2024 -- S 2906 | |
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LC005495 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2024 | |
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A N A C T | |
RELATING TO FOOD AND DRUGS -- UNIFORM CONTROLLED SUBSTANCES ACT | |
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Introduced By: Senator David P. Tikoian | |
Date Introduced: March 22, 2024 | |
Referred To: Senate Judiciary | |
(Judiciary) | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 21-28-4.01 of the General Laws in Chapter 21-28 entitled "Uniform |
2 | Controlled Substances Act" is hereby amended to read as follows: |
3 | 21-28-4.01. Prohibited acts A — Penalties. |
4 | (a)(1) Except as authorized by this chapter and chapters 28.6 and 28.11 of title 21, it shall |
5 | be unlawful for any person to manufacture, deliver, or possess with intent to manufacture or deliver |
6 | a controlled substance. |
7 | (2) Any person who is not a drug-addicted person, as defined in § 21-28-1.02, who violates |
8 | this subsection with respect to a controlled substance classified in schedule I or II, except the |
9 | substance classified as marijuana, is guilty of a crime and, upon conviction, may be imprisoned to |
10 | a term up to life or fined not more than five hundred thousand dollars ($500,000) nor less than ten |
11 | thousand dollars ($10,000), or both. |
12 | (3) Where the deliverance as prohibited in this subsection shall be the proximate cause of |
13 | death to the person to whom the controlled substance is delivered, it shall not be a defense that the |
14 | person delivering the substance was, at the time of delivery, a drug-addicted person as defined in § |
15 | 21-28-1.02. |
16 | (4) Any person, except as provided for in subsection (a)(2), who violates this subsection |
17 | with respect to: |
18 | (i) A controlled substance, classified in schedule I or II, is guilty of a crime and, upon |
19 | conviction, may be imprisoned for not more than thirty (30) years, or fined not more than one |
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1 | hundred thousand dollars ($100,000) nor less than three thousand dollars ($3,000), or both; |
2 | (ii) A controlled substance, classified in schedule III or IV, is guilty of a crime and, upon |
3 | conviction, may be imprisoned for not more than twenty (20) years, or fined not more than forty |
4 | thousand dollars ($40,000), or both; provided, with respect to a controlled substance classified in |
5 | schedule III(d), upon conviction may be imprisoned for not more than five (5) years, or fined not |
6 | more than twenty thousand dollars ($20,000), or both. |
7 | (iii) A controlled substance, classified in schedule V, is guilty of a crime and, upon |
8 | conviction, may be imprisoned for not more than one year, or fined not more than ten thousand |
9 | dollars ($10,000), or both. |
10 | (b)(1) Except as authorized by this chapter, it is unlawful for any person to create, deliver, |
11 | or possess with intent to deliver, a counterfeit substance. |
12 | (2) Any person who violates this subsection with respect to: |
13 | (i) A counterfeit substance, classified in schedule I or II, is guilty of a crime and, upon |
14 | conviction, may be imprisoned for not more than thirty (30) years, or fined not more than one |
15 | hundred thousand dollars ($100,000), or both; |
16 | (ii) A counterfeit substance, classified in schedule III or IV, is guilty of a crime and, upon |
17 | conviction, may be imprisoned for not more than twenty (20) years, or fined not more than forty |
18 | thousand dollars ($40,000), or both; provided, with respect to a controlled substance classified in |
19 | schedule III(d), upon conviction may be imprisoned for not more than five (5) years, or fined not |
20 | more than twenty thousand dollars ($20,000), or both. |
21 | (iii) A counterfeit substance, classified in schedule V, is guilty of a crime and, upon |
22 | conviction, may be imprisoned for not more than one year, or fined not more than ten thousand |
23 | dollars ($10,000), or both. |
24 | (c)(1) It shall be unlawful for any person knowingly or intentionally to possess a controlled |
25 | substance, unless the substance was obtained directly from, or pursuant to, a valid prescription or |
26 | order of a practitioner while acting in the course of his or her professional practice, or except as |
