professor Dr.
2-4	Jeffrey Miron which estimated that taxing and regulating marijuana would yield ten billion
2-5	dollars to fourteen billion dollars ($10,000,000,000 – $14,000,000,000) in increased revenues and
2-6	savings, and which called for “an open and honest debate about marijuana prohibition,” adding,
2-7	“We believe such a debate will favor a regime in which marijuana is legal but taxed and regulated
2-8	like other goods.”
2-9	(5) Heads of state in countries that have been scarred by drug cartel violence are
2-10	beginning to call for a re-examination of drug policies, with former president of Mexico Vicente
2-11	Fox calling for marijuana to be legally sold, and past and current presidents of three (3) Latin
2-12	American countries Cesar Gaviria of Colombia, Fernando Henrique Cardoso of Brazil, and Felipe
2-13	Calderon and Ernesto Zedillo of Mexico calling for a discussion on decriminalizing marijuana.
2-14	(6) The lack of marijuana market regulation ensures that marijuana production and
2-15	distribution are in the hands of unlicensed growers, who are untaxed, unmonitored, and often
2-16	cultivated on state or federal lands, and the product is not controlled or regulated for safety
2-17	concerns.
2-18	(7) There were more than eight hundred fifty-eight thousand (858,000) arrests for
2-19	marijuana offenses in the United States in 2009, which is more than the entire adult population of
2-20	Rhode Island.
2-21	(8) Just over eight thousand one hundred (8,100) suspects were booked by federal law
2-22	enforcement in 2004 about one percent of all marijuana arrests demonstrating that nearly all
2-23	marijuana arrests occurs on the state level, and thus, state legislative action has the capacity to
2-24	significantly change policy.
2-25	(9) While there were more than two thousand seven hundred two (2,702) arrests for
2-26	marijuana offenses in Rhode Island in 2009, thousands of serious crimes went unsolved; the
2-27	clearance rates for homicide, rape, and robbery were only 43.8%, 27%, and 29.3% in Rhode
2-28	Island in 2009.
2-29	(10) There is an alarming racial disparity in marijuana arrests in Rhode Island, with
2-30	African Americans arrested at nearly three and a half (3½) times the rate of whites in 2009,
2-31	although their marijuana usage rates were very similar.
2-32	(11) Removing state criminal penalties for persons aged twenty-one (21) and older who
2-33	use or cultivate small amounts of marijuana, and from regulated providers, would allow police to
2-34	spend more time preventing and investigating serious crimes like murder, rape, assault, robbery,
3-1	burglary, and driving under the influence of alcohol and other drugs and would create substantial
3-2	savings now.
3-3	(12) States are not required to enforce federal law or to prosecute people for engaging in
3-4	activities prohibited by federal law, and may choose whether or not to impose state criminal
3-5	penalties on conduct.
3-6	21-28.6.1-3. Definitions. -- For purposes of this chapter:
3-7	(1) “Department” means the state of Rhode Island department of business regulation.
3-8	(2) “Marijuana” means all parts of the plant cannabis sativa L., whether growing or not;
3-9	the seeds thereof; the resin extracted from any part of the plant; and every compound,
3-10	manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. It does not
3-11	include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the
3-12	seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of
3-13	the mature stalks (except the resin extracted from it), fiber, oil, or cake, or the sterilized seed of
3-14	the plant that is incapable of germination.
3-15	(3) “Marijuana paraphernalia” means equipment, products, and materials which are used
3-16	or intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing,
3-17	compounding, converting, producing, processing, preparing, testing, analyzing, packaging,
3-18	repackaging, storing, containing, concealing, ingesting, inhaling, or otherwise introducing
3-19	marijuana into the human body.
3-20	(4) “Public place” means any street, alley, park, sidewalk, public building other than
3-21	individual dwellings, or any place of business or assembly open to or frequented by the public,
3-22	and any other place to which the public has access.
3-23	(5) “Retailer” means an entity that is either:
3-24	(i) Registered pursuant to sections 21-28.6.2 and 44-49-17 of the general laws, to be
3-25	exempt from state penalties for purchasing marijuana from a wholesaler and selling marijuana
3-26	and marijuana paraphernalia to customers who are twenty-one (21) years of age or older; or
3-27	(ii) Exempt from state penalties under Rhode Island general law 21-28.6.2-2 due to the
3-28	department not issuing registrations.
3-29	(6) “Safety compliance facility” means an entity that is either:
3-30	(i) Registered pursuant to chapter 21-28.6.2 and Rhode Island general law section 44-49-
3-31	17, inclusive, of this chapter to be exempt from state penalties for providing one or both of the
3-32	following services: training, including that related to cultivation of marijuana, safe handling of
3-33	marijuana, and security and inventory procedures; or testing marijuana for potency and
3-34	contaminants; or
4-1	(ii) Exempt from state penalties under Rhode Island general law section 21-28.6.2-3 due
4-2	to the department not issuing registrations.
4-3	(7) “Smoking” means heating to at least the point of combustion, causing plant material
4-4	to burn. It does not include vaporizing, which means heating below the point of combustion and
4-5	resulting in a vapor or mist.
4-6	(8) “State prosecution” means prosecution initiated or maintained by the state of Rhode
4-7	Island or an agency or political subdivision of the state of Rhode Island.
4-8	(9) “Verification system” means a phone or web-based system that is operational twenty-
4-9	four (24) hours each day that law enforcement personnel shall use to verify registry identification
4-10	zip ties and that shall be established and maintained by the department pursuant to Rhode Island
4-11	general law section 21-28.6.2-6.
4-12	(10) “Wholesaler” means an entity that is either:
4-13	(i) Registered pursuant to sections 21-28.6.2 and 44-49-17 of the general laws, to be
4-14	exempt from state penalties for cultivating, preparing, packaging, and selling marijuana to a
4-15	retailer or another wholesaler, but not selling marijuana to the general public; or
4-16	(ii) Exempt from state penalties under Rhode Island general law section 21-28.6.2-3 due
4-17	to the department not issuing registrations.
4-18	(11) “Zip tie” means a fastener capable of being attached to a plant, which is produced by
4-19	or at the direction of the department.
4-20	21-28.6.1-4. Exempt Activities. -- Except as otherwise provided in this chapter:
4-21	(1) A person who is twenty-one (21) years of age or older is exempt from arrest, civil or
4-22	criminal penalty, seizure or forfeiture of assets, discipline by any state or local licensing board,
4-23	and state prosecution for the following acts:
4-24	(i) Actually and constructively using, obtaining, purchasing, transporting, or possessing
4-25	one ounce or less of marijuana and three (3) marijuana seedlings or cuttings or less. As used
4-26	herein, “one ounce or less of marijuana” includes one ounce or less of marijuana, or any mixture
4-27	or preparation thereof, including but not limited to five (5) grams or less of hashish. The weight
4-28	of any non-marijuana ingredients combined with marijuana, such as in a preparation for topical
4-29	administration or for consumption as food or drink, shall not count toward the one ounce (1 oz.)
4-30	limit;
4-31	(ii) Controlling any premises or vehicle where up to one ounce (1 oz.) or less of
4-32	marijuana and three (3) marijuana seedlings or cuttings or less per person who is twenty-one (21)
4-33	years of age or older is possessed, processed, or stored;
5-34	(iii) Using, obtaining, purchasing, transporting, or possessing, actually or constructively,
5-35	marijuana paraphernalia;
5-36	(iv) Selling marijuana seeds to a wholesaler;
5-37	(v) Manufacturing, possessing, or producing marijuana paraphernalia;
5-38	(vi) Selling marijuana paraphernalia to retailers, wholesalers, or persons who are twenty-
5-39	one (21) years of age or older;
5-40	(vii) Transferring one ounce (1 oz.) or less of marijuana and three (3) marijuana seedlings
5-41	or cuttings or less without remuneration to a person who is twenty-one (21) years of age or older;
5-42	(viii) Aiding and abetting another person who is twenty-one (21) years of age or older in
5-43	the possession or use of one ounce (1 oz.) or less of marijuana or in the cultivation of three (3) or
5-44	fewer marijuana plants;
5-45	(ix) Aiding and abetting another person who is twenty-one (21) years of age or older in
5-46	the possession or use of marijuana paraphernalia;
5-47	(x) Cultivating three (3) or fewer marijuana plants;
5-48	(xi) Controlling the premises where no more than five (5) other persons twenty-one (21)
5-49	years of age or older cultivate marijuana plants, with the total number of plants not exceeding
5-50	eighteen (18) in any dwelling unit;
5-51	(xii) Assisting with the cultivation of marijuana plants that are cultivated at the same
5-52	location for persons twenty-one (21) years of age or older, with the total number of plants not
5-53	exceeding eighteen (18) in any dwelling unit; and
5-54	(xiii) Any combination of the acts described within paragraphs (i) to (xii), inclusive.
5-55	(2) A retailer or any person who is twenty-one (21) years of age or older and acting in his
5-56	or her capacity as an owner, employee, or agent of a retailer who acts in compliance with the
5-57	provisions of this chapter is exempt from arrest, civil or criminal penalty, seizure or forfeiture of
5-58	assets, discipline by any state or local licensing board, and state prosecution for the following
5-59	acts:
5-60	(i) Transporting or possessing, actually or constructively, marijuana, including seedlings
5-61	or cuttings that was purchased from a wholesale;
5-62	(ii) Possessing marijuana paraphernalia;
5-63	(iii) Obtaining or purchasing marijuana from a wholesaler;
5-64	(iv) Manufacturing, possessing, producing, obtaining, or purchasing marijuana
5-65	paraphernalia;
5-66	(v) Selling, transferring, or delivering marijuana, including seedlings or cuttings, which
5-67	originates from a wholesaler, or marijuana paraphernalia to any person who is twenty-one (21)
5-68	years of age or older;
6-1	(vi) Aiding and abetting any person who is twenty-one (21) years of age or older in the
6-2	possession or use of one ounce (1 oz.) or less of marijuana and three (3) or fewer marijuana
6-3	seedlings or cuttings;
6-4	(vii) Aiding and abetting any person who is twenty-one (21) years of age or older in the
6-5	possession or use of marijuana paraphernalia;
6-6	(viii) Controlling any premises or vehicle where marijuana and marijuana paraphernalia
6-7	is possessed, sold, or deposited in a manner that is not in conflict with this chapter or department
6-8	regulations; and
6-9	(ix) Any combination of the acts described within paragraphs (i) to (viii), inclusive.
6-10	(3) A wholesaler or any person who is twenty-one (21) years of age or older and acting in
6-11	his or her capacity as an owner, employee, or agent of a wholesaler who acts in compliance with
6-12	the provisions of this chapter is exempt from arrest, civil or criminal penalty, seizure or forfeiture
6-13	of assets, discipline by any state or local licensing board, and state prosecution for the following
6-14	acts:
6-15	(i) Cultivating, packing, processing, transporting, or manufacturing marijuana;
6-16	(ii) Producing marijuana-infused products, including tinctures, oils, and edible or potable
6-17	goods;
6-18	(iii) Transporting or possessing marijuana that was produced by the wholesaler or another
6-19	wholesaler;
6-20	(iv) Transporting or possessing marijuana seeds;
6-21	(v) Possessing, transporting, selling, or producing marijuana paraphernalia;
6-22	(vi) Selling marijuana to a retailer or a wholesaler;
6-23	(vii) Purchasing marijuana from a wholesaler;
6-24	(viii) Purchasing marijuana seeds from a person who is twenty-one (21) years of age or
6-25	older;
6-26	(ix) Controlling any premises or vehicle where marijuana and marijuana paraphernalia is
6-27	possessed, manufactured, sold, or deposited in a manner that is not in conflict with this chapter or
6-28	department regulations; and
6-29	(x) Any combination of the acts described within paragraphs (i) to (ix), inclusive.
