Rhode Island 2023 Regular Session

Rhode Island House Bill H5582 Compare Versions

Only one version of the bill is available at this time.

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5	5	2023 -- H 5582
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7	7	LC000623
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO FOOD AND DRUGS -- UNIFORM CONTROLLED SUBSTANCE S ACT
16	16	Introduced By: Representatives Batista, Potter, Cruz, Alzate, Felix, and Craven
17	17	Date Introduced: February 15, 2023
18	18	Referred To: House Judiciary
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20	20
21	21	It is enacted by the General Assembly as follows:
22	22	SECTION 1. Section 21-28-4.1 of the General Laws in Chapter 21-28 entitled "Uniform 1
23	23	Controlled Substances Act" is hereby amended to read as follows: 2
24	24	21-28-4.01. Prohibited acts A — Penalties. [As amended by P.L. 2021, ch. 286, § 2 and 3
25	25	P.L. 2021, ch. 287, § 2.] 4
26	26	(a) Except as provided in §§ 21-28-4.01.1 and 21-28-4.01.2, the possession of a controlled 5
27	27	substance shall be a civil violation punishable by a fine of one hundred dollars ($100) for a first 6
28	28	offense, and up to three hundred dollars ($300) for each subsequent offense. 7
29	29	(a)(1) Except as authorized by this chapter and chapters 28.6 and 28.11 of title 21, it shall 8
30	30	be unlawful for any person to manufacture, deliver, or possess with intent to manufacture or deliver 9
31	31	a controlled substance. 10
32	32	(2) Any person who is not a drug-addicted person, as defined in § 21-28-1.02, who violates 11
33	33	this subsection with respect to a controlled substance classified in schedule I or II, except the 12
34	34	substance classified as marijuana, is guilty of a crime and, upon conviction, may be imprisoned to 13
35	35	a term up to life or fined not more than five hundred thousand dollars ($500,000) nor less than ten 14
36	36	thousand dollars ($10,000), or both. 15
37	37	(3) Where the deliverance as prohibited in this subsection shall be the proximate cause of 16
38	38	death to the person to whom the controlled substance is delivered, it shall not be a defense that the 17
39	39	person delivering the substance was, at the time of delivery, a drug-addicted person as defined in § 18
40	40	21-28-1.02. 19
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44	44	(4) Any person, except as provided for in subsection (a)(2), who violates this subsection 1
45	45	with respect to: 2
46	46	(i) A controlled substance, classified in schedule I or II, is guilty of a crime and, upon 3
47	47	conviction, may be imprisoned for not more than thirty (30) years, or fined not more than one 4
48	48	hundred thousand dollars ($100,000) nor less than three thousand dollars ($3,000), or both; 5
49	49	(ii) A controlled substance, classified in schedule III or IV, is guilty of a crime and, upon 6
50	50	conviction, may be imprisoned for not more than twenty (20) years, or fined not more than forty 7
51	51	thousand dollars ($40,000), or both; provided, with respect to a controlled substance classified in 8
52	52	schedule III(d), upon conviction may be imprisoned for not more than five (5) years, or fined not 9
53	53	more than twenty thousand dollars ($20,000), or both. 10
54	54	(iii) A controlled substance, classified in schedule V, is guilty of a crime and, upon 11
55	55	conviction, may be imprisoned for not more than one year, or fined not more than ten thousand 12
56	56	dollars ($10,000), or both. 13
57	57	(b)(1) Except as authorized by this chapter, it is unlawful for any person to create, deliver, 14
58	58	or possess with intent to deliver, a counterfeit substance. 15
59	59	(2) Any person who violates this subsection with respect to: 16
60	60	(i) A counterfeit substance, classified in schedule I or II, is guilty of a crime and, upon 17
61	61	conviction, may be imprisoned for not more than thirty (30) years, or fined not more than one 18
62	62	hundred thousand dollars ($100,000), or both; 19
63	63	(ii) A counterfeit substance, classified in schedule III or IV, is guilty of a crime and, upon 20
64	64	conviction, may be imprisoned for not more than twenty (20) years, or fined not more than forty 21
65	65	thousand dollars ($40,000), or both; provided, with respect to a controlled substance classified in 22
66	66	schedule III(d), upon conviction may be imprisoned for not more than five (5) years, or fined not 23
67	67	more than twenty thousand dollars ($20,000), or both. 24
68	68	(iii) A counterfeit substance, classified in schedule V, is guilty of a crime and, upon 25
69	69	conviction, may be imprisoned for not more than one year, or fined not more than ten thousand 26
70	70	dollars ($10,000), or both. 27
71	71	(c)(1) It shall be unlawful for any person knowingly or intentionally to possess a controlled 28
