2025 -- S 0542

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LC000597

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2025

____________

A N   A C T

RELATING TO FOOD AND DRUGS -- UNIFORM CONTROLLED SUBSTANCES ACT --

OFFENCES AND PENALTIES

     Introduced By: Senators Bell, Mack, and Quezada

     Date Introduced: February 26, 2025

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 21-28-4.01, 21-28-4.01.1, 21-28-4.01.2, 21-28-4.02, 21-28-4.03,

21-28-4.05, 21-28-4.06, 21-28-4.09, 21-28-4.11, 21-28-4.13, 21-28-4.14, 21-28-4.15, and 21-28-

4.18 of the General Laws in Chapter 21-28 entitled “Uniform Controlled Substances Act – Offenses

and Penalties” are hereby amended to read as follows

     21-28-4.01. Prohibited acts A — Penalties.

     (a)(1) Except as authorized by this chapter and chapters 28.6 and 28.11 of title 21, it shall

be unlawful for any person to manufacture, deliver, or possess with intent to manufacture or deliver

a controlled substance.

     (2) Any person who is not a drug-addicted person, as defined in § 21-28-1.02, who violates

this subsection with respect to a controlled substance classified in schedule I or II, except the

substance classified as marijuana, is guilty of a crime and, upon conviction, may be imprisoned to

a term up to life or fined not more than five hundred thousand dollars ($500,000) nor less than for

not more than ten (10) years or fined not more than ten thousand dollars ($10,000), or both.

     (3) Where the deliverance as prohibited in this subsection shall be the proximate cause of

death to the person to whom the controlled substance is delivered, it shall not be a defense that the

person delivering the substance was, at the time of delivery, a drug-addicted person as defined in §

21-28-1.02.

     (4) Any person, except as provided for in subsection (a)(2), who violates this subsection

with respect to:

     (i) A controlled substance, classified in schedule I or II, is guilty of a crime and, upon

conviction, may be imprisoned for not more than thirty (30) five (5) years, or fined not more than

one hundred thousand dollars ($100,000) nor less than three thousand dollars ($3,000), or both;

     (ii) A controlled substance, classified in schedule III or IV, is guilty of a crime and, upon

conviction, may be imprisoned for not more than twenty (20) five (5) years, or fined not more than

forty thousand dollars ($40,000) ten thousand dollars ($10,000), or both; provided, with respect to

a controlled substance classified in schedule III(d), upon conviction may be imprisoned for not

more than five (5) three (3) years, or fined not more than twenty thousand dollars ($20,000) five

thousand dollars ($5,000), or both.

     (iii) A controlled substance, classified in schedule V, is guilty of a crime and, upon

conviction, may be imprisoned for not more than one year six (6) months, or fined not more than

ten thousand dollars ($10,000) three thousand dollars ($3,000), or both.

     (b)(1) Except as authorized by this chapter, it is unlawful for any person to create, deliver,

or possess with intent to deliver, a counterfeit substance.

     (2) Any person who violates this subsection with respect to:

     (i) A counterfeit substance, classified in schedule I or II, is guilty of a crime and, upon

conviction, may be imprisoned for not more than thirty (30) five (5) years, or fined not more than

one hundred thousand dollars ($100,000) ten thousand dollars ($10,000), or both;

     (ii) A counterfeit substance, classified in schedule III or IV, is guilty of a crime and, upon

conviction, may be imprisoned for not more than twenty (20) five (5) years, or fined not more than

forty thousand dollars ($40,000) ten thousand dollars ($10,000), or both; provided, with respect to

a controlled substance classified in schedule III(d), upon conviction may be imprisoned for not

more than five (5) two (2) years, or fined not more than twenty thousand dollars ($20,000) three

thousand dollars ($3,000), or both.

     (iii) A counterfeit substance, classified in schedule V, is guilty of a crime and, upon

conviction, may be imprisoned for not more than one year six (6) months, or fined not more than

ten thousand dollars ($10,000) three thousand dollars ($3,000), or both.

     (c)(1) It shall be unlawful for any person knowingly or intentionally to possess a controlled

substance, unless the substance was obtained directly from, or pursuant to, a valid prescription or

order of a practitioner while acting in the course of his or her professional practice, or except as

otherwise authorized by this chapter or chapters 28.6 and 28.11 of title 21.

