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| 4 | 4 | | |
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| 5 | 5 | | 2023 -- H 5921 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC002415 |
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| 8 | 8 | | ======== |
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| 9 | 9 | | S TATE OF RHODE IS LAND |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2023 |
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| 12 | 12 | | ____________ |
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| 13 | 13 | | |
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| 14 | 14 | | A N A C T |
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| 15 | 15 | | RELATING TO FOOD AND DRUGS -- UNIFORM CONTROLLED SUBSTANCE S ACT |
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| 16 | 16 | | Introduced By: Representative Scott Slater |
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| 17 | 17 | | Date Introduced: March 01, 2023 |
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| 18 | 18 | | Referred To: House Judiciary |
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| 19 | 19 | | (Judiciary) |
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| 20 | 20 | | |
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| 21 | 21 | | It is enacted by the General Assembly as follows: |
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| 22 | 22 | | SECTION 1. Section 21-28-4.01 of the General Laws in Chapter 21-28 entitled "Uniform 1 |
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| 23 | 23 | | Controlled Substances Act" is hereby amended to read as follows: 2 |
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| 24 | 24 | | 21-28-4.01. Prohibited acts A — Penalties. [As amended by P.L. 2021, ch. 286, § 2 and 3 |
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| 25 | 25 | | P.L. 2021, ch. 287, § 2.] 4 |
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| 26 | 26 | | (a)(1) Except as authorized by this chapter and chapters 28.6 and 28.11 of title 21, it shall 5 |
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| 27 | 27 | | be unlawful for any person to manufacture, deliver, or possess with intent to manufacture or deliver 6 |
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| 28 | 28 | | a controlled substance. 7 |
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| 29 | 29 | | (2) Any person who is not a drug-addicted person, as defined in § 21-28-1.02, who violates 8 |
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| 30 | 30 | | this subsection with respect to a controlled substance classified in schedule I or II, except the 9 |
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| 31 | 31 | | substance classified as marijuana, is guilty of a crime and, upon conviction, may be imprisoned to 10 |
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| 32 | 32 | | a term up to life or fined not more than five hundred thousand dollars ($500,000) nor less than ten 11 |
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| 33 | 33 | | thousand dollars ($10,000), or both. 12 |
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| 34 | 34 | | (3) Where the deliverance as prohibited in this subsection shall be the proximate cause of 13 |
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| 35 | 35 | | death to the person to whom the controlled substance is delivered, it shall not be a defense that the 14 |
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| 36 | 36 | | person delivering the substance was, at the time of delivery, a drug-addicted person as defined in § 15 |
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| 37 | 37 | | 21-28-1.02. 16 |
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| 38 | 38 | | (4) Any person, except as provided for in subsection (a)(2), who violates this subsection 17 |
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| 39 | 39 | | with respect to: 18 |
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| 40 | 40 | | (i) A controlled substance, classified in schedule I or II, is guilty of a crime and, upon 19 |
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| 41 | 41 | | |
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| 42 | 42 | | |
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| 43 | 43 | | LC002415 - Page 2 of 7 |
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| 44 | 44 | | conviction, may be imprisoned for not more than thirty (30) years, or fined not more than one 1 |
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| 45 | 45 | | hundred thousand dollars ($100,000) nor less than three thousand dollars ($3,000), or both; 2 |
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| 46 | 46 | | (ii) A controlled substance, classified in schedule III or IV, is guilty of a crime and, upon 3 |
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| 47 | 47 | | conviction, may be imprisoned for not more than twenty (20) years, or fined not more than forty 4 |
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| 48 | 48 | | thousand dollars ($40,000), or both; provided, with respect to a controlled substance classified in 5 |
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| 49 | 49 | | schedule III(d), upon conviction may be imprisoned for not more than five (5) years, or fined not 6 |
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| 50 | 50 | | more than twenty thousand dollars ($20,000), or both. 7 |
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| 51 | 51 | | (iii) A controlled substance, classified in schedule V, is guilty of a crime and, upon 8 |
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| 52 | 52 | | conviction, may be imprisoned for not more than one year, or fined not more than ten thousand 9 |
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| 53 | 53 | | dollars ($10,000), or both. 10 |
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| 54 | 54 | | (b)(1) Except as authorized by this chapter, it is unlawful for any person to create, deliver, 11 |
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| 55 | 55 | | or possess with intent to deliver, a counterfeit substance. 12 |
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| 56 | 56 | | (2) Any person who violates this subsection with respect to: 13 |