72	72	substance, unless the substance was obtained directly from, or pursuant to, a valid prescription or 29
73	73	order of a practitioner while acting in the course of his or her professional practice, or except as 30
74	74	otherwise authorized by this chapter or chapters 28.6 and 28.11 of title 21. 31
75	75	(2) Any person who violates this subsection with respect to: 32
76	76	(i) Except as otherwise provided in §§ 21-28-4.01.1 and 21-28-4.01.2, ten grams (10 g.) or 33
77	77	less of a mixture or substance containing a detectable amount of a controlled substance classified 34
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81	81	in schedules I, II, III, IV, and V, except buprenorphine and the substance classified as marijuana, 1
82	82	is guilty of a misdemeanor and, upon conviction, may be imprisoned for not more than two (2) 2
83	83	years, or fined not more than five hundred dollars ($500) or both. 3
84	84	(ii) Except as otherwise provided in §§ 21-28-4.01.1 and 21-28-4.01.2, more than ten grams 4
85	85	(10 g.), but less than one ounce (1 oz.) of a mixture or substance containing a detectable amount of 5
86	86	a controlled substance classified in schedules I, II and III, IV, and V, except buprenorphine and the 6
87	87	substance classified as marijuana, is guilty of a felony and, upon conviction, may be imprisoned 7
88	88	for not more than three (3) years, or fined not more than five thousand dollars ($5,000), or both. 8
89	89	(iii) Except as otherwise provided in §§ 21-28-4.01.1 and 21-28-4.01.2, more than two 9
90	90	ounces (2 oz.) or the equivalent amount in the form of cannabis concentrate of a controlled 10
91	91	substance classified in schedule I as marijuana is guilty of a misdemeanor unless possessed inside 11
92	92	one’s own primary residence, except for those persons subject to (a)(1), and, upon conviction, may 12
93	93	be imprisoned for not more than one year, or fined not more than five hundred dollars ($500), or 13
94	94	both. Exclusive of live marijuana plants, more than ten ounces (10 oz.) of a controlled substance 14
95	95	classified in schedule I as marijuana or the equivalent amount in the form of cannabis concentrate, 15
96	96	when possessed within one’s personal residence is guilty of a misdemeanor, except for those 16
97	97	persons subject to (a)(1), and, upon conviction, may be imprisoned for not more than one year, or 17
98	98	fined not less than two hundred dollars ($200) nor more than five hundred dollars ($500), or both. 18
99	99	Possession of live marijuana plants in excess of the number authorized pursuant to § 21-28.11-22 19
100	100	but less than twenty-five (25) marijuana plants is guilty of a misdemeanor, except for those persons 20
101	101	subject to (a)(1) and, upon conviction, may be imprisoned for not more than one year, or fined not 21
102	102	less than two hundred dollars ($200) nor more than five hundred dollars ($500), or both. 22
103	103	Possession of twenty-five (25) or more live marijuana plants is guilty of a felony, except 23
104	104	for those persons subject to (a)(1), and upon conviction, may be imprisoned for not more than three 24
105	105	(3) years or fined not more than five thousand dollars ($5,000), or both. 25
106	106	(iv)(2) Notwithstanding any public, special, or general law to the contrary, and except as 26
107	107	otherwise provided in §§ 21-28-4.01.1 and 21-28-4.01.2, the possession of more than one ounce (1 27
108	108	oz.) but not more than two ounces (2 oz.) of marijuana or the equivalent amount in the form of 28
109	109	cannabis concentrate by a person who is at least twenty-one (21) years old, and who is not exempted 29
110	110	from penalties pursuant to chapter 28.6 of this title, shall constitute a civil offense, rendering the 30
111	111	offender liable to a civil penalty in the amount of one hundred fifty dollars ($150) and forfeiture of 31
112	112	the marijuana, but not to any other form of criminal or civil punishment or disqualification. 32
113	113	Notwithstanding any public, special, or general law to the contrary, this civil penalty of one hundred 33
114	114	fifty dollars ($150) and forfeiture of the marijuana shall apply if the offense is the first (1st) or 34
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118	118	second (2nd) violation within the previous eighteen (18) months. 1
119	119	(v)(3) Notwithstanding any public, special, or general law to the contrary, possession of 2
120	120	two ounces (2 oz.) or less of marijuana or the equivalent amount in the form of cannabis concentrate 3
121	121	by a person between seventeen (17) and twenty (20) years old, and who is not exempted from 4
122	122	penalties pursuant to chapter 28.6 of this title, shall constitute a civil offense, rendering the offender 5
123	123	liable to a civil penalty in the amount of one hundred fifty dollars ($150) and forfeiture of the 6