6-30	(4) A safety compliance facility or any person who is twenty-one (21) years of age or
6-31	older and acting in his or her capacity as an owner, employee, or agent of a safety compliance
6-32	facility who acts in compliance with the provisions of this chapter shall not be subject to state
6-33	prosecution; search, except by the department pursuant to Rhode Island general law section 21-
6-34	28.6.2-17; seizure; or penalty in any manner or be denied any right or privilege, including, but not
7-1	limited to, civil penalty or disciplinary action by a court or business licensing board or entity,
7-2	solely for acting in accordance with this chapter and department regulations to provide the
7-3	following services:
7-4	(i) Acquiring or possessing marijuana obtained from wholesalers, retailers, or, if the
7-5	quantity is no more than one ounce (1 oz.) per person, twenty-one (21) years of age or older;
7-6	(ii) Transporting or possessing marijuana obtained from wholesalers, retailers, or, if the
7-7	quantity is no more than one ounce (1 oz.) per person, twenty-one (21) years of age or older;
7-8	(iii) Returning marijuana to wholesalers, retailers, or, if the quantity is no more than one
7-9	ounce (1 oz.) per person, twenty-one (21) years of age or older;
7-10	(iv) Receiving compensation for analytical testing, including for contaminants or
7-11	potency; and
7-12	(v) Any combination of the acts described within subdivisions (1) through (4), inclusive.
7-13	(5) The acts listed in subdivisions (1) through (4), when undertaken in compliance with
7-14	the provisions of this chapter, are lawful under Rhode Island law.
7-15	(6) Except as otherwise provided in subdivision (7), in a prosecution for selling,
7-16	transferring, delivering, giving, or otherwise furnishing marijuana or marijuana paraphernalia to
7-17	any person who is under twenty-one (21) years of age, it is a complete defense if:
7-18	(i) The person who sold, gave, or otherwise furnished marijuana or marijuana
7-19	paraphernalia to a person who is under twenty-one (21) years of age was a retailer or was acting
7-20	in his or her capacity as an owner, employee, or agent of a retailer at the time the marijuana or
7-21	marijuana paraphernalia was sold, given, or otherwise furnished to the person; and
7-22	(ii) Before selling, giving, or otherwise furnishing marijuana or marijuana paraphernalia
7-23	to a person who is under twenty-one (21) years of age, the person who sold, gave, or otherwise
7-24	furnished the marijuana or marijuana paraphernalia, or a staffer or agent of the retailer, was
7-25	shown a document which appeared to be issued by an agency of a federal, state, tribal, or foreign
7-26	sovereign government and which indicated that the person to whom the marijuana or marijuana
7-27	paraphernalia was sold, given, or otherwise furnished was twenty-one (21) years of age or older
7-28	at the time the marijuana or marijuana paraphernalia was sold, given, or otherwise furnished to
7-29	the person.
7-30	(7) The complete defense set forth in subdivision (6) does not apply if:
7-31	(i) The document which was shown to the person who sold, gave, or otherwise furnished
7-32	the marijuana or marijuana paraphernalia was counterfeit, forged, altered, or issued to a person
7-33	other than the person to whom the marijuana or marijuana paraphernalia was sold, given, or
7-34	otherwise furnished; and
8-1	(ii) Under the circumstances, a reasonable person would have known or suspected that
8-2	the document was counterfeit, forged, altered, or issued to a person other than the person to
8-3	whom the marijuana or marijuana paraphernalia was sold, given, or otherwise furnished.
8-4	21-28.6.1-5. Civil Violation. -- (a) Except as provided in subsection (c), unless obtaining
8-5	a zip tie was not reasonably practicable, any person who is twenty-one (21) years of age or older
8-6	who manufactures or cultivates marijuana plants without a zip tie affixed to or within twelve (12)
8-7	inches of each plant is responsible for a civil violation punishable by a fine of up to five hundred
8-8	dollars ($500) for one plant without a zip tie, or up to one thousand dollars ($1,000) for two (2)
8-9	or three (3) plants without a zip tie. For purposes of illustration and not limitation, it is not
8-10	reasonably practicable for an adult to obtain a zip tie if any of the following are true:
8-11	(1) On the date when law enforcement encountered the plant or plants, the department’s
8-12	website did not list any location meeting the requirements of Rhode Island general law section
8-13	21-28.6.1-6 and in the same zip code as the adult’s residence where zip ties could be obtained;
8-14	(2) On any day within thirty (30) days preceding the day when law enforcement
8-15	encountered the plant or plants, the department’s website did not list any location meeting the
8-16	requirements of Rhode Island general law section 21-28.6.1-6 and in the same zip code as the
8-17	adult’s residence where zip ties could be obtained; or
8-18	(3) The adult or a person acting on the adult’s behalf attempted to purchase a zip tie from
8-19	a location listed on the department’s website within thirty (30) days prior to the law enforcement
8-20	encounter, but the location did not have a sufficient number of zip ties available, was not open
8-21	during the posted hours, or the location did not meet the requirements of Rhode Island general
8-22	law section 21-28.6.1-6.
8-23	(b) The manufacture or cultivation of three (3) or fewer marijuana plants by any persons
8-24	who are twenty-one (21) years of age or older in a location that is contrary to this subsection is a
8-25	misdemeanor punishable by a fine of up to one thousand dollars ($1,000), up to ten (10) days in
8-26	jail, or both.
8-27	(1) Cultivation shall not occur in a location where the marijuana plants are subject to
8-28	public view without the use of binoculars, aircraft, or other optical aids.
8-29	(2) Marijuana that is cultivated outdoors must be cultivated in an enclosed location, such
8-30	as a fenced-in area.
8-31	(3) Cultivation may only occur on property lawfully in possession of the cultivator or
8-32	with the consent of the person in lawful possession of the real property.
8-33	(4) If one or more persons under twenty-one (21) years of age live in or are guests at the
8-34	property where marijuana is cultivated, reasonable precautions must be taken to prevent their
9-1	access to marijuana plants. For purposes of illustration and not limitation, cultivating marijuana in
9-2	a locked closet, room, or fully enclosed area to which the person or persons under twenty-one
9-3	(21) years of age do not possess a key, constitutes reasonable precautions.
9-4	(c) Any individual who lawfully cultivates marijuana plants under the provisions of
9-5	chapter 21-28.6 entitled “The Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act”
9-6	shall be exempt from the zip tie requirements of this chapter.
9-7	21-28.6.1-6. Zip ties.-- (a) Within one hundred twenty (120) days of the effective date of
9-8	this chapter, the department shall establish a means for residents of Rhode Island to anonymously
9-9	obtain zip ties with the payment of a one hundred ($100) fee per year per plant. The locations
9-10	selling zip ties may be operated by state or local government agencies or private businesses. Zip
9-11	ties may be sold by automated machines or by individuals.
9-12	(b) Zip tie purchasers must be allowed to choose whether to pay with cash or credit card.
9-13	The department may allow additional methods of payment.
9-14	(c) The department shall ensure that there is at least one indoor location selling zip ties in
9-15	each zip code that is open at least thirty-five (35) daytime or evening hours each week and at least
9-16	four (4) daytime or evening hours per week on weekends.
9-17	(d) The department shall post a list of all locations where zip ties may be purchased on its
9-18	website, including the hours when zip ties may be purchased. The department shall retain an
9-19	archived list of all locations that were posted to its website on each date for each zip code for at
9-20	least ninety (90) days.
9-21	(e) Persons purchasing zip ties shall not be subject to surveillance by video cameras or
9-22	still photography.
9-23	(f) Each purchaser of a zip tie shall be required to provide his or her date of birth and to
9-24	attest that he or she is a resident of Rhode Island.
9-25	(g) The department and the vendor or machine may not require the applicant to disclose
9-26	any additional identifying information to obtain a zip tie, including names, social security
9-27	numbers, or addresses.
9-28	(h) Each zip tie shall include a random identification number and an expiration date,
9-29	which shall be one year after it is issued.
9-30	(i) Within one hundred twenty (120) days of the effective date of this chapter, the
9-31	department shall establish a phone or Web-based verification system that is operational twenty-
9-32	four (24) hours each day, which law enforcement personnel can use to verify registry
9-33	identification zip ties. The verification system must allow law enforcement personnel to enter a
9-34	registry identification number to determine whether or not the number corresponds with an
10-1	identification zip tie that has not expired.
10-2	21-28.6.1-7. Activities not exempt.-- The provisions of this chapter do not exempt any
10-3	person from arrest, civil or criminal penalty, seizure or forfeiture of assets, discipline by any state
10-4	or local licensing board, and state prosecution for, nor may he or she establish an affirmative
10-5	defense based on this chapter to charges arising from, any of the following acts:
10-6	(1) Driving, operating, or being in actual physical control of a vehicle or a vessel under
10-7	power or sail while impaired by marijuana;
10-8	(2) Possessing marijuana if the person is a prisoner; or
10-9	(3) Possessing marijuana or possessing drug paraphernalia if the possession of the
10-10	marijuana or drug paraphernalia is discovered because the person engaged or assisted in the use
10-11	of marijuana in:
10-12	(i) Any local detention facility, county jail, state prison, reformatory, or other correctional
10-13	facility, including, without limitation, any facility for the detention of juvenile offenders; or
10-14	(ii) Any preschool, elementary school, junior high school, or high school.
10-15	21-28.6.1-8. Smoking marijuana shall be prohibited in all public places.--
10-16	(a) A person who smokes marijuana in such an indoor public place shall be guilty of a
10-17	petty misdemeanor, and may be punished as follows:
10-18	(1) By a fine of not more than two hundred fifty dollars ($250), imprisonment for a term
10-19	not exceeding ten (10) days, or both for the first violation;
10-20	(2) By a fine of not more than five hundred dollars ($500), imprisonment for a term not
10-21	exceeding thirty (30) days, or both, for the second or subsequent violation.
10-22	(b) A person who smokes marijuana in an outdoor public place shall be liable for a civil
10-23	penalty of one hundred fifty dollars ($150).
10-24	(c) Municipalities may impose additional fines equivalent to state fines for the
10-25	consumption of alcohol in an outdoor public place.
10-26	21-28.6.1-9. Places of employment. -- The provisions of this chapter do not require
10-27	employers to accommodate the use or possession of marijuana, or being under the influence of
10-28	marijuana, in a place of employment.
10-29	21-28.6.1-10. Rental premises. -- The provisions of this chapter do not prevent a
10-30	landlord from prohibiting the cultivation of marijuana on the rental premises.
10-31	21-28.6.1-11. Hotels and motels. -- A landlord or innkeeper may prohibit the smoking of
10-32	marijuana on the rented property or rooms if the landlord or innkeeper posts a notice.