     (2) Any person who violates this subsection with respect to:

     (i) Except as otherwise provided in §§ 21-28-4.01.1 and 21-28-4.01.2, ten grams (10 g.) or

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less of a mixture or substance containing a detectable amount of a controlled substance classified

in schedules I, II, III, IV, and V, except buprenorphine and the substance classified as marijuana,

is guilty of a misdemeanor and, upon conviction, may be imprisoned for not more than two (2)

years six (6) months, or fined not more than five hundred dollars ($500) or both.

     (ii) Except as otherwise provided in §§ 21-28-4.01.1 and 21-28-4.01.2, more than ten grams

(10 g.), but less than one ounce (1 oz.) of a mixture or substance containing a detectable amount of

a controlled substance classified in schedules I, II and III, IV, and V, except buprenorphine and the

substance classified as marijuana, is guilty of a felony misdemeanor and, upon conviction, may be

imprisoned for not more than three (3) years three hundred sixty-four days (364), or fined not more

than five thousand dollars ($5,000) two thousand five hundred dollars ($2,500), or both.

     (iii) Except as otherwise provided in §§ 21-28-4.01.1 and 21-28-4.01.2, more than two

ounces (2 oz.) or the equivalent amount in the form of cannabis concentrate of a controlled

substance classified in schedule I as marijuana is guilty of a misdemeanor unless possessed inside

one’s own primary residence, except for those persons subject to (a)(1), and, upon conviction, may

be imprisoned for not more than one year six (6) months, or fined not more than five hundred

dollars ($500), or both. Exclusive of live marijuana plants, more than ten ounces (10 oz.) of a

controlled substance classified in schedule I as marijuana or the equivalent amount in the form of

cannabis concentrate, when possessed within one’s personal residence is guilty of a misdemeanor,

except for those persons subject to (a)(1), and, upon conviction, may be imprisoned for not more

than one year six (6) months, or fined not less than two hundred dollars ($200) nor more than five

hundred dollars ($500), or both.

     Possession of live marijuana plants in excess of the number authorized pursuant to § 21-

28.11-22 but less than twenty-five (25) marijuana plants is guilty of a misdemeanor, except for

those persons subject to (a)(1) and, upon conviction, may be imprisoned for not more than one year

six (6) months, or fined not less than two hundred dollars ($200) nor more than five hundred dollars

($500), or both.

     Possession of twenty-five (25) or more live marijuana plants is guilty of a felony

misdemeanor, except for those persons subject to (a)(1), and upon conviction, may be imprisoned

for not more than three (3) years three hundred sixty-four (364) days or fined not more than five

thousand dollars ($5,000) two thousand five hundred dollars ($2,500), or both.

     (iv) Notwithstanding any public, special, or general law to the contrary, and except as

otherwise provided in §§ 21-28-4.01.1 and 21-28-4.01.2, the possession of more than one ounce (1

oz.) but not more than two ounces (2 oz.) of marijuana or the equivalent amount in the form of

cannabis concentrate by a person who is at least twenty-one (21) years old, and who is not exempted

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from penalties pursuant to chapter 28.6 of this title, shall constitute a civil offense, rendering the

offender liable to a civil penalty in the amount of one hundred fifty dollars ($150) one hundred

dollars ($100) and forfeiture of the marijuana, but not to any other form of criminal or civil

punishment or disqualification. Notwithstanding any public, special, or general law to the contrary,

this civil penalty of one hundred fifty dollars ($150) one hundred dollars ($100) and forfeiture of

the marijuana shall apply if the offense is the first (1st) or second (2nd) violation within the previous

eighteen (18) months.

     (v) Notwithstanding any public, special, or general law to the contrary, possession of two

ounces (2 oz.) or less of marijuana or the equivalent amount in the form of cannabis concentrate by

a person between seventeen (17) and twenty (20) years old, and who is not exempted from penalties

pursuant to chapter 28.6 of this title, shall constitute a civil offense, rendering the offender liable to

a civil penalty in the amount of one hundred fifty dollars ($150) one hundred dollars ($100) and

forfeiture of the marijuana; provided the minor offender completes an approved, drug-awareness

program and community service as determined by the court. If the person seventeen (17) years of

age or older and under the age of eighteen (18) years fails to complete an approved, drug-awareness

program and community service within one year of the disposition, the penalty shall be a three

hundred dollar ($300) two hundred dollar ($200) civil fine and forfeiture of the marijuana, except

that if no drug-awareness program or community service is available, the penalty shall be a fine of

one hundred fifty dollars ($150) one hundred dollars ($100) and forfeiture of the marijuana. The

parents or legal guardian of any offender seventeen (17) years of age or older and under the age of

eighteen (18) shall be notified of the offense and the availability of a drug-awareness and

community-service program. The drug-awareness program must be approved by the court, but

shall, at a minimum, provide four (4) hours of instruction or group discussion and ten (10) hours of

community service. Notwithstanding any other public, special, or general law to the contrary, this

civil penalty shall apply if the offense is the first or second violation within the previous eighteen

(18) months.