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| 57 | 57 | | (i) A counterfeit substance, classified in schedule I or II, is guilty of a crime and, upon 14 |
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| 58 | 58 | | conviction, may be imprisoned for not more than thirty (30) years, or fined not more than one 15 |
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| 59 | 59 | | hundred thousand dollars ($100,000), or both; 16 |
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| 60 | 60 | | (ii) A counterfeit substance, classified in schedule III or IV, is guilty of a crime and, upon 17 |
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| 61 | 61 | | conviction, may be imprisoned for not more than twenty (20) years, or fined not more than forty 18 |
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| 62 | 62 | | thousand dollars ($40,000), or both; provided, with respect to a controlled substance classified in 19 |
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| 63 | 63 | | schedule III(d), upon conviction may be imprisoned for not more than five (5) years, or fined not 20 |
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| 64 | 64 | | more than twenty thousand dollars ($20,000), or both. 21 |
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| 65 | 65 | | (iii) A counterfeit substance, classified in schedule V, is guilty of a crime and, upon 22 |
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| 66 | 66 | | conviction, may be imprisoned for not more than one year, or fined not more than ten thousand 23 |
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| 67 | 67 | | dollars ($10,000), or both. 24 |
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| 68 | 68 | | (c)(1) It shall be unlawful for any person knowingly or intentionally to possess a controlled 25 |
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| 69 | 69 | | substance, unless the substance was obtained directly from, or pursuant to, a valid prescription or 26 |
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| 70 | 70 | | order of a practitioner while acting in the course of his or her professional practice, or except as 27 |
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| 71 | 71 | | otherwise authorized by this chapter or chapters 28.6 and 28.11 of title 21. 28 |
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| 72 | 72 | | (2) Any person who violates this subsection with respect to: 29 |
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| 73 | 73 | | (i) Except as otherwise provided in §§ 21-28-4.01.1 and 21-28-4.01.2, ten grams (10 g.) or 30 |
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| 74 | 74 | | less of a mixture or substance containing a detectable amount of a controlled substance classified 31 |
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| 75 | 75 | | in schedules I, II, III, IV, and V, except buprenorphine and the substance classified as marijuana, 32 |
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| 76 | 76 | | is guilty of a misdemeanor and, upon conviction, may be imprisoned for not more than two (2) 33 |
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| 77 | 77 | | years, or fined not more than five hundred dollars ($500) or both. 34 |
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| 78 | 78 | | |
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| 79 | 79 | | |
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| 80 | 80 | | LC002415 - Page 3 of 7 |
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| 81 | 81 | | (ii) Except as otherwise provided in §§ 21-28-4.01.1 and 21-28-4.01.2, more than ten grams 1 |
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| 82 | 82 | | (10 g.), but less than one ounce (1 oz.) of a mixture or substance containing a detectable amount of 2 |
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| 83 | 83 | | a controlled substance classified in schedules I, II and III, IV, and V, except buprenorphine and the 3 |
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| 84 | 84 | | substance classified as marijuana, is guilty of a felony and, upon conviction, may be imprisoned 4 |
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| 85 | 85 | | for not more than three (3) years, or fined not more than five thousand dollars ($5,000), or both. 5 |
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| 86 | 86 | | (iii) Except as otherwise provided in §§ 21-28-4.01.1 and 21-28-4.01.2, more than two 6 |
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| 87 | 87 | | ounces (2 oz.) or the equivalent amount in the form of cannabis concentrate of a controlled 7 |
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| 88 | 88 | | substance classified in schedule I as marijuana is guilty of a misdemeanor unless possessed inside 8 |
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| 89 | 89 | | one’s own primary residence, except for those persons subject to (a)(1), and, upon conviction, may 9 |
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| 90 | 90 | | be imprisoned for not more than one year, or fined not more than five hundred dollars ($500), or 10 |
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| 91 | 91 | | both. Exclusive of live marijuana plants, more than ten ounces (10 oz.) of a controlled substance 11 |
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| 92 | 92 | | classified in schedule I as marijuana or the equivalent amount in the form of cannabis concentrate, 12 |
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| 93 | 93 | | when possessed within one’s personal residence is guilty of a misdemeanor, except for those 13 |
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| 94 | 94 | | persons subject to (a)(1), and, upon conviction, may be imprisoned for not more than one year, or 14 |
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| 95 | 95 | | fined not less than two hundred dollars ($200) nor more than five hundred dollars ($500), or both. 15 |
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| 96 | 96 | | Possession of live marijuana plants in excess of the number authorized pursuant to § 21-16 |
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| 97 | 97 | | 28.11-22 but less than twenty-five (25) marijuana plants is guilty of a misdemeanor, except for 17 |
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| 98 | 98 | | those persons subject to (a)(1) and, upon conviction, may be imprisoned for not more than one year, 18 |
