Rhode Island 2025 Regular Session

Rhode Island House Bill H5938 Compare Versions

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55 2025 -- H 5938
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99 S T A T E O F R H O D E I S L A N D
1010 IN GENERAL ASSEMBLY
1111 JANUARY SESSION, A.D. 2025
1212 ____________
1313
1414 A N A C T
1515 RELATING TO FOOD AND DRUGS -- UNIFORM CONTROLLED SUBSTANCE S ACT --
1616 OFFENSES AND PENALTIES
1717 Introduced By: Representatives Hopkins, Place, Roberts, J. Brien, Bennett, Perez,
1818 Corvese, and Chippendale
1919 Date Introduced: February 28, 2025
2020 Referred To: House Judiciary
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2222
2323 It is enacted by the General Assembly as follows:
2424 SECTION 1. Sections 21-28-4.1.1 and 21-28-4.1.2 of the General Laws in Chapter 21-28 1
2525 entitled "Uniform Controlled Substances Act" are hereby amended to read as follows: 2
2626 21-28-4.01.1. Certain quantities of controlled substances. 3
2727 (a) Except as authorized by this chapter, it shall be unlawful for any person to manufacture, 4
2828 sell, or possess with intent to manufacture or sell, a controlled substance classified in schedule I or 5
2929 II (excluding marijuana) or to possess or deliver the following enumerated quantities of certain 6
3030 controlled substances: 7
3131 (1) One ounce (1 oz.) to one kilogram (1 kg.) of a mixture or substance containing a 8
3232 detectable amount of heroin; 9
3333 (2) One ounce (1 oz.) to one kilogram (1 kg.) of a mixture or substance containing a 10
3434 detectable amount of: 11
3535 (i) Coca leaves, except coca leaves and extracts of coca leaves from which cocaine, 12
3636 ecgonine, and derivatives of ecgonine or their salts have been removed; 13
3737 (ii) Cocaine, its salts, optical and geometric isomers, and salts of isomers; 14
3838 (iii) Ecgonine, its derivatives, their salts, isomers, and salts of isomers; or 15
3939 (iv) Any compound, mixture, or preparation that contains any quantity of any of the 16
4040 substances referred to in paragraphs (i) — (iii) of this subdivision; 17
4141 (3) One gram (1 g.) to ten grams (10 gs.) of phencyclidine (PCP) or one hundred (100) to 18
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4545 one thousand (1,000) tablets of a mixture or substance containing a detectable amount of 1
4646 phencyclidine (PCP); 2
4747 (4) One-tenth of a gram (0.1 g.) to one gram (1 g.) of lysergic acid diethylamide (LSD) or 3
4848 one hundred (100) to one thousand (1,000) tablets of a mixture or substance containing a detectable 4
4949 amount of lysergic acid diethylamide (LSD); 5
5050 (5) One kilogram (1 kg.) to five kilograms (5 kgs.) of a mixture containing a detectable 6
5151 amount of marijuana; 7
5252 (6) One ounce (1 oz.) to one kilogram (1 kg.) of a mixture or substance containing a 8
5353 detectable amount of synthetic drugs; or 9
5454 (7) One ounce (1 oz.) to one kilogram (1 kg.) of a mixture or substance containing a 10
5555 detectable amount at least ten percent (10%) of fentanyl or its analogs, including, but not limited 11
5656 to: N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide, its optical, positional, and geometric 12
5757 isomers, salts, and salts of isomers (acetyl fentanyl); N-(1-phenethylpiperidin-4-yl)-N-phenylfuran-13
5858 2carboxamide (furanyl fentanyl); and N-Phenethyl-4-piperidinone (4-AN-PP); or 14
5959 (8) One ounce (1 oz.) to one kilogram (1 kg.) of a mixture or substance containing a 15
6060 detectable amount of carfentanil; or 16
6161 (9) One ounce (1 oz.) to one kilogram (1 kg.) of 3,4-methyl-enedioxymethamphetamine 17
6262 (MDMA), its optical, positional, and geometric isomers, salts, and salts of isomers; or 18
6363 (10) One ounce (1 oz.) to one kilogram (1 kg.) of amphetamine, its salts, optical isomers, 19
6464 and salts of its optical isomers; or 20
6565 (11) One ounce (1 oz.) to one kilogram (1 kg.) of methamphetamine, its salts, and salts of 21
6666 its isomers. 22