     (vi) [Deleted by P.L. 2022, ch. 31, § 10 and P.L. 2022, ch. 32, § 10.]

     (vii) Any unpaid civil fine issued under (c)(2)(iv) or (c)(2)(v) shall double to three hundred

dollars ($300) two hundred dollars ($200) if not paid within thirty (30) days of the disposition. The

civil fine shall double again to six hundred dollars ($600) four hundred dollars ($400) if it has not

been paid within ninety (90) days.

     (viii) No person may be arrested for a violation of (c)(2)(iv) or (c)(2)(v) of this subsection

except as provided in this subparagraph. Any person in possession of an identification card, license,

or other form of identification issued by the state or any state, city, or town, or any college or

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university, who fails to produce the same upon request of a police officer who informs the person

that he or she has been found in possession of what appears to the officer to be more than one ounce

(1 oz.) of marijuana, or the equivalent amount in the form of cannabis concentrate or any person

without any such forms of identification who fails or refuses to truthfully provide his or her name,

address, and date of birth to a police officer who has informed such person that the officer intends

to provide such individual with a citation for possession of more than one ounce (1 oz.) but less

than two ounces (2 oz.) of marijuana or the equivalent amount in the form of cannabis concentrate,

may be arrested.

     (ix) No violation of (c)(2)(iv) or (c)(2)(v) of this subsection shall be considered a violation

of parole or probation.

     (x) Any records collected by any state agency, tribunal, or the family court that include

personally identifiable information about violations of (c)(2)(iv) or (c)(2)(v) shall not be open to

public inspection in accordance with § 8-8.2-21.

     (3) Jurisdiction.

     (i) Any and all adjudications of violations of (c)(2)(i) shall be within the original

jurisdiction of the Rhode Island superior court. The department of attorney general shall prosecute

any and all violations of (c)(2)(i).

     (ii) Any and all violations of (c)(2)(iv) and (c)(2)(v) shall be the exclusive jurisdiction of

the Rhode Island traffic tribunal. All money associated with the civil fine issued under (c)(2)(iv) or

(c)(2)(v) shall be payable to the Rhode Island traffic tribunal. Fifty percent (50%) of all fines

collected by the Rhode Island traffic tribunal from civil penalties issued pursuant to (c)(2)(iv) or

(c)(2)(v) shall be expended on drug-awareness and treatment programs for youth.

     (4) Additionally, every person convicted or who pleads nolo contendere under (c)(2)(i) or

(c)(2)(ii) or convicted or who pleads nolo contendere a second or subsequent time under (c)(2)(iii),

who is not sentenced to a term of imprisonment to serve for the offense, shall be required to:

     (i) Perform up to one hundred (100) hours of community service;

     (ii) Attend and complete a drug-counseling and education program, as prescribed, by the

director of the department of behavioral healthcare, developmental disabilities and hospitals

(BHDDH) similar to that in § 21-28.11-27.2, and pay the sum of four hundred dollars ($400) to

help defray the costs of this program which shall be deposited as general revenues. Failure to attend

may result, after hearing by the court, in jail sentence up to one year;

     (iii) The court shall not suspend any part or all of the imposition of the fee required by this

subsection, unless the court finds an inability to pay;

     (iv) If the offense involves the use of any automobile to transport the substance or the

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substance is found within an automobile, then a person convicted or who pleads nolo contendere

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)

months for a first offense and one year for each offense after.

     (5) All fees assessed and collected pursuant to (c)(2)(iii) shall be deposited as general

revenues and shall be collected from the person convicted or who pleads nolo contendere before

any other fines authorized by this chapter.

