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| 4 | 4 | | |
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| 5 | 5 | | 2025 -- S 0542 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC000597 |
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| 8 | 8 | | ======== |
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| 9 | 9 | | S T A T E O F R H O D E I S L A N D |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2025 |
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| 12 | 12 | | ____________ |
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| 13 | 13 | | |
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| 14 | 14 | | A N A C T |
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| 15 | 15 | | RELATING TO FOOD AND DRUGS -- UNIFORM CONTROLLED SUBSTANCE S ACT -- |
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| 16 | 16 | | OFFENCES AND PENALTIES |
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| 17 | 17 | | Introduced By: Senators Bell, Mack, and Quezada |
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| 18 | 18 | | Date Introduced: February 26, 2025 |
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| 19 | 19 | | Referred To: Senate Judiciary |
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| 20 | 20 | | |
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| 21 | 21 | | |
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| 22 | 22 | | It is enacted by the General Assembly as follows: |
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| 23 | 23 | | SECTION 1. Sections 21-28-4.01, 21-28-4.01.1, 21-28-4.01.2, 21-28-4.02, 21-28-4.03, 1 |
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| 24 | 24 | | 21-28-4.05, 21-28-4.06, 21-28-4.09, 21-28-4.11, 21-28-4.13, 21-28-4.14, 21-28-4.15, and 21-28-2 |
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| 25 | 25 | | 4.18 of the General Laws in Chapter 21-28 entitled “Uniform Controlled Substances Act – Offenses 3 |
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| 26 | 26 | | and Penalties” are hereby amended to read as follows 4 |
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| 27 | 27 | | 21-28-4.01. Prohibited acts A — Penalties. 5 |
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| 28 | 28 | | (a)(1) Except as authorized by this chapter and chapters 28.6 and 28.11 of title 21, it shall 6 |
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| 29 | 29 | | be unlawful for any person to manufacture, deliver, or possess with intent to manufacture or deliver 7 |
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| 30 | 30 | | a controlled substance. 8 |
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| 31 | 31 | | (2) Any person who is not a drug-addicted person, as defined in § 21-28-1.02, who violates 9 |
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| 32 | 32 | | this subsection with respect to a controlled substance classified in schedule I or II, except the 10 |
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| 33 | 33 | | substance classified as marijuana, is guilty of a crime and, upon conviction, may be imprisoned to 11 |
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| 34 | 34 | | a term up to life or fined not more than five hundred thousand dollars ($500,000) nor less than for 12 |
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| 35 | 35 | | not more than ten (10) years or fined not more than ten thousand dollars ($10,000), or both. 13 |
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| 36 | 36 | | (3) Where the deliverance as prohibited in this subsection shall be the proximate cause of 14 |
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| 37 | 37 | | death to the person to whom the controlled substance is delivered, it shall not be a defense that the 15 |
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| 38 | 38 | | person delivering the substance was, at the time of delivery, a drug-addicted person as defined in § 16 |
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| 39 | 39 | | 21-28-1.02. 17 |
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| 40 | 40 | | (4) Any person, except as provided for in subsection (a)(2), who violates this subsection 18 |
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| 41 | 41 | | |
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| 42 | 42 | | |
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| 43 | 43 | | LC000597 - Page 2 of 16 |
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| 44 | 44 | | with respect to: 1 |
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| 45 | 45 | | (i) A controlled substance, classified in schedule I or II, is guilty of a crime and, upon 2 |
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| 46 | 46 | | conviction, may be imprisoned for not more than thirty (30) five (5) years, or fined not more than 3 |
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| 47 | 47 | | one hundred thousand dollars ($100,000) nor less than three thousand dollars ($3,000), or both; 4 |
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| 48 | 48 | | (ii) A controlled substance, classified in schedule III or IV, is guilty of a crime and, upon 5 |
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| 49 | 49 | | conviction, may be imprisoned for not more than twenty (20) five (5) years, or fined not more than 6 |
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| 50 | 50 | | forty thousand dollars ($40,000) ten thousand dollars ($10,000), or both; provided, with respect to 7 |
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| 51 | 51 | | a controlled substance classified in schedule III(d), upon conviction may be imprisoned for not 8 |
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| 52 | 52 | | more than five (5) three (3) years, or fined not more than twenty thousand dollars ($20,000) five 9 |
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| 53 | 53 | | thousand dollars ($5,000), or both. 10 |
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| 54 | 54 | | (iii) A controlled substance, classified in schedule V, is guilty of a crime and, upon 11 |
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| 55 | 55 | | conviction, may be imprisoned for not more than one year six (6) months, or fined not more than 12 |
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| 56 | 56 | | ten thousand dollars ($10,000) three thousand dollars ($3,000), or both. 13 |
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| 57 | 57 | | (b)(1) Except as authorized by this chapter, it is unlawful for any person to create, deliver, 14 |
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| 58 | 58 | | or possess with intent to deliver, a counterfeit substance. 15 |
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| 59 | 59 | | (2) Any person who violates this subsection with respect to: 16 |
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| 60 | 60 | | (i) A counterfeit substance, classified in schedule I or II, is guilty of a crime and, upon 17 |
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| 61 | 61 | | conviction, may be imprisoned for not more than thirty (30) five (5) years, or fined not more than 18 |
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| 62 | 62 | | one hundred thousand dollars ($100,000) ten thousand dollars ($10,000), or both; 19 |
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| 63 | 63 | | (ii) A counterfeit substance, classified in schedule III or IV, is guilty of a crime and, upon 20 |
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| 64 | 64 | | conviction, may be imprisoned for not more than twenty (20) five (5) years, or fined not more than 21 |
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| 65 | 65 | | forty thousand dollars ($40,000) ten thousand dollars ($10,000), or both; provided, with respect to 22 |
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| 66 | 66 | | a controlled substance classified in schedule III(d), upon conviction may be imprisoned for not 23 |
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| 67 | 67 | | more than five (5) two (2) years, or fined not more than twenty thousand dollars ($20,000) three 24 |