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| 99 | 99 | | or fined not less than two hundred dollars ($200) nor more than five hundred dollars ($500), or 19 |
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| 100 | 100 | | both. 20 |
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| 101 | 101 | | Possession of twenty-five (25) or more live marijuana plants is guilty of a felony, except 21 |
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| 102 | 102 | | for those persons subject to (a)(1), and upon conviction, may be imprisoned for not more than three 22 |
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| 103 | 103 | | (3) years or fined not more than five thousand dollars ($5,000), or both. 23 |
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| 104 | 104 | | (iv) Notwithstanding any public, special, or general law to the contrary, and except as 24 |
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| 105 | 105 | | otherwise provided in §§ 21-28-4.01.1 and 21-28-4.01.2, the possession of more than one ounce (1 25 |
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| 106 | 106 | | oz.) but not more than two ounces (2 oz.) of marijuana or the equivalent amount in the form of 26 |
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| 107 | 107 | | cannabis concentrate by a person who is at least twenty-one (21) years old, and who is not exempted 27 |
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| 108 | 108 | | from penalties pursuant to chapter 28.6 of this title, shall constitute a civil offense, rendering the 28 |
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| 109 | 109 | | offender liable to a civil penalty in the amount of one hundred fifty dollars ($150) and forfeiture of 29 |
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| 110 | 110 | | the marijuana, but not to any other form of criminal or civil punishment or disqualification. 30 |
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| 111 | 111 | | Notwithstanding any public, special, or general law to the contrary, this civil penalty of one hundred 31 |
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| 112 | 112 | | fifty dollars ($150) and forfeiture of the marijuana shall apply if the offense is the first (1st) or 32 |
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| 113 | 113 | | second (2nd) violation within the previous eighteen (18) months. 33 |
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| 114 | 114 | | (v) Notwithstanding any public, special, or general law to the contrary, possession of two 34 |
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| 115 | 115 | | |
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| 116 | 116 | | |
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| 117 | 117 | | LC002415 - Page 4 of 7 |
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| 118 | 118 | | ounces (2 oz.) or less of marijuana or the equivalent amount in the form of cannabis concentrate by 1 |
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| 119 | 119 | | a person between seventeen (17) and twenty (20) years old, and who is not exempted from penalties 2 |
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| 120 | 120 | | pursuant to chapter 28.6 of this title, shall constitute a civil offense, rendering the offender liable to 3 |
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| 121 | 121 | | a civil penalty in the amount of one hundred fifty dollars ($150) and forfeiture of the marijuana; 4 |
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| 122 | 122 | | provided the minor offender completes an approved, drug-awareness program and community 5 |
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| 123 | 123 | | service as determined by the court. If the person between seventeen (17) years of age or older and 6 |
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| 124 | 124 | | under the age of eighteen (18) years and twenty (20) years of age fails to complete an approved, 7 |
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| 125 | 125 | | drug-awareness program and community service within one year of the disposition, the penalty 8 |
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| 126 | 126 | | shall be a three hundred dollar ($300) civil fine and forfeiture of the marijuana, except that if no 9 |
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| 127 | 127 | | drug-awareness program or community service is available, the penalty shall be a fine of one 10 |
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| 128 | 128 | | hundred fifty dollars ($150) and forfeiture of the marijuana. The parents or legal guardian of any 11 |
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| 129 | 129 | | offender between seventeen (17) years of age or older and under the age of eighteen (18) and twenty 12 |
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| 130 | 130 | | (20) years of age shall be notified of the offense and the availability of a drug-awareness and 13 |
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| 131 | 131 | | community-service program. The drug-awareness program must be approved by the court, but 14 |
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| 132 | 132 | | shall, at a minimum, provide four (4) hours of instruction or group discussion and ten (10) hours of 15 |
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| 133 | 133 | | community service. Notwithstanding any other public, special, or general law to the contrary, this 16 |
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| 134 | 134 | | civil penalty shall apply if the offense is the first or second violation within the previous eighteen 17 |
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| 135 | 135 | | (18) months. 18 |
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| 136 | 136 | | (vi) [Deleted by P.L. 2022, ch. 31, § 10 and P.L. 2022, ch. 32, § 10.] 19 |
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| 137 | 137 | | (vii) Any unpaid civil fine issued under (c)(2)(iv) or (c)(2)(v) shall double to three hundred 20 |
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| 138 | 138 | | dollars ($300) if not paid within thirty (30) days of the disposition. The civil fine shall double again 21 |
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| 139 | 139 | | to six hundred dollars ($600) if it has not been paid within ninety (90) days. 22 |