10-33	21-28.6.1-12. False age representation.-- Any person who falsely represents himself or
10-34	herself to be twenty-one (21) years of age or older in order to obtain any marijuana or marijuana
11-1	paraphernalia pursuant to this chapter is guilty of a misdemeanor.
11-2	21-28.6.1-13. Expungement. -- This chapter shall, by operation of law, expunge the
11-3	conviction of anyone previously convicted of possession of one ounce (1 oz.) or less of marijuana
11-4	or possession of marijuana paraphernalia, provided that person was twenty-one (21) years of age
11-5	or older at the time of conviction.
11-6	21-28.6.1-14. Medical Use. -- Nothing contained herein shall be construed to repeal or
11-7	modify any law concerning the medical use of marijuana or tetrahydrocannabinol in other forms,
11-8	such as Marinol.
11-9	SECTION 2. TITLE 21 of the General Laws entitled “FOOD & DRUGS” is hereby
11-10	amended by adding thereto the following chapter:
11-11	CHAPTER 21-28.6.2
11-12	TAXATION & REGULATION OF MARIJUANA
11-13	21-28.6.2-1. Definitions.-- As used in this chapter:
11-14	(1) “Marijuana” means all parts of the plant cannabis sativa L., whether growing or not;
11-15	the seeds thereof; the resin extracted from any part of the plant; and every compound,
11-16	manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. It does not
11-17	include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the
11-18	seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of
11-19	the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of
11-20	the plant that is incapable of germination.
11-21	(2) “Retailer” means an entity that is either:
11-22	(i) Registered pursuant to sections 21-28.6.2 and 44-49-17 of the general laws, to be
11-23	exempt from state penalties for purchasing marijuana from a wholesaler and selling marijuana
11-24	and marijuana paraphernalia to customers who are twenty-one years (21) years of age or older; or
11-25	(ii) Exempt from state penalties under Rhode Island general law section 21-28.6.2-2 due
11-26	to the department not issuing registrations.
11-27	(3) “Safety compliance facility” means an entity that is either:
11-28	(i) Registered pursuant to sections 21-28.6.2 and 44-49-17 of the general laws, to be
11-29	exempt from state penalties for providing one or both of the following services:
11-30	(ii) Training, including that related to cultivation of marijuana, safe handling of
11-31	marijuana, and security and inventory procedures; or testing marijuana for potency and
11-32	contaminants; or
11-33	(iii) Exempt from state penalties under Rhode Island general law section 21-28.6.2-4 due
11-34	to the department not issuing registrations.
12-1	(4) “Wholesaler” means an entity that is either:
12-2	(i) Registered pursuant to sections 21-28.6.2 and 44-49-17 of the general laws, to be
12-3	exempt from state penalties for cultivating, preparing, packaging, and selling marijuana to a
12-4	retailer or another wholesaler, but not selling marijuana to the general public; or
12-5	(ii) Exempt from state penalties under Rhode Island general law section 21-28.6.2-3 due
12-6	to the department not issuing registrations.
12-7	21-28.6.2-2. Retailer registration. -- Except as otherwise provided in Rhode Island
12-8	general law section 21-28.6.2-5 of this chapter:
12-9	(1) A person or an entity may apply, in accordance with the provisions of this chapter and
12-10	the regulations adopted pursuant thereto, for the issuance of a registration exempting the entity
12-11	from state prosecution and penalties for operating as a retailer pursuant to the provisions of this
12-12	chapter.
12-13	(2) Each applicant for a retailer registration shall submit application materials required by
12-14	the department and a non-refundable fee in an amount determined by the department, not to
12-15	exceed five thousand dollars ($5,000).
12-16	(3) By one year after the effective date of this chapter, the department shall have issued at
12-17	least one retailer registration per county. By two (2) years after the effective date of this chapter,
12-18	the department shall have issued a number of retailer registrations that are no fewer than one valid
12-19	and outstanding retailer registration for every twenty-five thousand (25,000) residents of the
12-20	county, per county, provided a sufficient number of qualified applicants exist. If more qualifying
12-21	applicants apply than the department will register, the department shall implement a competitive
12-22	scoring process to determine to which applicants to grant registrations, which may be varied for
12-23	geographic distribution. The scoring system shall take into account the applicant and managing
12-24	officers’ applicable experience, training, and expertise; the applicant’s plan for security and
12-25	diversion prevention; any criminal, civil, or regulatory issues encountered by other entities the
12-26	applicant and managing officers have controlled or managed; and the suitability of the proposed
12-27	location.
12-28	(4) If at any time after two (2) years after the effective date of this chapter, there are
12-29	fewer than one valid and outstanding retailer registration for every twenty-five thousand (25,000)
12-30	residents of the county, per county, the department shall accept and process applications for
12-31	retailer registrations.
12-32	(5) The fee for the initial issuance of a registration as a retailer is ten thousand dollars
12-33	($10,000).
13-34	(6) A registration as a retailer may be renewed annually for a five thousand dollar
13-35	($5,000) fee. The renewal application may be submitted up to one hundred twenty (120) days
13-36	before the expiration of the retailer registration. If the department fails to approve a valid renewal
13-37	application, it shall be deemed granted sixty (60) days after its submission.
13-38	(7) If at any time beginning eighteen (18) months after the effective date of this chapter,
13-39	the department has failed to begin issuing retailer registrations or has ceased issuing retailer
13-40	registrations or renewals as required by this chapter, a retail registration shall not be required to
13-41	operate as a retailer for any person or entity that operates in a location zoned for retail use that
13-42	satisfies the requirements set forth in this chapter and any regulations adopted pursuant to the
13-43	chapter.
13-44	21-28.6.2-3. Wholesaler registration.-- Except as otherwise provided in Rhode Island
13-45	general laws section 21-28.6.2-5 of this chapter:
13-46	(1) An entity may apply, in accordance with the provisions of this chapter and the
13-47	regulations adopted pursuant thereto, for the issuance of a registration exempting the entity from
13-48	state prosecution and penalties for operating as a wholesaler pursuant to the provisions of this
13-49	chapter.
13-50	(2) Each applicant for a wholesaler registration shall submit application materials
13-51	required by the department and a non-refundable fee in an amount determined by the department,
13-52	not to exceed five thousand dollars ($5,000).
13-53	(3) By three hundred (300) days after the effective date of this chapter, the department
13-54	shall have issued at least five (5) wholesaler registrations, provided that qualified applicants exist.
13-55	By two (2) years after the effective date of this chapter, the department shall have issued at least
13-56	ten (10) wholesaler registrations. If more qualifying applicants apply than the department will
13-57	register, the department shall implement a competitive scoring process to determine to which
13-58	applicants to grant registrations, which may be varied for geographic distribution. The scoring
13-59	system shall take into account the applicant and managing officers’ applicable experience,
13-60	training, and expertise; the applicant’s plan for security and diversion prevention; any criminal,
13-61	civil, or regulatory issues encountered by other entities the applicant and managing officers have
13-62	controlled or managed; and the suitability of the proposed location.
13-63	(4) If at any time after two (2) years after the effective date of this chapter, there are
13-64	fewer valid wholesaler registrations than specified in subdivision (3), the department shall accept
13-65	and process applications for wholesaler registrations. In addition, the department may, at its
13-66	discretion, grant additional wholesaler registrations.
13-67	(5) The fee for the initial issuance of a registration as a wholesaler is ten thousand dollars
13-68	($10,000).
14-1	(6) A registration as a wholesaler may be renewed annually for a five thousand ($5,000)
14-2	dollar fee. The renewal application may be submitted up to one hundred twenty (120) days before
14-3	the expiration of the wholesaler registration. If the department fails to approve a valid renewal
14-4	application, it shall be deemed granted sixty (60) days after its submission.
14-5	(7) If at any time beginning eighteen (18) months after the effective date of this chapter,
14-6	the department has failed to begin issuing wholesaler registrations or has ceased issuing
14-7	wholesaler registrations in accordance with this chapter, a wholesaler registration shall not be
14-8	required to operate as a wholesaler for any person or entity that operates in a location zoned for
14-9	agricultural or industrial use that satisfies the requirements set forth in this chapter and any
14-10	regulations adopted pursuant to the chapter.
14-11	21-28.6.2-4. Safety compliance facility registration.-- Except as otherwise provided in
14-12	Rhode Island general law section 21-28.6.2-5 of this chapter:
14-13	(1) An entity may apply, in accordance with the provisions of this chapter and the
14-14	regulations adopted pursuant thereto, for the issuance of a registration exempting the entity from
14-15	state prosecution and penalties for operating as a safety compliance facility pursuant to the
14-16	provisions of this chapter.
14-17	(2) Each applicant for a safety compliance facility registration shall submit application
14-18	materials required by the department and a non-refundable fee in an amount determined by the
14-19	department, not to exceed five thousand dollars ($5,000).
14-20	(3) If a qualified applicant exists, the department shall grant a two (2) year registration to
14-21	at least two (2) safety compliance facilities within one year of the effective date of this chapter,
14-22	provided that each facility pays a five thousand dollar ($5,000) fee. If more qualifying applicants
14-23	apply than the department will register, the department shall implement a competitive scoring
14-24	process to determine to which applicants to grant registrations, which may be varied for
14-25	geographic distribution. The scoring system shall take into account the applicant and managing
14-26	officers’ applicable experience, training, and expertise; the applicant’s plan for security and
14-27	diversion prevention; any criminal, civil, or regulatory issues encountered by other entities the
14-28	applicant and managing officers controlled or managed; the applicant’s plan for services; and the
14-29	suitability of the proposed location.
14-30	(4) If at any time after two (2) years after the effective date of this chapter, there are
14-31	fewer than two (2) valid safety compliance facility registrations, the department shall accept and
14-32	process applications for safety compliance facility registrations. In addition, the department may,
14-33	at its discretion, grant additional safety compliance facility registrations.
15-34	(5) A safety compliance facility registration may be renewed biennially for a five
15-35	thousand dollar ($5,000) fee. The renewal application may be submitted up to one hundred
15-36	twenty (120) days before the expiration of the registration. If the department fails to approve a
15-37	valid renewal application, it shall be deemed granted sixty (60) days after its submission.
15-38	21-28.6.2-5. Ineligibility for registration. -- A retailer, wholesaler, or safety compliance
15-39	facility may not operate, and a prospective retailer, wholesaler, or safety compliance facility may
15-40	not apply for a registration if any of the following are true:
15-41	(1) The entity would be located within five hundred feet (500’) of the property line of a
15-42	pre-existing public school, private school, or structure used primarily for religious services or
15-43	worship; or
15-44	(2) The entity sells intoxicating liquor for consumption on the premises.
15-45	21-28.6.2-6. Municipalities. -- Nothing shall prohibit municipalities from enacting
15-46	ordinances or regulations not in conflict with this section or with department rules regulating the
15-47	time, place, and manner of wholesaler, retailer, or safety compliance facility operations, provided
15-48	that no local government may prohibit wholesaler, retailer, or safety compliance facility operation
15-49	altogether, either expressly or though the enactment of ordinances or regulations which make
15-50	wholesaler, retailer, or safety compliance facility operation impracticable.