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| 68 | 68 | | thousand dollars ($3,000), or both. 25 |
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| 69 | 69 | | (iii) A counterfeit substance, classified in schedule V, is guilty of a crime and, upon 26 |
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| 70 | 70 | | conviction, may be imprisoned for not more than one year six (6) months, or fined not more than 27 |
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| 71 | 71 | | ten thousand dollars ($10,000) three thousand dollars ($3,000), or both. 28 |
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| 72 | 72 | | (c)(1) It shall be unlawful for any person knowingly or intentionally to possess a controlled 29 |
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| 73 | 73 | | substance, unless the substance was obtained directly from, or pursuant to, a valid prescription or 30 |
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| 74 | 74 | | order of a practitioner while acting in the course of his or her professional practice, or except as 31 |
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| 75 | 75 | | otherwise authorized by this chapter or chapters 28.6 and 28.11 of title 21. 32 |
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| 76 | 76 | | (2) Any person who violates this subsection with respect to: 33 |
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| 77 | 77 | | (i) Except as otherwise provided in §§ 21-28-4.01.1 and 21-28-4.01.2, ten grams (10 g.) or 34 |
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| 78 | 78 | | |
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| 79 | 79 | | |
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| 80 | 80 | | LC000597 - Page 3 of 16 |
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| 81 | 81 | | less of a mixture or substance containing a detectable amount of a controlled substance classified 1 |
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| 82 | 82 | | in schedules I, II, III, IV, and V, except buprenorphine and the substance classified as marijuana, 2 |
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| 83 | 83 | | is guilty of a misdemeanor and, upon conviction, may be imprisoned for not more than two (2) 3 |
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| 84 | 84 | | years six (6) months, or fined not more than five hundred dollars ($500) or both. 4 |
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| 85 | 85 | | (ii) Except as otherwise provided in §§ 21-28-4.01.1 and 21-28-4.01.2, more than ten grams 5 |
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| 86 | 86 | | (10 g.), but less than one ounce (1 oz.) of a mixture or substance containing a detectable amount of 6 |
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| 87 | 87 | | a controlled substance classified in schedules I, II and III, IV, and V, except buprenorphine and the 7 |
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| 88 | 88 | | substance classified as marijuana, is guilty of a felony misdemeanor and, upon conviction, may be 8 |
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| 89 | 89 | | imprisoned for not more than three (3) years three hundred sixty-four days (364), or fined not more 9 |
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| 90 | 90 | | than five thousand dollars ($5,000) two thousand five hundred dollars ($2,500), or both. 10 |
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| 91 | 91 | | (iii) Except as otherwise provided in §§ 21-28-4.01.1 and 21-28-4.01.2, more than two 11 |
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| 92 | 92 | | ounces (2 oz.) or the equivalent amount in the form of cannabis concentrate of a controlled 12 |
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| 93 | 93 | | substance classified in schedule I as marijuana is guilty of a misdemeanor unless possessed inside 13 |
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| 94 | 94 | | one’s own primary residence, except for those persons subject to (a)(1), and, upon conviction, may 14 |
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| 95 | 95 | | be imprisoned for not more than one year six (6) months, or fined not more than five hundred 15 |
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| 96 | 96 | | dollars ($500), or both. Exclusive of live marijuana plants, more than ten ounces (10 oz.) of a 16 |
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| 97 | 97 | | controlled substance classified in schedule I as marijuana or the equivalent amount in the form of 17 |
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| 98 | 98 | | cannabis concentrate, when possessed within one’s personal residence is guilty of a misdemeanor, 18 |
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| 99 | 99 | | except for those persons subject to (a)(1), and, upon conviction, may be imprisoned for not more 19 |
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| 100 | 100 | | than one year six (6) months, or fined not less than two hundred dollars ($200) nor more than five 20 |
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| 101 | 101 | | hundred dollars ($500), or both. 21 |
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| 102 | 102 | | Possession of live marijuana plants in excess of the number authorized pursuant to § 21-22 |
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| 103 | 103 | | 28.11-22 but less than twenty-five (25) marijuana plants is guilty of a misdemeanor, except for 23 |
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| 104 | 104 | | those persons subject to (a)(1) and, upon conviction, may be imprisoned for not more than one year 24 |
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| 105 | 105 | | six (6) months, or fined not less than two hundred dollars ($200) nor more than five hundred dollars 25 |
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| 106 | 106 | | ($500), or both. 26 |
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| 107 | 107 | | Possession of twenty-five (25) or more live marijuana plants is guilty of a felony 27 |
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| 108 | 108 | | misdemeanor, except for those persons subject to (a)(1), and upon conviction, may be imprisoned 28 |
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| 109 | 109 | | for not more than three (3) years three hundred sixty-four (364) days or fined not more than five 29 |
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| 110 | 110 | | thousand dollars ($5,000) two thousand five hundred dollars ($2,500), or both. 30 |
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| 111 | 111 | | (iv) Notwithstanding any public, special, or general law to the contrary, and except as 31 |
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| 112 | 112 | | otherwise provided in §§ 21-28-4.01.1 and 21-28-4.01.2, the possession of more than one ounce (1 32 |
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| 113 | 113 | | oz.) but not more than two ounces (2 oz.) of marijuana or the equivalent amount in the form of 33 |
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| 114 | 114 | | cannabis concentrate by a person who is at least twenty-one (21) years old, and who is not exempted 34 |
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| 115 | 115 | | |
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| 116 | 116 | | |
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| 117 | 117 | | LC000597 - Page 4 of 16 |
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| 118 | 118 | | from penalties pursuant to chapter 28.6 of this title, shall constitute a civil offense, rendering the 1 |
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| 119 | 119 | | offender liable to a civil penalty in the amount of one hundred fifty dollars ($150) one hundred 2 |
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| 120 | 120 | | dollars ($100) and forfeiture of the marijuana, but not to any other form of criminal or civil 3 |
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| 121 | 121 | | punishment or disqualification. Notwithstanding any public, special, or general law to the contrary, 4 |
