H7582

	2012 -- H 7582
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	LC00762
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	STATE OF RHODE ISLAND

	IN GENERAL ASSEMBLY

	JANUARY SESSION, A.D. 2012

	____________


	A N A C T
	RELATING TO FOOD AND DRUGS - TAXATION AND REGULATION OF MARIJUANA


	Introduced By: Representatives Ajello, Valencia, Blazejewski, Slater, and Newberry

	Date Introduced: February 15, 2012

	Referred To: House Judiciary




	It is enacted by the General Assembly as follows:

1-1	SECTION 1. TITLE 21 of the General Laws entitled “FOOD & DRUGS” is hereby
1-2	amended by adding thereto the following chapter:
1-3	CHAPTER 21-28.6.1
1-4	LEGALIZATION OF MARIJUANA
1-5	21-28.6.1-1. Short title. -- This chapter shall be known and may be cited as the
1-6	“Legalization of Marijuana Act".
1-7	21-28.6.1-2. Legislative findings. -- The general assembly hereby finds and declares
1-8	that:
1-9	(1) More than seven (7) decades of arresting marijuana users has failed to prevent
1-10	marijuana use; a study published in the American Journal of Public Health compared marijuana
1-11	usage rates in the United States with rates in the Netherlands, where adults’ marijuana use and
1-12	sales are de facto legal, found “no evidence to support claims that criminalization reduces
1-13	[marijuana] use”.
1-14	(2) More than one hundred million (100,000,000) adults in the United States, including
1-15	the last three (3) presidents, have used marijuana, and data from the 2010 Monitoring the Future
1-16	Survey show that despite prohibition, more than eighty percent (80%) of twelfth graders find
1-17	marijuana “fairly easy” or “easy” to obtain.
1-18	(3) More than fifty thousand (50,000) people have been killed in drug cartel and
1-19	crackdown-related violence since the beginning of the crackdown on cartels in Mexico in 2006
1-20	and, according to the Federal Office of National Drug Control Policy, sixty percent (60%) of drug
2-1	cartel profits come from marijuana sales in the United States.
2-2	(4) In June 2005, five hundred thirty (530) economists, including three (3) Nobel
2-3	Laureates, endorsed a study on the costs of marijuana prohibition by Harvard professor Dr.
2-4	Jeffrey Miron which estimated that taxing and regulating marijuana would yield ten billion
2-5	dollars to fourteen billion dollars ($10,000,000,000 – $14,000,000,000) in increased revenues and
2-6	savings, and which called for “an open and honest debate about marijuana prohibition,” adding,
2-7	“We believe such a debate will favor a regime in which marijuana is legal but taxed and regulated
2-8	like other goods.”
2-9	(5) Heads of state in countries that have been scarred by drug cartel violence are
2-10	beginning to call for a re-examination of drug policies, with former president of Mexico Vicente
2-11	Fox calling for marijuana to be legally sold, and past and current presidents of three (3) Latin
2-12	American countries Cesar Gaviria of Colombia, Fernando Henrique Cardoso of Brazil, and Felipe
2-13	Calderon and Ernesto Zedillo of Mexico calling for a discussion on decriminalizing marijuana.
2-14	(6) The lack of marijuana market regulation ensures that marijuana production and
2-15	distribution are in the hands of unlicensed growers, who are untaxed, unmonitored, and often
2-16	cultivated on state or federal lands, and the product is not controlled or regulated for safety
2-17	concerns.
2-18	(7) There were more than eight hundred fifty-eight thousand (858,000) arrests for
2-19	marijuana offenses in the United States in 2009, which is more than the entire adult population of
2-20	Rhode Island.
2-21	(8) Just over eight thousand one hundred (8,100) suspects were booked by federal law
2-22	enforcement in 2004 about one percent of all marijuana arrests demonstrating that nearly all
2-23	marijuana arrests occurs on the state level, and thus, state legislative action has the capacity to
2-24	significantly change policy.
2-25	(9) While there were more than two thousand seven hundred two (2,702) arrests for
2-26	marijuana offenses in Rhode Island in 2009, thousands of serious crimes went unsolved; the
2-27	clearance rates for homicide, rape, and robbery were only 43.8%, 27%, and 29.3% in Rhode
2-28	Island in 2009.
2-29	(10) There is an alarming racial disparity in marijuana arrests in Rhode Island, with
2-30	African Americans arrested at nearly three and a half (3½) times the rate of whites in 2009,
2-31	although their marijuana usage rates were very similar.
2-32	(11) Removing state criminal penalties for persons aged twenty-one (21) and older who
2-33	use or cultivate small amounts of marijuana, and from regulated providers, would allow police to
2-34	spend more time preventing and investigating serious crimes like murder, rape, assault, robbery,
3-1	burglary, and driving under the influence of alcohol and other drugs and would create substantial
3-2	savings now.
3-3	(12) States are not required to enforce federal law or to prosecute people for engaging in
3-4	activities prohibited by federal law, and may choose whether or not to impose state criminal
3-5	penalties on conduct.
3-6	21-28.6.1-3. Definitions. -- For purposes of this chapter:
3-7	(1) “Department” means the state of Rhode Island department of business regulation.
3-8	(2) “Marijuana” means all parts of the plant cannabis sativa L., whether growing or not;
3-9	the seeds thereof; the resin extracted from any part of the plant; and every compound,
3-10	manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. It does not
3-11	include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the
3-12	seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of
3-13	the mature stalks (except the resin extracted from it), fiber, oil, or cake, or the sterilized seed of
3-14	the plant that is incapable of germination.
3-15	(3) “Marijuana paraphernalia” means equipment, products, and materials which are used
3-16	or intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing,
3-17	compounding, converting, producing, processing, preparing, testing, analyzing, packaging,
3-18	repackaging, storing, containing, concealing, ingesting, inhaling, or otherwise introducing
3-19	marijuana into the human body.
3-20	(4) “Public place” means any street, alley, park, sidewalk, public building other than
3-21	individual dwellings, or any place of business or assembly open to or frequented by the public,
3-22	and any other place to which the public has access.
3-23	(5) “Retailer” means an entity that is either:
3-24	(i) Registered pursuant to sections 21-28.6.2 and 44-49-17 of the general laws, to be
3-25	exempt from state penalties for purchasing marijuana from a wholesaler and selling marijuana
3-26	and marijuana paraphernalia to customers who are twenty-one (21) years of age or older; or
3-27	(ii) Exempt from state penalties under Rhode Island general law 21-28.6.2-2 due to the
3-28	department not issuing registrations.
3-29	(6) “Safety compliance facility” means an entity that is either:
3-30	(i) Registered pursuant to sections 21-28.6.2 and 44-49-17 of the general laws, to be
3-31	exempt from state penalties for providing one or both of the following services: training,
3-32	including that related to cultivation of marijuana, safe handling of marijuana, and security and
3-33	inventory procedures; or testing marijuana for potency and contaminants; or
4-34	(ii) Exempt from state penalties under Rhode Island general law section 21-28.6.2-3 due
4-35	to the department not issuing registrations.
4-36	(7) “Smoking” means heating to at least the point of combustion, causing plant material
4-37	to burn. It does not include vaporizing, which means heating below the point of combustion and
4-38	resulting in a vapor or mist.
4-39	(8) “State prosecution” means prosecution initiated or maintained by the state of Rhode
4-40	Island or an agency or political subdivision of the state of Rhode Island.
4-41	(9) “Verification system” means a phone or web-based system that is operational twenty-
4-42	four (24) hours each day that law enforcement personnel shall use to verify registry identification
4-43	zip ties and that shall be established and maintained by the department pursuant to Rhode Island
4-44	general law section 21-28.6.2-6.
4-45	(10) “Wholesaler” means an entity that is either:
4-46	(i) Registered pursuant to sections 21-28.6.2 and 44-49-17 of the general laws, to be
4-47	exempt from state penalties for cultivating, preparing, packaging, and selling marijuana to a
4-48	retailer or another wholesaler, but not selling marijuana to the general public; or
4-49	(ii) Exempt from state penalties under Rhode Island general law section 21-28.6.2-3 due
4-50	to the department not issuing registrations.