27 | otherwise authorized by this chapter or chapters 28.6 and 28.11 of title 21. |
28 | (2) Any person who violates this subsection with respect to: |
29 | (i) Except as otherwise provided in §§ 21-28-4.01.1 and 21-28-4.01.2, ten grams (10 g.) or |
30 | less of a mixture or substance containing a detectable amount of a controlled substance classified |
31 | in schedules I, II, III, IV, and V, except buprenorphine and the substance classified as marijuana, |
32 | is guilty of a misdemeanor and, upon conviction, may be imprisoned for not more than two (2) |
33 | years, or fined not more than five hundred dollars ($500) or both. |
34 | (ii) Except as otherwise provided in §§ 21-28-4.01.1 and 21-28-4.01.2, more than ten grams |
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1 | (10 g.), but less than one ounce (1 oz.) of a mixture or substance containing a detectable amount of |
2 | a controlled substance classified in schedules I, II and III, IV, and V, except buprenorphine and the |
3 | substance classified as marijuana, is guilty of a felony and, upon conviction, may be imprisoned |
4 | for not more than three (3) years, or fined not more than five thousand dollars ($5,000), or both. |
5 | (iii) Except as otherwise provided in §§ 21-28-4.01.1 and 21-28-4.01.2, more than two |
6 | ounces (2 oz.) or the equivalent amount in the form of cannabis concentrate of a controlled |
7 | substance classified in schedule I as marijuana is guilty of a misdemeanor unless possessed inside |
8 | one’s own primary residence, except for those persons subject to (a)(1), and, upon conviction, may |
9 | be imprisoned for not more than one year, or fined not more than five hundred dollars ($500), or |
10 | both. Exclusive of live marijuana plants, more than ten ounces (10 oz.) of a controlled substance |
11 | classified in schedule I as marijuana or the equivalent amount in the form of cannabis concentrate, |
12 | when possessed within one’s personal residence is guilty of a misdemeanor, except for those |
13 | persons subject to (a)(1), and, upon conviction, may be imprisoned for not more than one year, or |
14 | fined not less than two hundred dollars ($200) nor more than five hundred dollars ($500), or both. |
15 | Possession of live marijuana plants in excess of the number authorized pursuant to § 21- |
16 | 28.11-22 but less than twenty-five (25) marijuana plants is guilty of a misdemeanor, except for |
17 | those persons subject to (a)(1) and, upon conviction, may be imprisoned for not more than one year, |
18 | or fined not less than two hundred dollars ($200) nor more than five hundred dollars ($500), or |
19 | both. |
20 | Possession of twenty-five (25) or more live marijuana plants is guilty of a felony, except |
21 | for those persons subject to (a)(1), and upon conviction, may be imprisoned for not more than three |
22 | (3) years or fined not more than five thousand dollars ($5,000), or both. |
23 | (iv) Notwithstanding any public, special, or general law to the contrary, and except as |
24 | otherwise provided in §§ 21-28-4.01.1 and 21-28-4.01.2, the possession of more than one ounce (1 |
25 | oz.) but not more than two ounces (2 oz.) of marijuana or the equivalent amount in the form of |
26 | cannabis concentrate by a person who is at least twenty-one (21) years old, and who is not exempted |
27 | from penalties pursuant to chapter 28.6 of this title, shall constitute a civil offense, rendering the |
28 | offender liable to a civil penalty in the amount of one hundred fifty dollars ($150) and forfeiture of |
29 | the marijuana, but not to any other form of criminal or civil punishment or disqualification. |
30 | Notwithstanding any public, special, or general law to the contrary, this civil penalty of one hundred |
31 | fifty dollars ($150) and forfeiture of the marijuana shall apply if the offense is the first (1st) or |
32 | second (2nd) violation within the previous eighteen (18) months. |
33 | (v) Notwithstanding any public, special, or general law to the contrary, possession of two |
34 | ounces (2 oz.) or less of marijuana or the equivalent amount in the form of cannabis concentrate by |
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1 | a person between seventeen (17) and twenty (20) years old, and who is not exempted from penalties |
2 | pursuant to chapter 28.6 of this title, shall constitute a civil offense, rendering the offender liable to |
