| 8 | 8 | | ======== |
|---|
| 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 Potter, McNamara, Speakman, Bennett, Place, Slater, |
|---|
| 17 | 17 | | Felix, Cruz, and Morales |
|---|
| 18 | 18 | | Date Introduced: March 01, 2023 |
|---|
| 19 | 19 | | Referred To: House Judiciary |
|---|
| 20 | 20 | | |
|---|
| 21 | 21 | | |
|---|
| 22 | 22 | | It is enacted by the General Assembly as follows: |
|---|
| 23 | 23 | | SECTION 1. Section 21-28-4.01.2 of the General Laws in Chapter 21-28 entitled "Uniform 1 |
|---|
| 24 | 24 | | Controlled Substances Act" is hereby amended to read as follows: 2 |
|---|
| 25 | 25 | | 21-28-4.01.2. Certain quantities of controlled substances. 3 |
|---|
| 26 | 26 | | (a) Except as authorized by the chapter, it shall be unlawful for any person to possess, 4 |
|---|
| 27 | 27 | | manufacture, sell, or deliver the following enumerated quantities of certain controlled substances: 5 |
|---|
| 28 | 28 | | (1) More than one kilogram (1 kg.) of a mixture or substance containing a detectable 6 |
|---|
| 29 | 29 | | amount of heroin; 7 |
|---|
| 30 | 30 | | (2) More than one kilogram (1 kg.) of a mixture or substance containing a detectable 8 |
|---|
| 31 | 31 | | amount of: 9 |
|---|
| 32 | 32 | | (i) Coca leaves, except coca leaves and extracts of coca leaves from which cocaine, 10 |
|---|
| 33 | 33 | | ecgonine, and derivatives of ecgonine or their salts have been removed; 11 |
|---|
| 34 | 34 | | (ii) Cocaine, its salts, optical and geometric isomers, and salts of isomers; 12 |
|---|
| 35 | 35 | | (iii) Ecgonine, its derivatives, their salts, isomers, and salts of isomers; or 13 |
|---|
| 36 | 36 | | (iv) Any compound, mixture, or preparation that contains any quantity of any of the 14 |
|---|
| 37 | 37 | | substances referred to in paragraphs (i) — (iii) of this subdivision; 15 |
|---|
| 38 | 38 | | (3) More than ten grams (10 gs.) of phencyclidine (PCP) or more than one thousand (1,000) 16 |
|---|
| 39 | 39 | | tablets of a mixture or substance containing a detectable amount of phencyclidine (PCP); 17 |
|---|
| 40 | 40 | | (4) More than one gram (1 g.) of lysergic acid diethylamide (LSD); or more than one 18 |
|---|
| 41 | 41 | | thousand (1,000) tablets of a mixture or substance containing a detectable amount of lysergic acid 19 |
|---|
| 42 | 42 | | |
|---|
| 43 | 43 | | |
|---|
| 45 | 45 | | diethylamide (LSD); 1 |
|---|
| 46 | 46 | | (5) More than five kilograms (5 kgs.) of a mixture containing a detectable amount of 2 |
|---|
| 47 | 47 | | marijuana; 3 |
|---|
| 48 | 48 | | (6) More than one kilogram (1 kg.) of a mixture or substance containing a detectable 4 |
|---|
| 49 | 49 | | amount of synthetic drugs; or 5 |
|---|
| 50 | 50 | | (7) More than one kilogram (1 kg.) of a mixture or substance containing a detectable 6 |
|---|
| 51 | 51 | | amount of fentanyl or its analogs, including, but not limited to: N-(1-phenethylpiperidin-4-yl)-N-7 |
|---|
| 52 | 52 | | phenylacetamide, its optical, positional, and geometric isomers, salts, and salts of isomers (acetyl 8 |
|---|
| 53 | 53 | | fentanyl); N-(1-phenethylpiperidin-4-yl)-N-phenylfuran-2carboxamide (furanyl fentanyl); and N-9 |
|---|
| 54 | 54 | | Phenethyl-4-piperidinone (4-AN-PP); or 10 |
|---|
| 55 | 55 | | (8) More than one kilogram (1 kg.) of a mixture or substance containing a detectable 11 |
|---|
| 56 | 56 | | amount of carfentanil; or 12 |
|---|
| 57 | 57 | | (9) More than one kilogram (1 kg.) of 3,4-methyl-enedioxymethamphetamine (MDMA), 13 |
|---|
| 58 | 58 | | its optical, positional, and geometric isomers, salts, and salts of isomers; or 14 |
|---|