4-51	(11) “Zip tie” means a fastener capable of being attached to a plant, which is produced by
4-52	or at the direction of the department.
4-53	21-28.6.1-4. Exempt Activities. -- Except as otherwise provided in this chapter:
4-54	(1) A person who is twenty-one (21) years of age or older is exempt from arrest, civil or
4-55	criminal penalty, seizure or forfeiture of assets, discipline by any state or local licensing board,
4-56	and state prosecution for the following acts:
4-57	(i) Actually and constructively using, obtaining, purchasing, transporting, or possessing
4-58	one ounce or less of marijuana and three (3) marijuana seedlings or cuttings or less. As used
4-59	herein, “one ounce or less of marijuana” includes one ounce or less of marijuana, or any mixture
4-60	or preparation thereof, including but not limited to five (5) grams or less of hashish. The weight
4-61	of any non-marijuana ingredients combined with marijuana, such as in a preparation for topical
4-62	administration or for consumption as food or drink, shall not count toward the one ounce (1 oz.)
4-63	limit;
4-64	(ii) Controlling any premises or vehicle where up to one ounce (1 oz.) or less of
4-65	marijuana and three (3) marijuana seedlings or cuttings or less per person who is twenty-one (21)
4-66	years of age or older is possessed, processed, or stored;
4-67	(iii) Using, obtaining, purchasing, transporting, or possessing, actually or constructively,
4-68	marijuana paraphernalia;
5-1	(iv) Selling marijuana seeds to a wholesaler;
5-2	(v) Manufacturing, possessing, or producing marijuana paraphernalia;
5-3	(vi) Selling marijuana paraphernalia to retailers, wholesalers, or persons who are twenty-
5-4	one (21) years of age or older;
5-5	(vii) Transferring one ounce (1 oz.) or less of marijuana and three (3) marijuana seedlings
5-6	or cuttings or less without remuneration to a person who is twenty-one (21) years of age or older;
5-7	(viii) Aiding and abetting another person who is twenty-one (21) years of age or older in
5-8	the possession or use of one ounce (1 oz.) or less of marijuana or in the cultivation of three (3) or
5-9	fewer marijuana plants;
5-10	(ix) Aiding and abetting another person who is twenty-one (21) years of age or older in
5-11	the possession or use of marijuana paraphernalia;
5-12	(x) Cultivating three (3) or fewer marijuana plants;
5-13	(xi) Controlling the premises where no more than five (5) other persons twenty-one (21)
5-14	years of age or older cultivate marijuana plants, with the total number of plants not exceeding
5-15	eighteen (18) in any dwelling unit;
5-16	(xii) Assisting with the cultivation of marijuana plants that are cultivated at the same
5-17	location for persons twenty-one (21) years of age or older, with the total number of plants not
5-18	exceeding eighteen (18) in any dwelling unit; and
5-19	(xiii) Any combination of the acts described within paragraphs (i) to (xii), inclusive.
5-20	(2) A retailer or any person who is twenty-one (21) years of age or older and acting in his
5-21	or her capacity as an owner, employee, or agent of a retailer who acts in compliance with the
5-22	provisions of this chapter is exempt from arrest, civil or criminal penalty, seizure or forfeiture of
5-23	assets, discipline by any state or local licensing board, and state prosecution for the following
5-24	acts:
5-25	(i) Transporting or possessing, actually or constructively, marijuana, including seedlings
5-26	or cuttings that was purchased from a wholesale;
5-27	(ii) Possessing marijuana paraphernalia;
5-28	(iii) Obtaining or purchasing marijuana from a wholesaler;
5-29	(iv) Manufacturing, possessing, producing, obtaining, or purchasing marijuana
5-30	paraphernalia;
5-31	(v) Selling, transferring, or delivering marijuana, including seedlings or cuttings, which
5-32	originates from a wholesaler, or marijuana paraphernalia to any person who is twenty-one (21)
5-33	years of age or older;
6-34	(vi) Aiding and abetting any person who is twenty-one (21) years of age or older in the
6-35	possession or use of one ounce (1 oz.) or less of marijuana and three (3) or fewer marijuana
6-36	seedlings or cuttings;
6-37	(vii) Aiding and abetting any person who is twenty-one (21) years of age or older in the
6-38	possession or use of marijuana paraphernalia;
6-39	(viii) Controlling any premises or vehicle where marijuana and marijuana paraphernalia
6-40	is possessed, sold, or deposited in a manner that is not in conflict with this chapter or department
6-41	regulations; and
6-42	(ix) Any combination of the acts described within paragraphs (i) to (viii), inclusive.
6-43	(3) A wholesaler or any person who is twenty-one (21) years of age or older and acting in
6-44	his or her capacity as an owner, employee, or agent of a wholesaler who acts in compliance with
6-45	the provisions of this chapter is exempt from arrest, civil or criminal penalty, seizure or forfeiture
6-46	of assets, discipline by any state or local licensing board, and state prosecution for the following
6-47	acts:
6-48	(i) Cultivating, packing, processing, transporting, or manufacturing marijuana;
6-49	(ii) Producing marijuana-infused products, including tinctures, oils, and edible or potable
6-50	goods;
6-51	(iii) Transporting or possessing marijuana that was produced by the wholesaler or another
6-52	wholesaler;
6-53	(iv) Transporting or possessing marijuana seeds;
6-54	(v) Possessing, transporting, selling, or producing marijuana paraphernalia;
6-55	(vi) Selling marijuana to a retailer or a wholesaler;
6-56	(vii) Purchasing marijuana from a wholesaler;
6-57	(viii) Purchasing marijuana seeds from a person who is twenty-one (21) years of age or
6-58	older;
6-59	(ix) Controlling any premises or vehicle where marijuana and marijuana paraphernalia is
6-60	possessed, manufactured, sold, or deposited in a manner that is not in conflict with this chapter or
6-61	department regulations; and
6-62	(x) Any combination of the acts described within paragraphs (i) to (ix), inclusive.
6-63	(4) A safety compliance facility or any person who is twenty-one (21) years of age or
6-64	older and acting in his or her capacity as an owner, employee, or agent of a safety compliance
6-65	facility who acts in compliance with the provisions of this chapter shall not be subject to state
6-66	prosecution; search, except by the department pursuant to Rhode Island general law section 21-
6-67	28.6.2-17; seizure; or penalty in any manner or be denied any right or privilege, including, but not
6-68	limited to, civil penalty or disciplinary action by a court or business licensing board or entity,
7-1	solely for acting in accordance with this chapter and department regulations to provide the
7-2	following services:
7-3	(i) Acquiring or possessing marijuana obtained from wholesalers, retailers, or, if the
7-4	quantity is no more than one ounce (1 oz.) per person, twenty-one (21) years of age or older;
7-5	(ii) Transporting or possessing marijuana obtained from wholesalers, retailers, or, if the
7-6	quantity is no more than one ounce (1 oz.) per person, twenty-one (21) years of age or older;
7-7	(iii) Returning marijuana to wholesalers, retailers, or, if the quantity is no more than one
7-8	ounce (1 oz.) per person, twenty-one (21) years of age or older;
7-9	(iv) Receiving compensation for analytical testing, including for contaminants or
7-10	potency; and
7-11	(v) Any combination of the acts described within subdivisions (1) through (4), inclusive.
7-12	(5) The acts listed in subdivisions (1) through (4), when undertaken in compliance with
7-13	the provisions of this chapter, are lawful under Rhode Island law.