3 | a civil penalty in the amount of one hundred fifty dollars ($150) and forfeiture of the marijuana; |
4 | .provided the minor offender completes Minor offenders under eighteen (18) years of age, are |
5 | required to complete an approved, drug-awareness program and community service as determined |
6 | by the court. If the person seventeen (17) years of age or older and under the age of eighteen (18) |
7 | years fails to complete an approved, drug-awareness program and community service within one |
8 | year of the disposition, the penalty shall be a three hundred dollar ($300) civil fine and forfeiture |
9 | of the marijuana, except that if no drug-awareness program or community service is available, the |
10 | penalty shall be a fine of one hundred fifty dollars ($150) and forfeiture of the marijuana. The |
11 | parents or legal guardian of any offender seventeen (17) years of age or older and under the age of |
12 | eighteen (18) shall be notified of the offense and the availability of a drug-awareness and |
13 | community-service program. The drug-awareness program must be approved by the court, but |
14 | shall, at a minimum, provide four (4) hours of instruction or group discussion and ten (10) hours of |
15 | community service. Notwithstanding any other public, special, or general law to the contrary, this |
16 | civil penalty shall apply if the offense is the first or second violation within the previous eighteen |
17 | (18) months. |
18 | (vi) [Deleted by P.L. 2022, ch. 31, § 10 and P.L. 2022, ch. 32, § 10.] |
19 | (vii) Any unpaid civil fine issued under (c)(2)(iv) or (c)(2)(v) shall double to three hundred |
20 | dollars ($300) if not paid within thirty (30) days of the disposition. The civil fine shall double again |
21 | to six hundred dollars ($600) if it has not been paid within ninety (90) days. |
22 | (viii) No person may be arrested for a violation of (c)(2)(iv) or (c)(2)(v) of this subsection |
23 | except as provided in this subparagraph. Any person in possession of an identification card, license, |
24 | or other form of identification issued by the state or any state, city, or town, or any college or |
25 | university, who fails to produce the same upon request of a police officer who informs the person |
26 | that he or she has been found in possession of what appears to the officer to be more than one ounce |
27 | (1 oz.) less than two ounces (2 oz.) of marijuana, or the equivalent amount in the form of cannabis |
28 | concentrate or any person without any such forms of identification who fails or refuses to truthfully |
29 | provide his or her name, address, and date of birth to a police officer who has informed such person |
30 | that the officer intends to provide such individual with a citation for possession of more than one |
31 | ounce (1 oz.) but less than two ounces (2 oz.) of marijuana or the equivalent amount in the form of |
32 | cannabis concentrate, may be arrested. |
33 | (ix) No violation of (c)(2)(iv) or (c)(2)(v) of this subsection shall be considered a violation |
34 | of parole or probation. |
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1 | (x) Any records collected by any state agency, tribunal, or the family court that include |
2 | personally identifiable information about violations of (c)(2)(iv) or (c)(2)(v) shall not be open to |
3 | public inspection in accordance with § 8-8.2-21. |
4 | (3) Jurisdiction. |
5 | (i) Any and all adjudications of violations of (c)(2)(i) shall be within the original |
6 | jurisdiction of the Rhode Island superior court. The department of attorney general shall prosecute |
7 | any and all violations of (c)(2)(i). |
8 | (ii) Any and all violations of (c)(2)(iv) and (c)(2)(v) shall be the exclusive jurisdiction of |
9 | the Rhode Island traffic tribunal. All money associated with the civil fine issued under Fifty percent |
10 | (50%) of all fines collected by the Rhode Island traffic tribunal from civil penalties issued pursuant |
11 | to (c)(2)(iv) or (c)(2)(v) shall be payable to the Rhode Island traffic tribunal deposited as general |
12 | revenues. Fifty percent (50%) of all fines collected by the Rhode Island traffic tribunal from civil |
13 | penalties issued pursuant to (c)(2)(iv) or (c)(2)(v) shall be expended on drug-awareness and |
14 | treatment programs for youth. |
15 | (4) Additionally, every person convicted or who pleads nolo contendere under (c)(2)(i) or |