15-51	21-28.6.2-7. Advertising. -- No retailer, wholesaler, or other person may advertise the
15-52	sale of marijuana in a manner contrary to the regulations established by the department.
15-53	21-28.6.2-8. Retailer safety insert. -- A retailer shall:
15-54	(1) Include a safety insert with all marijuana sold. The safety insert may, at the
15-55	department’s discretion, be developed and approved by the department and include, but not be
15-56	limited to, information on:
15-57	(i) Methods for administering marijuana;
15-58	(ii) Any potential dangers stemming from the use of marijuana; and
15-59	(iii) How to recognize what may be problematic usage of marijuana and obtain
15-60	appropriate services or treatment for problematic usage.
15-61	(2) Sell marijuana in its original wholesaler packaging without making any changes or
15-62	repackaging.
15-63	21-28.6.2-9. Warning label by wholesaler or safety compliance facility.-- A
15-64	wholesaler must create a unique package and label for its marijuana identifying itself as the
15-65	producer. The packaging shall include:
15-66	(1) The name or registration number of the wholesaler.
15-67	(2) If a safety compliance facility is operational, the potency of the marijuana, as
15-68	determined by testing by a safety compliance facility, represented by the percentage of
16-1	tetrahydrocannabinol by mass.
16-2	(3) A “produced on” date which reflects the date that the wholesaler finished drying and
16-3	processing the marijuana and placed it in its packaging.
16-4	(4) Warnings that state: “Consumption of marijuana impairs your ability to drive a car or
16-5	operate machinery,” “Keep away from children,” and “Possession of marijuana is illegal outside
16-6	of Rhode Island and under federal law,” unless federal or state laws have changed.
16-7	21-28.6.2-10. Wholesale cultivation facilities.-- All marijuana cultivated by wholesalers
16-8	shall be cultivated only in one or more enclosed, locked facilities, each of which must have been
16-9	registered with the department, unless the department has ceased issuing or failed to begin issuing
16-10	registrations. An “enclosed, locked facility” may include a building, room, greenhouse, fully
16-11	enclosed fenced-in area, or other location enclosed on all sides and equipped with locks or other
16-12	security devices that permit access only by:
16-13	(1) Employees, agents, or owners of the wholesaler, all of whom must be twenty-one (21)
16-14	years of age or older;
16-15	(2) Government employees performing their official duties;
16-16	(3) Contractors performing labor that does not include marijuana cultivation, packaging,
16-17	or processing; contractors must be accompanied by an employee, agent, or owner of the
16-18	wholesaler when they are in areas where marijuana is being grown or stored; or
16-19	(4) Members of the media, elected officials, and other individuals over the age of twenty-
16-20	one (21) touring the facility, if they are accompanied by an employee, agent, or owner of the
16-21	wholesaler.
16-22	21-28.6.2-11.Transportation of marijuana.-- A wholesaler or any person who is acting
16-23	in his or her capacity as an owner, employee, or agent of a wholesaler must have documentation
16-24	when transporting marijuana on behalf of the wholesaler that specifies the amount of marijuana
16-25	being transported, the registry identification number of the wholesaler, the date the marijuana is
16-26	being transported, and the registry identification number of the intended retailer, other
16-27	wholesaler, or safety compliance facility. If the retailer or wholesaler does not have a registration
16-28	number because the department has ceased issuing registry identification certificates or has failed
16-29	to begin issuing registry identification certificates, the retailer or wholesaler may instead use a
16-30	number of its choosing that it consistently uses on documentation in place of a registry
16-31	identification number.
16-32	21-28.6.2-12. Retailer Violations.-- (a) A retailer shall not:
16-33	(1) Sell, give, or otherwise furnish marijuana or marijuana paraphernalia to any person
16-34	who is under twenty-one (21) years of age;
17-1	(2) Allow any person who is under twenty-one (21) years of age to be present inside any
17-2	room where marijuana is stored or sold by the retailer unless the person who is under twenty-one
17-3	(21) years of age is a government employee performing his or her official duties, an elected
17-4	official, a member of the media, or a contractor performing labor that does not include marijuana
17-5	cultivation, packaging, or processing;
17-6	(3) Sell, give, or otherwise furnish more than one ounce (1 oz.) of marijuana or more than
17-7	three (3) seedlings or cuttings of marijuana to a person in a single transaction;
17-8	(4) Knowingly and willfully sell, give, or otherwise furnish an amount of marijuana to a
17-9	person that would cause that person to possess more than one ounce (1 oz.) of marijuana or more
17-10	than three (3) marijuana plants, seedlings, or clones;
17-11	(5) Purchase marijuana, other than marijuana seeds, from any person other than a
17-12	wholesaler;
17-13	(6) Violate regulations issued by the department;
17-14	(b) In addition to any other penalty provided pursuant to specific statutes, a retailer who
17-15	violates this section is guilty of a misdemeanor and shall be punished by a fine of not more than
17-16	one thousand dollars ($1,000).
17-17	(c) Except as otherwise provided in this subsection, in a prosecution for a violation of
17-18	Rhode Island general law section 21-28.6.2-12, it is a complete defense that before allowing a
17-19	person who is under twenty-one (21) years of age into the room where marijuana is sold or stored,
17-20	a staff member for the retailer was shown a document which appeared to be issued by an agency
17-21	of a federal, state, tribal, or foreign sovereign government and which indicated that the person
17-22	who was allowed onto the premises of the retailer was twenty-one (21) years of age or older at the
17-23	time the person was allowed onto the premises of the retailer. The complete defense set forth in
17-24	this subsection does not apply if:
17-25	(1) The document which was shown to the person who allowed the person who is under
17-26	twenty-one (21) years of age onto the premises of the retailer was counterfeit, forged, altered, or
17-27	issued to a person other than the person who was allowed onto the premises of the retailer; and
17-28	(2) Under the circumstances, a reasonable person would have known or suspected that the
17-29	document was counterfeit, forged, altered, or issued to a person other than the person who was
17-30	allowed onto the premises.
17-31	(d) As used in this section, “marijuana paraphernalia” means equipment, products, and
17-32	materials which are used or intended for use in planting, propagating, cultivating, growing,
17-33	harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing,
17-34	analyzing, packaging, repackaging, storing, containing, concealing, ingesting, inhaling, or
18-1	otherwise introducing marijuana into the human body.
18-2	21-28.6.2-13. Wholesaler violations.-- (a) A wholesaler shall not:
18-3	(1) Allow any person who is under twenty-one (21) years of age to be present on the
18-4	premises of any of its enclosed, locked facilities where marijuana is cultivated or in any room
18-5	where the wholesaler stores or processes marijuana unless the person is a department employee or
18-6	public safety officer performing his or her duties, an elected official, a member of the media, or a
18-7	contractor performing labor unrelated to marijuana cultivation, packaging, or processing;
18-8	(2) Sell, give, or otherwise furnish marijuana to any person other than a retailer,
18-9	wholesaler, safety compliance facility, or a staff member acting on behalf of a retailer,
18-10	wholesaler, or safety compliance facility;
18-11	(3) Purchase marijuana, other than marijuana seeds, from any person other than a
18-12	wholesaler; or
18-13	(4) Purchase or sell, give, or otherwise furnish marijuana in any manner other than as is
18-14	exempted from state penalties pursuant to the provisions of this chapter and any regulations
18-15	adopted pursuant thereto.
18-16	(b) In addition to any other penalty provided pursuant to specific statutes, a person who
18-17	violates this section is guilty of a misdemeanor and shall be punished by a fine of not more than
18-18	one thousand dollars ($1,000).
18-19	(c) Except as otherwise provided in this subsection, in a prosecution for a violation of
18-20	Rhode Island general law section 21-28.6.2-13, it is a complete defense that before allowing the
18-21	person who is under twenty-one (21) years of age onto the premises, a staff member of the
18-22	wholesaler was shown a document which appeared to be issued by an agency of a federal, state,
18-23	tribal, or foreign sovereign government and which indicated that the person who was allowed
18-24	onto the premises of the wholesaler was twenty-one (21) years of age or older at the time the
18-25	person was allowed onto the premises of the wholesaler. The complete defense set forth in this
18-26	subsection does not apply if:
18-27	(1) The document which was shown to the person who allowed the person who is under
18-28	twenty-one (21) years of age onto the premises of the wholesaler was counterfeit, forged, altered,
18-29	or issued to a person other than the person who was allowed onto the premises of the wholesaler;
18-30	and
18-31	(2) Under the circumstances, a reasonable person would have known or suspected that the
18-32	document was counterfeit, forged, altered, or issued to a person other than the person who was
18-33	allowed onto the premises.
19-34	21-28.6.2-14. Suspension or termination of registration.-- (a) The department may
19-35	suspend or terminate the registration of a retailer, wholesaler, or safety compliance facility that
19-36	commits multiple or serious violations of this chapter or reasonable regulations issued pursuant to
19-37	it.
19-38	(b) If the department has ceased issuing registrations or has not begun issuing
19-39	registrations, and a retailer, wholesaler, or safety compliance facility lacks a registration as a
19-40	result, any city or town where the retailer, wholesaler, or safety compliance facility is operating
19-41	may file for an injunction in district court if the retailer has committed multiple or serious
19-42	violations of this act or regulations issued pursuant to it.
19-43	21-28.6.2-15. Excise tax.-- An excise tax is hereby levied upon wholesalers and must be
19-44	collected respecting all marijuana sold to retailers at the rate of either fifty dollars ($50) per ounce
19-45	or proportionate part thereof, or an amount that the department may set that adjusts the initial fifty
19-46	dollars ($50) per ounce rate for inflation or deflation based on the consumer price index.
19-47	21-28.6.2-16. Distribution of funds.-- The department shall apportion the money
19-48	remitted to the department from registration fees and taxes collected pursuant to this chapter in
19-49	the following manner:
19-50	(1) The department shall retain sufficient money to defray the entire cost of
19-51	administration of this chapter.
19-52	(2) After retaining sufficient money to defray the entire cost of administration of this
19-53	chapter pursuant to subdivision (1), the department shall remit the remaining money to the Rhode
19-54	Island general fund, forty percent (40%) of which must be distributed to the Rhode Island
19-55	department of health for use in voluntary programs for the prevention or treatment of the abuse of
19-56	alcohol, tobacco, or controlled substances, and ten percent (10%) of which must be spent on
19-57	clinical research into the medical efficacy of marijuana.
19-58	21-28.6.2-17. Department regulations.-- (a) The department is responsible for
19-59	administering and carrying out the provisions of this chapter.
19-60	(b) The department may adopt regulations that are necessary and convenient to
19-61	administer and carry out the provisions of this chapter.