7-14	(6) Except as otherwise provided in subdivision (7), in a prosecution for selling,
7-15	transferring, delivering, giving, or otherwise furnishing marijuana or marijuana paraphernalia to
7-16	any person who is under twenty-one (21) years of age, it is a complete defense if:
7-17	(i) The person who sold, gave, or otherwise furnished marijuana or marijuana
7-18	paraphernalia to a person who is under twenty-one (21) years of age was a retailer or was acting
7-19	in his or her capacity as an owner, employee, or agent of a retailer at the time the marijuana or
7-20	marijuana paraphernalia was sold, given, or otherwise furnished to the person; and
7-21	(ii) Before selling, giving, or otherwise furnishing marijuana or marijuana paraphernalia
7-22	to a person who is under twenty-one (21) years of age, the person who sold, gave, or otherwise
7-23	furnished the marijuana or marijuana paraphernalia, or a staffer or agent of the retailer, was
7-24	shown a document which appeared to be issued by an agency of a federal, state, tribal, or foreign
7-25	sovereign government and which indicated that the person to whom the marijuana or marijuana
7-26	paraphernalia was sold, given, or otherwise furnished was twenty-one (21) years of age or older
7-27	at the time the marijuana or marijuana paraphernalia was sold, given, or otherwise furnished to
7-28	the person.
7-29	(7) The complete defense set forth in subdivision (6) does not apply if:
7-30	(i) The document which was shown to the person who sold, gave, or otherwise furnished
7-31	the marijuana or marijuana paraphernalia was counterfeit, forged, altered, or issued to a person
7-32	other than the person to whom the marijuana or marijuana paraphernalia was sold, given, or
7-33	otherwise furnished; and
8-34	(ii) Under the circumstances, a reasonable person would have known or suspected that
8-35	the document was counterfeit, forged, altered, or issued to a person other than the person to
8-36	whom the marijuana or marijuana paraphernalia was sold, given, or otherwise furnished.
8-37	21-28.6.1-5. Civil Violation. -- (a) Except as provided in subsection (c), unless obtaining
8-38	a zip tie was not reasonably practicable, any person who is twenty-one (21) years of age or older
8-39	who manufactures or cultivates marijuana plants without a zip tie affixed to or within twelve (12)
8-40	inches of each plant is responsible for a civil violation punishable by a fine of up to five hundred
8-41	dollars ($500) for one plant without a zip tie, or up to one thousand dollars ($1,000) for two (2)
8-42	or three (3) plants without a zip tie. For purposes of illustration and not limitation, it is not
8-43	reasonably practicable for an adult to obtain a zip tie if any of the following are true:
8-44	(1) On the date when law enforcement encountered the plant or plants, the department’s
8-45	website did not list any location meeting the requirements of Rhode Island general law section
8-46	21-28.6.1-6 and in the same zip code as the adult’s residence where zip ties could be obtained;
8-47	(2) On any day within thirty (30) days preceding the day when law enforcement
8-48	encountered the plant or plants, the department’s website did not list any location meeting the
8-49	requirements of Rhode Island general law section 21-28.6.1-6 and in the same zip code as the
8-50	adult’s residence where zip ties could be obtained; or
8-51	(3) The adult or a person acting on the adult’s behalf attempted to purchase a zip tie from
8-52	a location listed on the department’s website within thirty (30) days prior to the law enforcement
8-53	encounter, but the location did not have a sufficient number of zip ties available, was not open
8-54	during the posted hours, or the location did not meet the requirements of Rhode Island general
8-55	law section 21-28.6.1-6.
8-56	(b) The manufacture or cultivation of three (3) or fewer marijuana plants by any persons
8-57	who are twenty-one (21) years of age or older in a location that is contrary to this subsection is a
8-58	misdemeanor punishable by a fine of up to one thousand dollars ($1,000), up to ten (10) days in
8-59	jail, or both.
8-60	(1) Cultivation shall not occur in a location where the marijuana plants are subject to
8-61	public view without the use of binoculars, aircraft, or other optical aids.
8-62	(2) Marijuana that is cultivated outdoors must be cultivated in an enclosed location, such
8-63	as a fenced-in area.
8-64	(3) Cultivation may only occur on property lawfully in possession of the cultivator or
8-65	with the consent of the person in lawful possession of the real property.
8-66	(4) If one or more persons under twenty-one (21) years of age live in or are guests at the
8-67	property where marijuana is cultivated, reasonable precautions must be taken to prevent their
8-68	access to marijuana plants. For purposes of illustration and not limitation, cultivating marijuana in
9-1	a locked closet, room, or fully enclosed area to which the person or persons under twenty-one
9-2	(21) years of age do not possess a key, constitutes reasonable precautions.
9-3	(c) Any individual who lawfully cultivates marijuana plants under the provisions of
9-4	chapter 21-28.6 entitled “The Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act”
9-5	shall be exempt from the zip tie requirements of this chapter.
9-6	21-28.6.1-6. Zip ties.-- (a) Within one hundred twenty (120) days of the effective date of
9-7	this chapter, the department shall establish a means for residents of Rhode Island to anonymously
9-8	obtain zip ties with the payment of a one hundred ($100) fee per year per plant. The locations
9-9	selling zip ties may be operated by state or local government agencies or private businesses. Zip
9-10	ties may be sold by automated machines or by individuals.
9-11	(b) Zip tie purchasers must be allowed to choose whether to pay with cash or credit card.
9-12	The department may allow additional methods of payment.
9-13	(c) The department shall ensure that there is at least one indoor location selling zip ties in
9-14	each zip code that is open at least thirty-five (35) daytime or evening hours each week and at least
9-15	four (4) daytime or evening hours per week on weekends.
9-16	(d) The department shall post a list of all locations where zip ties may be purchased on its
9-17	website, including the hours when zip ties may be purchased. The department shall retain an
9-18	archived list of all locations that were posted to its website on each date for each zip code for at
9-19	least ninety (90) days.
9-20	(e) Persons purchasing zip ties shall not be subject to surveillance by video cameras or
9-21	still photography.
9-22	(f) Each purchaser of a zip tie shall be required to provide his or her date of birth and to
9-23	attest that he or she is a resident of Rhode Island.
9-24	(g) The department and the vendor or machine may not require the applicant to disclose
9-25	any additional identifying information to obtain a zip tie, including names, social security
9-26	numbers, or addresses.
9-27	(h) Each zip tie shall include a random identification number and an expiration date,
9-28	which shall be one year after it is issued.
9-29	(i) Within one hundred twenty (120) days of the effective date of this chapter, the
9-30	department shall establish a phone or Web-based verification system that is operational twenty-
9-31	four (24) hours each day, which law enforcement personnel can use to verify registry
9-32	identification zip ties. The verification system must allow law enforcement personnel to enter a
9-33	registry identification number to determine whether or not the number corresponds with an
9-34	identification zip tie that has not expired.
10-1	21-28.6.1-7. Activities not exempt.-- The provisions of this chapter do not exempt any
10-2	person from arrest, civil or criminal penalty, seizure or forfeiture of assets, discipline by any state
10-3	or local licensing board, and state prosecution for, nor may he or she establish an affirmative
10-4	defense based on this chapter to charges arising from, any of the following acts:
10-5	(1) Driving, operating, or being in actual physical control of a vehicle or a vessel under
10-6	power or sail while impaired by marijuana;
10-7	(2) Possessing marijuana if the person is a prisoner; or
10-8	(3) Possessing marijuana or possessing drug paraphernalia if the possession of the
10-9	marijuana or drug paraphernalia is discovered because the person engaged or assisted in the use
10-10	of marijuana in:
10-11	(i) Any local detention facility, county jail, state prison, reformatory, or other correctional
10-12	facility, including, without limitation, any facility for the detention of juvenile offenders; or
10-13	(ii) Any preschool, elementary school, junior high school, or high school.
10-14	21-28.6.1-8. Smoking marijuana shall be prohibited in all public places.--
10-15	(a) A person who smokes marijuana in such an indoor public place shall be guilty of a
10-16	petty misdemeanor, and may be punished as follows:
10-17	(1) By a fine of not more than two hundred fifty dollars ($250), imprisonment for a term
10-18	not exceeding ten (10) days, or both for the first violation;
10-19	(2) By a fine of not more than five hundred dollars ($500), imprisonment for a term not
10-20	exceeding thirty (30) days, or both, for the second or subsequent violation.