     (d) It shall be unlawful for any person to manufacture, distribute, or possess with intent to

manufacture or distribute, an imitation controlled substance. Any person who violates this

subsection is guilty of a crime and, upon conviction, shall be subject to the same term of

imprisonment and/or fine as provided by this chapter for the manufacture or distribution of the

controlled substance that the particular imitation controlled substance forming the basis of the

prosecution was designed to resemble and/or represented to be; but in no case shall the

imprisonment be for more than five (5) years nor the fine for more than twenty thousand dollars

($20,000) ten thousand dollars ($10,000).

     (e) It shall be unlawful for a practitioner to prescribe, order, distribute, supply, or sell an

anabolic steroid or human growth hormone for: (1) Enhancing performance in an exercise, sport,

or game, or (2) Hormonal manipulation intended to increase muscle mass, strength, or weight

without a medical necessity. Any person who violates this subsection is guilty of a misdemeanor

and, upon conviction, may be imprisoned for not more than six (6) months or a fine of not more

than one thousand dollars ($1,000), or both.

     (f) It is unlawful for any person to knowingly or intentionally possess, manufacture,

distribute, or possess with intent to manufacture or distribute, any extract, compound, salt

derivative, or mixture of salvia divinorum or datura stramonium or its extracts unless the person is

exempt pursuant to the provisions of § 21-28-3.30. Notwithstanding any laws to the contrary, any

person who violates this section is guilty of a misdemeanor and, upon conviction, may be

imprisoned for not more than one year six (6) months, or fined not more than one thousand dollars

($1,000) five hundred dollars ($500), or both. The provisions of this section shall not apply to

licensed physicians, pharmacists, and accredited hospitals and teaching facilities engaged in the

research or study of salvia divinorum or datura stramonium and shall not apply to any person

participating in clinical trials involving the use of salvia divinorum or datura stramonium.

     21-28-4.01.1. Certain quantities of controlled substances.

     (a) Except as authorized by this chapter, it shall be unlawful for any person to manufacture,

sell, or possess with intent to manufacture or sell, a controlled substance classified in schedule I or

II (excluding marijuana) or to possess or deliver the following enumerated quantities of certain

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controlled substances:

     (1) One ounce (1 oz.) to one kilogram (1 kg.) of a mixture or substance containing a

detectable amount of heroin;

     (2) One ounce (1 oz.) to one kilogram (1 kg.) of a mixture or substance containing a

detectable amount of:

     (i) Coca leaves, except coca leaves and extracts of coca leaves from which cocaine,

ecgonine, and derivatives of ecgonine or their salts have been removed;

     (ii) Cocaine, its salts, optical and geometric isomers, and salts of isomers;

     (iii) Ecgonine, its derivatives, their salts, isomers, and salts of isomers; or

     (iv) Any compound, mixture, or preparation that contains any quantity of any of the

substances referred to in paragraphs (i) — (iii) of this subdivision;

     (3) One gram (1 g.) to ten grams (10 gs.) of phencyclidine (PCP) or one hundred (100) to

one thousand (1,000) tablets of a mixture or substance containing a detectable amount of

phencyclidine (PCP);

     (4) One-tenth of a gram (0.1 g.) to one gram (1 g.) of lysergic acid diethylamide (LSD) or

one hundred (100) to one thousand (1,000) tablets of a mixture or substance containing a detectable

amount of lysergic acid diethylamide (LSD);

     (5) One kilogram (1 kg.) to five kilograms (5 kgs.) of a mixture containing a detectable

amount of marijuana;

     (6) One ounce (1 oz.) to one kilogram (1 kg.) of a mixture or substance containing a

detectable amount of synthetic drugs; or

     (7) One ounce (1 oz.) to one kilogram (1 kg.) of a mixture or substance containing a

detectable amount of fentanyl or its analogs, including, but not limited to: N-(1-phenethylpiperidin-

4-yl)-N-phenylacetamide, its optical, positional, and geometric isomers, salts, and salts of isomers

(acetyl fentanyl); N-(1-phenethylpiperidin-4-yl)-N-phenylfuran-2carboxamide (furanyl fentanyl);

and N-Phenethyl-4-piperidinone (4-AN-PP); or

     (8) One ounce (1 oz.) to one kilogram (1 kg.) of a mixture or substance containing a

detectable amount of carfentanil; or

     (9) One ounce (1 oz.) to one kilogram (1 kg.) of 3,4-methyl-enedioxymethamphetamine

(MDMA), its optical, positional, and geometric isomers, salts, and salts of isomers; or

     (10) One ounce (1 oz.) to one kilogram (1 kg.) of amphetamine, its salts, optical isomers,

and salts of its optical isomers; or

     (11) One ounce (1 oz.) to one kilogram (1 kg.) of methamphetamine, its salts, and salts of

its isomers.

