Rhode Island 2023 Regular Session

Rhode Island House Bill H6162 Compare Versions

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

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5	5	2023 -- H 6162
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7	7	LC002563
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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 Vella-Wilkinson, Craven, Felix, Batista, Knight,
17	17	Edwards, Morales, Slater, and Shanley
18	18	Date Introduced: March 17, 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 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. Prohibited acts A — Penalties. [As amended by P.L. 2021, ch. 286, § 2 and 3
26	26	P.L. 2021, ch. 287, § 2.] 4
27	27	(a)(1) Except as authorized by this chapter and chapters 28.6 and 28.11 of title 21, it shall 5
28	28	be unlawful for any person to manufacture, deliver, or possess with intent to manufacture or deliver 6
29	29	a controlled substance. 7
30	30	(2) Any person who is not a drug-addicted person, as defined in § 21-28-1.02, who violates 8
31	31	this subsection with respect to a controlled substance classified in schedule I or II, except the 9
32	32	substance classified as marijuana, is guilty of a crime and, upon conviction, may be imprisoned to 10
33	33	a term up to life or fined not more than five hundred thousand dollars ($500,000) nor less than ten 11
34	34	thousand dollars ($10,000), or both. 12
35	35	(3) Where the deliverance as prohibited in this subsection shall be the proximate cause of 13
36	36	death to the person to whom the controlled substance is delivered, it shall not be a defense that the 14
37	37	person delivering the substance was, at the time of delivery, a drug-addicted person as defined in § 15
38	38	21-28-1.02. 16
39	39	(4) Any person, except as provided for in subsection (a)(2), who violates this subsection 17
40	40	with respect to: 18
41	41	(i) A controlled substance, classified in schedule I or II, is guilty of a crime and, upon 19
42	42
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45	45	conviction, may be imprisoned for not more than thirty (30) years, or fined not more than one 1
46	46	hundred thousand dollars ($100,000) nor less than three thousand dollars ($3,000), or both; 2
47	47	(ii) A controlled substance, classified in schedule III or IV, is guilty of a crime and, upon 3
48	48	conviction, may be imprisoned for not more than twenty (20) years, or fined not more than forty 4
49	49	thousand dollars ($40,000), or both; provided, with respect to a controlled substance classified in 5
50	50	schedule III(d), upon conviction may be imprisoned for not more than five (5) years, or fined not 6
51	51	more than twenty thousand dollars ($20,000), or both. 7
52	52	(iii) A controlled substance, classified in schedule V, is guilty of a crime and, upon 8
53	53	conviction, may be imprisoned for not more than one year, or fined not more than ten thousand 9
54	54	dollars ($10,000), or both. 10
55	55	(b)(1) Except as authorized by this chapter, it is unlawful for any person to create, deliver, 11
56	56	or possess with intent to deliver, a counterfeit substance. 12
57	57	(2) Any person who violates this subsection with respect to: 13
58	58	(i) A counterfeit substance, classified in schedule I or II, is guilty of a crime and, upon 14
59	59	conviction, may be imprisoned for not more than thirty (30) years, or fined not more than one 15
60	60	hundred thousand dollars ($100,000), or both; 16
61	61	(ii) A counterfeit substance, classified in schedule III or IV, is guilty of a crime and, upon 17
62	62	conviction, may be imprisoned for not more than twenty (20) years, or fined not more than forty 18
63	63	thousand dollars ($40,000), or both; provided, with respect to a controlled substance classified in 19
64	64	schedule III(d), upon conviction may be imprisoned for not more than five (5) years, or fined not 20
65	65	more than twenty thousand dollars ($20,000), or both. 21
66	66	(iii) A counterfeit substance, classified in schedule V, is guilty of a crime and, upon 22
67	67	conviction, may be imprisoned for not more than one year, or fined not more than ten thousand 23
68	68	dollars ($10,000), or both. 24
69	69	(c)(1) It shall be unlawful for any person knowingly or intentionally to possess a controlled 25
70	70	substance, unless the substance was obtained directly from, or pursuant to, a valid prescription or 26
71	71	order of a practitioner while acting in the course of his or her professional practice, or except as 27
72	72	otherwise authorized by this chapter or chapters 28.6 and 28.11 of title 21. 28
73	73	(2) Any person who violates this subsection with respect to: 29
74	74	(i) Except as otherwise provided in §§ 21-28-4.01.1 and 21-28-4.01.2, ten grams (10 g.) 30