10-21	(b) A person who smokes marijuana in an outdoor public place shall be liable for a civil
10-22	penalty of one hundred fifty dollars ($150).
10-23	(c) Municipalities may impose additional fines equivalent to state fines for the
10-24	consumption of alcohol in an outdoor public place.
10-25	21-28.6.1-9. Places of employment. -- The provisions of this chapter do not require
10-26	employers to accommodate the use or possession of marijuana, or being under the influence of
10-27	marijuana, in a place of employment.
10-28	21-28.6.1-10. Rental premises. -- The provisions of this chapter do not prevent a
10-29	landlord from prohibiting the cultivation of marijuana on the rental premises.
10-30	21-28.6.1-11. Hotels and motels. -- A landlord or innkeeper may prohibit the smoking of
10-31	marijuana on the rented property or rooms if the landlord or innkeeper posts a notice.
10-32	21-28.6.1-12. False age representation.-- Any person who falsely represents himself or
10-33	herself to be twenty-one (21) years of age or older in order to obtain any marijuana or marijuana
10-34	paraphernalia pursuant to this chapter is guilty of a misdemeanor.
11-1	21-28.6.1-13. Expungement. -- This chapter shall, by operation of law, expunge the
11-2	conviction of anyone previously convicted of possession of one ounce (1 oz.) or less of marijuana
11-3	or possession of marijuana paraphernalia, provided that person was twenty-one (21) years of age
11-4	or older at the time of conviction.
11-5	21-28.6.1-14. Medical Use. -- Nothing contained herein shall be construed to repeal or
11-6	modify any law concerning the medical use of marijuana or tetrahydrocannabinol in other forms,
11-7	such as Marinol.
11-8	SECTION 2. TITLE 21 of the General Laws entitled “FOOD & DRUGS” is hereby
11-9	amended by adding thereto the following chapter:
11-10	CHAPTER 21-28.6.2
11-11	TAXATION & REGULATION OF MARIJUANA
11-12	21-28.6.2-1. Definitions.-- As used in this chapter:
11-13	(1) “Marijuana” means all parts of the plant cannabis sativa L., whether growing or not;
11-14	the seeds thereof; the resin extracted from any part of the plant; and every compound,
11-15	manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. It does not
11-16	include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the
11-17	seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of
11-18	the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of
11-19	the plant that is incapable of germination.
11-20	(2) “Retailer” means an entity that is either:
11-21	(i) Registered pursuant to sections 21-28.6.2 and 44-49-17 of the general laws, to be
11-22	exempt from state penalties for purchasing marijuana from a wholesaler and selling marijuana
11-23	and marijuana paraphernalia to customers who are twenty-one years (21) years of age or older; or
11-24	(ii) Exempt from state penalties under Rhode Island general law section 21-28.6.2-2 due
11-25	to the department not issuing registrations.
11-26	(3) “Safety compliance facility” means an entity that is either:
11-27	(i) Registered pursuant to sections 21-28.6.2 and 44-49-17 of the general laws, to be
11-28	exempt from state penalties for providing one or both of the following services:
11-29	(ii) Training, including that related to cultivation of marijuana, safe handling of
11-30	marijuana, and security and inventory procedures; or testing marijuana for potency and
11-31	contaminants; or
11-32	(iii) Exempt from state penalties under Rhode Island general law section 21-28.6.2-4 due
11-33	to the department not issuing registrations.
12-34	(4) “Wholesaler” means an entity that is either:
12-35	(i) Registered pursuant to sections 21-28.6.2 and 44-49-17 of the general laws, to be
12-36	exempt from state penalties for cultivating, preparing, packaging, and selling marijuana to a
12-37	retailer or another wholesaler, but not selling marijuana to the general public; or
12-38	(ii) Exempt from state penalties under Rhode Island general law section 21-28.6.2-3 due
12-39	to the department not issuing registrations.
12-40	21-28.6.2-2. Retailer registration. -- Except as otherwise provided in Rhode Island
12-41	general law section 21-28.6.2-5 of this chapter:
12-42	(1) A person or an entity may apply, in accordance with the provisions of this chapter and
12-43	the regulations adopted pursuant thereto, for the issuance of a registration exempting the entity
12-44	from state prosecution and penalties for operating as a retailer pursuant to the provisions of this
12-45	chapter.
12-46	(2) Each applicant for a retailer registration shall submit application materials required by
12-47	the department and a non-refundable fee in an amount determined by the department, not to
12-48	exceed five thousand dollars ($5,000).
12-49	(3) By one year after the effective date of this chapter, the department shall have issued at
12-50	least one retailer registration per county. By two (2) years after the effective date of this chapter,
12-51	the department shall have issued a number of retailer registrations that are no fewer than one valid
12-52	and outstanding retailer registration for every twenty-five thousand (25,000) residents of the
12-53	county, per county, provided a sufficient number of qualified applicants exist. If more qualifying
12-54	applicants apply than the department will register, the department shall implement a competitive
12-55	scoring process to determine to which applicants to grant registrations, which may be varied for
12-56	geographic distribution. The scoring system shall take into account the applicant and managing
12-57	officers’ applicable experience, training, and expertise; the applicant’s plan for security and
12-58	diversion prevention; any criminal, civil, or regulatory issues encountered by other entities the
12-59	applicant and managing officers have controlled or managed; and the suitability of the proposed
12-60	location.
12-61	(4) If at any time after two (2) years after the effective date of this chapter, there are
12-62	fewer than one valid and outstanding retailer registration for every twenty-five thousand (25,000)
12-63	residents of the county, per county, the department shall accept and process applications for
12-64	retailer registrations.
12-65	(5) The fee for the initial issuance of a registration as a retailer is ten thousand dollars
12-66	($10,000).
12-67	(6) A registration as a retailer may be renewed annually for a five thousand dollar
12-68	($5,000) fee. The renewal application may be submitted up to one hundred twenty (120) days
13-1	before the expiration of the retailer registration. If the department fails to approve a valid renewal
13-2	application, it shall be deemed granted sixty (60) days after its submission.
13-3	(7) If at any time beginning eighteen (18) months after the effective date of this chapter,
13-4	the department has failed to begin issuing retailer registrations or has ceased issuing retailer
13-5	registrations or renewals as required by this chapter, a retail registration shall not be required to
13-6	operate as a retailer for any person or entity that operates in a location zoned for retail use that
13-7	satisfies the requirements set forth in this chapter and any regulations adopted pursuant to the
13-8	chapter.
13-9	21-28.6.2-3. Wholesaler registration.-- Except as otherwise provided in Rhode Island
13-10	general laws section 21-28.6.2-5 of this chapter:
13-11	(1) An entity may apply, in accordance with the provisions of this chapter and the
13-12	regulations adopted pursuant thereto, for the issuance of a registration exempting the entity from
13-13	state prosecution and penalties for operating as a wholesaler pursuant to the provisions of this
13-14	chapter.
13-15	(2) Each applicant for a wholesaler registration shall submit application materials
13-16	required by the department and a non-refundable fee in an amount determined by the department,
13-17	not to exceed five thousand dollars ($5,000).
13-18	(3) By three hundred (300) days after the effective date of this chapter, the department
13-19	shall have issued at least five (5) wholesaler registrations, provided that qualified applicants exist.
13-20	By two (2) years after the effective date of this chapter, the department shall have issued at least
13-21	ten (10) wholesaler registrations. If more qualifying applicants apply than the department will
13-22	register, the department shall implement a competitive scoring process to determine to which
13-23	applicants to grant registrations, which may be varied for geographic distribution. The scoring
13-24	system shall take into account the applicant and managing officers’ applicable experience,
13-25	training, and expertise; the applicant’s plan for security and diversion prevention; any criminal,
13-26	civil, or regulatory issues encountered by other entities the applicant and managing officers have
13-27	controlled or managed; and the suitability of the proposed location.