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     (b) Any person who violates this section shall be guilty of a crime, and upon conviction,

may be imprisoned for a term up to fifty (50) ten (10) years and fined not more than five hundred

thousand dollars ($500,000) ten thousand dollars ($10,000).

     21-28-4.01.2. Certain quantities of controlled substances.

     (a) Except as authorized by the chapter, it shall be unlawful for any person to possess,

manufacture, sell, or deliver the following enumerated quantities of certain controlled substances:

     (1) More than one kilogram (1 kg.) of a mixture or substance containing a detectable

amount of heroin;

     (2) More than one kilogram (1 kg.) of a mixture or substance containing a detectable

amount of:

     (i) Coca leaves, except coca leaves and extracts of coca leaves from which cocaine,

ecgonine, and derivatives of ecgonine or their salts have been removed;

     (ii) Cocaine, its salts, optical and geometric isomers, and salts of isomers;

     (iii) Ecgonine, its derivatives, their salts, isomers, and salts of isomers; or

     (iv) Any compound, mixture, or preparation that contains any quantity of any of the

substances referred to in paragraphs (i) — (iii) of this subdivision;

     (3) More than ten grams (10 gs.) of phencyclidine (PCP) or more than one thousand (1,000)

tablets of a mixture or substance containing a detectable amount of phencyclidine (PCP);

     (4) More than one gram (1 g.) of lysergic acid diethylamide (LSD); or more than one

thousand (1,000) tablets of a mixture or substance containing a detectable amount of lysergic acid

diethylamide (LSD);

     (5) More than five kilograms (5 kgs.) of a mixture containing a detectable amount of

marijuana;

     (6) More than one kilogram (1 kg.) of a mixture or substance containing a detectable

amount of synthetic drugs; or

     (7) More than one kilogram (1 kg.) of a mixture or substance containing a detectable

amount of fentanyl or its analogs, including, but not limited to: N-(1-phenethylpiperidin-4-yl)-N-

phenylacetamide, its optical, positional, and geometric isomers, salts, and salts of isomers (acetyl

fentanyl); N-(1-phenethylpiperidin-4-yl)-N-phenylfuran-2carboxamide (furanyl fentanyl); and N-

Phenethyl-4-piperidinone (4-AN-PP); or

     (8) More than one kilogram (1 kg.) of a mixture or substance containing a detectable

amount of carfentanil; or

     (9) More than one kilogram (1 kg.) of 3,4-methyl-enedioxymethamphetamine (MDMA),

its optical, positional, and geometric isomers, salts, and salts of isomers; or

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     (10) More than one kilogram (1 kg.) of amphetamine, its salts, optical isomers, and salts of

its optical isomers; or

     (11) More than one kilogram (1 kg.) of methamphetamine, its salts, and salts of its isomers.

     (b) Any person who violates this section shall be guilty of a crime, and upon conviction,

may be imprisoned for a term up to life ten (10) years and fined not more than one million twenty

thousand dollars ($1,000,000) ($20,000).

     21-28-4.02. Prohibited acts B — Penalties.

     (a) It shall be unlawful for any person:

     (1) Who is subject to article III to distribute or dispense a controlled substance in violation

of § 21-28-3.18;

     (2) Who is a registrant to manufacture a controlled substance not authorized by his or her

registration, or to distribute or dispense a controlled substance not authorized by his or her

registration to another registrant or other authorized person;

     (3) To refuse or fail to make, keep, or furnish any record, notification, order form,

statement, invoice or information required under this chapter;

     (4) To refuse an entry into any premises for any inspection authorized by this chapter.

     (b) Any person who violates this section is guilty of a crime and upon conviction may be

imprisoned for not more than five (5) two (2) years, or fined not more than five thousand dollars

($5,000) two thousand dollars ($2,000), or both.

     21-28-4.03. Prohibited acts C — Penalties.