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| 140 | 140 | | (viii) No person may be arrested for a violation of (c)(2)(iv) or (c)(2)(v) of this subsection 23 |
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| 141 | 141 | | except as provided in this subparagraph. Any person in possession of an identification card, license, 24 |
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| 142 | 142 | | or other form of identification issued by the state or any state, city, or town, or any college or 25 |
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| 143 | 143 | | university, who fails to produce the same upon request of a police officer who informs the person 26 |
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| 144 | 144 | | that he or she has been found in possession of what appears to the officer to be more than one ounce 27 |
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| 145 | 145 | | (1 oz.) two ounces (2 oz.) of marijuana, or the equivalent amount in the form of cannabis 28 |
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| 146 | 146 | | concentrate or any person without any such forms of identification who fails or refuses to truthfully 29 |
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| 147 | 147 | | provide his or her name, address, and date of birth to a police officer who has informed such person 30 |
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| 148 | 148 | | that the officer intends to provide such individual with a citation for possession of more than one 31 |
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| 149 | 149 | | ounce (1 oz.) but less than two ounces (2 oz.) of marijuana or the equivalent amount in the form of 32 |
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| 150 | 150 | | cannabis concentrate, may be arrested. 33 |
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| 151 | 151 | | (ix) No violation of (c)(2)(iv) or (c)(2)(v) of this subsection shall be considered a violation 34 |
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| 152 | 152 | | |
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| 153 | 153 | | |
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| 154 | 154 | | LC002415 - Page 5 of 7 |
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| 155 | 155 | | of parole or probation. 1 |
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| 156 | 156 | | (x) Any records collected by any state agency, tribunal, or the family court that include 2 |
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| 157 | 157 | | personally identifiable information about violations of (c)(2)(iv) or (c)(2)(v) shall not be open to 3 |
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| 158 | 158 | | public inspection in accordance with § 8-8.2-21. 4 |
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| 159 | 159 | | (3) Jurisdiction. 5 |
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| 160 | 160 | | (i) Any and all adjudications of violations of (c)(2)(i) and (c)(2)(ii) shall be within the 6 |
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| 161 | 161 | | original jurisdiction of the Rhode Island superior court. The department of attorney general shall 7 |
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| 162 | 162 | | prosecute any and all violations of (c)(2)(i) and (c)(2)(ii). 8 |
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| 163 | 163 | | (ii) Any and all violations of (c)(2)(iv) and (c)(2)(v) shall be the exclusive jurisdiction of 9 |
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| 164 | 164 | | the Rhode Island traffic tribunal. All money associated with the civil fine issued under (c)(2)(iv) or 10 |
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| 165 | 165 | | (c)(2)(v) shall be payable to the Rhode Island traffic tribunal. Fifty percent (50%) of all fines 11 |
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| 166 | 166 | | collected by the Rhode Island traffic tribunal from civil penalties issued pursuant to (c)(2)(iv) or 12 |
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| 167 | 167 | | (c)(2)(v) shall be expended on drug-awareness and treatment programs for youth. 13 |
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| 168 | 168 | | (4) Additionally, every person convicted or who pleads nolo contendere under (c)(2)(i) or 14 |
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| 169 | 169 | | (c)(2)(ii) or convicted or who pleads nolo contendere a second or subsequent time under (c)(2)(iii), 15 |
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| 170 | 170 | | who is not sentenced to a term of imprisonment to serve for the offense, shall be required to: 16 |
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| 171 | 171 | | (i) Perform up to one hundred (100) hours of community service; 17 |
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| 172 | 172 | | (ii) Attend and complete a drug-counseling and education program, as prescribed, by the 18 |
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| 173 | 173 | | director of the department of behavioral healthcare, developmental disabilities and hospitals 19 |
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| 174 | 174 | | (BHDDH) similar to that in § 21-28.11-27.2, and pay the sum of four hundred dollars ($400) to 20 |
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| 175 | 175 | | help defray the costs of this program which shall be deposited as general revenues. Failure to attend 21 |
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| 176 | 176 | | may result, after hearing by the court, in jail sentence up to one year; 22 |
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| 177 | 177 | | (iii) The court shall not suspend any part or all of the imposition of the fee required by this 23 |
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| 178 | 178 | | subsection, unless the court finds an inability to pay; 24 |
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| 179 | 179 | | (iv) If the offense involves the use of any automobile to transport the substance or the 25 |
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| 180 | 180 | | substance is found within an automobile, then a person convicted or who pleads nolo contendere 26 |
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| 181 | 181 | | 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) 27 |