13-28	(4) If at any time after two (2) years after the effective date of this chapter, there are
13-29	fewer valid wholesaler registrations than specified in subdivision (3), the department shall accept
13-30	and process applications for wholesaler registrations. In addition, the department may, at its
13-31	discretion, grant additional wholesaler registrations.
13-32	(5) The fee for the initial issuance of a registration as a wholesaler is ten thousand dollars
13-33	($10,000).
14-34	(6) A registration as a wholesaler may be renewed annually for a five thousand ($5,000)
14-35	dollar fee. The renewal application may be submitted up to one hundred twenty (120) days before
14-36	the expiration of the wholesaler registration. If the department fails to approve a valid renewal
14-37	application, it shall be deemed granted sixty (60) days after its submission.
14-38	(7) If at any time beginning eighteen (18) months after the effective date of this chapter,
14-39	the department has failed to begin issuing wholesaler registrations or has ceased issuing
14-40	wholesaler registrations in accordance with this chapter, a wholesaler registration shall not be
14-41	required to operate as a wholesaler for any person or entity that operates in a location zoned for
14-42	agricultural or industrial use that satisfies the requirements set forth in this chapter and any
14-43	regulations adopted pursuant to the chapter.
14-44	21-28.6.2-4. Safety compliance facility registration.-- Except as otherwise provided in
14-45	Rhode Island general law section 21-28.6.2-5 of this chapter:
14-46	(1) An entity may apply, in accordance with the provisions of this chapter and the
14-47	regulations adopted pursuant thereto, for the issuance of a registration exempting the entity from
14-48	state prosecution and penalties for operating as a safety compliance facility pursuant to the
14-49	provisions of this chapter.
14-50	(2) Each applicant for a safety compliance facility registration shall submit application
14-51	materials required by the department and a non-refundable fee in an amount determined by the
14-52	department, not to exceed five thousand dollars ($5,000).
14-53	(3) If a qualified applicant exists, the department shall grant a two (2) year registration to
14-54	at least two (2) safety compliance facilities within one year of the effective date of this chapter,
14-55	provided that each facility pays a five thousand dollar ($5,000) fee. If more qualifying applicants
14-56	apply than the department will register, the department shall implement a competitive scoring
14-57	process to determine to which applicants to grant registrations, which may be varied for
14-58	geographic distribution. The scoring system shall take into account the applicant and managing
14-59	officers’ applicable experience, training, and expertise; the applicant’s plan for security and
14-60	diversion prevention; any criminal, civil, or regulatory issues encountered by other entities the
14-61	applicant and managing officers controlled or managed; the applicant’s plan for services; and the
14-62	suitability of the proposed location.
14-63	(4) If at any time after two (2) years after the effective date of this chapter, there are
14-64	fewer than two (2) valid safety compliance facility registrations, the department shall accept and
14-65	process applications for safety compliance facility registrations. In addition, the department may,
14-66	at its discretion, grant additional safety compliance facility registrations.
14-67	(5) A safety compliance facility registration may be renewed biennially for a five
14-68	thousand dollar ($5,000) fee. The renewal application may be submitted up to one hundred
15-1	twenty (120) days before the expiration of the registration. If the department fails to approve a
15-2	valid renewal application, it shall be deemed granted sixty (60) days after its submission.
15-3	21-28.6.2-5. Ineligibility for registration. -- A retailer, wholesaler, or safety compliance
15-4	facility may not operate, and a prospective retailer, wholesaler, or safety compliance facility may
15-5	not apply for a registration if any of the following are true:
15-6	(1) The entity would be located within five hundred feet (500’) of the property line of a
15-7	pre-existing public school, private school, or structure used primarily for religious services or
15-8	worship; or
15-9	(2) The entity sells intoxicating liquor for consumption on the premises.
15-10	21-28.6.2-6. Municipalities. -- Nothing shall prohibit municipalities from enacting
15-11	ordinances or regulations not in conflict with this section or with department rules regulating the
15-12	time, place, and manner of wholesaler, retailer, or safety compliance facility operations, provided
15-13	that no local government may prohibit wholesaler, retailer, or safety compliance facility operation
15-14	altogether, either expressly or though the enactment of ordinances or regulations which make
15-15	wholesaler, retailer, or safety compliance facility operation impracticable.
15-16	21-28.6.2-7. Advertising. -- No retailer, wholesaler, or other person may advertise the
15-17	sale of marijuana in a manner contrary to the regulations established by the department.
15-18	21-28.6.2-8. Retailer safety insert. -- A retailer shall:
15-19	(1) Include a safety insert with all marijuana sold. The safety insert may, at the
15-20	department’s discretion, be developed and approved by the department and include, but not be
15-21	limited to, information on:
15-22	(i) Methods for administering marijuana;
15-23	(ii) Any potential dangers stemming from the use of marijuana; and
15-24	(iii) How to recognize what may be problematic usage of marijuana and obtain
15-25	appropriate services or treatment for problematic usage.
15-26	(2) Sell marijuana in its original wholesaler packaging without making any changes or
15-27	repackaging.
15-28	21-28.6.2-9. Warning label by wholesaler or safety compliance facility.-- A
15-29	wholesaler must create a unique package and label for its marijuana identifying itself as the
15-30	producer. The packaging shall include:
15-31	(1) The name or registration number of the wholesaler.
15-32	(2) If a safety compliance facility is operational, the potency of the marijuana, as
15-33	determined by testing by a safety compliance facility, represented by the percentage of
15-34	tetrahydrocannabinol by mass.
16-1	(3) A “produced on” date which reflects the date that the wholesaler finished drying and
16-2	processing the marijuana and placed it in its packaging.
16-3	(4) Warnings that state: “Consumption of marijuana impairs your ability to drive a car or
16-4	operate machinery,” “Keep away from children,” and “Possession of marijuana is illegal outside
16-5	of Rhode Island and under federal law,” unless federal or state laws have changed.
16-6	21-28.6.2-10. Wholesale cultivation facilities.-- All marijuana cultivated by wholesalers
16-7	shall be cultivated only in one or more enclosed, locked facilities, each of which must have been
16-8	registered with the department, unless the department has ceased issuing or failed to begin issuing
16-9	registrations. An “enclosed, locked facility” may include a building, room, greenhouse, fully
16-10	enclosed fenced-in area, or other location enclosed on all sides and equipped with locks or other
16-11	security devices that permit access only by:
16-12	(1) Employees, agents, or owners of the wholesaler, all of whom must be twenty-one (21)
16-13	years of age or older;
16-14	(2) Government employees performing their official duties;
16-15	(3) Contractors performing labor that does not include marijuana cultivation, packaging,
16-16	or processing; contractors must be accompanied by an employee, agent, or owner of the
16-17	wholesaler when they are in areas where marijuana is being grown or stored; or
16-18	(4) Members of the media, elected officials, and other individuals over the age of twenty-
16-19	one (21) touring the facility, if they are accompanied by an employee, agent, or owner of the
16-20	wholesaler.
16-21	21-28.6.2-11.Transportation of marijuana.-- A wholesaler or any person who is acting
16-22	in his or her capacity as an owner, employee, or agent of a wholesaler must have documentation
16-23	when transporting marijuana on behalf of the wholesaler that specifies the amount of marijuana
16-24	being transported, the registry identification number of the wholesaler, the date the marijuana is
16-25	being transported, and the registry identification number of the intended retailer, other
16-26	wholesaler, or safety compliance facility. If the retailer or wholesaler does not have a registration
16-27	number because the department has ceased issuing registry identification certificates or has failed
16-28	to begin issuing registry identification certificates, the retailer or wholesaler may instead use a
16-29	number of its choosing that it consistently uses on documentation in place of a registry
16-30	identification number.
