2024 -- S 2910 | |
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LC005494 | |
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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 Jacob Bissaillon | |
Date Introduced: March 22, 2024 | |
Referred To: Senate Judiciary | |
(Judiciary) | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Sections 21-28-4.11 and 21-28-4.14 of the General Laws in Chapter 21-28 |
2 | entitled "Uniform Controlled Substances Act" are hereby amended to read as follows: |
3 | 21-28-4.11. Second offenses. |
4 | (a) Any person convicted of a second offense under this chapter, except for violations of § |
5 | 21-28-4.01(c)(2)(i), § 21-28-4.01(c)(2)(iii), § 21-28-4.01(c)(2)(iv), or § 21-28-4.01(c)(2)(v), or § |
6 | 21-28-4.01(c)(2)(vi), may be imprisoned for a term up to twice the term authorized, fined an amount |
7 | up to twice that authorized, or both. |
8 | (b) For purposes of this section, an offense is considered a second offense if, prior to his or |
9 | her conviction of the offense, the offender has at any time been convicted under this chapter, except |
10 | for violations of § 21-28-4.01(c)(2)(i), § 21-28-4.01(c)(2)(iii), § 21-28-4.01(c)(2)(iv), § 21-28- |
11 | 4.01(c)(2)(v), or § 21-28-4.01(c)(2)(vi), or under any statute of the United States or of any state |
12 | relating to narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic drugs. |
13 | 21-28-4.14. Third or subsequent offenses. |
14 | (a) Any person convicted of a third or subsequent offense under this chapter, except for |
15 | violations of § 21-28-4.01(c)(2)(i), § 21-28-4.01(c)(2)(iii) § 21-28-4.01(c)(2)(iv), or § 21-28- |
16 | 4.01(c)(2)(v), or § 21-28-4.01(c)(2)(vi), may be imprisoned for a term up to three (3) times the term |
17 | authorized, and fined an amount up to three (3) times that authorized by § 21-28-4.11, or both. |
18 | (b) For purposes of this section, an offense is considered a third or subsequent offense if, |
19 | prior to his or her conviction of the offense, the offender has at any time been convicted twice under |
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1 | this chapter, except for violations of § 21-28-4.01(c)(2)(i), § 21-28-4.01(c)(2)(iii), § 21-28- |
2 | 4.01(c)(2)(iv), or § 21-28-4.01(c)(2)(v), or § 21-28-4.01(c)(2)(vi), or twice under any statute of the |
3 | United States or of any other state, or any combination of them, relating to narcotic drugs, |
4 | marijuana, depressant, stimulant, or hallucinogenic drugs. |
5 | 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 a second and third possession of marijuana |
2 | offense to conform to the penalties promulgated in § 21-28-4.01. |
3 | This act would take effect upon passage. |
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