75	75	twenty-eight grams (28 g.) or less of a mixture or substance containing a detectable amount of a 31
76	76	controlled substance classified in schedules I, II, III, IV, and V, except buprenorphine and the 32
77	77	substance classified as marijuana, is guilty of a misdemeanor and, upon conviction, may be 33
78	78	imprisoned for not more than two (2) years, or fined not more than five hundred dollars ($500) or 34
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82	82	both. Any person previously convicted of possession of twenty-eight grams (28 g.) or less of a 1
83	83	controlled substance subject to the provisions of this subsection shall have their record modified to 2
84	84	a misdemeanor. 3
85	85	(ii) Except as otherwise provided in §§ 21-28-4.01.1 and 21-28-4.01.2, more than ten grams 4
86	86	(10 g.) twenty-eight grams (28 g.), but less than one ounce (1 oz.) of a mixture or substance 5
87	87	containing a detectable amount of a controlled substance classified in schedules I, II and III, IV, 6
88	88	and V, except buprenorphine and the substance classified as marijuana, is guilty of a felony and, 7
89	89	upon conviction, may be imprisoned for not more than three (3) years, or fined not more than five 8
90	90	thousand dollars ($5,000), or both. 9
91	91	(iii) Except as otherwise provided in §§ 21-28-4.01.1 and 21-28-4.01.2, more than two 10
92	92	ounces (2 oz.) or the equivalent amount in the form of cannabis concentrate of a controlled 11
93	93	substance classified in schedule I as marijuana is guilty of a misdemeanor unless possessed inside 12
94	94	one’s own primary residence, except for those persons subject to (a)(1), and, upon conviction, may 13
95	95	be imprisoned for not more than one year, or fined not more than five hundred dollars ($500), or 14
96	96	both. Exclusive of live marijuana plants, more than ten ounces (10 oz.) of a controlled substance 15
97	97	classified in schedule I as marijuana or the equivalent amount in the form of cannabis concentrate, 16
98	98	when possessed within one’s personal residence is guilty of a misdemeanor, except for those 17
99	99	persons subject to (a)(1), and, upon conviction, may be imprisoned for not more than one year, or 18
100	100	fined not less than two hundred dollars ($200) nor more than five hundred dollars ($500), or both. 19
101	101	Possession of live marijuana plants in excess of the number authorized pursuant to § 21-20
102	102	28.11-22 but less than twenty-five (25) marijuana plants is guilty of a misdemeanor, except for 21
103	103	those persons subject to (a)(1) and, upon conviction, may be imprisoned for not more than one year, 22
104	104	or fined not less than two hundred dollars ($200) nor more than five hundred dollars ($500), or 23
105	105	both. 24
106	106	Possession of twenty-five (25) or more live marijuana plants is guilty of a felony, except 25
107	107	for those persons subject to (a)(1), and upon conviction, may be imprisoned for not more than three 26
108	108	(3) years or fined not more than five thousand dollars ($5,000), or both. 27
109	109	(iv) Notwithstanding any public, special, or general law to the contrary, and except as 28
110	110	otherwise provided in §§ 21-28-4.01.1 and 21-28-4.01.2, the possession of more than one ounce (1 29
111	111	oz.) but not more than two ounces (2 oz.) of marijuana or the equivalent amount in the form of 30
112	112	cannabis concentrate by a person who is at least twenty-one (21) years old, and who is not exempted 31
113	113	from penalties pursuant to chapter 28.6 of this title, shall constitute a civil offense, rendering the 32
114	114	offender liable to a civil penalty in the amount of one hundred fifty dollars ($150) and forfeiture of 33
115	115	the marijuana, but not to any other form of criminal or civil punishment or disqualification. 34
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119	119	Notwithstanding any public, special, or general law to the contrary, this civil penalty of one hundred 1
120	120	fifty dollars ($150) and forfeiture of the marijuana shall apply if the offense is the first (1st) or 2
121	121	second (2nd) violation within the previous eighteen (18) months. 3
122	122	(v) Notwithstanding any public, special, or general law to the contrary, possession of two 4
123	123	ounces (2 oz.) or less of marijuana or the equivalent amount in the form of cannabis concentrate by 5
124	124	a person between seventeen (17) and twenty (20) years old, and who is not exempted from penalties 6
125	125	pursuant to chapter 28.6 of this title, shall constitute a civil offense, rendering the offender liable to 7
126	126	a civil penalty in the amount of one hundred fifty dollars ($150) and forfeiture of the marijuana; 8