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| 122 | 122 | | this civil penalty of one hundred fifty dollars ($150) one hundred dollars ($100) and forfeiture of 5 |
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| 123 | 123 | | the marijuana shall apply if the offense is the first (1st) or second (2nd) violation within the previous 6 |
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| 124 | 124 | | eighteen (18) months. 7 |
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| 125 | 125 | | (v) Notwithstanding any public, special, or general law to the contrary, possession of two 8 |
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| 126 | 126 | | ounces (2 oz.) or less of marijuana or the equivalent amount in the form of cannabis concentrate by 9 |
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| 127 | 127 | | a person between seventeen (17) and twenty (20) years old, and who is not exempted from penalties 10 |
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| 128 | 128 | | pursuant to chapter 28.6 of this title, shall constitute a civil offense, rendering the offender liable to 11 |
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| 129 | 129 | | a civil penalty in the amount of one hundred fifty dollars ($150) one hundred dollars ($100) and 12 |
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| 130 | 130 | | forfeiture of the marijuana; provided the minor offender completes an approved, drug-awareness 13 |
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| 131 | 131 | | program and community service as determined by the court. If the person seventeen (17) years of 14 |
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| 132 | 132 | | age or older and under the age of eighteen (18) years fails to complete an approved, drug-awareness 15 |
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| 133 | 133 | | program and community service within one year of the disposition, the penalty shall be a three 16 |
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| 134 | 134 | | hundred dollar ($300) two hundred dollar ($200) civil fine and forfeiture of the marijuana, except 17 |
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| 135 | 135 | | that if no drug-awareness program or community service is available, the penalty shall be a fine of 18 |
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| 136 | 136 | | one hundred fifty dollars ($150) one hundred dollars ($100) and forfeiture of the marijuana. The 19 |
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| 137 | 137 | | parents or legal guardian of any offender seventeen (17) years of age or older and under the age of 20 |
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| 138 | 138 | | eighteen (18) shall be notified of the offense and the availability of a drug-awareness and 21 |
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| 139 | 139 | | community-service program. The drug-awareness program must be approved by the court, but 22 |
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| 140 | 140 | | shall, at a minimum, provide four (4) hours of instruction or group discussion and ten (10) hours of 23 |
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| 141 | 141 | | community service. Notwithstanding any other public, special, or general law to the contrary, this 24 |
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| 142 | 142 | | civil penalty shall apply if the offense is the first or second violation within the previous eighteen 25 |
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| 143 | 143 | | (18) months. 26 |
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| 144 | 144 | | (vi) [Deleted by P.L. 2022, ch. 31, § 10 and P.L. 2022, ch. 32, § 10.] 27 |
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| 145 | 145 | | (vii) Any unpaid civil fine issued under (c)(2)(iv) or (c)(2)(v) shall double to three hundred 28 |
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| 146 | 146 | | dollars ($300) two hundred dollars ($200) if not paid within thirty (30) days of the disposition. The 29 |
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| 147 | 147 | | civil fine shall double again to six hundred dollars ($600) four hundred dollars ($400) if it has not 30 |
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| 148 | 148 | | been paid within ninety (90) days. 31 |
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| 149 | 149 | | (viii) No person may be arrested for a violation of (c)(2)(iv) or (c)(2)(v) of this subsection 32 |
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| 150 | 150 | | except as provided in this subparagraph. Any person in possession of an identification card, license, 33 |
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| 151 | 151 | | or other form of identification issued by the state or any state, city, or town, or any college or 34 |
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| 152 | 152 | | |
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| 153 | 153 | | |
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| 154 | 154 | | LC000597 - Page 5 of 16 |
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| 155 | 155 | | university, who fails to produce the same upon request of a police officer who informs the person 1 |
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| 156 | 156 | | that he or she has been found in possession of what appears to the officer to be more than one ounce 2 |
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| 157 | 157 | | (1 oz.) of marijuana, or the equivalent amount in the form of cannabis concentrate or any person 3 |
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| 158 | 158 | | without any such forms of identification who fails or refuses to truthfully provide his or her name, 4 |
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| 159 | 159 | | address, and date of birth to a police officer who has informed such person that the officer intends 5 |
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| 160 | 160 | | to provide such individual with a citation for possession of more than one ounce (1 oz.) but less 6 |
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| 161 | 161 | | than two ounces (2 oz.) of marijuana or the equivalent amount in the form of cannabis concentrate, 7 |
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| 162 | 162 | | may be arrested. 8 |
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| 163 | 163 | | (ix) No violation of (c)(2)(iv) or (c)(2)(v) of this subsection shall be considered a violation 9 |
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| 164 | 164 | | of parole or probation. 10 |
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| 165 | 165 | | (x) Any records collected by any state agency, tribunal, or the family court that include 11 |
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| 166 | 166 | | personally identifiable information about violations of (c)(2)(iv) or (c)(2)(v) shall not be open to 12 |
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| 167 | 167 | | public inspection in accordance with § 8-8.2-21. 13 |
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| 168 | 168 | | (3) Jurisdiction. 14 |
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| 169 | 169 | | (i) Any and all adjudications of violations of (c)(2)(i) shall be within the original 15 |
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| 170 | 170 | | jurisdiction of the Rhode Island superior court. The department of attorney general shall prosecute 16 |
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| 171 | 171 | | any and all violations of (c)(2)(i). 17 |
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| 172 | 172 | | (ii) Any and all violations of (c)(2)(iv) and (c)(2)(v) shall be the exclusive jurisdiction of 18 |
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| 173 | 173 | | the Rhode Island traffic tribunal. All money associated with the civil fine issued under (c)(2)(iv) or 19 |
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| 174 | 174 | | (c)(2)(v) shall be payable to the Rhode Island traffic tribunal. Fifty percent (50%) of all fines 20 |
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| 175 | 175 | | collected by the Rhode Island traffic tribunal from civil penalties issued pursuant to (c)(2)(iv) or 21 |
