2023 -- H 5920
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LC002416
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S TATE OF RHODE IS LAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2023
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A N A C T
RELATING TO FOOD AND DRUGS -- UNIFORM CONTROLLED SUBSTANCE S ACT
Introduced By: Representative Scott Slater
Date Introduced: March 01, 2023
Referred To: House Judiciary
(Judiciary)
It is enacted by the General Assembly as follows:
SECTION 1. Sections 21-28-4.11 and 21-28-4.14 of the General Laws in Chapter 21-28 1
entitled "Uniform Controlled Substances Act" are hereby amended to read as follows: 2
21-28-4.11. Second offenses. 3
(a) Any person convicted of a second offense under this chapter, except for violations of § 4
21-28-4.01(c)(2)(i), § 21-28-4.01(c)(2)(iii) 21-28-4.01(c)(2)(ii), § 21-28-4.01(c)(2)(iv), or § 21-28-5
4.01(c)(2)(v), or § 21-28-4.01(c)(2)(vi), may be imprisoned for a term up to twice the term 6
authorized, fined an amount up to twice that authorized, or both. 7
(b) For purposes of this section, an offense is considered a second offense if, prior to his or 8
her conviction of the offense, the offender has at any time been convicted under this chapter, except 9
for violations of § 21-28-4.01(c)(2)(i), § 21-28-4.01(c)(2)(iii), § 21-28-4.01(c)(2)(iv), § 21-28-10
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 11
relating to narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic drugs. 12
21-28-4.14. Third or subsequent offenses. 13
(a) Any person convicted of a third or subsequent offense under this chapter, except for 14
violations of § 21-28-4.01(c)(2)(iv), or § 21-28-4.01(c)(2)(v), or § 21-28-4.01(c)(2)(vi), may be 15
imprisoned for a term up to three (3) times the term authorized, and fined an amount up to three (3) 16
times that authorized by § 21-28-4.11, or both. 17
(b) For purposes of this section, an offense is considered a third or subsequent offense if, 18
prior to his or her conviction of the offense, the offender has at any time been convicted twice under 19
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this chapter, except for violations of § 21-28-4.01(c)(2)(iii), § 21-28-4.01(c)(2)(iv), or § 21-28-1
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 2
other state, or any combination of them, relating to narcotic drugs, marijuana, depressant, stimulant, 3
or hallucinogenic drugs. 4
SECTION 2. This act shall take effect upon passage. 5
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO FOOD AND DRUGS -- UNIFORM CONTROLLED S UBSTANCES ACT
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This act would amend the statutory penalties for a second and third possession of marijuana 1
offense to conform to the penalties promulgated in the Rhode Island cannabis act. 2
This act would take effect upon passage. 3
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LC002416
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