127	127	provided the minor offender completes an approved, drug-awareness program and community 9
128	128	service as determined by the court. If the person seventeen (17) years of age or older and under the 10
129	129	age of eighteen (18) years fails to complete an approved, drug-awareness program and community 11
130	130	service within one year of the disposition, the penalty shall be a three hundred dollar ($300) civil 12
131	131	fine and forfeiture of the marijuana, except that if no drug-awareness program or community 13
132	132	service is available, the penalty shall be a fine of one hundred fifty dollars ($150) and forfeiture of 14
133	133	the marijuana. The parents or legal guardian of any offender seventeen (17) years of age or older 15
134	134	and under the age of eighteen (18) shall be notified of the offense and the availability of a drug-16
135	135	awareness and community-service program. The drug-awareness program must be approved by the 17
136	136	court, but shall, at a minimum, provide four (4) hours of instruction or group discussion and ten 18
137	137	(10) hours of community service. Notwithstanding any other public, special, or general law to the 19
138	138	contrary, this civil penalty shall apply if the offense is the first or second violation within the 20
139	139	previous eighteen (18) months. 21
140	140	(vi) [Deleted by P.L. 2022, ch. 31, § 10 and P.L. 2022, ch. 32, § 10.] 22
141	141	(vii) Any unpaid civil fine issued under (c)(2)(iv) or (c)(2)(v) shall double to three hundred 23
142	142	dollars ($300) if not paid within thirty (30) days of the disposition. The civil fine shall double again 24
143	143	to six hundred dollars ($600) if it has not been paid within ninety (90) days. 25
144	144	(viii) No person may be arrested for a violation of (c)(2)(iv) or (c)(2)(v) of this subsection 26
145	145	except as provided in this subparagraph. Any person in possession of an identification card, license, 27
146	146	or other form of identification issued by the state or any state, city, or town, or any college or 28
147	147	university, who fails to produce the same upon request of a police officer who informs the person 29
148	148	that he or she has been found in possession of what appears to the officer to be more than one ounce 30
149	149	(1 oz.) of marijuana, or the equivalent amount in the form of cannabis concentrate or any person 31
150	150	without any such forms of identification who fails or refuses to truthfully provide his or her name, 32
151	151	address, and date of birth to a police officer who has informed such person that the officer intends 33
152	152	to provide such individual with a citation for possession of more than one ounce (1 oz.) but less 34
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156	156	than two ounces (2 oz.) of marijuana or the equivalent amount in the form of cannabis concentrate, 1
157	157	may be arrested. 2
158	158	(ix) No violation of (c)(2)(iv) or (c)(2)(v) of this subsection shall be considered a violation 3
159	159	of parole or probation. 4
160	160	(x) Any records collected by any state agency, tribunal, or the family court that include 5
161	161	personally identifiable information about violations of (c)(2)(iv) or (c)(2)(v) shall not be open to 6
162	162	public inspection in accordance with § 8-8.2-21. 7
163	163	(d) The chief justice of the district court and the presiding justice of the superior court shall 8
164	164	provide an annual report to the general assembly that provides information concerning the racial 9
165	165	demographics of all parties convicted pursuant to this section or §§ 21-28-4.01.1 or 21-28-4.01.2. 10
166	166	(3) Jurisdiction. 11
167	167	(i) Any and all adjudications of violations of (c)(2)(i) shall be within the original 12
168	168	jurisdiction of the Rhode Island superior court. The department of attorney general shall prosecute 13
169	169	any and all violations of (c)(2)(i). 14
170	170	(ii) Any and all violations of (c)(2)(iv) and (c)(2)(v) shall be the exclusive jurisdiction of 15
171	171	the Rhode Island traffic tribunal. All money associated with the civil fine issued under (c)(2)(iv) or 16
172	172	(c)(2)(v) shall be payable to the Rhode Island traffic tribunal. Fifty percent (50%) of all fines 17
173	173	collected by the Rhode Island traffic tribunal from civil penalties issued pursuant to (c)(2)(iv) or 18
174	174	(c)(2)(v) shall be expended on drug-awareness and treatment programs for youth. 19
175	175	(4) Additionally, every person convicted or who pleads nolo contendere under (c)(2)(i) or 20
176	176	(c)(2)(ii) or convicted or who pleads nolo contendere a second or subsequent time under (c)(2)(iii), 21
177	177	who is not sentenced to a term of imprisonment to serve for the offense, shall be required to: 22