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| 176 | 176 | | (c)(2)(v) shall be expended on drug-awareness and treatment programs for youth. 22 |
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| 177 | 177 | | (4) Additionally, every person convicted or who pleads nolo contendere under (c)(2)(i) or 23 |
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| 178 | 178 | | (c)(2)(ii) or convicted or who pleads nolo contendere a second or subsequent time under (c)(2)(iii), 24 |
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| 179 | 179 | | who is not sentenced to a term of imprisonment to serve for the offense, shall be required to: 25 |
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| 180 | 180 | | (i) Perform up to one hundred (100) hours of community service; 26 |
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| 181 | 181 | | (ii) Attend and complete a drug-counseling and education program, as prescribed, by the 27 |
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| 182 | 182 | | director of the department of behavioral healthcare, developmental disabilities and hospitals 28 |
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| 183 | 183 | | (BHDDH) similar to that in § 21-28.11-27.2, and pay the sum of four hundred dollars ($400) to 29 |
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| 184 | 184 | | help defray the costs of this program which shall be deposited as general revenues. Failure to attend 30 |
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| 185 | 185 | | may result, after hearing by the court, in jail sentence up to one year; 31 |
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| 186 | 186 | | (iii) The court shall not suspend any part or all of the imposition of the fee required by this 32 |
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| 187 | 187 | | subsection, unless the court finds an inability to pay; 33 |
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| 188 | 188 | | (iv) If the offense involves the use of any automobile to transport the substance or the 34 |
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| 189 | 189 | | |
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| 190 | 190 | | |
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| 191 | 191 | | LC000597 - Page 6 of 16 |
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| 192 | 192 | | substance is found within an automobile, then a person convicted or who pleads nolo contendere 1 |
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| 193 | 193 | | 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) 2 |
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| 194 | 194 | | months for a first offense and one year for each offense after. 3 |
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| 195 | 195 | | (5) All fees assessed and collected pursuant to (c)(2)(iii) shall be deposited as general 4 |
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| 196 | 196 | | revenues and shall be collected from the person convicted or who pleads nolo contendere before 5 |
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| 197 | 197 | | any other fines authorized by this chapter. 6 |
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| 198 | 198 | | (d) It shall be unlawful for any person to manufacture, distribute, or possess with intent to 7 |
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| 199 | 199 | | manufacture or distribute, an imitation controlled substance. Any person who violates this 8 |
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| 200 | 200 | | subsection is guilty of a crime and, upon conviction, shall be subject to the same term of 9 |
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| 201 | 201 | | imprisonment and/or fine as provided by this chapter for the manufacture or distribution of the 10 |
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| 202 | 202 | | controlled substance that the particular imitation controlled substance forming the basis of the 11 |
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| 203 | 203 | | prosecution was designed to resemble and/or represented to be; but in no case shall the 12 |
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| 204 | 204 | | imprisonment be for more than five (5) years nor the fine for more than twenty thousand dollars 13 |
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| 205 | 205 | | ($20,000) ten thousand dollars ($10,000). 14 |
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| 206 | 206 | | (e) It shall be unlawful for a practitioner to prescribe, order, distribute, supply, or sell an 15 |
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| 207 | 207 | | anabolic steroid or human growth hormone for: (1) Enhancing performance in an exercise, sport, 16 |
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| 208 | 208 | | or game, or (2) Hormonal manipulation intended to increase muscle mass, strength, or weight 17 |
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| 209 | 209 | | without a medical necessity. Any person who violates this subsection is guilty of a misdemeanor 18 |
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| 210 | 210 | | and, upon conviction, may be imprisoned for not more than six (6) months or a fine of not more 19 |
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| 211 | 211 | | than one thousand dollars ($1,000), or both. 20 |
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| 212 | 212 | | (f) It is unlawful for any person to knowingly or intentionally possess, manufacture, 21 |
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| 213 | 213 | | distribute, or possess with intent to manufacture or distribute, any extract, compound, salt 22 |
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| 214 | 214 | | derivative, or mixture of salvia divinorum or datura stramonium or its extracts unless the person is 23 |
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| 215 | 215 | | exempt pursuant to the provisions of § 21-28-3.30. Notwithstanding any laws to the contrary, any 24 |
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| 216 | 216 | | person who violates this section is guilty of a misdemeanor and, upon conviction, may be 25 |
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| 217 | 217 | | imprisoned for not more than one year six (6) months, or fined not more than one thousand dollars 26 |
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| 218 | 218 | | ($1,000) five hundred dollars ($500), or both. The provisions of this section shall not apply to 27 |
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| 219 | 219 | | licensed physicians, pharmacists, and accredited hospitals and teaching facilities engaged in the 28 |
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| 220 | 220 | | research or study of salvia divinorum or datura stramonium and shall not apply to any person 29 |
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| 221 | 221 | | participating in clinical trials involving the use of salvia divinorum or datura stramonium. 30 |
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| 222 | 222 | | 21-28-4.01.1. Certain quantities of controlled substances. 31 |
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| 223 | 223 | | (a) Except as authorized by this chapter, it shall be unlawful for any person to manufacture, 32 |
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| 224 | 224 | | sell, or possess with intent to manufacture or sell, a controlled substance classified in schedule I or 33 |
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| 225 | 225 | | II (excluding marijuana) or to possess or deliver the following enumerated quantities of certain 34 |
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| 226 | 226 | | |
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| 227 | 227 | | |
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| 228 | 228 | | LC000597 - Page 7 of 16 |
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| 229 | 229 | | controlled substances: 1 |