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| 182 | 182 | | months for a first offense and one year for each offense after. 28 |
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| 183 | 183 | | (5) All fees assessed and collected pursuant to (c)(2)(i), (c)(2)(ii) and, (c)(2)(iii) shall be 29 |
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| 184 | 184 | | deposited as general revenues and shall be collected from the person convicted or who pleads nolo 30 |
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| 185 | 185 | | contendere before any other fines authorized by this chapter. 31 |
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| 186 | 186 | | (d) It shall be unlawful for any person to manufacture, distribute, or possess with intent to 32 |
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| 187 | 187 | | manufacture or distribute, an imitation controlled substance. Any person who violates this 33 |
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| 188 | 188 | | subsection is guilty of a crime and, upon conviction, shall be subject to the same term of 34 |
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| 189 | 189 | | |
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| 190 | 190 | | |
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| 191 | 191 | | LC002415 - Page 6 of 7 |
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| 192 | 192 | | imprisonment and/or fine as provided by this chapter for the manufacture or distribution of the 1 |
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| 193 | 193 | | controlled substance that the particular imitation controlled substance forming the basis of the 2 |
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| 194 | 194 | | prosecution was designed to resemble and/or represented to be; but in no case shall the 3 |
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| 195 | 195 | | imprisonment be for more than five (5) years nor the fine for more than twenty thousand dollars 4 |
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| 196 | 196 | | ($20,000). 5 |
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| 197 | 197 | | (e) It shall be unlawful for a practitioner to prescribe, order, distribute, supply, or sell an 6 |
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| 198 | 198 | | anabolic steroid or human growth hormone for: (1) Enhancing performance in an exercise, sport, 7 |
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| 199 | 199 | | or game, or (2) Hormonal manipulation intended to increase muscle mass, strength, or weight 8 |
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| 200 | 200 | | without a medical necessity. Any person who violates this subsection is guilty of a misdemeanor 9 |
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| 201 | 201 | | and, upon conviction, may be imprisoned for not more than six (6) months or a fine of not more 10 |
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| 202 | 202 | | than one thousand dollars ($1,000), or both. 11 |
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| 203 | 203 | | (f) It is unlawful for any person to knowingly or intentionally possess, manufacture, 12 |
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| 204 | 204 | | distribute, or possess with intent to manufacture or distribute, any extract, compound, salt 13 |
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| 205 | 205 | | derivative, or mixture of salvia divinorum or datura stramonium or its extracts unless the person is 14 |
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| 206 | 206 | | exempt pursuant to the provisions of § 21-28-3.30. Notwithstanding any laws to the contrary, any 15 |
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| 207 | 207 | | person who violates this section is guilty of a misdemeanor and, upon conviction, may be 16 |
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| 208 | 208 | | imprisoned for not more than one year, or fined not more than one thousand dollars ($1,000), or 17 |
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| 209 | 209 | | both. The provisions of this section shall not apply to licensed physicians, pharmacists, and 18 |
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| 210 | 210 | | accredited hospitals and teaching facilities engaged in the research or study of salvia divinorum or 19 |
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| 211 | 211 | | datura stramonium and shall not apply to any person participating in clinical trials involving the 20 |
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| 212 | 212 | | use of salvia divinorum or datura stramonium. 21 |
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| 213 | 213 | | SECTION 2. This act shall take effect upon passage. 22 |
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| 215 | 215 | | LC002415 |
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| 217 | 217 | | |
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| 218 | 218 | | |
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| 219 | 219 | | LC002415 - Page 7 of 7 |
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| 220 | 220 | | EXPLANATION |
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| 221 | 221 | | BY THE LEGISLATIVE COUNCIL |
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| 222 | 222 | | OF |
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| 223 | 223 | | A N A C T |
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| 224 | 224 | | RELATING TO FOOD AND DRUGS -- UNIFORM CONTROLLED S UBSTANCES ACT |
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| 225 | 225 | | *** |
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| 226 | 226 | | This act would amend the statutory penalties for possession of marijuana offenses to 1 |
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| 227 | 227 | | conform to the penalties promulgated in the Rhode Island cannabis act. 2 |
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| 228 | 228 | | This act would take effect upon passage. 3 |
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| 229 | 229 | | ======== |
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| 230 | 230 | | LC002415 |
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| 231 | 231 | | ======== |
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