19-62	(c) The department shall adopt regulations that:
19-63	(1) Set forth the procedures for the application for and issuance of registrations to
19-64	retailers, wholesalers, and safety compliance testing facilities, including the content and form for
19-65	an application to be registered as a retailer, wholesaler, or safety compliance facility;
19-66	(2) Specify the procedures for the collection of taxes levied pursuant to this chapter;
19-67	(3) Specify the content, form, and timing of reports which must be completed by each
19-68	retailer, wholesaler, and safety compliance facility and which must be available for inspection by
20-1	the department. The reports shall include information on sales, expenses, inventory, and taxes and
20-2	shall be retained for at least one year after the completion of the forms;
20-3	(4) Specify the requirements for the packaging and labeling of marijuana, including those
20-4	in Rhode Island general law section 21-28.6.2-9;
20-5	(5) Specify the requirements for the safety insert to be included with marijuana by
20-6	retailers, including those in Rhode Island general law section 21-28.6.2-8, if the department
20-7	chooses to do so;
20-8	(6) Establish reasonable security requirements for wholesalers and retailers;
20-9	(7) Require the posting or display of the registration of a retailer, wholesaler, or safety
20-10	compliance facility;
20-11	(8) Establish restrictions on advertising for the sale of marijuana, which shall be in
20-12	compliance with the United States Constitution and the Rhode Island Constitution. These
20-13	restrictions may not prevent appropriate signs on the property of the retailer or wholesaler,
20-14	listings in business directories including phone books, listings in publications focused on
20-15	marijuana, or the sponsorship of health or not-for-profit charity or advocacy events;
20-16	(9) Establish procedures for inspecting and auditing the records or premises of a retailer,
20-17	wholesaler, or safety compliance facility;
20-18	(10) Set a schedule of civil fines for violations of this chapter and regulations issued
20-19	pursuant to the chapter;
20-20	(11) Set forth the procedures for hearings on civil fines and suspensions and revocation of
20-21	a registration as a retailer, wholesaler, or safety compliance facility for a violation of any
20-22	provision of this chapter or the regulations adopted pursuant to this chapter;
20-23	(12) Establish reasonable environmental controls to ensure that any registered
20-24	wholesalers, retailers, and safety compliance facilities minimize any harm to the environment,
20-25	adjoining and nearby landowners, and persons passing by. This may include restrictions on the
20-26	use of pesticides;
20-27	(13) Establish rules requiring wholesalers and retailers to create identification cards for
20-28	their employees and providing for the contents of the identification cards; and
20-29	(14) Establish rules for the safe transportation of marijuana.
20-30	(d) The department shall make available free of charge all forms for applications and
20-31	reports.
20-32	(e) The department shall issue all registrations as required by chapter 21-28.6.2 and
20-33	Rhode Island general law section 44-49-17.
21-34	(f) Except as provided in this subsection, the department shall keep the name and address
21-35	of each wholesaler, retailer, and safety compliance facility and each owner, employee, or agent of
21-36	a wholesaler, retailer, and safety compliance facility confidential and refuse to disclose this
21-37	information to any individual or public or private entity, except as necessary for authorized
21-38	employees of the department to perform official duties of the department pursuant to this chapter.
21-39	The department may confirm to a state or local law enforcement officer that a retailer, wholesaler,
21-40	or safety compliance facility holds a valid registration if the law enforcement officer inquires
21-41	about the specific location or entity.
21-42	21-28.6.2-18. Failure of department to adopt regulations.-- (a) The department shall
21-43	adopt regulations to implement this chapter and shall begin accepting applications for retailers,
21-44	wholesalers, and safety compliance facilities within one hundred eighty (180) days of the
21-45	effective date of this chapter.
21-46	(b) If the department fails to adopt regulations to implement this chapter and begins
21-47	processing applications for retailers and wholesalers within one hundred eighty (180) days of the
21-48	effective date of this chapter, any citizen may commence an action in a court of competent
21-49	jurisdiction to compel the department to perform the actions mandated pursuant to the provisions
21-50	of this chapter.
21-51	21-28.6.2-19. Advisory committee.-- (a) The governor shall appoint a twelve (12)
21-52	member advisory committee comprised of: one member of the House of Representatives; one
21-53	member of the Senate; one representative of the department; one physician with experience in
21-54	medical marijuana issues; one economist; one board member or principal officer of a registered
21-55	safety compliance facility; one individual with experience in policy development or
21-56	implementation in the field of marijuana policy; one public health professional; one sociologist;
21-57	one attorney familiar with first amendment law; one expert in criminal justice; and one
21-58	researcher.
21-59	(b) The advisory committee shall meet at least two (2) times per year for the purpose of
21-60	collecting information, evaluating the effects of this chapter, and making recommendations to the
21-61	department, including:
21-62	(1) The content of safety inserts;
21-63	(2) Whether additional warning labels should be added;
21-64	(3) Strategies for educating physicians and the public about research relating to
21-65	marijuana’s benefits and risks;
21-66	(4) Any effect on organized crime in the state;
21-67	(5) Quality control and labeling standards;
22-68	(6) Recommendations on restrictions on advertising;
22-69	(7) Recommendations for reporting and data monitoring related to beneficial and adverse
22-70	effects of marijuana; and
22-71	(8) An update on the latest research related to driving under the influence of marijuana,
22-72	along with recommendations regarding policies for roadside sobriety tests and any recommended
22-73	changes to driving under the influence statutes.
22-74	(c) The department shall submit to the legislature an annual report by the first Thursday
22-75	of every year, which shall include:
22-76	(1) The direct revenue and costs related to implementing this chapter, including revenue
22-77	from taxes, fines, and fees;
22-78	(2) The number of registrations suspended and revoked, and the nature of revocations;
22-79	(3) The number of zip ties sold annually; and
22-80	(4) The findings of the oversight committee.
22-81	SECTION 3. Sections 21-28-4.01, 21-28-4.01.1, 21-28-4.01.2, 21-28-4.11 and 21-28-
22-82	4.14 of the General Laws in Chapter 21-28 entitled “Uniform Controlled Substances Act” are
22-83	hereby amended to read as follows:
22-84	21-28-4.01. Prohibited acts A – Penalties. -- (a)(1) Except as authorized by this chapter,
22-85	or as exempted from criminal penalties pursuant to chapters 21-28.6.1, 21-28.6.2 or 44-49-17, it
22-86	shall be unlawful for any person to manufacture, deliver, or possess with intent to manufacture or
22-87	deliver a controlled substance.
22-88	(2) Any person who is not a drug addicted person, as defined in § 21-28-1.02(18), who
22-89	violates this subsection with respect to a controlled substance classified in schedule I or II, except
22-90	the substance classified as marijuana, is guilty of a crime and upon conviction may be imprisoned
22-91	to a term up to life, or fined not more than five hundred thousand dollars ($500,000) nor less than
22-92	ten thousand dollars ($10,000), or both.
22-93	(3) Where the deliverance as prohibited in this subsection shall be the proximate cause
22-94	of death to the person to whom the controlled substance is delivered, it shall not be a defense that
22-95	the person delivering the substance was at the time of delivery, a drug addicted person as defined
22-96	in § 21-28-1.02(18).
22-97	(4) Any person, except as provided for in subdivision (2) of this subsection, who
22-98	violates this subsection with respect to:
22-99	(i) A controlled substance classified in schedule I or II, except the substance classified
22-100	as marijuana, is guilty of a crime and upon conviction may be imprisoned for not more than thirty
22-101	(30) years, or fined not more than one hundred thousand dollars ($100,000) nor less than three
22-102	thousand dollars ($3,000), or both;
23-1	(ii) The manufacture of three (3) or fewer marijuana plants by a person under twenty-one
23-2	(21) years of age, is guilty of a crime and upon conviction may be imprisoned for not more than
23-3	five (5) years, or fined not more than three thousand dollars ($3,000), or both.
23-4	(iii) The manufacture of four (4) or more marijuana plants, is guilty of a crime and upon
23-5	conviction may be imprisoned for not more than ten (10) years, or fined not more than one
23-6	hundred thousand dollars ($100,000), nor less than one thousand dollars ($1,000), or both.
23-7	(iv) The delivery of marijuana, is guilty of a crime and upon conviction maybe
23-8	imprisoned for not more than ten (10) years, or fined not more than one hundred thousand dollars
23-9	($100,000) nor less than one thousand dollars ($1,000), or both.
23-10	~~(ii)~~(v) A controlled substance classified in schedule III or IV, is guilty of a crime and
23-11	upon conviction may be imprisoned for not more than twenty (20) years, or fined not more than
23-12	forty thousand dollars ($40,000), or both; provided, with respect to a controlled substance
23-13	classified in schedule III(d), upon conviction may be imprisoned for not more than five (5) years,
23-14	or fined not more than twenty thousand dollars ($20,000), or both.
23-15	~~(iii)~~(vi) A controlled substance classified in schedule V, is guilty of a crime and upon
23-16	conviction may be imprisoned for not more than one year, or fined not more than ten thousand
23-17	dollars ($10,000), or both.
23-18	(b)(1) Except as authorized by this chapter, it is unlawful for any person to create,
23-19	deliver, or possess with intent to deliver, a counterfeit substance.
23-20	(2) Any person who violates this subsection with respect to:
23-21	(i) A counterfeit substance classified in schedule I or II, is guilty of a crime and upon
23-22	conviction may be imprisoned for not more than thirty (30) years, or fined not more than one
23-23	hundred thousand dollars ($100,000), or both;
23-24	(ii) A counterfeit substance classified in schedule III or IV, is guilty of a crime and
23-25	upon conviction may be imprisoned for not more than twenty (20) years, or fined not more than
23-26	forty thousand dollars ($40,000), or both; provided, with respect to a controlled substance
23-27	classified in schedule III(d), upon conviction may be imprisoned for not more than five (5) years,
23-28	or fined not more than twenty thousand dollars ($20,000) or both.
23-29	(iii) A counterfeit substance classified in schedule V, is guilty of a crime and upon
23-30	conviction may be imprisoned for not more than one year, or fined not more than ten thousand
23-31	dollars ($10,000), or both.
23-32	(c)(1) It shall be unlawful for any person knowingly or intentionally to possess a
23-33	controlled substance, unless the substance was obtained directly from or pursuant to a valid
23-34	prescription or order of a practitioner while acting in the course of his or her professional
24-1	practice, or except as otherwise authorized by this chapter or exempt from arrest by chapters 21-
24-2	28.6.1, 21-28.6.2, or 44-49-17.
24-3	(2) Any person who violates this subsection with respect to:
24-4	(i) A controlled substance classified in schedules I, II and III, IV, and V, except the
24-5	substance classified as marijuana, is guilty of a crime and upon conviction may be imprisoned for
24-6	not more than three (3) years or fined not less than five hundred dollars ($500) nor more than five
24-7	thousand dollars ($5,000), or both;
24-8	(ii) A More than one ounce (1 oz.) of a controlled substance classified in schedule I as
24-9	marijuana is guilty of a misdemeanor and upon conviction may be imprisoned for not more than
24-10	one year or fined not less than two hundred dollars ($200) nor more than five hundred dollars
24-11	($500), or both.
24-12	(iii) Notwithstanding any public, special, or general law to the contrary, the possession of
24-13	one ounce (1 oz.) or less of marijuana by a person who has reached the age of eighteen (18) but
24-14	who is less than twenty-one (21) years of age and who is not exempted from penalties pursuant to
24-15	chapter 21- 28.6 shall constitute a civil offense, rendering the offender liable to a civil penalty in
24-16	the amount of one hundred fifty dollars ($150) and forfeiture of the marijuana.