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| 230 | 230 | | (1) One ounce (1 oz.) to one kilogram (1 kg.) of a mixture or substance containing a 2 |
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| 231 | 231 | | detectable amount of heroin; 3 |
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| 232 | 232 | | (2) One ounce (1 oz.) to one kilogram (1 kg.) of a mixture or substance containing a 4 |
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| 233 | 233 | | detectable amount of: 5 |
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| 234 | 234 | | (i) Coca leaves, except coca leaves and extracts of coca leaves from which cocaine, 6 |
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| 235 | 235 | | ecgonine, and derivatives of ecgonine or their salts have been removed; 7 |
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| 236 | 236 | | (ii) Cocaine, its salts, optical and geometric isomers, and salts of isomers; 8 |
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| 237 | 237 | | (iii) Ecgonine, its derivatives, their salts, isomers, and salts of isomers; or 9 |
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| 238 | 238 | | (iv) Any compound, mixture, or preparation that contains any quantity of any of the 10 |
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| 239 | 239 | | substances referred to in paragraphs (i) — (iii) of this subdivision; 11 |
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| 240 | 240 | | (3) One gram (1 g.) to ten grams (10 gs.) of phencyclidine (PCP) or one hundred (100) to 12 |
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| 241 | 241 | | one thousand (1,000) tablets of a mixture or substance containing a detectable amount of 13 |
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| 242 | 242 | | phencyclidine (PCP); 14 |
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| 243 | 243 | | (4) One-tenth of a gram (0.1 g.) to one gram (1 g.) of lysergic acid diethylamide (LSD) or 15 |
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| 244 | 244 | | one hundred (100) to one thousand (1,000) tablets of a mixture or substance containing a detectable 16 |
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| 245 | 245 | | amount of lysergic acid diethylamide (LSD); 17 |
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| 246 | 246 | | (5) One kilogram (1 kg.) to five kilograms (5 kgs.) of a mixture containing a detectable 18 |
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| 247 | 247 | | amount of marijuana; 19 |
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| 248 | 248 | | (6) One ounce (1 oz.) to one kilogram (1 kg.) of a mixture or substance containing a 20 |
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| 249 | 249 | | detectable amount of synthetic drugs; or 21 |
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| 250 | 250 | | (7) One ounce (1 oz.) to one kilogram (1 kg.) of a mixture or substance containing a 22 |
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| 251 | 251 | | detectable amount of fentanyl or its analogs, including, but not limited to: N-(1-phenethylpiperidin-23 |
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| 252 | 252 | | 4-yl)-N-phenylacetamide, its optical, positional, and geometric isomers, salts, and salts of isomers 24 |
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| 253 | 253 | | (acetyl fentanyl); N-(1-phenethylpiperidin-4-yl)-N-phenylfuran-2carboxamide (furanyl fentanyl); 25 |
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| 254 | 254 | | and N-Phenethyl-4-piperidinone (4-AN-PP); or 26 |
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| 255 | 255 | | (8) One ounce (1 oz.) to one kilogram (1 kg.) of a mixture or substance containing a 27 |
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| 256 | 256 | | detectable amount of carfentanil; or 28 |
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| 257 | 257 | | (9) One ounce (1 oz.) to one kilogram (1 kg.) of 3,4-methyl-enedioxymethamphetamine 29 |
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| 258 | 258 | | (MDMA), its optical, positional, and geometric isomers, salts, and salts of isomers; or 30 |
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| 259 | 259 | | (10) One ounce (1 oz.) to one kilogram (1 kg.) of amphetamine, its salts, optical isomers, 31 |
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| 260 | 260 | | and salts of its optical isomers; or 32 |
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| 261 | 261 | | (11) One ounce (1 oz.) to one kilogram (1 kg.) of methamphetamine, its salts, and salts of 33 |
|---|
| 262 | 262 | | its isomers. 34 |
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| 263 | 263 | | |
|---|
| 264 | 264 | | |
|---|
| 265 | 265 | | LC000597 - Page 8 of 16 |
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| 266 | 266 | | (b) Any person who violates this section shall be guilty of a crime, and upon conviction, 1 |
|---|
| 267 | 267 | | may be imprisoned for a term up to fifty (50) ten (10) years and fined not more than five hundred 2 |
|---|
| 268 | 268 | | thousand dollars ($500,000) ten thousand dollars ($10,000). 3 |
|---|
| 269 | 269 | | 21-28-4.01.2. Certain quantities of controlled substances. 4 |
|---|
| 270 | 270 | | (a) Except as authorized by the chapter, it shall be unlawful for any person to possess, 5 |
|---|
| 271 | 271 | | manufacture, sell, or deliver the following enumerated quantities of certain controlled substances: 6 |
|---|
| 272 | 272 | | (1) More than one kilogram (1 kg.) of a mixture or substance containing a detectable 7 |
|---|
| 273 | 273 | | amount of heroin; 8 |
|---|
| 274 | 274 | | (2) More than one kilogram (1 kg.) of a mixture or substance containing a detectable 9 |
|---|
| 275 | 275 | | amount of: 10 |
|---|
| 276 | 276 | | (i) Coca leaves, except coca leaves and extracts of coca leaves from which cocaine, 11 |
|---|
| 277 | 277 | | ecgonine, and derivatives of ecgonine or their salts have been removed; 12 |
|---|
| 278 | 278 | | (ii) Cocaine, its salts, optical and geometric isomers, and salts of isomers; 13 |
|---|
| 279 | 279 | | (iii) Ecgonine, its derivatives, their salts, isomers, and salts of isomers; or 14 |
|---|
| 280 | 280 | | (iv) Any compound, mixture, or preparation that contains any quantity of any of the 15 |
|---|
| 281 | 281 | | substances referred to in paragraphs (i) — (iii) of this subdivision; 16 |
|---|
| 282 | 282 | | (3) More than ten grams (10 gs.) of phencyclidine (PCP) or more than one thousand (1,000) 17 |
|---|
| 283 | 283 | | tablets of a mixture or substance containing a detectable amount of phencyclidine (PCP); 18 |
|---|
| 284 | 284 | | (4) More than one gram (1 g.) of lysergic acid diethylamide (LSD); or more than one 19 |
|---|
| 285 | 285 | | thousand (1,000) tablets of a mixture or substance containing a detectable amount of lysergic acid 20 |
|---|
| 286 | 286 | | diethylamide (LSD); 21 |
|---|
| 287 | 287 | | (5) More than five kilograms (5 kgs.) of a mixture containing a detectable amount of 22 |
|---|
| 288 | 288 | | marijuana; 23 |
|---|
| 289 | 289 | | (6) More than one kilogram (1 kg.) of a mixture or substance containing a detectable 24 |
|---|
| 290 | 290 | | amount of synthetic drugs; or 25 |
|---|
| 291 | 291 | | (7) More than one kilogram (1 kg.) of a mixture or substance containing a detectable 26 |
|---|
| 292 | 292 | | amount of fentanyl or its analogs, including, but not limited to: N-(1-phenethylpiperidin-4-yl)-N-27 |
|---|
| 293 | 293 | | phenylacetamide, its optical, positional, and geometric isomers, salts, and salts of isomers (acetyl 28 |
|---|
| 294 | 294 | | fentanyl); N-(1-phenethylpiperidin-4-yl)-N-phenylfuran-2carboxamide (furanyl fentanyl); and N-29 |
|---|
| 295 | 295 | | Phenethyl-4-piperidinone (4-AN-PP); or 30 |
|---|
| 296 | 296 | | (8) More than one kilogram (1 kg.) of a mixture or substance containing a detectable 31 |
|---|
| 297 | 297 | | amount of carfentanil; or 32 |
|---|
| 298 | 298 | | (9) More than one kilogram (1 kg.) of 3,4-methyl-enedioxymethamphetamine (MDMA), 33 |
|---|
| 299 | 299 | | its optical, positional, and geometric isomers, salts, and salts of isomers; or 34 |
|---|
| 300 | 300 | | |
|---|
| 301 | 301 | | |
|---|
| 302 | 302 | | LC000597 - Page 9 of 16 |