178	178	(i) Perform up to one hundred (100) hours of community service; 23
179	179	(ii) Attend and complete a drug-counseling and education program, as prescribed, by the 24
180	180	director of the department of behavioral healthcare, developmental disabilities and hospitals 25
181	181	(BHDDH) similar to that in § 21-28.11-27.2, and pay the sum of four hundred dollars ($400) to 26
182	182	help defray the costs of this program which shall be deposited as general revenues. Failure to attend 27
183	183	may result, after hearing by the court, in jail sentence up to one year; 28
184	184	(iii) The court shall not suspend any part or all of the imposition of the fee required by this 29
185	185	subsection, unless the court finds an inability to pay; 30
186	186	(iv) If the offense involves the use of any automobile to transport the substance or the 31
187	187	substance is found within an automobile, then a person convicted or who pleads nolo contendere 32
188	188	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) 33
189	189	months for a first offense and one year for each offense after. 34
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193	193	(5) All fees assessed and collected pursuant to (c)(2)(iii) shall be deposited as general 1
194	194	revenues and shall be collected from the person convicted or who pleads nolo contendere before 2
195	195	any other fines authorized by this chapter. 3
196	196	(d) It shall be unlawful for any person to manufacture, distribute, or possess with intent to 4
197	197	manufacture or distribute, an imitation controlled substance. Any person who violates this 5
198	198	subsection is guilty of a crime and, upon conviction, shall be subject to the same term of 6
199	199	imprisonment and/or fine as provided by this chapter for the manufacture or distribution of the 7
200	200	controlled substance that the particular imitation controlled substance forming the basis of the 8
201	201	prosecution was designed to resemble and/or represented to be; but in no case shall the 9
202	202	imprisonment be for more than five (5) years nor the fine for more than twenty thousand dollars 10
203	203	($20,000). 11
204	204	(e) It shall be unlawful for a practitioner to prescribe, order, distribute, supply, or sell an 12
205	205	anabolic steroid or human growth hormone for: (1) Enhancing performance in an exercise, sport, 13
206	206	or game, or (2) Hormonal manipulation intended to increase muscle mass, strength, or weight 14
207	207	without a medical necessity. Any person who violates this subsection is guilty of a misdemeanor 15
208	208	and, upon conviction, may be imprisoned for not more than six (6) months or a fine of not more 16
209	209	than one thousand dollars ($1,000), or both. 17
210	210	(f) It is unlawful for any person to knowingly or intentionally possess, manufacture, 18
211	211	distribute, or possess with intent to manufacture or distribute, any extract, compound, salt 19
212	212	derivative, or mixture of salvia divinorum or datura stramonium or its extracts unless the person is 20
213	213	exempt pursuant to the provisions of § 21-28-3.30. Notwithstanding any laws to the contrary, any 21
214	214	person who violates this section is guilty of a misdemeanor and, upon conviction, may be 22
215	215	imprisoned for not more than one year, or fined not more than one thousand dollars ($1,000), or 23
216	216	both. The provisions of this section shall not apply to licensed physicians, pharmacists, and 24
217	217	accredited hospitals and teaching facilities engaged in the research or study of salvia divinorum or 25
218	218	datura stramonium and shall not apply to any person participating in clinical trials involving the 26
219	219	use of salvia divinorum or datura stramonium. 27
220	220	SECTION 2. This act shall take effect upon passage. 28
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227	227	EXPLANATION
228	228	BY THE LEGISLATIVE COUNCIL
229	229	OF
230	230	A N A C T
231	231	RELATING TO FOOD AND DRUGS -- UNIFORM CONTROLLED S UBSTANCES ACT
232	232	***
233	233	This act would amend the uniform controlled substances act and reclassify simple 1
234	234	possession of twenty-eight grams (28 g.) or less of certain controlled substances as a misdemeanor. 2
235	235	The act would also require that persons with previous convictions of possession of twenty-eight 3
236	236	grams (28 g.) or less shall have their record modified to reflect a misdemeanor conviction. It would 4
237	237	also create reporting requirements related to the racial demographics of parties convicted of 5
238	238	controlled substance offenses. 6
239	239	This act would take effect upon passage. 7
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