Rhode Island 2023 Regular Session

Rhode Island Senate Bill S0125 Compare Versions

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

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5	5	2023 -- S 0125
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7	7	LC000984
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
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14	14	A N A C T
15	15	RELATING TO FOOD AND DRUGS -- SOCIAL HOST REGULATIONS
16	16	Introduced By: Senators Felag, Raptakis, Tikoian, Ciccone, DiPalma, and Sosnowski
17	17	Date Introduced: February 01, 2023
18	18	Referred To: Senate Judiciary
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21	21	It is enacted by the General Assembly as follows:
22	22	SECTION 1. Title 21 of the General Laws entitled "FOOD AND DRUGS" is hereby 1
23	23	amended by adding thereto the following chapter: 2
24	24	CHAPTER 38 3
25	25	SOCIAL HOST REGULATIONS 4
26	26	21-38-1. Definitions. 5
27	27	Terms used in this chapter shall have the meaning given to them by state law except as 6
28	28	expressly provided herein. 7
29	29	(1) “Control” means any form of dominion including ownership, tenancy, or other 8
30	30	possessory right. 9
31	31	(2) “Controlled substance” means a drug or substance whose possession and use are 10
32	32	regulated under chapter 28 of title 21 ("uniform controlled substances act"). Such term does not 11
33	33	include any drug or substance for which the individual found to have consumed such substance has 12
34	34	a valid prescription issued by a licensed medical practitioner authorized to issue such a prescription 13
35	35	and medical marijuana. 14
36	36	(3) “Gathering” means a party, gathering, or event, where a group of three (3) or more 15
37	37	persons have assembled or are assembling for a social occasion or social activity at a residence or 16
38	38	premises. 17
39	39	(4) “Residence” or “premises” means a hotel or motel room, home, yard, apartment, 18
40	40	condominium, or other dwelling unit, or a hall or meeting room, whether occupied on a temporary 19
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43	43	LC000984 - Page 2 of 4
44	44	or permanent basis, whether occupied as a dwelling or for a party or other social function, and 1
45	45	whether owned, leased, rented, or used with or without compensation. 2
46	46	(5) “Social host” means a person who permits or allows a gathering where one or more 3
47	47	individuals consume marijuana or other controlled substances on property owned or controlled by 4
48	48	the person. 5
49	49	(6) “Medical marijuana” as defined in § 21-28.6-3 and regulated by chapter 28.6 of title 6
50	50	21. 7
51	51	(7) “Other private property” refers to a hotel or motel room; an assembly hall or meeting 8
52	52	room; a common room of a dwelling unit used for a party like a recreation room of an apartment 9
53	53	building; a site in a privately owned campground; privately owned vacant lot; privately owned 10
54	54	agricultural land; or privately owned rural land whether occupied as a dwelling, and whether 11
55	55	owned, leased, rented or used without compensation. 12
56	56	21-38-2. Property owner’s duties and prohibitions. 13
57	57	(a) It shall be the duty of any person having control of any residence, real property, or 14
58	58	premises, who hosts, permits, or allows a gathering to take place at said residence or premises, to 15
59	59	take all reasonable steps to prevent the consumption of a controlled substance by anyone at the 16
60	60	gathering. Whenever the person having control of the residence or premises either knows or should 17
61	61	know a person has consumed a controlled substance at their residence or premises in violation of 18
62	62	this chapter, it is presumed that the person had the ability to take all reasonable steps to prevent the 19
63	63	consumption of a controlled substance at the gathering; it is further presumed that the person has 20
64	64	the ability to terminate the illegal conduct once it is, or should reasonably have been, discovered. 21
65	65	(b) No person who owns or has control of any residence or premises shall allow a gathering 22
66	66	to take place or continue at their residence or premises if: 23
67	67	(1) At the gathering any person consumes any marijuana or other controlled substances; 24
68	68	and 25
69	69	(2) The person knows or reasonably should know by taking all reasonable steps to prevent 26
70	70	the consumption and possession of controlled substances at the gathering. Reasonable steps include 27
71	71	controlling access to and the use of marijuana and other controlled substances at the gathering. 28
72	72	21-38-3. Unlawful party, gathering or event where controlled substances and/or 29
73	73	marijuana are served to, consumed by or in the possession of any attendee. 30
74	74	No person shall suffer, permit or host a party, gathering or event at their place of residence 31
75	75	or other private property, place or premises or host a gathering of two (2) or more persons at a place 32
76	76	under their control where controlled substances are served to, consumed by or in the possession of 33
77	77	any attendee. 34
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81	81	21-38-4. Violation(s) -- Civil fine(s) and district court jurisdiction. 1
82	82	(a) It shall be a civil violation for a person to conduct or allow a party, gathering or event 2
83	83	where controlled substances are served to, consumed by or in the possession of any person on 3
84	84	premises owned by the person responsible for the event, on premises rented by or to the person 4
85	85	responsible for the event, on premises where the person responsible for the event resides or on 5
86	86	premises where the person responsible for the event is in control of such premises during the party, 6
87	87	gathering or event. Law enforcement personnel, at their discretion, may immediately issue a 7
88	88	citation for this civil violation upon evidence of the violation of this chapter. There is no 8
89	89	requirement of a first warning in order for law enforcement to issue this civil citation. 9
90	90	(1) Civil Fine. A first violation of this section shall result in a citation with a five hundred 10
91	91	dollar ($500) fine. A second violation shall result in a citation with a seven hundred fifty dollar 11
92	92	($750) fine. A third or subsequent violation shall result in a citation with a one thousand dollar 12
93	93	($1,000) fine. 13
94	94	(2) In the event that the responsible person, who is in violation of this section, is a juvenile, 14
95	95	then the juvenile and the parents or guardians of that juvenile will be jointly and severally liable 15
96	96	for the civil violation. 16
97	97	(b) The district court shall have exclusive jurisdiction over all violations of this chapter, as 17
98	98	provided in § 12-3-1. 18
99	99	21-38-5. Penalties cumulative -- Actions -- Relationship to other laws. 19
100	100	The penalties provided under this chapter are cumulative, and shall not restrict any city or 20
101	101	town to any other remedy to which it is entitled under law or equity. Nothing in this chapter shall 21
102	102	be deemed to preclude the imposition of any criminal penalty under state law, nor shall anything in 22
103	103	this chapter be deemed to conflict with any penalty or provision under state law, or prohibit any 23
104	104	conduct authorized by the state or federal Constitution. 24
105	105	21-38-6. Severability. 25
106	106	If any provision of this chapter or the application thereof to any person or circumstances is 26
107	107	held invalid, such invalidity shall not affect other provisions or applications of the chapter, which 27
108	108	can be given effect without the invalid provision or application, and to this end the provisions of 28
109	109	this chapter are declared to be severable. 29
110	110	SECTION 2. This act shall take effect upon passage. 30
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117	117	EXPLANATION
118	118	BY THE LEGISLATIVE COUNCIL
119	119	OF
120	120	A N A C T
121	121	RELATING TO FOOD AND DRUGS -- SOCIAL HOST REGULATIONS
122	122	***
123	123	This act would create a social host statutory framework to address the presence and 1
124	124	consumption of controlled substances, including marijuana, at social parties, gatherings and events. 2
125	125	This act would take effect upon passage. 3
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