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| 303 | 303 | | (10) More than one kilogram (1 kg.) of amphetamine, its salts, optical isomers, and salts of 1 |
|---|
| 304 | 304 | | its optical isomers; or 2 |
|---|
| 305 | 305 | | (11) More than one kilogram (1 kg.) of methamphetamine, its salts, and salts of its isomers. 3 |
|---|
| 306 | 306 | | (b) Any person who violates this section shall be guilty of a crime, and upon conviction, 4 |
|---|
| 307 | 307 | | may be imprisoned for a term up to life ten (10) years and fined not more than one million twenty 5 |
|---|
| 308 | 308 | | thousand dollars ($1,000,000) ($20,000). 6 |
|---|
| 309 | 309 | | 21-28-4.02. Prohibited acts B — Penalties. 7 |
|---|
| 310 | 310 | | (a) It shall be unlawful for any person: 8 |
|---|
| 311 | 311 | | (1) Who is subject to article III to distribute or dispense a controlled substance in violation 9 |
|---|
| 312 | 312 | | of § 21-28-3.18; 10 |
|---|
| 313 | 313 | | (2) Who is a registrant to manufacture a controlled substance not authorized by his or her 11 |
|---|
| 314 | 314 | | registration, or to distribute or dispense a controlled substance not authorized by his or her 12 |
|---|
| 315 | 315 | | registration to another registrant or other authorized person; 13 |
|---|
| 316 | 316 | | (3) To refuse or fail to make, keep, or furnish any record, notification, order form, 14 |
|---|
| 317 | 317 | | statement, invoice or information required under this chapter; 15 |
|---|
| 318 | 318 | | (4) To refuse an entry into any premises for any inspection authorized by this chapter. 16 |
|---|
| 319 | 319 | | (b) Any person who violates this section is guilty of a crime and upon conviction may be 17 |
|---|
| 320 | 320 | | imprisoned for not more than five (5) two (2) years, or fined not more than five thousand dollars 18 |
|---|
| 321 | 321 | | ($5,000) two thousand dollars ($2,000), or both. 19 |
|---|
| 322 | 322 | | 21-28-4.03. Prohibited acts C — Penalties. 20 |
|---|
| 323 | 323 | | (a) It is unlawful for any person knowingly or intentionally: 21 |
|---|
| 324 | 324 | | (1) To distribute as a registrant a controlled substance, except pursuant to an order form as 22 |
|---|
| 325 | 325 | | required by § 21-28-3.10; 23 |
|---|
| 326 | 326 | | (2) To use in the course of the manufacture or distribution of a controlled substance a 24 |
|---|
| 327 | 327 | | registration number, which is fictitious, revoked, suspended, or issued to another person; 25 |
|---|
| 328 | 328 | | (3) To acquire or obtain possession of a controlled substance by misrepresentation, fraud, 26 |
|---|
| 329 | 329 | | forgery, deception, or subterfuge; 27 |
|---|
| 330 | 330 | | (4) To furnish false or fraudulent material information in, or omit any material information 28 |
|---|
| 331 | 331 | | from, any application, report, or other document required to be kept or filed under this chapter or 29 |
|---|
| 332 | 332 | | any record required to be kept by this chapter; or 30 |
|---|
| 333 | 333 | | (5) To make, distribute, or possess any punch, die, plate, stone, or other thing designed to 31 |
|---|
| 334 | 334 | | print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or device 32 |
|---|
| 335 | 335 | | of another or any likeness of any of these upon any drug or container or labeling of the drug or 33 |
|---|
| 336 | 336 | | container so as to render the drug a counterfeit substance. 34 |
|---|
| 337 | 337 | | |
|---|
| 338 | 338 | | |
|---|
| 339 | 339 | | LC000597 - Page 10 of 16 |
|---|
| 340 | 340 | | (b) Any person who violates this chapter is guilty of a crime and upon conviction may be 1 |
|---|
| 341 | 341 | | imprisoned for not more than five (5) two (2) years, or fined not more than five thousand dollars 2 |
|---|
| 342 | 342 | | ($5,000) two thousand dollars ($2,000), or both. 3 |
|---|
| 343 | 343 | | 21-28-4.05. Prohibited acts E — False representations to obtain controlled substances. 4 |
|---|
| 344 | 344 | | (a) No person shall obtain or attempt to obtain a controlled substance or procure or attempt 5 |
|---|
| 345 | 345 | | to procure the administration of a controlled substance: 6 |
|---|
| 346 | 346 | | (1) By fraud, deceit, misrepresentation, or subterfuge; 7 |
|---|
| 347 | 347 | | (2) By the forgery or alteration of a prescription or of any written order; 8 |
|---|
| 348 | 348 | | (3) By the concealment of material fact; or 9 |
|---|
| 349 | 349 | | (4) By the use of a false name or the giving of a false address. 10 |
|---|
| 350 | 350 | | (b) Information communicated to a physician in an unlawful effort to procure the 11 |
|---|
| 351 | 351 | | administration of a controlled substance shall not be deemed a privileged communication. 12 |
|---|
| 352 | 352 | | (c) No person shall willfully make a false statement in any prescription, order, report, or 13 |
|---|
| 353 | 353 | | record, required by this chapter. 14 |
|---|
| 354 | 354 | | (d) No person shall, for the purpose of obtaining a controlled substance, falsely assume the 15 |
|---|
| 355 | 355 | | title of, or represent himself or herself to be, a manufacturer, wholesaler, practitioner, or other 16 |
|---|
| 356 | 356 | | authorized person. 17 |
|---|
| 357 | 357 | | (e) No person shall make or utter any false or forged prescription or false or forged written 18 |
|---|
| 358 | 358 | | order for controlled substances. 19 |
|---|
| 359 | 359 | | (f) No person shall affix any false or forged label to a package or receptacle containing 20 |
|---|
| 360 | 360 | | controlled substances. 21 |
|---|
| 361 | 361 | | (g) Any person who violates this section is guilty of a crime and upon conviction may be 22 |
|---|
| 362 | 362 | | imprisoned for not more than five (5) two (2) years, and fined not more than ten thousand dollars 23 |
|---|
| 363 | 363 | | ($10,000) two thousand dollars ($2,000), or both. 24 |
|---|
| 364 | 364 | | 21-28-4.06. Prohibited acts F — Places used for unlawful sale, use, or keeping of 25 |
|---|
| 365 | 365 | | controlled substances. 26 |
|---|
| 366 | 366 | | (a) Any store, shop, warehouse, building, vehicle, aircraft, vessel, or any place which is 27 |
|---|
| 367 | 367 | | used for the unlawful sale, use, or keeping of a controlled substance shall be deemed a common 28 |
|---|
| 368 | 368 | | nuisance. 29 |
|---|
| 369 | 369 | | (b) Any person who violates this section with respect to: 30 |
|---|
| 370 | 370 | | (1) Knowingly keeping and maintaining a common nuisance as described in subsection (a) 31 |
|---|
| 371 | 371 | | may be imprisoned for not more than five (5) two (2) years, and fined not more than five thousand 32 |
|---|
| 372 | 372 | | dollars ($5,000) two thousand dollars ($2,000), or both; 33 |
|---|
| 373 | 373 | | (2) Knowingly permitting any store, shop, warehouse, building, vehicle, aircraft, vessel, or 34 |
|---|
| 374 | 374 | | |
|---|
| 375 | 375 | | |
|---|
| 376 | 376 | | LC000597 - Page 11 of 16 |
|---|
| 377 | 377 | | any place which is owned or controlled by him or her to be used as a common nuisance may be 1 |
|---|
| 378 | 378 | | imprisoned for not more than fifteen (15) four (4) years, and fined not more than twenty thousand 2 |
|---|
| 379 | 379 | | dollars ($20,000) five thousand dollars ($5,000), or both; 3 |
|---|
| 380 | 380 | | (3) Knowingly visiting a common nuisance as described in subsection (a) for the purpose 4 |
|---|
| 381 | 381 | | of using or taking in any manner any controlled substance may be imprisoned for not more than 5 |
|---|
| 382 | 382 | | one year six (6) months and fined not more than five hundred dollars ($500). 6 |
|---|
| 383 | 383 | | 21-28-4.09. General penalty clause. 7 |
|---|
| 384 | 384 | | Any person who violates any provision of this chapter, the penalty for which is not 8 |
|---|
| 385 | 385 | | specified in this chapter, and of the rules and regulations of the director of health made under 9 |
|---|
| 386 | 386 | | authority of this chapter, shall be sentenced to a term of imprisonment of not more than one year 10 |
|---|
| 387 | 387 | | six (6) months, a fine of five hundred dollars ($500), or both. 11 |
|---|
| 388 | 388 | | 21-28-4.11. Second offenses. 12 |
|---|
| 389 | 389 | | (a) Any person convicted of a second offense under this chapter, except for violations of § 13 |
|---|