124	124	marijuana; provided the minor offender completes an approved, drug-awareness program and 7
125	125	community service as determined by the court. If the person seventeen (17) years of age or older 8
126	126	and under the age of eighteen (18) years fails to complete an approved, drug-awareness program 9
127	127	and community service within one year of the disposition, the penalty shall be a three hundred 10
128	128	dollar ($300) civil fine and forfeiture of the marijuana, except that if no drug-awareness program 11
129	129	or community service is available, the penalty shall be a fine of one hundred fifty dollars ($150) 12
130	130	and forfeiture of the marijuana. The parents or legal guardian of any offender seventeen (17) years 13
131	131	of age or older and under the age of eighteen (18) shall be notified of the offense and the availability 14
132	132	of a drug-awareness and community-service program. The drug-awareness program must be 15
133	133	approved by the court, but shall, at a minimum, provide four (4) hours of instruction or group 16
134	134	discussion and ten (10) hours of community service. Notwithstanding any other public, special, or 17
135	135	general law to the contrary, this civil penalty shall apply if the offense is the first or second violation 18
136	136	within the previous eighteen (18) months. 19
137	137	(vi) [Deleted by P.L. 2022, ch. 31, § 10 and P.L. 2022, ch. 32, § 10.] 20
138	138	(vii)(4) Any unpaid civil fine issued under (c)(2)(iv) or (c)(2)(v) this subsection shall 21
139	139	double to three hundred dollars ($300) if not paid within thirty (30) days of the disposition. The 22
140	140	civil fine shall double again to six hundred dollars ($600) if it has not been paid within ninety (90) 23
141	141	days. 24
142	142	(viii)(5) No person may be arrested for a violation of (c)(2)(iv) or (c)(2)(v) of this 25
143	143	subsection except as provided in this subparagraph. Any person in possession of an identification 26
144	144	card, license, or other form of identification issued by the state or any state, city, or town, or any 27
145	145	college or university, who fails to produce the same upon request of a police officer who informs 28
146	146	the person that he or she has been found in possession of what appears to the officer to be more 29
147	147	than one ounce (1 oz.) of marijuana, or the equivalent amount in the form of cannabis concentrate 30
148	148	or any person without any such forms of identification who fails or refuses to truthfully provide his 31
149	149	or her name, address, and date of birth to a police officer who has informed such person that the 32
150	150	officer intends to provide such individual with a citation for possession of more than one ounce (1 33
151	151	oz.) but less than two ounces (2 oz.) of marijuana or the equivalent amount in the form of cannabis 34
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155	155	concentrate, may be arrested. 1
156	156	(ix)(6) No violation of (c)(2)(iv) or (c)(2)(v) this subsection shall be considered a violation 2
157	157	of parole or probation. 3
158	158	(x)(7) Any records collected by any state agency, tribunal, or the family court that include 4
159	159	personally identifiable information about violations of (c)(2)(iv) or (c)(2)(v) this subsection shall 5
160	160	not be open to public inspection in accordance with § 8-8.2-21. 6
161	161	(3)(d) Jurisdiction. 7
162	162	(i) Any and all adjudications of violations of (c)(2)(i) shall be within the original 8
163	163	jurisdiction of the Rhode Island superior court. The department of attorney general shall prosecute 9
164	164	any and all violations of (c)(2)(i). 10
165	165	(ii)(1) Any and all violations of (c)(2)(iv) and (c)(2)(v) this section shall be the exclusive 11
166	166	jurisdiction of the Rhode Island traffic tribunal. All money associated with the civil fine issued 12
167	167	under (c)(2)(iv) or (c)(2)(v) this section shall be payable to the Rhode Island traffic tribunal. Fifty 13
168	168	percent (50%) of all fines collected by the Rhode Island traffic tribunal from civil penalties issued 14
169	169	pursuant to (c)(2)(iv) or (c)(2)(v) this section shall be expended on drug-awareness and treatment 15
170	170	programs for youth. 16
171	171	(4)(2) Additionally, every person convicted or who pleads nolo contendere under (c)(2)(i) 17
172	172	or (c)(2)(ii) or convicted or who pleads nolo contendere a second or subsequent time under 18
173	173	(c)(2)(iii), who is not sentenced to a term of imprisonment to serve for the offense, this section shall 19
174	174	be required to: 20
175	175	(i) Perform up to one hundred (100) hours of community service; 21
176	176	(ii) Attend and complete a drug-counseling and education program, as prescribed, by the 22
177	177	director of the department of behavioral healthcare, developmental disabilities and hospitals 23