     (a) It is unlawful for any person knowingly or intentionally:

     (1) To distribute as a registrant a controlled substance, except pursuant to an order form as

required by § 21-28-3.10;

     (2) To use in the course of the manufacture or distribution of a controlled substance a

registration number, which is fictitious, revoked, suspended, or issued to another person;

     (3) To acquire or obtain possession of a controlled substance by misrepresentation, fraud,

forgery, deception, or subterfuge;

     (4) To furnish false or fraudulent material information in, or omit any material information

from, any application, report, or other document required to be kept or filed under this chapter or

any record required to be kept by this chapter; or

     (5) To make, distribute, or possess any punch, die, plate, stone, or other thing designed to

print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or device

of another or any likeness of any of these upon any drug or container or labeling of the drug or

container so as to render the drug a counterfeit substance.

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     (b) Any person who violates this chapter is guilty of a crime and upon conviction may be

imprisoned for not more than five (5) two (2) years, or fined not more than five thousand dollars

($5,000) two thousand dollars ($2,000), or both.

     21-28-4.05. Prohibited acts E — False representations to obtain controlled substances.

     (a) No person shall obtain or attempt to obtain a controlled substance or procure or attempt

to procure the administration of a controlled substance:

     (1) By fraud, deceit, misrepresentation, or subterfuge;

     (2) By the forgery or alteration of a prescription or of any written order;

     (3) By the concealment of material fact; or

     (4) By the use of a false name or the giving of a false address.

     (b) Information communicated to a physician in an unlawful effort to procure the

administration of a controlled substance shall not be deemed a privileged communication.

     (c) No person shall willfully make a false statement in any prescription, order, report, or

record, required by this chapter.

     (d) No person shall, for the purpose of obtaining a controlled substance, falsely assume the

title of, or represent himself or herself to be, a manufacturer, wholesaler, practitioner, or other

authorized person.

     (e) No person shall make or utter any false or forged prescription or false or forged written

order for controlled substances.

     (f) No person shall affix any false or forged label to a package or receptacle containing

controlled substances.

     (g) Any person who violates this section is guilty of a crime and upon conviction may be

imprisoned for not more than five (5) two (2) years, and fined not more than ten thousand dollars

($10,000) two thousand dollars ($2,000), or both.

     21-28-4.06. Prohibited acts F — Places used for unlawful sale, use, or keeping of

controlled substances.

     (a) Any store, shop, warehouse, building, vehicle, aircraft, vessel, or any place which is

used for the unlawful sale, use, or keeping of a controlled substance shall be deemed a common

nuisance.

     (b) Any person who violates this section with respect to:

     (1) Knowingly keeping and maintaining a common nuisance as described in subsection (a)

may be imprisoned for not more than five (5) two (2) years, and fined not more than five thousand

dollars ($5,000) two thousand dollars ($2,000), or both;

     (2) Knowingly permitting any store, shop, warehouse, building, vehicle, aircraft, vessel, or

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any place which is owned or controlled by him or her to be used as a common nuisance may be

imprisoned for not more than fifteen (15) four (4) years, and fined not more than twenty thousand

dollars ($20,000) five thousand dollars ($5,000), or both;

     (3) Knowingly visiting a common nuisance as described in subsection (a) for the purpose

of using or taking in any manner any controlled substance may be imprisoned for not more than

one year six (6) months and fined not more than five hundred dollars ($500).

     21-28-4.09. General penalty clause.

     Any person who violates any provision of this chapter, the penalty for which is not

specified in this chapter, and of the rules and regulations of the director of health made under

authority of this chapter, shall be sentenced to a term of imprisonment of not more than one year

six (6) months, a fine of five hundred dollars ($500), or both.

     21-28-4.11. Second offenses.

     (a) Any person convicted of a second offense under this chapter, except for violations of §

21-28-4.01(c)(2)(i), § 21-28-4.01(c)(2)(iii), § 21-28-4.01(c)(2)(iv), § 21-28-4.01(c)(2)(v), or § 21-

28-4.01(c)(2)(vi), may be imprisoned for a term that may be increased by twenty-five percent

(25%) of up to twice the term authorized, fined an additional twenty-five percent (25%) of amount

up to twice that authorized, or both.

     (b) For purposes of this section, an offense is considered a second offense if, prior to his or

her conviction of the offense, the offender has at any time been convicted under this chapter, except

for violations of § 21-28-4.01(c)(2)(i), § 21-28-4.01(c)(2)(iii), § 21-28-4.01(c)(2)(iv), § 21-28-

4.01(c)(2)(v), or § 21-28-4.01(c)(2)(vi), or under any statute of the United States or of any state

relating to narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic drugs.