16 | (c)(2)(ii) or convicted or who pleads nolo contendere a second or subsequent time under (c)(2)(iii), |
17 | who is not sentenced to a term of imprisonment to serve for the offense, shall be required to: |
18 | (i) Perform up to one hundred (100) hours of community service; |
19 | (ii) Attend and complete a drug-counseling and education program, as prescribed, by the |
20 | director of the department of behavioral healthcare, developmental disabilities and hospitals |
21 | (BHDDH) similar to that in § 21-28.11-27.2, and pay the sum of four hundred dollars ($400) to |
22 | help defray the costs of this program which shall be deposited as general revenues. Failure to attend |
23 | may result, after hearing by the court, in jail sentence up to one year; |
24 | (iii) The court shall not suspend any part or all of the imposition of the fee required by this |
25 | subsection, unless the court finds an inability to pay; |
26 | (iv) If the offense involves the use of any automobile to transport the substance or the |
27 | substance is found within an automobile, then a person convicted or who pleads nolo contendere |
28 | under (c)(2)(i), (c)(2)(ii) or (c)(2)(iii) shall be subject to a loss of license for a period of six (6) |
29 | months for a first offense and one year for each offense after. |
30 | (5) All fees assessed and collected pursuant to (c)(2)(i), (c)(2)(ii) and (c)(2)(iii) shall be |
31 | deposited as general revenues and shall be collected from the person convicted or who pleads nolo |
32 | contendere before any other fines authorized by this chapter. |
33 | (d) It shall be unlawful for any person to manufacture, distribute, or possess with intent to |
34 | manufacture or distribute, an imitation controlled substance. Any person who violates this |
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1 | subsection is guilty of a crime and, upon conviction, shall be subject to the same term of |
2 | imprisonment and/or fine as provided by this chapter for the manufacture or distribution of the |
3 | controlled substance that the particular imitation controlled substance forming the basis of the |
4 | prosecution was designed to resemble and/or represented to be; but in no case shall the |
5 | imprisonment be for more than five (5) years nor the fine for more than twenty thousand dollars |
6 | ($20,000). |
7 | (e) It shall be unlawful for a practitioner to prescribe, order, distribute, supply, or sell an |
8 | anabolic steroid or human growth hormone for: (1) Enhancing performance in an exercise, sport, |
9 | or game, or (2) Hormonal manipulation intended to increase muscle mass, strength, or weight |
10 | without a medical necessity. Any person who violates this subsection is guilty of a misdemeanor |
11 | and, upon conviction, may be imprisoned for not more than six (6) months or a fine of not more |
12 | than one thousand dollars ($1,000), or both. |
13 | (f) It is unlawful for any person to knowingly or intentionally possess, manufacture, |
14 | distribute, or possess with intent to manufacture or distribute, any extract, compound, salt |
15 | derivative, or mixture of salvia divinorum or datura stramonium or its extracts unless the person is |
16 | exempt pursuant to the provisions of § 21-28-3.30. Notwithstanding any laws to the contrary, any |
17 | person who violates this section is guilty of a misdemeanor and, upon conviction, may be |
18 | imprisoned for not more than one year, or fined not more than one thousand dollars ($1,000), or |
19 | both. The provisions of this section shall not apply to licensed physicians, pharmacists, and |
20 | accredited hospitals and teaching facilities engaged in the research or study of salvia divinorum or |
21 | datura stramonium and shall not apply to any person participating in clinical trials involving the |
22 | use of salvia divinorum or datura stramonium. |
23 | SECTION 2. This act shall take effect upon passage. |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO FOOD AND DRUGS -- UNIFORM CONTROLLED SUBSTANCES ACT | |
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1 | This act would amend the statutory penalties for possession of marijuana offenses to |
2 | conform to the penalties promulgated in the Rhode Island cannabis act. |
3 | This act would take effect upon passage. |
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