| 390 | 390 | | 21-28-4.01(c)(2)(i), § 21-28-4.01(c)(2)(iii), § 21-28-4.01(c)(2)(iv), § 21-28-4.01(c)(2)(v), or § 21-14 |
|---|
| 391 | 391 | | 28-4.01(c)(2)(vi), may be imprisoned for a term that may be increased by twenty-five percent 15 |
|---|
| 392 | 392 | | (25%) of up to twice the term authorized, fined an additional twenty-five percent (25%) of amount 16 |
|---|
| 393 | 393 | | up to twice that authorized, or both. 17 |
|---|
| 394 | 394 | | (b) For purposes of this section, an offense is considered a second offense if, prior to his or 18 |
|---|
| 395 | 395 | | her conviction of the offense, the offender has at any time been convicted under this chapter, except 19 |
|---|
| 396 | 396 | | for violations of § 21-28-4.01(c)(2)(i), § 21-28-4.01(c)(2)(iii), § 21-28-4.01(c)(2)(iv), § 21-28-20 |
|---|
| 397 | 397 | | 4.01(c)(2)(v), or § 21-28-4.01(c)(2)(vi), or under any statute of the United States or of any state 21 |
|---|
| 398 | 398 | | relating to narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic drugs. 22 |
|---|
| 399 | 399 | | 21-28-4.13. Impersonation of health officials — Penalties. 23 |
|---|
| 400 | 400 | | Every person who shall falsely assume or pretend to be the director of health or an officer, 24 |
|---|
| 401 | 401 | | agent, inspector, or representative designated by the director as having enforcement powers shall 25 |
|---|
| 402 | 402 | | be imprisoned not exceeding one year six (6) months and/or be fined not exceeding five hundred 26 |
|---|
| 403 | 403 | | dollars ($500). 27 |
|---|
| 404 | 404 | | 21-28-4.14. Third or subsequent offenses. 28 |
|---|
| 405 | 405 | | (a) Any person convicted of a third or subsequent offense under this chapter, except for 29 |
|---|
| 406 | 406 | | violations of § 21-28-4.01(c)(2)(iv), § 21-28-4.01(c)(2)(v), or § 21-28-4.01(c)(2)(vi), may be 30 |
|---|
| 407 | 407 | | imprisoned for a term that may be increased by fifty percent (50%) of up to three (3) times the 31 |
|---|
| 408 | 408 | | term authorized, and fined an additional fifty percent (50%) of amount up to three (3) times that 32 |
|---|
| 409 | 409 | | authorized by § 21-28-4.11, or both. 33 |
|---|
| 410 | 410 | | (b) For purposes of this section, an offense is considered a third or subsequent offense if, 34 |
|---|
| 411 | 411 | | |
|---|
| 412 | 412 | | |
|---|
| 413 | 413 | | LC000597 - Page 12 of 16 |
|---|
| 414 | 414 | | prior to his or her conviction of the offense, the offender has at any time been convicted twice under 1 |
|---|
| 415 | 415 | | this chapter, except for violations of § 21-28-4.01(c)(2)(iii), § 21-28-4.01(c)(2)(iv), § 21-28-2 |
|---|
| 416 | 416 | | 4.01(c)(2)(v), or § 21-28-4.01(c)(2)(vi), or twice under any statute of the United States or of any 3 |
|---|
| 417 | 417 | | other state, or any combination of them, relating to narcotic drugs, marijuana, depressant, stimulant, 4 |
|---|
| 418 | 418 | | or hallucinogenic drugs. 5 |
|---|
| 419 | 419 | | 21-28-4.15. Employment of person under age eighteen (18). 6 |
|---|
| 420 | 420 | | (a) It shall be unlawful for any person eighteen (18) years of age or older to hire, employ 7 |
|---|
| 421 | 421 | | or use any person under eighteen (18) years of age who is at least three (3) years his or her junior 8 |
|---|
| 422 | 422 | | to manufacture, transport, carry, sell, prepare for sale or offer for sale a controlled substance; 9 |
|---|
| 423 | 423 | | provided, that the provisions of this subsection shall not apply to individuals enrolled in a pharmacy 10 |
|---|
| 424 | 424 | | training program approved by the director. 11 |
|---|
| 425 | 425 | | (b) Any person who violates this section with respect to: 12 |
|---|
| 426 | 426 | | (1) A controlled substance classified in schedules I and II, except the substance classified 13 |
|---|
| 427 | 427 | | as marijuana, is guilty of a crime and upon conviction shall be imprisoned for not less more than 14 |
|---|
| 428 | 428 | | fifteen (15) ten (10) years and may be imprisoned for a term up to life and fined not more than five 15 |
|---|
| 429 | 429 | | hundred thousand dollars ($500,000) ten thousand dollars ($10,000). In all these cases, the justice 16 |
|---|
| 430 | 430 | | imposing sentence shall impose a minimum sentence of fifteen (15) years imprisonment and may 17 |
|---|
| 431 | 431 | | only impose a sentence less than that minimum if he or she finds that substantial and compelling 18 |
|---|
| 432 | 432 | | circumstances exist which justify imposition of the alternative sentence. The finding may be based 19 |
|---|
| 433 | 433 | | upon the character and background of the defendant, the cooperation of the defendant with law 20 |
|---|
| 434 | 434 | | enforcement authorities, the nature and circumstances of the offense, and/or the nature and quality 21 |
|---|
| 435 | 435 | | of the evidence presented at trial. If a sentence which is less than imprisonment for a term of fifteen 22 |
|---|
| 436 | 436 | | (15) years is imposed, the trial justice shall set forth on the record the circumstances which he or 23 |
|---|
| 437 | 437 | | she found as justification for imposition of the lesser sentence; 24 |
|---|
| 438 | 438 | | (2) A controlled substance classified in schedule III or IV, is guilty of a crime and upon 25 |
|---|
| 439 | 439 | | conviction may be imprisoned for not more than twenty (20) five (5) years or fined not more than 26 |
|---|
| 440 | 440 | | forty thousand dollars ($40,000) five thousand dollars ($5,000) or both; 27 |
|---|
| 441 | 441 | | (3) A controlled substance classified in schedule V or marijuana, is guilty of a crime and 28 |
|---|
| 442 | 442 | | upon conviction may be imprisoned for not more than one year six (6) months or fined not more 29 |
|---|
| 443 | 443 | | than ten thousand dollars ($10,000) three thousand dollars ($3,000), or both. 30 |
|---|
| 444 | 444 | | 21-28-4.18. Prohibited acts by law enforcement officials — Penalties. 31 |
|---|
| 445 | 445 | | (a) It shall be unlawful for any state or municipal law enforcement official, including 32 |
|---|
| 446 | 446 | | department of correction officers, state marshals, capital police, or other peace officers who are 33 |
|---|
| 447 | 447 | | empowered to enforce the provisions of this chapter, or any employee of a law enforcement agency 34 |
|---|
| 448 | 448 | | |
|---|
| 449 | 449 | | |
|---|
| 450 | 450 | | LC000597 - Page 13 of 16 |
|---|
| 451 | 451 | | to: 1 |
|---|
| 452 | 452 | | (1) Offer for sale or sell any information pertaining to an ongoing investigation conducted 2 |
|---|
| 453 | 453 | | by any law enforcement agency of a violation of any of the provisions of this chapter; or 3 |
|---|
| 454 | 454 | | (2) Use for any unauthorized purpose or sell or destroy or remove from unlawful custody 4 |
|---|
| 455 | 455 | | any of the evidence confiscated as a result of an arrest or seizure arising from the enforcement of 5 |
|---|
| 456 | 456 | | the provisions of this chapter. 6 |
|---|
| 457 | 457 | | (b) Any person who violates this section shall be guilty of a crime and upon conviction 7 |
|---|
| 458 | 458 | | shall be imprisoned not less than ten (10) years, and may be imprisoned for a term of up to twenty 8 |
|---|
| 459 | 459 | | (20) ten (10) years. In all these cases, the justice imposing sentence shall impose a minimum 9 |
|---|
| 460 | 460 | | sentence of ten (10) years imprisonment and may only impose a sentence less than that minimum 10 |
|---|
| 461 | 461 | | if he or she finds that substantial and compelling circumstances exist which justify imposition of 11 |
|---|
| 462 | 462 | | the alternative sentence. The finding may be based upon the character and background of the 12 |
|---|
| 463 | 463 | | defendant, the cooperation of the defendant with law enforcement authorities, the nature and 13 |
|---|
| 464 | 464 | | circumstances of the offense, and/or the nature and quality of the evidence presented at trial. If a 14 |
|---|
| 465 | 465 | | sentence which is less than imprisonment for a term of ten (10) years is imposed, the trial justice 15 |
|---|
| 466 | 466 | | shall set forth on the record the circumstances, which he or she found as justification for imposition 16 |
|---|
| 467 | 467 | | of the lesser sentence. 17 |
|---|