24-17	(iv) Notwithstanding any public special or general law to the contrary, the possession of
24-18	one ounce (1 oz.) or less of marijuana by a person who is under the age of eighteen (18) years of
24-19	age and who is not exempted from penalties pursuant to chapter 21-28.6 shall constitute a civil
24-20	offense, rendering the minor offender liable to a civil penalty in the amount of one hundred fifty
24-21	dollars ($150) and forfeiture of the marijuana, provided the minor offender completes an
24-22	approved drug awareness program and community service as determined by the court or hearing
24-23	board with jurisdiction. If the person under the age of eighteen (18) years of age fails to complete
24-24	an approved drug awareness program and community service within one year of the offense, the
24-25	penalty shall be a three hundred dollar ($300) civil fine and forfeiture of the marijuana, except
24-26	that if no drug awareness program or community service is available, the penalty shall be a civil
24-27	fine of one hundred fifty dollars ($150) and forfeiture of the marijuana. The parents or legal
24-28	guardian of any offender under the age of eighteen (18) shall be notified of the offense and the
24-29	availability of a drug awareness and community service program. The drug awareness program
24-30	must be approved by the court or juvenile hearing board having jurisdiction of the offense, but
24-31	shall, at a minimum, provide four (4) hours of instruction or group discussion and ten (10) hours
24-32	of community service. Notwithstanding any other public, special, or general law to the contrary,
24-33	this penalty shall apply whether the offense is a first or subsequent offense.
25-34	(v) Any unpaid civil fine issued under paragraphs 21-28-4.01(c)(2)(iii) or 21-28-
25-35	4.01(c)(2)(iv) shall double to three hundred dollars ($300) if not paid within thirty (30) days of
25-36	the offense. The civil fine shall double again to six hundred dollars ($600) if it has not been paid
25-37	within ninety (90) days.
25-38	(vi) No person may be arrested for a violation of paragraphs 21-28-4.01(c)(2)(iii) or 21-
25-39	28-4.01(c)(2)(iv) except as provided in this paragraph. Any person in possession of an
25-40	identification card, license, or other form of identification issued by the state or any state,
25-41	municipality, or any college or university, who fails to produce the same upon request of a police
25-42	officer who informs the person that he or she has been found in possession of what appears to the
25-43	officer to be one ounce (1 oz.) or less of marijuana, or any person without any such forms of
25-44	identification that fails or refuses to truthfully provide his or her name, address, and date of birth
25-45	to a police officer who has informed such person that the officer intends to provide such
25-46	individual with a citation for possession of one ounce (1 oz.) or less of marijuana, may be
25-47	arrested.
25-48	(vii) No violation of paragraphs 21-28-4.01(c)(2)(iii) or 21-28-4.01(c)(2)(iv) shall be
25-49	considered a violation of parole or probation.
25-50	(3) The money associated with the civil fine issued under paragraphs 21-28-4.01(c)(2)(iii)
25-51	or 21- 28-4.01(c)(2)(iv) shall be payable to the municipality in which the offense occurred. Fifty
25-52	percent (50%) of all fines collected in each municipality from civil penalties issued pursuant to
25-53	paragraphs 21-28-4.01(c)(2)(iii) or 21-28-4.01(c)(2)(iv) shall be expended on drug awareness and
25-54	treatment programs for youth. The general assembly encourages and authorizes municipalities to
25-55	work collaboratively to establish and maintain drug awareness programs.
25-56	~~(3)~~(4) Additionally every person convicted or who pleads nolo contendere under
25-57	paragraph (2)(i) of this subsection or convicted or who pleads nolo contendere a second or
25-58	subsequent time under paragraph (2)(ii) of this subsection, who is not sentenced to a term of
25-59	imprisonment to serve for the offense, shall be required to:
25-60	(i) Perform, up to one hundred (100) hours of community service;
25-61	(ii) Attend and complete a drug counseling and education program as prescribed by the
25-62	director of the department of mental health, retardation and hospitals and pay the sum of four
25-63	hundred dollars ($400) to help defray the costs of this program which shall be deposited as
25-64	general revenues. Failure to attend may result after hearing by the court in jail sentence up to one
25-65	year;
25-66	(iii) The court shall not suspend any part or all of the imposition of the fee required by
25-67	this subsection, unless the court finds an inability to pay;
26-68	(iv) If the offense involves the use of any automobile to transport the substance or the
26-69	substance is found within an automobile, then a person convicted or who pleads nolo contendere
26-70	under paragraphs (2)(i) and (ii) of this subsection shall be subject to a loss of license for a period
26-71	of six (6) months for a first offense and one year for each offense after this.
26-72	~~(4)~~(5) All fees assessed and collected pursuant to paragraph (3)(ii) of this subsection
26-73	shall be deposited as general revenues and shall be collected from the person convicted or who
26-74	pleads nolo contendere before any other fines authorized by this chapter.
26-75	(d) It shall be unlawful for any person to manufacture, distribute, or possess with intent
26-76	to manufacture or distribute, an imitation controlled substance. Any person who violates this
26-77	subsection is guilty of a crime, and upon conviction shall be subject to the same term of
26-78	imprisonment and/or fine as provided by this chapter for the manufacture or distribution of the
26-79	controlled substance which the particular imitation controlled substance forming the basis of the
26-80	prosecution was designed to resemble and/or represented to be; but in no case shall the
26-81	imprisonment be for more than five (5) years nor the fine for more than twenty thousand dollars
26-82	($20,000).
26-83	(e) It shall be unlawful for a practitioner to prescribe, order, distribute, supply, or sell an
26-84	anabolic steroid or human growth hormone for: (1) enhancing performance in an exercise, sport,
26-85	or game, or (2) hormonal manipulation intended to increase muscle mass, strength, or weight
26-86	without a medical necessity. Any person who violates this subsection is guilty of a misdemeanor
26-87	and upon conviction may be imprisoned for not more than six (6) months or a fine of not more
26-88	than one thousand dollars ($1,000), or both.
26-89	21-28-4.01.1. Minimum sentence – Certain quantities of controlled substances. -- (a)
26-90	Except as authorized by this chapter, it shall be unlawful for any person to manufacture, sell, or
26-91	possess with intent to manufacture, or sell, a controlled substance classified in schedules I or II
26-92	(excluding marijuana) or to possess or deliver the following enumerated quantities of certain
26-93	controlled substances:
26-94	(1) One ounce (1 oz.) to one kilogram (1 kg.) of a mixture or substance containing a
26-95	detectable amount of heroin;
26-96	(2) One ounce (1 oz.) to one kilogram (1 kg.) of a mixture or substance containing a
26-97	detectable amount of:
26-98	(i) Coca leaves, except coca leaves and extracts of coca leaves from which cocaine,
26-99	ecgonine, and derivatives of ecgonine or their salts have been removed;
26-100	(ii) Cocaine, its salts, optical and geometric isomers, and salts of isomers;
26-101	(iii) Ecgonine, its derivatives, their salts, isomers, and salts of isomers; or
27-102	(iv) Any compound, mixture, or preparation which contains any quantity of any of the
27-103	substances referred to in paragraphs (i) – (iii) of this subdivision;
27-104	(3) One gram (1 g.) to ten grams (10 gs.) of phencyclidine (PCP) or one hundred (100)
27-105	to one thousand (1,000) tablets of a mixture or substance containing a detectable amount of
27-106	phencyclidine (PCP); or
27-107	(4) One-tenth of a gram (0.1 g.) to one gram (1 g.) of lysergic acid diethylamide (LSD)
27-108	or one hundred (100) to one thousand (1,000) tablets of a mixture or substance containing a
27-109	detectable amount of lysergic acid diethylamide (LSD)~~; or~~.
27-110	~~(5) One kilogram (1 kg.) to five (5 kgs.) kilograms of a mixture containing a detectable~~
27-111	~~amount of marijuana.~~
27-112	(b) Any person who violates this section shall be guilty of a crime, and upon
27-113	conviction, may be imprisoned for a term up to fifty (50) years and fined not more than five
27-114	hundred thousand dollars ($500,000).
27-115	21-28-4.01.2. Minimum sentence – Certain quantities of controlled substances. -- (a)
27-116	Except as authorized by the chapter, it shall be unlawful for any person to possess, manufacture,
27-117	sell, or deliver the following enumerated quantities of certain controlled substances:
27-118	(1) More than one kilogram (1 kg.) of a mixture or substance containing a detectable
27-119	amount of heroin;
27-120	(2) More than one kilogram (1 kg.) of a mixture or substance containing a detectable
27-121	amount of
27-122	(i) Coca leaves, except coca leaves and extracts of coca leaves from which cocaine,
27-123	ecgonine, and derivatives of ecgonine or their salts have been removed;
27-124	(ii) Cocaine, its salts, optical and geometric isomers, and salts of isomers;
27-125	(iii) Ecgonine, its derivatives, their salts, isomers, and salts of isomers; or
27-126	(iv) Any compound, mixture, or preparation which contains any quantity of any of the
27-127	substances referred to in paragraphs (i) – (iii) of this subdivision;
27-128	(3) More than ten grams (10 gs.) of phencyclidine (PCP) or more than one thousand
27-129	(1,000) tablets of a mixture or substance containing a detectable amount of phencyclidine (PCP);
27-130	or
27-131	(4) More than one gram (1 g.) of lysergic acid diethylamide (LSD); or more than one
27-132	thousand (1,000) tablets of a mixture or substance containing a detectable amount of lysergic acid
27-133	diethylamide (LSD)~~; or~~.
27-134	~~(5) More than five kilograms (5 kgs.) of a mixture containing a detectable amount of~~
27-135	~~marijuana.~~
28-136	(b) Any person who violates this section shall be guilty of a crime, and upon
28-137	conviction, may be imprisoned for a term up to life and fined not more than one million dollars
28-138	($1,000,000).
28-139	21-28-4.11. Second offenses. -- (A) Any person convicted of a second offense under this
28-140	chapter, except for violations of paragraphs 21-28-4.01(c)(2)(iii) or 2l-28-4.01(c)(2)(iv), may be
28-141	imprisoned for a term up to twice the term authorized, fined an amount up to twice that
28-142	authorized, or both.
28-143	(B) For purposes of this section, an offense is considered a second offense if, prior to
28-144	his or her conviction of the offense, the offender has at any time been convicted under this
28-145	chapter, except for violations of paragraphs 21-28-4.01(c)(2)(iii) or 2l-28-4.01(c)(2)(iv), or under
28-146	any statute of the United States or of any state relating to narcotic drugs, marijuana, depressant,
28-147	stimulant, or hallucinogenic drugs.
28-148	21-28-4.14. Third or subsequent offenses. -- (a) Any person convicted of a third or
28-149	subsequent offense under this chapter, except for violations of paragraphs 21-28-4.01(c)(2)(iii) or
28-150	2l-28-4.01(c)(2)(iv), may be imprisoned for a term up to three (3) times the term authorized, and
28-151	fined an amount up to three (3) times that authorized by § 21-28-4.11, or both.
28-152	(b) For purposes of this section, an offense is considered a third or subsequent offense if, prior
28-153	to his or her conviction of the offense, the offender has at any time been convicted twice under
28-154	this chapter, except for violations of paragraphs 21-28-4.01(c)(2)(iii) or 2l-28-4.01(c)(2)(iv), or
28-155	twice under any statute of the United States or of any state, or any combination of them, relating
28-156	to narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic drug.