| 59 | 59 | | (10) More than one kilogram (1 kg.) of amphetamine, its salts, optical isomers, and salts of 15 |
|---|
| 60 | 60 | | its optical isomers; or 16 |
|---|
| 61 | 61 | | (11) More than one kilogram (1 kg.) of methamphetamine, its salts, and salts of its isomers; 17 |
|---|
| 62 | 62 | | or 18 |
|---|
| 63 | 63 | | (12) More than twenty-eight and thirty-five hundredths grams (28.35 gs.) or one ounce (1 19 |
|---|
| 64 | 64 | | oz.) of psilocybin. 20 |
|---|
| 65 | 65 | | (b) Any person who violates this section shall be guilty of a crime, and upon conviction, 21 |
|---|
| 66 | 66 | | may be imprisoned for a term up to life and fined not more than one million dollars ($1,000,000). 22 |
|---|
| 67 | 67 | | SECTION 2. Chapter 21-28 of the General Laws entitled "Uniform Controlled Substances 23 |
|---|
| 68 | 68 | | Act" is hereby amended by adding thereto the following section: 24 |
|---|
| 69 | 69 | | 21-28-2.11. Exemptions for psilocybin. 25 |
|---|
| 71 | 71 | | less than one ounce (1 oz.) of psilocybin provided the following conditions have been met: 27 |
|---|
| 72 | 72 | | (1) Psilocybin is in possession of one person or shared by one person to another; or 28 |
|---|
| 73 | 73 | | (2) Psilocybin has been securely cultivated within a person’s residence for personal use. 29 |
|---|
| 74 | 74 | | (b) Contingent upon the United States Federal Drug Administration’s (FDA’s) 30 |
|---|
| 75 | 75 | | rescheduling of psilocybin the Rhode Island department of health shall establish rules and 31 |
|---|
| 76 | 76 | | regulations pertaining to cultivation, distribution and medical prescription. 32 |
|---|
| 77 | 77 | | (c) Contingent upon the United States Federal Drug Administration’s (FDA’s) expansion 33 |
|---|
| 78 | 78 | | of its access program, patients with a serious or life-threatening mental or behavioral health 34 |
|---|
| 79 | 79 | | |
|---|
| 80 | 80 | | |
|---|
| 85 | | - | (d) The provisions of this act shall sunset on July 1, 2025, and prior to this sunset, the 4 |
|---|
| 86 | | - | attorney general shall provide a report to the speaker of the house and president of the senate 5 |
|---|
| 87 | | - | relating to the number of violations issued for possession, cultivation, or distribution of psilocybin, 6 |
|---|
| 88 | | - | and the director of the department of health shall provide a report to the speaker of the house and 7 |
|---|
| 89 | | - | president of the senate relating to the U.S. Food and Drug Administration's (FDA) scheduling of 8 |
|---|
| 90 | | - | psilocybin and permitted use for the treatment of mental or behavioral health disorders. 9 |
|---|
| 91 | | - | SECTION 3. This act shall take effect on July 1, 2023, and shall sunset on July 1, 2025. 10 |
|---|
| 85 | + | SECTION 3. This act shall take effect upon passage. 4 |
|---|
| 98 | 92 | | EXPLANATION |
|---|
| 99 | 93 | | BY THE LEGISLATIVE COUNCIL |
|---|
| 100 | 94 | | OF |
|---|
| 101 | 95 | | A N A C T |
|---|
| 102 | 96 | | RELATING TO FOOD AND DRUGS -- UNIFORM CONTROLLED S UBSTANCES ACT |
|---|
| 103 | 97 | | *** |
|---|
| 104 | 98 | | This act would amend the current law on controlled substances to permit a person to be in 1 |
|---|
| 105 | 99 | | possession of less than one ounce of psilocybin. It would also permit psilocybin to be securely 2 |
|---|
| 106 | 100 | | cultivated within a person’s residence for personal use. The act would also, contingent on the US 3 |
|---|
| 107 | 101 | | FDA’s rescheduling and expanding its access program, mandate that the RI department of health 4 |
|---|
| 108 | 102 | | establish rules and regulations on the cultivation, distribution and medical prescription of 5 |
|---|
| 109 | 103 | | psilocybin. 6 |
|---|