6767 (b) Any person who violates this section shall be guilty of a crime, and upon conviction, 23
6868 may be imprisoned for a term up to fifty (50) years and fined not more than five hundred thousand 24
6969 dollars ($500,000). 25
7070 21-28-4.01.2. Certain quantities of controlled substances. 26
7171 (a) Except as authorized by the chapter, it shall be unlawful for any person to possess, 27
7272 manufacture, sell, or deliver the following enumerated quantities of certain controlled substances: 28
7373 (1) More than one kilogram (1 kg.) of a mixture or substance containing a detectable 29
7474 amount of heroin; 30
7575 (2) More than one kilogram (1 kg.) of a mixture or substance containing a detectable 31
7676 amount of: 32
7777 (i) Coca leaves, except coca leaves and extracts of coca leaves from which cocaine, 33
7878 ecgonine, and derivatives of ecgonine or their salts have been removed; 34
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8282 (ii) Cocaine, its salts, optical and geometric isomers, and salts of isomers; 1
8383 (iii) Ecgonine, its derivatives, their salts, isomers, and salts of isomers; or 2
8484 (iv) Any compound, mixture, or preparation that contains any quantity of any of the 3
8585 substances referred to in paragraphs (i) — (iii) of this subdivision; 4
8686 (3) More than ten grams (10 gs.) of phencyclidine (PCP) or more than one thousand (1,000) 5
8787 tablets of a mixture or substance containing a detectable amount of phencyclidine (PCP); 6
8888 (4) More than one gram (1 g.) of lysergic acid diethylamide (LSD); or more than one 7
8989 thousand (1,000) tablets of a mixture or substance containing a detectable amount of lysergic acid 8
9090 diethylamide (LSD); 9
9191 (5) More than five kilograms (5 kgs.) of a mixture containing a detectable amount of 10
9292 marijuana; 11
9393 (6) More than one kilogram (1 kg.) of a mixture or substance containing a detectable 12
9494 amount of synthetic drugs; or 13
9595 (7) More than one kilogram (1 kg.) of a mixture or substance containing a detectable 14
9696 amount at least ten percent (10%) of fentanyl or its analogs, including, but not limited to: N-(1-15
9797 phenethylpiperidin-4-yl)-N-phenylacetamide, its optical, positional, and geometric isomers, salts, 16
9898 and salts of isomers (acetyl fentanyl); N-(1-phenethylpiperidin-4-yl)-N-phenylfuran-2carboxamide 17
9999 (furanyl fentanyl); and N-Phenethyl-4-piperidinone (4-AN-PP); or 18
100100 (8) More than one kilogram (1 kg.) of a mixture or substance containing a detectable 19
101101 amount of carfentanil; or 20
102102 (9) More than one kilogram (1 kg.) of 3,4-methyl-enedioxymethamphetamine (MDMA), 21
103103 its optical, positional, and geometric isomers, salts, and salts of isomers; or 22
104104 (10) More than one kilogram (1 kg.) of amphetamine, its salts, optical isomers, and salts of 23
105105 its optical isomers; or 24
106106 (11) More than one kilogram (1 kg.) of methamphetamine, its salts, and salts of its isomers. 25
107107 (b) Any person who violates this section shall be guilty of a crime, and upon conviction, 26
108108 may be imprisoned for a term up to life and fined not more than one million dollars ($1,000,000). 27
109109 SECTION 2. This act shall take effect upon passage. 28
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116116 EXPLANATION
117117 BY THE LEGISLATIVE COUNCIL
118118 OF
119119 A N A C T
120120 RELATING TO FOOD AND DRUGS -- UNIFORM CONTROLLED SU BSTANCES ACT --
121121 OFFENSES AND PENALTIES
122122 ***
123123 This act would provide that possession of one ounce (1 oz.) to one kilogram (1 kg.) of a 1
124124 mixture or substance containing at least ten percent (10%) of fentanyl or its analogs would be 2
125125 punishable by up to fifty years imprisonment and possession of more than one kilogram (1 kg.) of 3
126126 a mixture or substance containing at least ten percent (10%) of fentanyl or its analogs would be 4
127127 punishable by up to life imprisonment. 5
128128 This act would take effect upon passage. 6
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