     21-28-4.13. Impersonation of health officials — Penalties.

     Every person who shall falsely assume or pretend to be the director of health or an officer,

agent, inspector, or representative designated by the director as having enforcement powers shall

be imprisoned not exceeding one year six (6) months and/or be fined not exceeding five hundred

dollars ($500).

     21-28-4.14. Third or subsequent offenses.

     (a) Any person convicted of a third or subsequent offense under this chapter, except for

violations of § 21-28-4.01(c)(2)(iv), § 21-28-4.01(c)(2)(v), or § 21-28-4.01(c)(2)(vi), may be

imprisoned for a term that may be increased by fifty percent (50%) of up to three (3) times the

term authorized, and fined an additional fifty percent (50%) of amount up to three (3) times that

authorized by § 21-28-4.11, or both.

     (b) For purposes of this section, an offense is considered a third or subsequent offense if,

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prior to his or her conviction of the offense, the offender has at any time been convicted twice under

this chapter, except for violations of § 21-28-4.01(c)(2)(iii), § 21-28-4.01(c)(2)(iv), § 21-28-

4.01(c)(2)(v), or § 21-28-4.01(c)(2)(vi), or twice under any statute of the United States or of any

other state, or any combination of them, relating to narcotic drugs, marijuana, depressant, stimulant,

or hallucinogenic drugs.

     21-28-4.15. Employment of person under age eighteen (18).

     (a) It shall be unlawful for any person eighteen (18) years of age or older to hire, employ

or use any person under eighteen (18) years of age who is at least three (3) years his or her junior

to manufacture, transport, carry, sell, prepare for sale or offer for sale a controlled substance;

provided, that the provisions of this subsection shall not apply to individuals enrolled in a pharmacy

training program approved by the director.

     (b) Any person who violates this section with respect to:

     (1) A controlled substance classified in schedules I and II, except the substance classified

as marijuana, is guilty of a crime and upon conviction shall be imprisoned for not less more than

fifteen (15) ten (10) years and may be imprisoned for a term up to life and fined not more than five

hundred thousand dollars ($500,000) ten thousand dollars ($10,000). In all these cases, the justice

imposing sentence shall impose a minimum sentence of fifteen (15) years imprisonment and may

only impose a sentence less than that minimum if he or she finds that substantial and compelling

circumstances exist which justify imposition of the alternative sentence. The finding may be based

upon the character and background of the defendant, the cooperation of the defendant with law

enforcement authorities, the nature and circumstances of the offense, and/or the nature and quality

of the evidence presented at trial. If a sentence which is less than imprisonment for a term of fifteen

(15) years is imposed, the trial justice shall set forth on the record the circumstances which he or

she found as justification for imposition of the lesser sentence;

     (2) A controlled substance classified in schedule III or IV, is guilty of a crime and upon

conviction may be imprisoned for not more than twenty (20) five (5) years or fined not more than

forty thousand dollars ($40,000) five thousand dollars ($5,000) or both;

     (3) A controlled substance classified in schedule V or marijuana, is guilty of a crime and

upon conviction may be imprisoned for not more than one year six (6) months or fined not more

than ten thousand dollars ($10,000) three thousand dollars ($3,000), or both.

     21-28-4.18. Prohibited acts by law enforcement officials — Penalties.

     (a) It shall be unlawful for any state or municipal law enforcement official, including

department of correction officers, state marshals, capital police, or other peace officers who are

empowered to enforce the provisions of this chapter, or any employee of a law enforcement agency

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to:

     (1) Offer for sale or sell any information pertaining to an ongoing investigation conducted

by any law enforcement agency of a violation of any of the provisions of this chapter; or

     (2) Use for any unauthorized purpose or sell or destroy or remove from unlawful custody

any of the evidence confiscated as a result of an arrest or seizure arising from the enforcement of

the provisions of this chapter.

     (b) Any person who violates this section shall be guilty of a crime and upon conviction

shall be imprisoned not less than ten (10) years, and may be imprisoned for a term of up to twenty

(20) ten (10) years. In all these cases, the justice imposing sentence shall impose a minimum

sentence of ten (10) years imprisonment and may only impose a sentence less than that minimum

if he or she finds that substantial and compelling circumstances exist which justify imposition of

the alternative sentence. The finding may be based upon the character and background of the

defendant, the cooperation of the defendant with law enforcement authorities, the nature and

circumstances of the offense, and/or the nature and quality of the evidence presented at trial. If a

sentence which is less than imprisonment for a term of ten (10) years is imposed, the trial justice

shall set forth on the record the circumstances, which he or she found as justification for imposition

of the lesser sentence.