28-157	SECTION 4. Chapter 21-28 of the General Laws entitled “Uniform Controlled
28-158	Substances Act” is hereby amended by adding thereto the following section:
28-159	21-28-4.22. Marijuana exemption.-- The penalties provided for in this chapter do not
28-160	apply to those exempted from criminal penalties pursuant to sections 21-28.6.1, 21-28.6.2 and 44-
28-161	49-17.
28-162	SECTION 5. Sections 31-27-2 and 31-27-2.4 of the General Laws in chapter 31-27
28-163	entitled “Motor Vehicle Offenses” are hereby amended to read as follows:
28-164	31-27-2. Driving under influence of liquor or drugs. -- (a) Whoever drives or
28-165	otherwise operates any vehicle in the state while under the influence of any intoxicating liquor,
28-166	drugs, toluene, or any controlled substance as defined in chapter 28 of title 21, or any
28-167	combination of these, shall be guilty of a misdemeanor except as provided in subdivision (d)(3)
28-168	and shall be punished as provided in subsection (d) of this section.
28-169	(b)(1) Any person charged under subsection (a) of this section whose blood alcohol
28-170	concentration is eight one-hundredths of one percent (.08%) or more by weight as shown by a
29-1	chemical analysis of a blood, breath, or urine sample shall be guilty of violating subsection (a) of
29-2	this section. This provision shall not preclude a conviction based on other admissible evidence.
29-3	Proof of guilt under this section may also be based on evidence that the person charged was under
29-4	the influence of intoxicating liquor, drugs, toluene, or any controlled substance defined in chapter
29-5	28 of title 21, or any combination of these, to a degree which rendered the person incapable of
29-6	safely operating a vehicle. The fact that any person charged with violating this section is or has
29-7	been legally entitled to use alcohol or a drug shall not constitute a defense against any charge of
29-8	violating this section.
29-9	(2) Whoever drives or otherwise operates any vehicle in the state with a blood presence
29-10	of any scheduled controlled substance as defined within chapter 28 of title 21, as shown by
29-11	analysis of a blood or urine sample, shall be guilty of a misdemeanor and shall be punished as
29-12	provided in subsection (d) of this section. A person twenty-one (21) years of age or older or a
29-13	person exempt from criminal penalties for the medical use of marijuana pursuant to chapter 21-
29-14	28.6 of the general laws shall not be considered under the influence of marijuana solely because
29-15	of the presence of marijuana metabolites or components of marijuana unless the concentration of
29-16	components of marijuana is proven to be sufficient to cause impairment.
29-17	(c) In any criminal prosecution for a violation of subsection (a) of this section, evidence
29-18	as to the amount of intoxicating liquor, toluene, or any controlled substance as defined in chapter
29-19	28 of title 21, or any combination of these, in the defendant's blood at the time alleged as shown
29-20	by a chemical analysis of the defendant's breath, blood, or urine or other bodily substance shall be
29-21	admissible and competent, provided that evidence is presented that the following conditions have
29-22	been complied with:
29-23	(1) The defendant has consented to the taking of the test upon which the analysis is
29-24	made. Evidence that the defendant had refused to submit to the test shall not be admissible unless
29-25	the defendant elects to testify.
29-26	(2) A true copy of the report of the test result was mailed within seventy-two (72) hours
29-27	of the taking of the test to the person submitting to a breath test.
29-28	(3) Any person submitting to a chemical test of blood, urine, or other body fluids shall
29-29	have a true copy of the report of the test result mailed to him or her within thirty (30) days
29-30	following the taking of the test.
29-31	(4) The test was performed according to methods and with equipment approved by the
29-32	director of the department of health of the state of Rhode Island and by an authorized individual.
29-33	(5) Equipment used for the conduct of the tests by means of breath analysis had been
29-34	tested for accuracy within thirty (30) days preceding the test by personnel qualified as
30-1	hereinbefore provided, and breathalyzer operators shall be qualified and certified by the
30-2	department of health within three hundred sixty-five (365) days of the test.
30-3	(6) The person arrested and charged with operating a motor vehicle while under the
30-4	influence of intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of
30-5	title 21, or, any combination of these in violation of subsection (a) of this section was afforded the
30-6	opportunity to have an additional chemical test. The officer arresting or so charging the person
30-7	shall have informed the person of this right and afforded him or her a reasonable opportunity to
30-8	exercise this right, and a notation to this effect is made in the official records of the case in the
30-9	police department. Refusal to permit an additional chemical test shall render incompetent and
30-10	inadmissible in evidence the original report.
30-11	(d)(1) Every person found to have violated subdivision (b)(1) of this section shall be
30-12	sentenced as follows: for a first violation whose blood alcohol concentration is eight one-
30-13	hundredths of one percent (.08%) but less than one-tenth of one percent (.1%) by weight or who
30-14	has a blood presence of any scheduled controlled substance as defined in subdivision (b)(2) shall
30-15	be subject to a fine of not less than one hundred dollars ($100) nor more than three hundred
30-16	dollars ($300), shall be required to perform ten (10) to sixty (60) hours of public community
30-17	restitution, and/or shall be imprisoned for up to one year. The sentence may be served in any unit
30-18	of the adult correctional institutions in the discretion of the sentencing judge and/or shall be
30-19	required to attend a special course on driving while intoxicated or under the influence of a
30-20	controlled substance; provided, however, that the court may permit a servicemember or veteran to
30-21	complete any court-approved counseling program administered or approved by the Veterans'
30-22	Administration, and his or her driver's license shall be suspended for thirty (30) days up to one
30-23	hundred eighty (180) days.
30-24	~~(ii)~~(i) Every person convicted of a first violation whose blood alcohol concentration is
30-25	one-tenth of one percent (.1%) by weight or above but less than fifteen hundredths of one percent
30-26	(.15%) or whose blood alcohol concentration is unknown shall be subject to a fine of not less than
30-27	one hundred ($100) dollars nor more than four hundred dollars ($400) and shall be required to
30-28	perform ten (10) to sixty (60) hours of public community restitution and/or shall be imprisoned
30-29	for up to one year. The sentence may be served in any unit of the adult correctional institutions in
30-30	the discretion of the sentencing judge. The person's driving license shall be suspended for a
30-31	period of three (3) months to twelve (12) months. The sentencing judge shall require attendance
30-32	at a special course on driving while intoxicated or under the influence of a controlled substance
30-33	and/or alcoholic or drug treatment for the individual; provided, however, that the court may
30-34	permit a servicemember or veteran to complete any court-approved counseling program
31-1	administered or approved by the Veterans' Administration.
31-2	~~(iii)~~(ii) Every person convicted of a first offense whose blood alcohol concentration is
31-3	fifteen hundredths of one percent (.15%) or above, or who is under the influence of a drug,
31-4	toluene, or any controlled substance as defined in subdivision (b)(1) shall be subject to a fine of
31-5	five hundred dollars ($500) and shall be required to perform twenty (20) to sixty (60) hours of
31-6	public community restitution and/or shall be imprisoned for up to one year. The sentence may be
31-7	served in any unit of the adult correctional institutions in the discretion of the sentencing judge.
31-8	The person's driving license shall be suspended for a period of three (3) months to eighteen (18)
31-9	months. The sentencing judge shall require attendance at a special course on driving while
31-10	intoxicated or under the influence of a controlled substance and/or alcohol or drug treatment for
31-11	the individual; provided, however, that the court may permit a servicemember or veteran to
31-12	complete any court-approved counseling program administered or approved by the Veterans'
31-13	Administration.
31-14	(2) Every person convicted of a second violation within a five (5) year period with a
31-15	blood alcohol concentration of eight one-hundredths of one percent (.08%) or above but less than
31-16	fifteen hundredths of one percent (.15%) or whose blood alcohol concentration is unknown or
31-17	who has a blood presence of any controlled substance as defined in subdivision (b)(2), and every
31-18	person convicted of a second violation within a five (5) year period regardless of whether the
31-19	prior violation and subsequent conviction was a violation and subsequent conviction under this
31-20	statute or under the driving under the influence of liquor or drugs statute of any other state, shall
31-21	be subject to a mandatory fine of four hundred dollars ($400). The person's driving license shall
31-22	be suspended for a period of one year to two (2) years, and the individual shall be sentenced to
31-23	not less than ten (10) days nor more than one year in jail. The sentence may be served in any unit
31-24	of the adult correctional institutions in the discretion of the sentencing judge; however, not less
31-25	than forty-eight (48) hours of imprisonment shall be served consecutively. The sentencing judge
31-26	shall require alcohol or drug treatment for the individual; provided, however, that the court may
31-27	permit a servicemember or veteran to complete any court-approved counseling program
31-28	administered or approved by the Veterans' Administration and may prohibit that person from
31-29	operating a motor vehicle that is not equipped with an ignition interlock system for a period of
31-30	one year to two (2) years following the completion of the sentence as provided in § 31-27-2.8.
31-31	~~(ii)~~(i) Every person convicted of a second violation within a five (5) year period whose
31-32	blood alcohol concentration is fifteen hundredths of one percent (.15%) or above by weight as
31-33	shown by a chemical analysis of a blood, breath, or urine sample or who is under the influence of
31-34	a drug, toluene, or any controlled substance as defined in subdivision (b)(1) shall be subject to
32-1	mandatory imprisonment of not less than six (6) months nor more than one year, a mandatory fine
32-2	of not less than one thousand dollars ($1,000) and a mandatory license suspension for a period of
32-3	two (2) years from the date of completion of the sentence imposed under this subsection. The
32-4	sentencing judge shall require alcohol or drug treatment for the individual; provided, however,
32-5	that the court may permit a servicemember or veteran to complete any court approved counseling
32-6	program administered or approved by the Veterans' Administration.
32-7	(3) Every person convicted of a third or subsequent violation within a five (5) year
32-8	period with a blood alcohol concentration of eight one-hundredths of one percent (.08%) or above
32-9	but less than fifteen hundredths of one percent (.15%) or whose blood alcohol concentration is
32-10	unknown or who has a blood presence of any scheduled controlled substance as defined in
32-11	subdivision (b)(2) regardless of whether any prior violation and subsequent conviction was a
32-12	violation and subsequent conviction under this statute or under the driving under the influence of
32-13	liquor or drugs statute of any other state, shall be guilty of a felony and be subject to a mandatory
32-14	fine of four hundred ($400) dollars. The person's driving license shall be suspended for a period
32-15	of two (2) years to three (3) years, and the individual shall be sentenced to not less than one year
32-16	and not more than three (3) years in jail. The sentence may be served in any unit of the adult
32-17	correctional institutions in the discretion of the sentencing judge; however, not less than forty-
32-18	eight (48) hours of imprisonment shall be served consecutively. The sentencing judge shall
32-19	require alcohol or drug treatment for the individual; provided, however, that the court may permit
32-20	a servicemember or veteran to complete any court-approved counseling program administered or
32-21	approved by the Veterans' Administration, and may prohibit that person from operating a motor
32-22	vehicle that is not equipped with an ignition interlock system for a period of two (2) years
32-23	following the completion of the sentence as provided in § 31-27-2.8.