16-31	21-28.6.2-12. Retailer Violations.-- (a) A retailer shall not:
16-32	(1) Sell, give, or otherwise furnish marijuana or marijuana paraphernalia to any person
16-33	who is under twenty-one (21) years of age;
17-34	(2) Allow any person who is under twenty-one (21) years of age to be present inside any
17-35	room where marijuana is stored or sold by the retailer unless the person who is under twenty-one
17-36	(21) years of age is a government employee performing his or her official duties, an elected
17-37	official, a member of the media, or a contractor performing labor that does not include marijuana
17-38	cultivation, packaging, or processing;
17-39	(3) Sell, give, or otherwise furnish more than one ounce (1 oz.) of marijuana or more than
17-40	three (3) seedlings or cuttings of marijuana to a person in a single transaction;
17-41	(4) Knowingly and willfully sell, give, or otherwise furnish an amount of marijuana to a
17-42	person that would cause that person to possess more than one ounce (1 oz.) of marijuana or more
17-43	than three (3) marijuana plants, seedlings, or clones;
17-44	(5) Purchase marijuana, other than marijuana seeds, from any person other than a
17-45	wholesaler;
17-46	(6) Violate regulations issued by the department;
17-47	(b) In addition to any other penalty provided pursuant to specific statutes, a retailer who
17-48	violates this section is guilty of a misdemeanor and shall be punished by a fine of not more than
17-49	one thousand dollars ($1,000).
17-50	(c) Except as otherwise provided in this subsection, in a prosecution for a violation of
17-51	Rhode Island general law section 21-28.6.2-12, it is a complete defense that before allowing a
17-52	person who is under twenty-one (21) years of age into the room where marijuana is sold or stored,
17-53	a staff member for the retailer was shown a document which appeared to be issued by an agency
17-54	of a federal, state, tribal, or foreign sovereign government and which indicated that the person
17-55	who was allowed onto the premises of the retailer was twenty-one (21) years of age or older at the
17-56	time the person was allowed onto the premises of the retailer. The complete defense set forth in
17-57	this subsection does not apply if:
17-58	(1) The document which was shown to the person who allowed the person who is under
17-59	twenty-one (21) years of age onto the premises of the retailer was counterfeit, forged, altered, or
17-60	issued to a person other than the person who was allowed onto the premises of the retailer; and
17-61	(2) Under the circumstances, a reasonable person would have known or suspected that the
17-62	document was counterfeit, forged, altered, or issued to a person other than the person who was
17-63	allowed onto the premises.
17-64	(d) As used in this section, “marijuana paraphernalia” means equipment, products, and
17-65	materials which are used or intended for use in planting, propagating, cultivating, growing,
17-66	harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing,
17-67	analyzing, packaging, repackaging, storing, containing, concealing, ingesting, inhaling, or
17-68	otherwise introducing marijuana into the human body.
18-1	21-28.6.2-13. Wholesaler violations.-- (a) A wholesaler shall not:
18-2	(1) Allow any person who is under twenty-one (21) years of age to be present on the
18-3	premises of any of its enclosed, locked facilities where marijuana is cultivated or in any room
18-4	where the wholesaler stores or processes marijuana unless the person is a department employee or
18-5	public safety officer performing his or her duties, an elected official, a member of the media, or a
18-6	contractor performing labor unrelated to marijuana cultivation, packaging, or processing;
18-7	(2) Sell, give, or otherwise furnish marijuana to any person other than a retailer,
18-8	wholesaler, safety compliance facility, or a staff member acting on behalf of a retailer,
18-9	wholesaler, or safety compliance facility;
18-10	(3) Purchase marijuana, other than marijuana seeds, from any person other than a
18-11	wholesaler; or
18-12	(4) Purchase or sell, give, or otherwise furnish marijuana in any manner other than as is
18-13	exempted from state penalties pursuant to the provisions of this chapter and any regulations
18-14	adopted pursuant thereto.
18-15	(b) In addition to any other penalty provided pursuant to specific statutes, a person who
18-16	violates this section is guilty of a misdemeanor and shall be punished by a fine of not more than
18-17	one thousand dollars ($1,000).
18-18	(c) Except as otherwise provided in this subsection, in a prosecution for a violation of
18-19	Rhode Island general law section 21-28.6.2-13, it is a complete defense that before allowing the
18-20	person who is under twenty-one (21) years of age onto the premises, a staff member of the
18-21	wholesaler was shown a document which appeared to be issued by an agency of a federal, state,
18-22	tribal, or foreign sovereign government and which indicated that the person who was allowed
18-23	onto the premises of the wholesaler was twenty-one (21) years of age or older at the time the
18-24	person was allowed onto the premises of the wholesaler. The complete defense set forth in this
18-25	subsection does not apply if:
18-26	(1) The document which was shown to the person who allowed the person who is under
18-27	twenty-one (21) years of age onto the premises of the wholesaler was counterfeit, forged, altered,
18-28	or issued to a person other than the person who was allowed onto the premises of the wholesaler;
18-29	and
18-30	(2) Under the circumstances, a reasonable person would have known or suspected that the
18-31	document was counterfeit, forged, altered, or issued to a person other than the person who was
18-32	allowed onto the premises.
18-33	21-28.6.2-14. Suspension or termination of registration.-- (a) The department may
18-34	suspend or terminate the registration of a retailer, wholesaler, or safety compliance facility that
19-1	commits multiple or serious violations of this chapter or reasonable regulations issued pursuant to
19-2	it.
19-3	(b) If the department has ceased issuing registrations or has not begun issuing
19-4	registrations, and a retailer, wholesaler, or safety compliance facility lacks a registration as a
19-5	result, any city or town where the retailer, wholesaler, or safety compliance facility is operating
19-6	may file for an injunction in district court if the retailer has committed multiple or serious
19-7	violations of this act or regulations issued pursuant to it.
19-8	21-28.6.2-15. Excise tax.-- An excise tax is hereby levied upon wholesalers and must be
19-9	collected respecting all marijuana sold to retailers at the rate of either fifty dollars ($50) per ounce
19-10	or proportionate part thereof, or an amount that the department may set that adjusts the initial fifty
19-11	dollars ($50) per ounce rate for inflation or deflation based on the consumer price index.
19-12	21-28.6.2-16. Distribution of funds.-- The department shall apportion the money
19-13	remitted to the department from registration fees and taxes collected pursuant to this chapter in
19-14	the following manner:
19-15	(1) The department shall retain sufficient money to defray the entire cost of
19-16	administration of this chapter.
19-17	(2) After retaining sufficient money to defray the entire cost of administration of this
19-18	chapter pursuant to subdivision (1), the department shall remit the remaining money to the Rhode
19-19	Island general fund, forty percent (40%) of which must be distributed to the Rhode Island
19-20	department of health for use in voluntary programs for the prevention or treatment of the abuse of
19-21	alcohol, tobacco, or controlled substances, and ten percent (10%) of which must be spent on
19-22	clinical research into the medical efficacy of marijuana.
19-23	21-28.6.2-17. Department regulations.-- (a) The department is responsible for
19-24	administering and carrying out the provisions of this chapter.
19-25	(b) The department may adopt regulations that are necessary and convenient to
19-26	administer and carry out the provisions of this chapter.