     SECTION 2. Sections 21-28-4.07.1, 21-28-4.07.2, 21-28-4.16.1, 21-28-4.16.2, 21-28-4.17

and 21-28-4.17.1 of the General Laws in Chapter 21-28 entitled "Uniform Controlled Substances

Act" are hereby repealed.

     21-28-4.07.1. Distribution or manufacturing in or near schools.

     Any person who violates § 21-28-4.01(A), 21-28-4.01.1, or 21-28-4.07 by distributing or

manufacturing a controlled substance listed in schedules I or II in the building or on the grounds,

or within three hundred (300) yards of the grounds of a public or private elementary, vocational, or

secondary school, or public park or playground shall be punished by a term of imprisonment or

fine, or both, up to twice that authorized by § 21-28-4.01(A) or 21-28-4.07, but not exceeding life

imprisonment.

     21-28-4.07.2. Distribution to individuals without knowledge — Crime of violence.

     (a) Definitions: For the purposes of this section the following words shall have the

following definitions:

     (1) “Crime of violence” means:

     (i) An offense that has an element, the use, attempted use, or threatened use of physical

force against the person or property of another; or

     (ii) Any other offense that is a felony and that, by its nature, involves a substantial risk that

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physical force against the person or property of another may be used in the course of committing

the offense.

     (2) “Without that individual’s knowledge” means: that the individual is unaware that a

substance with the ability to alter that individual’s ability to appraise conduct, or to decline

participation in, or communicate unwillingness to participate in conduct, is administered to the

individual.

     (b) Whoever, with the intent to commit a crime of violence against an individual, as defined

in this section and in chapter 11-37, violates this section by distributing a controlled substance, as

defined in § 21-28-1.02, or a controlled substance analogue to an individual without that

individual’s knowledge, shall be punished by a term of imprisonment not to exceed ten (10) years.

     21-28-4.16.1. Larceny of a controlled substance.

     Any person who steals or attempts to steal any controlled substance from a health care

facility, as defined in § 23-17-2, a licensed pharmacy, or any other lawful place of business, where

controlled substances are compounded, dispensed, administered, stored, or manufactured,

including common carriers, contract carriers, or any usual or lawful carrier, shall be punished by a

fine of not more than ten thousand dollars ($10,000), or by imprisonment of not more than ten (10)

years, or both.

     21-28-4.16.2. Tampering with a controlled substance.

     Any person who alters, tampers, substitutes, adulterates in any manner or form, the

compound, mixture, or preparation of any controlled substance in a health care facility, as defined

in § 23-17-2, shall be punished by a fine of not more than fifteen thousand dollars ($15,000), or by

imprisonment of not more than ten (10) years, or both.

     21-28-4.17. Additional assessment.

     Should any person be convicted of or accept any plea bargain relating to an offense

involving the sale of a controlled substance, that person shall, in addition to any fine imposed, be

assessed an amount up to one thousand dollars ($1,000) by the court. The assessment shall be

transferred to the general treasury and deposited in the special account designated as the forfeited

property account. The funds may be used by law enforcement officials in accordance with the

requirements set forth in § 21-28-5.04.

     21-28-4.17.1. Assessment for drug education, counseling and treatment.

     Any person convicted of any offense under this article, other than the possession offenses

described in § 21-28-4.01(c), shall, in addition to any other sentence and/or fine imposed, be

assessed four hundred dollars ($400) by the court and the assessment shall be collected from the

person convicted before any other fines authorized by this chapter. The court shall not suspend any

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part or all of the imposition of the assessment required by this subsection, unless the court finds an

inability to pay. The assessment shall be deposited in the drug education, assessment and treatment

account to be used by the department of behavioral healthcare, developmental disabilities and

hospitals and the department of health for the purpose of administration, drug education, and

treatment.

     SECTION 3. 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 --

OFFENCES AND PENALTIES

***

     This act would reduce penalties for non-violent drug offenses and provide for terms of

imprisonment of not more than ten (10) years for any drug offense and would repeal certain other

offenses.

     This act would take effect upon passage.

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