178	178	(BHDDH) similar to that in § 21-28.11-27.2, and pay the sum of four hundred dollars ($400) to 24
179	179	help defray the costs of this program which shall be deposited as general revenues. Failure to attend 25
180	180	may result, after hearing by the court, in jail sentence up to one year; 26
181	181	(iii) The court shall not suspend any part or all of the imposition of the fee required by this 27
182	182	subsection, unless the court finds an inability to pay; 28
183	183	(iv) If the offense involves the use of any automobile to transport the substance or the 29
184	184	substance is found within an automobile, then a person convicted or who pleads nolo contendere 30
185	185	under (c)(2)(i), (c)(2)(ii) or (c)(2)(iii) this section shall be subject to a loss of license for a period 31
186	186	of six (6) months for a first offense and one year for each offense after. 32
187	187	(5)(3) All fees assessed and collected pursuant to (c)(2)(iii) this subsection and shall be 33
188	188	deposited as general revenues and shall be collected from the person convicted or who pleads nolo 34
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192	192	contendere before any other fines authorized by this chapter expended pursuant to subsection (d)(1) 1
193	193	of this section. 2
194	194	(d)(e) It shall be unlawful for any person to manufacture, distribute, or possess with intent 3
195	195	to manufacture or distribute, an imitation controlled substance. Any person who violates this 4
196	196	subsection is guilty of a crime and, upon conviction, shall be subject to the same term of 5
197	197	imprisonment and/or fine as provided by this chapter for the manufacture or distribution of the 6
198	198	controlled substance that the particular imitation controlled substance forming the basis of the 7
199	199	prosecution was designed to resemble and/or represented to be; but in no case shall the 8
200	200	imprisonment be for more than five (5) years nor the fine for more than twenty thousand dollars 9
201	201	($20,000). 10
202	202	(e) It shall be unlawful for a practitioner to prescribe, order, distribute, supply, or sell an 11
203	203	anabolic steroid or human growth hormone for: (1) Enhancing performance in an exercise, sport, 12
204	204	or game, or (2) Hormonal manipulation intended to increase muscle mass, strength, or weight 13
205	205	without a medical necessity. Any person who violates this subsection is guilty of a misdemeanor 14
206	206	and, upon conviction, may be imprisoned for not more than six (6) months or a fine of not more 15
207	207	than one thousand dollars ($1,000), or both. 16
208	208	(f) It is unlawful for any person to knowingly or intentionally possess, manufacture, 17
209	209	distribute, or possess with intent to manufacture or distribute, any extract, compound, salt 18
210	210	derivative, or mixture of salvia divinorum or datura stramonium or its extracts unless the person is 19
211	211	exempt pursuant to the provisions of § 21-28-3.30. Notwithstanding any laws to the contrary, any 20
212	212	person who violates this section is guilty of a misdemeanor and, upon conviction, may be 21
213	213	imprisoned for not more than one year, or fined not more than one thousand dollars ($1,000), or 22
214	214	both. The provisions of this section shall not apply to licensed physicians, pharmacists, and 23
215	215	accredited hospitals and teaching facilities engaged in the research or study of salvia divinorum or 24
216	216	datura stramonium and shall not apply to any person participating in clinical trials involving the 25
217	217	use of salvia divinorum or datura stramonium. 26
218	218	(f) Notwithstanding any public, special, or general law to the contrary, the possession of a 27
219	219	controlled substance for personal use, shall result in the forfeiture of the controlled substance; 28
220	220	provided, however, the possession of a controlled substance for personal use shall not constitute 29
221	221	reasonable suspicion or probable cause to conduct a search of a motor vehicle or the premises where 30
222	222	the controlled substance is discovered. 31
223	223	SECTION 2. This act shall take effect upon passage. 32
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230	230	EXPLANATION
231	231	BY THE LEGISLATIVE COUNCIL
232	232	OF
233	233	A N A C T
234	234	RELATING TO FOOD AND DRUGS -- UNIFORM CONTROLLED S UBSTANCES ACT
235	235	***
236	236	This act would make the possession of schedule I through V controlled substances civil 1
237	237	violations punishable by a one hundred dollar ($100) fine for a first offense and up to three hundred 2
238	238	dollars ($300) for subsequent offenses. Repeat offenders would also have to complete drug 3
239	239	counseling and community service. 4
240	240	This act would take effect upon passage. 5
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