Rhode Island 2023 Regular Session

Rhode Island Senate Bill S0806 Compare Versions

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

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5	5	2023 -- S 0806
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7	7	LC002103
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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: Senators Kallman, DiMario, Miller, Mack, Acosta, Lauria, and Valverde
17	17	Date Introduced: March 23, 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. Section 21-28-4.01.2 of the General Laws in Chapter 21-28 entitled "Uniform 1
23	23	Controlled Substances Act" is hereby amended to read as follows: 2
24	24	21-28-4.01.2. Certain quantities of controlled substances. 3
25	25	(a) Except as authorized by the chapter, it shall be unlawful for any person to possess, 4
26	26	manufacture, sell, or deliver the following enumerated quantities of certain controlled substances: 5
27	27	(1) More than one kilogram (1 kg.) of a mixture or substance containing a detectable 6
28	28	amount of heroin; 7
29	29	(2) More than one kilogram (1 kg.) of a mixture or substance containing a detectable 8
30	30	amount of: 9
31	31	(i) Coca leaves, except coca leaves and extracts of coca leaves from which cocaine, 10
32	32	ecgonine, and derivatives of ecgonine or their salts have been removed; 11
33	33	(ii) Cocaine, its salts, optical and geometric isomers, and salts of isomers; 12
34	34	(iii) Ecgonine, its derivatives, their salts, isomers, and salts of isomers; or 13
35	35	(iv) Any compound, mixture, or preparation that contains any quantity of any of the 14
36	36	substances referred to in paragraphs (i) — (iii) of this subdivision; 15
37	37	(3) More than ten grams (10 gs.) of phencyclidine (PCP) or more than one thousand (1,000) 16
38	38	tablets of a mixture or substance containing a detectable amount of phencyclidine (PCP); 17
39	39	(4) More than one gram (1 g.) of lysergic acid diethylamide (LSD); or more than one 18
40	40	thousand (1,000) tablets of a mixture or substance containing a detectable amount of lysergic acid 19
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44	44	diethylamide (LSD); 1
45	45	(5) More than five kilograms (5 kgs.) of a mixture containing a detectable amount of 2
46	46	marijuana; 3
47	47	(6) More than one kilogram (1 kg.) of a mixture or substance containing a detectable 4
48	48	amount of synthetic drugs; or 5
49	49	(7) More than one kilogram (1 kg.) of a mixture or substance containing a detectable 6
50	50	amount of fentanyl or its analogs, including, but not limited to: N-(1-phenethylpiperidin-4-yl)-N-7
51	51	phenylacetamide, its optical, positional, and geometric isomers, salts, and salts of isomers (acetyl 8
52	52	fentanyl); N-(1-phenethylpiperidin-4-yl)-N-phenylfuran-2carboxamide (furanyl fentanyl); and N-9
53	53	Phenethyl-4-piperidinone (4-AN-PP); or 10
54	54	(8) More than one kilogram (1 kg.) of a mixture or substance containing a detectable 11
55	55	amount of carfentanil; or 12
56	56	(9) More than one kilogram (1 kg.) of 3,4-methyl-enedioxymethamphetamine (MDMA), 13
57	57	its optical, positional, and geometric isomers, salts, and salts of isomers; or 14
58	58	(10) More than one kilogram (1 kg.) of amphetamine, its salts, optical isomers, and salts of 15
59	59	its optical isomers; or 16
60	60	(11) More than one kilogram (1 kg.) of methamphetamine, its salts, and salts of its isomers; 17
61	61	or 18
62	62	(12) More than twenty-eight and thirty-five hundredths grams (28.35 gs.) or one ounce (1 19
63	63	oz.) of psilocybin. 20
64	64	(b) Any person who violates this section shall be guilty of a crime, and upon conviction, 21
65	65	may be imprisoned for a term up to life and fined not more than one million dollars ($1,000,000). 22
66	66	SECTION 2. Chapter 21-28 of the General Laws entitled "Uniform Controlled Substances 23
67	67	Act" is hereby amended by adding thereto the following section: 24
68	68	21-28-2.11. Exemptions for psilocybin. 25
69	69	(1) Nothing in this chapter shall apply to any compound, mixture, or preparation containing 26
70	70	less than one ounce (1 oz.) of psilocybin provided the following conditions have been met: 27
71	71	(1) Psilocybin is in possession of one person or shared by one person to another; or 28
72	72	(2) Psilocybin has been securely cultivated within a person’s residence for personal use. 29
73	73	(b) Contingent upon the United States Federal Drug Administration’s (FDA’s) 30
74	74	rescheduling of psilocybin the Rhode Island department of health shall establish rules and 31
75	75	regulations pertaining to cultivation, distribution and medical prescription. 32
76	76	(c) Contingent upon the United States Federal Drug Administration’s (FDA’s) expansion 33
77	77	of its access program, patients with a serious or life-threatening mental or behavioral health 34
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81	81	disorder, who are without access to effective mental or behavioral health medication, may have 1
82	82	access to psilocybin at locations in Rhode Island approved by the Rhode Island department of 2
83	83	health. 3
84	84	SECTION 3. This act shall take effect upon passage. 4
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91	91	EXPLANATION
92	92	BY THE LEGISLATIVE COUNCIL
93	93	OF
94	94	A N A C T
95	95	RELATING TO FOOD AND DRUGS -- UNIFORM CONTROLLED S UBSTANCES ACT
96	96	***
97	97	This act would amend the current law on controlled substances to permit a person to be in 1
98	98	possession of less than one ounce of psilocybin. It would also permit psilocybin to be securely 2
99	99	cultivated within a person’s residence for personal use. The act would also, contingent on the US 3
100	100	FDA’s rescheduling and expanding its access program, mandate that the RI department of health 4
101	101	establish rules and regulations on the cultivation, distribution and medical prescription of 5
102	102	psilocybin. 6
103	103	This act would take effect upon passage. 7
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