32-24	~~(ii)~~(i) Every person convicted of a third or subsequent violation within a five (5) year
32-25	period whose blood alcohol concentration is fifteen hundredths of one percent (.15%) above by
32-26	weight as shown by a chemical analysis of a blood, breath, or urine sample or who is under the
32-27	influence of a drug, toluene or any controlled substance as defined in subdivision (b)(1) shall be
32-28	subject to mandatory imprisonment of not less than three (3) years nor more than five (5) years, a
32-29	mandatory fine of not less than one thousand dollars ($1,000) nor more than five thousand dollars
32-30	($5,000) and a mandatory license suspension for a period of three (3) years from the date of
32-31	completion of the sentence imposed under this subsection.
32-32	~~(iii)~~(ii) In addition to the foregoing penalties, every person convicted of a third or
32-33	subsequent violation within a five (5) year period regardless of whether any prior violation and
32-34	subsequent conviction was a violation and subsequent conviction under this statute or under the
33-1	driving under the influence of liquor or drugs statute of any other state shall be subject, in the
33-2	discretion of the sentencing judge, to having the vehicle owned and operated by the violator
33-3	seized and sold by the state of Rhode Island, with all funds obtained by the sale to be transferred
33-4	to the general fund.
33-5	(4) Whoever drives or otherwise operates any vehicle in the state while under the
33-6	influence of any intoxicating liquor, drugs, toluene, or any controlled substance as defined in
33-7	chapter 28 of title 21, or any combination of these, when his or her license to operate is
33-8	suspended, revoked or cancelled for operating under the influence of a narcotic drug or
33-9	intoxicating liquor shall be guilty of a felony punishable by imprisonment for not more than three
33-10	(3) years and by a fine or not more than three thousand dollars ($3,000). The court shall require
33-11	alcohol and/or drug treatment for the individual; provided, the penalties provided for in
33-12	subdivision 31-27-2(d)(4) shall not apply to an individual who has surrendered his or her license,
33-13	and served the court ordered period of suspension, but who, for any reason, has not had their
33-14	license reinstated after the period of suspension, revocation, or suspension has expired; provided,
33-15	further the individual shall be subject to the provisions of paragraphs 31-27-2(d)(2)(i) or (ii) or
33-16	31-27-22(d)(3)(i), (ii), or (iii) regarding subsequent offenses, and any other applicable provision
33-17	of § 31-27-2.
33-18	(5) For purposes of determining the period of license suspension, a prior violation shall
33-19	constitute any charge brought and sustained under the provisions of this section or § 31-27-2.1.
33-20	~~(ii)~~(i) Any person over the age of eighteen (18) who is convicted under this section for
33-21	operating a motor vehicle while under the influence of alcohol, other drugs, or a combination of
33-22	these, while a child under the age of thirteen (13) years was present as a passenger in the motor
33-23	vehicle when the offense was committed may be sentenced to a term of imprisonment of not more
33-24	than one year and further shall not be entitled to the benefit of suspension or deferment of this
33-25	sentence. The sentence imposed under this section may be served in any unit of the adult
33-26	correctional institutions in the discretion of the sentencing judge.
33-27	(6) Any person convicted of a violation under this section shall pay a highway
33-28	assessment fine of five hundred dollars ($500) which shall be deposited into the general fund. The
33-29	assessment provided for by this subsection shall be collected from a violator before any other
33-30	fines authorized by this section.
33-31	~~(ii)~~(i) Any person convicted of a violation under this section shall be assessed a fee of
33-32	eighty-six dollars ($86).
33-33	(7) If the person convicted of violating this section is under the age of eighteen (18)
33-34	years, for the first violation he or she shall be required to perform ten (10) to sixty (60) hours of
34-1	public community restitution, and the juvenile's driving license shall be suspended for a period of
34-2	six (6) months, and may be suspended for a period up to eighteen (18) months. The sentencing
34-3	judge shall also require attendance at a special course on driving while intoxicated or under the
34-4	influence of a controlled substance and alcohol or drug education and/or treatment for the
34-5	juvenile. The juvenile may also be required to pay a highway assessment fine of no more than
34-6	five hundred dollars ($500), and the assessment imposed shall be deposited into the general fund.
34-7	~~(ii)~~(i) If the person convicted of violating this section is under the age of eighteen (18)
34-8	years, for a second or subsequent violation regardless of whether any prior violation and
34-9	subsequent conviction was a violation and subsequent under this statute or under the driving
34-10	under the influence of liquor or drugs statute of any other state, he or she shall be subject to a
34-11	mandatory suspension of his or her driving license until such time as he or she is twenty-one (21)
34-12	years of age and may, in the discretion of the sentencing judge, also be sentenced to the Rhode
34-13	Island training school for a period of not more than one year and/or a fine of not more than five
34-14	hundred dollars ($500).
34-15	(8) Any person convicted of a violation under this section may undergo a clinical
34-16	assessment at the community college of Rhode Island 's center for workforce and community
34-17	education. Should this clinical assessment determine problems of alcohol, drug abuse, or
34-18	psychological problems associated with alcoholic or drug abuse, this person shall be referred to
34-19	an appropriate facility, licensed or approved by the department of mental health, retardation and
34-20	hospitals for treatment placement, case management, and monitoring. In the case of a
34-21	servicemember or veteran, the court may order that the person be evaluated through the Veterans'
34-22	Administration. Should the clinical assessment determine problems of alcohol, drug abuse, or
34-23	psychological problems associated with alcohol or drug abuse, the person may have their
34-24	treatment, case management and monitoring administered or approved by the Veterans'
34-25	Administration.
34-26	(e) Percent by weight of alcohol in the blood shall be based upon milligrams of alcohol
34-27	per one hundred (100) cubic centimeters of blood.
34-28	(f)(1) There is established an alcohol and drug safety unit within the division of motor
34-29	vehicles to administer an alcohol safety action program. The program shall provide for placement
34-30	and follow-up for persons who are required to pay the highway safety assessment. The alcohol
34-31	and drug safety action program will be administered in conjunction with alcohol and drug
34-32	programs licensed by the department of mental health retardation and hospitals.
34-33	(2) Persons convicted under the provisions of this chapter shall be required to attend a
34-34	special course on driving while intoxicated or under the influence of a controlled substance,
35-1	and/or participate in an alcohol or drug treatment program; provided, however, that the court may
35-2	permit a servicemember or veteran to complete any court-approved counseling program
35-3	administered or approved by the Veterans' Administration. The course shall take into
35-4	consideration any language barrier which may exist as to any person ordered to attend, and shall
35-5	provide for instruction reasonably calculated to communicate the purposes of the course in
35-6	accordance with the requirements of the subsection. Any costs reasonably incurred in connection
35-7	with the provision of this accommodation shall be borne by the person being retrained. A copy of
35-8	any violation under this section shall be forwarded by the court to the alcohol and drug safety
35-9	unit. In the event that persons convicted under the provisions of this chapter fail to attend and
35-10	complete the above course or treatment program, as ordered by the judge, then the person may be
35-11	brought before the court, and after a hearing as to why the order of the court was not followed,
35-12	may be sentenced to jail for a period not exceeding one year.
35-13	(3) The alcohol and drug safety action program within the division of motor vehicles
35-14	shall be funded by general revenue appropriations.
35-15	(g) The director of the health department of the state of Rhode Island is empowered to
35-16	make and file with the secretary of state regulations which prescribe the techniques and methods
35-17	of chemical analysis of the person's body fluids or breath, and the qualifications and certification
35-18	of individuals authorized to administer this testing and analysis.
35-19	(h) Jurisdiction for misdemeanor violations of this section shall be with the district
35-20	court for persons eighteen (18) years of age or older and to the family court for persons under the
35-21	age of eighteen (18) years. The courts shall have full authority to impose any sentence authorized
35-22	and to order the suspension of any license for violations of this section. All trials in the district
35-23	court and family court of violations of the section shall be scheduled within thirty (30) days of the
35-24	arraignment date. No continuance or postponement shall be granted except for good cause shown.
35-25	Any continuances that are necessary shall be granted for the shortest practicable time. Trials in
35-26	superior court are not required to be scheduled within thirty (30) days of the arraignment date.
35-27	(i) No fines, suspensions, assessments, alcohol or drug treatment programs, course on
35-28	driving while intoxicated or under the influence of a controlled substance, public community
35-29	restitution, or jail provided for under this section can be suspended.
35-30	(j) An order to attend a special course on driving while intoxicated that shall be
35-31	administered in cooperation with a college or university accredited by the state, shall include a
35-32	provision to pay a reasonable tuition for the course in an amount not less than twenty-five dollars
35-33	($25.00), and a fee of one hundred seventy-five dollars ($175), which fee shall be deposited into
35-34	the general fund.
36-1	(k) For the purposes of this section, any test of a sample of blood, breath, or urine for
36-2	the presence of alcohol, which relies in whole or in part upon the principle of infrared light
36-3	absorption is considered a chemical test.
36-4	(l) If any provision of this section or the application of any provision shall for any
36-5	reason be judged invalid, such a judgment shall not affect, impair, or invalidate the remainder of
36-6	the section, but shall be confined in this effect to the provision or application directly involved in
36-7	the controversy giving rise to the judgment.
36-8	(m) For the purposes of this section, "servicemember" means a person who is presently
36-9	serving in the armed forces of the United States including the Coast Guard, a reserve component
36-10	thereof, or the National Guard. "Veteran" means a person who has served in the armed forces,
36-11	including the Coast Guard of the United States, a reserve component thereof, or the National
36-12	Guard, and has been discharged under other than dishonorable conditions.
36-13	31-27-2.4. Driving while in possession of controlled substances. -- (a) In addition to
36-14	any other penalty prescribed by law, whoever operates any motor vehicle while knowingly having
36-15	in the motor vehicle or in his or her possession, a controlled substance, as defined in § 21-28-
36-16	1.02, except for possession of marijuana shall have his or her license suspended for a period of
36-17	six (6) months.
36-18	(b) This section shall not apply to any person who lawfully possesses a controlled
36-19	substance, as defined in § 21-28-1.02, as a direct result and pursuant to a valid prescription from a
36-20	licensed medical practitioner, or as otherwise authorized by chapter 28 of title 21.
36-21	SECTION 6. Chapter 44-49 of the General Laws entitled “Taxation of Marijuana and
36-22	Controlled Substances” is hereby amended by adding thereto the following section.
36-23	44-49-17. No tax stamp required.-- Controlled substance tax payment with a stamp or
36-24	other official indicia, as referred to in section 44-49-5, is not required for registered retailers and
36-25	wholesalers and the penalties provided for in this chapter do not apply to those acting in
36-26	accordance with the laws of, and regulations enacted through the authority of, title 21 of the
36-27	general laws.
36-28	SECTION 7. This act shall take effect upon passage.

	=======
	LC01135
	========

	EXPLANATION
	BY THE LEGISLATIVE COUNCIL
	OF
	A N A C T
	RELATING TO FOOD AND DRUGS - TAXATION AND REGULATION OF MARIJUANA
	***

37-1	This act would legalize marijuana and establish regulations associated with legalization.
37-2	This act would take effect upon passage.

	=======
	LC01135
	=======

S2367