19-27	(c) The department shall adopt regulations that:
19-28	(1) Set forth the procedures for the application for and issuance of registrations to
19-29	retailers, wholesalers, and safety compliance testing facilities, including the content and form for
19-30	an application to be registered as a retailer, wholesaler, or safety compliance facility;
19-31	(2) Specify the procedures for the collection of taxes levied pursuant to this chapter;
19-32	(3) Specify the content, form, and timing of reports which must be completed by each
19-33	retailer, wholesaler, and safety compliance facility and which must be available for inspection by
19-34	the department. The reports shall include information on sales, expenses, inventory, and taxes and
20-1	shall be retained for at least one year after the completion of the forms;
20-2	(4) Specify the requirements for the packaging and labeling of marijuana, including those
20-3	in Rhode Island general law section 21-28.6.2-9;
20-4	(5) Specify the requirements for the safety insert to be included with marijuana by
20-5	retailers, including those in Rhode Island general law section 21-28.6.2-8, if the department
20-6	chooses to do so;
20-7	(6) Establish reasonable security requirements for wholesalers and retailers;
20-8	(7) Require the posting or display of the registration of a retailer, wholesaler, or safety
20-9	compliance facility;
20-10	(8) Establish restrictions on advertising for the sale of marijuana, which shall be in
20-11	compliance with the United States Constitution and the Rhode Island Constitution. These
20-12	restrictions may not prevent appropriate signs on the property of the retailer or wholesaler,
20-13	listings in business directories including phone books, listings in publications focused on
20-14	marijuana, or the sponsorship of health or not-for-profit charity or advocacy events;
20-15	(9) Establish procedures for inspecting and auditing the records or premises of a retailer,
20-16	wholesaler, or safety compliance facility;
20-17	(10) Set a schedule of civil fines for violations of this chapter and regulations issued
20-18	pursuant to the chapter;
20-19	(11) Set forth the procedures for hearings on civil fines and suspensions and revocation of
20-20	a registration as a retailer, wholesaler, or safety compliance facility for a violation of any
20-21	provision of this chapter or the regulations adopted pursuant to this chapter;
20-22	(12) Establish reasonable environmental controls to ensure that any registered
20-23	wholesalers, retailers, and safety compliance facilities minimize any harm to the environment,
20-24	adjoining and nearby landowners, and persons passing by. This may include restrictions on the
20-25	use of pesticides;
20-26	(13) Establish rules requiring wholesalers and retailers to create identification cards for
20-27	their employees and providing for the contents of the identification cards; and
20-28	(14) Establish rules for the safe transportation of marijuana.
20-29	(d) The department shall make available free of charge all forms for applications and
20-30	reports.
20-31	(e) The department shall issue all registrations as required by chapter 21-28.6.2 and
20-32	Rhode Island general law section 44-49-17.
20-33	(f) Except as provided in this subsection, the department shall keep the name and address
20-34	of each wholesaler, retailer, and safety compliance facility and each owner, employee, or agent of
21-1	a wholesaler, retailer, and safety compliance facility confidential and refuse to disclose this
21-2	information to any individual or public or private entity, except as necessary for authorized
21-3	employees of the department to perform official duties of the department pursuant to this chapter.
21-4	The department may confirm to a state or local law enforcement officer that a retailer, wholesaler,
21-5	or safety compliance facility holds a valid registration if the law enforcement officer inquires
21-6	about the specific location or entity.
21-7	21-28.6.2-18. Failure of department to adopt regulations.-- (a) The department shall
21-8	adopt regulations to implement this chapter and shall begin accepting applications for retailers,
21-9	wholesalers, and safety compliance facilities within one hundred eighty (180) days of the
21-10	effective date of this chapter.
21-11	(b) If the department fails to adopt regulations to implement this chapter and begins
21-12	processing applications for retailers and wholesalers within one hundred eighty (180) days of the
21-13	effective date of this chapter, any citizen may commence an action in a court of competent
21-14	jurisdiction to compel the department to perform the actions mandated pursuant to the provisions
21-15	of this chapter.
21-16	21-28.6.2-19. Advisory committee.-- (a) The governor shall appoint a twelve (12)
21-17	member advisory committee comprised of: one member of the House of Representatives; one
21-18	member of the Senate; one representative of the department; one physician with experience in
21-19	medical marijuana issues; one economist; one board member or principal officer of a registered
21-20	safety compliance facility; one individual with experience in policy development or
21-21	implementation in the field of marijuana policy; one public health professional; one sociologist;
21-22	one attorney familiar with first amendment law; one expert in criminal justice; and one
21-23	researcher.
21-24	(b) The advisory committee shall meet at least two (2) times per year for the purpose of
21-25	collecting information, evaluating the effects of this chapter, and making recommendations to the
21-26	department, including:
21-27	(1) The content of safety inserts;
21-28	(2) Whether additional warning labels should be added;
21-29	(3) Strategies for educating physicians and the public about research relating to
21-30	marijuana’s benefits and risks;
21-31	(4) Any effect on organized crime in the state;
21-32	(5) Quality control and labeling standards;
21-33	(6) Recommendations on restrictions on advertising;
22-34	(7) Recommendations for reporting and data monitoring related to beneficial and adverse
22-35	effects of marijuana; and
22-36	(8) An update on the latest research related to driving under the influence of marijuana,
22-37	along with recommendations regarding policies for roadside sobriety tests and any recommended
22-38	changes to driving under the influence statutes.
22-39	(c) The department shall submit to the legislature an annual report by the first Thursday
22-40	of every year, which shall include:
22-41	(1) The direct revenue and costs related to implementing this chapter, including revenue
22-42	from taxes, fines, and fees;
22-43	(2) The number of registrations suspended and revoked, and the nature of revocations;
22-44	(3) The number of zip ties sold annually; and
22-45	(4) The findings of the oversight committee.
22-46	SECTION 3. Sections 21-28-4.01, 21-28-4.01.1, 21-28-4.01.2, 21-28-4.11 and 21-28-
22-47	4.14 of the General Laws in Chapter 21-28 entitled “Uniform Controlled Substances Act” are
22-48	hereby amended to read as follows:
22-49	21-28-4.01. Prohibited acts A – Penalties. -- (a)(1) Except as authorized by this chapter,
22-50	or as exempted from criminal penalties pursuant to chapters 21-28.6.1, 21-28.6.2 or 44-49-17, it
22-51	shall be unlawful for any person to manufacture, deliver, or possess with intent to manufacture or
22-52	deliver a controlled substance.
22-53	(2) Any person who is not a drug addicted person, as defined in § 21-28-1.02(18), who
22-54	violates this subsection with respect to a controlled substance classified in schedule I or II, except
22-55	the substance classified as marijuana, is guilty of a crime and upon conviction may be imprisoned
22-56	to a term up to life, or fined not more than five hundred thousand dollars ($500,000) nor less than
22-57	ten thousand dollars ($10,000), or both.
22-58	(3) Where the deliverance as prohibited in this subsection shall be the proximate cause
22-59	of death to the person to whom the controlled substance is delivered, it shall not be a defense that
22-60	the person delivering the substance was at the time of delivery, a drug addicted person as defined
22-61	in § 21-28-1.02(18).
22-62	(4) Any person, except as provided for in subdivision (2) of this subsection, who
22-63	violates this subsection with respect to:
22-64	(i) A controlled substance classified in schedule I or II, except the substance classified
22-65	as marijuana, is guilty of a crime and upon conviction may be imprisoned for not more than thirty
22-66	(30) years, or fined not more than one hundred thousand dollars ($100,000) nor less than three
22-67	thousand dollars ($3,000), or both;
23-68	(ii) The manufacture of three (3) or fewer marijuana plants by a person under twenty-one
23-69	(21) years of age, is guilty of a crime and upon conviction may be imprisoned for not more than
23-70	five (5) years, or fined not more than three thousand dollars ($3,000), or both.
23-71	(iii) The manufacture of four (4) or more marijuana plants, is guilty of a crime and upon
23-72	conviction may be imprisoned for not more than ten (10) years, or fined not more than one
23-73	hundred thousand dollars ($100,000), nor less than one thousand dollars ($1,000), or both.
23-74	(iv) The delivery of marijuana, is guilty of a crime and upon conviction maybe
23-75	imprisoned for not more than ten (10) years, or fined not more than one hundred thousand dollars
23-76	($100,000) nor less than one thousand dollars ($1,000), or both.
23-77	~~(ii)~~(v) A controlled substance classified in schedule III or IV, is guilty of a crime and
23-78	upon conviction may be imprisoned for not more than twenty (20) years, or fined not more than
23-79	forty thousand dollars ($40,000), or both; provided, with respect to a controlled substance
23-80	classified in schedule III(d), upon conviction may be imprisoned for not more than five (5) years,
23-81	or fined not more than twenty thousand dollars ($20,000), or both.
23-82	~~(iii)~~(vi) A controlled substance classified in schedule V, is guilty of a crime and upon
23-83	conviction may be imprisoned for not more than one year, or fined not more than ten thousand
23-84	dollars ($10,000), or both.