| 468 | 468 | | SECTION 2. Sections 21-28-4.07.1, 21-28-4.07.2, 21-28-4.16.1, 21-28-4.16.2, 21-28-4.17 18 |
|---|
| 469 | 469 | | and 21-28-4.17.1 of the General Laws in Chapter 21-28 entitled "Uniform Controlled Substances 19 |
|---|
| 470 | 470 | | Act" are hereby repealed. 20 |
|---|
| 471 | 471 | | 21-28-4.07.1. Distribution or manufacturing in or near schools. 21 |
|---|
| 472 | 472 | | Any person who violates § 21-28-4.01(A), 21-28-4.01.1, or 21-28-4.07 by distributing or 22 |
|---|
| 473 | 473 | | manufacturing a controlled substance listed in schedules I or II in the building or on the grounds, 23 |
|---|
| 474 | 474 | | or within three hundred (300) yards of the grounds of a public or private elementary, vocational, or 24 |
|---|
| 475 | 475 | | secondary school, or public park or playground shall be punished by a term of imprisonment or 25 |
|---|
| 476 | 476 | | fine, or both, up to twice that authorized by § 21-28-4.01(A) or 21-28-4.07, but not exceeding life 26 |
|---|
| 477 | 477 | | imprisonment. 27 |
|---|
| 478 | 478 | | 21-28-4.07.2. Distribution to individuals without knowledge — Crime of violence. 28 |
|---|
| 479 | 479 | | (a) Definitions: For the purposes of this section the following words shall have the 29 |
|---|
| 480 | 480 | | following definitions: 30 |
|---|
| 481 | 481 | | (1) “Crime of violence” means: 31 |
|---|
| 482 | 482 | | (i) An offense that has an element, the use, attempted use, or threatened use of physical 32 |
|---|
| 483 | 483 | | force against the person or property of another; or 33 |
|---|
| 484 | 484 | | (ii) Any other offense that is a felony and that, by its nature, involves a substantial risk that 34 |
|---|
| 485 | 485 | | |
|---|
| 486 | 486 | | |
|---|
| 487 | 487 | | LC000597 - Page 14 of 16 |
|---|
| 488 | 488 | | physical force against the person or property of another may be used in the course of committing 1 |
|---|
| 489 | 489 | | the offense. 2 |
|---|
| 490 | 490 | | (2) “Without that individual’s knowledge” means: that the individual is unaware that a 3 |
|---|
| 491 | 491 | | substance with the ability to alter that individual’s ability to appraise conduct, or to decline 4 |
|---|
| 492 | 492 | | participation in, or communicate unwillingness to participate in conduct, is administered to the 5 |
|---|
| 493 | 493 | | individual. 6 |
|---|
| 494 | 494 | | (b) Whoever, with the intent to commit a crime of violence against an individual, as defined 7 |
|---|
| 495 | 495 | | in this section and in chapter 11-37, violates this section by distributing a controlled substance, as 8 |
|---|
| 496 | 496 | | defined in § 21-28-1.02, or a controlled substance analogue to an individual without that 9 |
|---|
| 497 | 497 | | individual’s knowledge, shall be punished by a term of imprisonment not to exceed ten (10) years. 10 |
|---|
| 498 | 498 | | 21-28-4.16.1. Larceny of a controlled substance. 11 |
|---|
| 499 | 499 | | Any person who steals or attempts to steal any controlled substance from a health care 12 |
|---|
| 500 | 500 | | facility, as defined in § 23-17-2, a licensed pharmacy, or any other lawful place of business, where 13 |
|---|
| 501 | 501 | | controlled substances are compounded, dispensed, administered, stored, or manufactured, 14 |
|---|
| 502 | 502 | | including common carriers, contract carriers, or any usual or lawful carrier, shall be punished by a 15 |
|---|
| 503 | 503 | | fine of not more than ten thousand dollars ($10,000), or by imprisonment of not more than ten (10) 16 |
|---|
| 504 | 504 | | years, or both. 17 |
|---|
| 505 | 505 | | 21-28-4.16.2. Tampering with a controlled substance. 18 |
|---|
| 506 | 506 | | Any person who alters, tampers, substitutes, adulterates in any manner or form, the 19 |
|---|
| 507 | 507 | | compound, mixture, or preparation of any controlled substance in a health care facility, as defined 20 |
|---|
| 508 | 508 | | in § 23-17-2, shall be punished by a fine of not more than fifteen thousand dollars ($15,000), or by 21 |
|---|
| 509 | 509 | | imprisonment of not more than ten (10) years, or both. 22 |
|---|
| 510 | 510 | | 21-28-4.17. Additional assessment. 23 |
|---|
| 511 | 511 | | Should any person be convicted of or accept any plea bargain relating to an offense 24 |
|---|
| 512 | 512 | | involving the sale of a controlled substance, that person shall, in addition to any fine imposed, be 25 |
|---|
| 513 | 513 | | assessed an amount up to one thousand dollars ($1,000) by the court. The assessment shall be 26 |
|---|
| 514 | 514 | | transferred to the general treasury and deposited in the special account designated as the forfeited 27 |
|---|
| 515 | 515 | | property account. The funds may be used by law enforcement officials in accordance with the 28 |
|---|
| 516 | 516 | | requirements set forth in § 21-28-5.04. 29 |
|---|
| 517 | 517 | | 21-28-4.17.1. Assessment for drug education, counseling and treatment. 30 |
|---|
| 518 | 518 | | Any person convicted of any offense under this article, other than the possession offenses 31 |
|---|
| 519 | 519 | | described in § 21-28-4.01(c), shall, in addition to any other sentence and/or fine imposed, be 32 |
|---|
| 520 | 520 | | assessed four hundred dollars ($400) by the court and the assessment shall be collected from the 33 |
|---|
| 521 | 521 | | person convicted before any other fines authorized by this chapter. The court shall not suspend any 34 |
|---|
| 522 | 522 | | |
|---|
| 523 | 523 | | |
|---|
| 524 | 524 | | LC000597 - Page 15 of 16 |
|---|
| 525 | 525 | | part or all of the imposition of the assessment required by this subsection, unless the court finds an 1 |
|---|
| 526 | 526 | | inability to pay. The assessment shall be deposited in the drug education, assessment and treatment 2 |
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| 527 | 527 | | account to be used by the department of behavioral healthcare, developmental disabilities and 3 |
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| 528 | 528 | | hospitals and the department of health for the purpose of administration, drug education, and 4 |
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| 529 | 529 | | treatment. 5 |
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| 530 | 530 | | SECTION 3. This act shall take effect upon passage. 6 |
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| 531 | 531 | | ======== |
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| 532 | 532 | | LC000597 |
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| 533 | 533 | | ======== |
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| 534 | 534 | | |
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| 535 | 535 | | |
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| 536 | 536 | | LC000597 - Page 16 of 16 |
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| 537 | 537 | | EXPLANATION |
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| 538 | 538 | | BY THE LEGISLATIVE COUNCIL |
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| 539 | 539 | | OF |
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| 540 | 540 | | A N A C T |
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| 541 | 541 | | RELATING TO FOOD AND DRUGS -- UNIFORM CONTROLLE D SUBSTANCES ACT -- |
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| 542 | 542 | | OFFENCES AND PENALTIES |
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| 543 | 543 | | *** |
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| 544 | 544 | | This act would reduce penalties for non-violent drug offenses and provide for terms of 1 |
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| 545 | 545 | | imprisonment of not more than ten (10) years for any drug offense and would repeal certain other 2 |
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| 546 | 546 | | offenses. 3 |
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| 547 | 547 | | This act would take effect upon passage. 4 |
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| 548 | 548 | | ======== |
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| 549 | 549 | | LC000597 |
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| 550 | 550 | | ======== |
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| 551 | 551 | | |
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