23-85	(b)(1) Except as authorized by this chapter, it is unlawful for any person to create,
23-86	deliver, or possess with intent to deliver, a counterfeit substance.
23-87	(2) Any person who violates this subsection with respect to:
23-88	(i) A counterfeit substance classified in schedule I or II, is guilty of a crime and upon
23-89	conviction may be imprisoned for not more than thirty (30) years, or fined not more than one
23-90	hundred thousand dollars ($100,000), or both;
23-91	(ii) A counterfeit substance classified in schedule III or IV, is guilty of a crime and
23-92	upon conviction may be imprisoned for not more than twenty (20) years, or fined not more than
23-93	forty thousand dollars ($40,000), or both; provided, with respect to a controlled substance
23-94	classified in schedule III(d), upon conviction may be imprisoned for not more than five (5) years,
23-95	or fined not more than twenty thousand dollars ($20,000) or both.
23-96	(iii) A counterfeit substance classified in schedule V, is guilty of a crime and upon
23-97	conviction may be imprisoned for not more than one year, or fined not more than ten thousand
23-98	dollars ($10,000), or both.
23-99	(c)(1) It shall be unlawful for any person knowingly or intentionally to possess a
23-100	controlled substance, unless the substance was obtained directly from or pursuant to a valid
23-101	prescription or order of a practitioner while acting in the course of his or her professional
23-102	practice, or except as otherwise authorized by this chapter or exempt from arrest by chapters 21-
24-1	28.6.1, 21-28.6.2, or 44-49-17.
24-2	(2) Any person who violates this subsection with respect to:
24-3	(i) A controlled substance classified in schedules I, II and III, IV, and V, except the
24-4	substance classified as marijuana, is guilty of a crime and upon conviction may be imprisoned for
24-5	not more than three (3) years or fined not less than five hundred dollars ($500) nor more than five
24-6	thousand dollars ($5,000), or both;
24-7	(ii) A More than one ounce (1 oz.) of a controlled substance classified in schedule I as
24-8	marijuana is guilty of a misdemeanor and upon conviction may be imprisoned for not more than
24-9	one year or fined not less than two hundred dollars ($200) nor more than five hundred dollars
24-10	($500), or both.
24-11	(iii) Notwithstanding any public, special, or general law to the contrary, the possession of
24-12	one ounce (1 oz.) or less of marijuana by a person who has reached the age of eighteen (18) but
24-13	who is less than twenty-one (21) years of age and who is not exempted from penalties pursuant to
24-14	chapter 21- 28.6 shall constitute a civil offense, rendering the offender liable to a civil penalty in
24-15	the amount of one hundred fifty dollars ($150) and forfeiture of the marijuana.
24-16	(iv) Notwithstanding any public special or general law to the contrary, the possession of
24-17	one ounce (1 oz.) or less of marijuana by a person who is under the age of eighteen (18) years of
24-18	age and who is not exempted from penalties pursuant to chapter 21-28.6 shall constitute a civil
24-19	offense, rendering the minor offender liable to a civil penalty in the amount of one hundred fifty
24-20	dollars ($150) and forfeiture of the marijuana, provided the minor offender completes an
24-21	approved drug awareness program and community service as determined by the court or hearing
24-22	board with jurisdiction. If the person under the age of eighteen (18) years of age fails to complete
24-23	an approved drug awareness program and community service within one year of the offense, the
24-24	penalty shall be a three hundred dollar ($300) civil fine and forfeiture of the marijuana, except
24-25	that if no drug awareness program or community service is available, the penalty shall be a civil
24-26	fine of one hundred fifty dollars ($150) and forfeiture of the marijuana. The parents or legal
24-27	guardian of any offender under the age of eighteen (18) shall be notified of the offense and the
24-28	availability of a drug awareness and community service program. The drug awareness program
24-29	must be approved by the court or juvenile hearing board having jurisdiction of the offense, but
24-30	shall, at a minimum, provide four (4) hours of instruction or group discussion and ten (10) hours
24-31	of community service. Notwithstanding any other public, special, or general law to the contrary,
24-32	this penalty shall apply whether the offense is a first or subsequent offense.
24-33	(v) Any unpaid civil fine issued under paragraphs 21-28-4.01(c)(2)(iii) or 21-28-
24-34	4.01(c)(2)(iv) shall double to three hundred dollars ($300) if not paid within thirty (30) days of
25-1	the offense. The civil fine shall double again to six hundred dollars ($600) if it has not been paid
25-2	within ninety (90) days.
25-3	(vi) No person may be arrested for a violation of paragraphs 21-28-4.01(c)(2)(iii) or 21-
25-4	28-4.01(c)(2)(iv) except as provided in this paragraph. Any person in possession of an
25-5	identification card, license, or other form of identification issued by the state or any state,
25-6	municipality, or any college or university, who fails to produce the same upon request of a police
25-7	officer who informs the person that he or she has been found in possession of what appears to the
25-8	officer to be one ounce (1 oz.) or less of marijuana, or any person without any such forms of
25-9	identification that fails or refuses to truthfully provide his or her name, address, and date of birth
25-10	to a police officer who has informed such person that the officer intends to provide such
25-11	individual with a citation for possession of one ounce (1 oz.) or less of marijuana, may be
25-12	arrested.
25-13	(vii) No violation of paragraphs 21-28-4.01(c)(2)(iii) or 21-28-4.01(c)(2)(iv) shall be
25-14	considered a violation of parole or probation.
25-15	(3) The money associated with the civil fine issued under paragraphs 21-28-4.01(c)(2)(iii)
25-16	or 21- 28-4.01(c)(2)(iv) shall be payable to the municipality in which the offense occurred. Fifty
25-17	percent (50%) of all fines collected in each municipality from civil penalties issued pursuant to
25-18	paragraphs 21-28-4.01(c)(2)(iii) or 21-28-4.01(c)(2)(iv) shall be expended on drug awareness and
25-19	treatment programs for youth. The general assembly encourages and authorizes municipalities to
25-20	work collaboratively to establish and maintain drug awareness programs.
25-21	~~(3)~~(4) Additionally every person convicted or who pleads nolo contendere under
25-22	paragraph (2)(i) of this subsection or convicted or who pleads nolo contendere a second or
25-23	subsequent time under paragraph (2)(ii) of this subsection, who is not sentenced to a term of
25-24	imprisonment to serve for the offense, shall be required to:
25-25	(i) Perform, up to one hundred (100) hours of community service;
25-26	(ii) Attend and complete a drug counseling and education program as prescribed by the
25-27	director of the department of mental health, retardation and hospitals and pay the sum of four
25-28	hundred dollars ($400) to help defray the costs of this program which shall be deposited as
25-29	general revenues. Failure to attend may result after hearing by the court in jail sentence up to one
25-30	year;
25-31	(iii) The court shall not suspend any part or all of the imposition of the fee required by
25-32	this subsection, unless the court finds an inability to pay;
25-33	(iv) If the offense involves the use of any automobile to transport the substance or the
25-34	substance is found within an automobile, then a person convicted or who pleads nolo contendere
26-1	under paragraphs (2)(i) and (ii) of this subsection shall be subject to a loss of license for a period
26-2	of six (6) months for a first offense and one year for each offense after this.
26-3	~~(4)~~(5) All fees assessed and collected pursuant to paragraph (3)(ii) of this subsection
26-4	shall be deposited as general revenues and shall be collected from the person convicted or who
26-5	pleads nolo contendere before any other fines authorized by this chapter.
26-6	(d) It shall be unlawful for any person to manufacture, distribute, or possess with intent
26-7	to manufacture or distribute, an imitation controlled substance. Any person who violates this
26-8	subsection is guilty of a crime, and upon conviction shall be subject to the same term of
26-9	imprisonment and/or fine as provided by this chapter for the manufacture or distribution of the
26-10	controlled substance which the particular imitation controlled substance forming the basis of the
26-11	prosecution was designed to resemble and/or represented to be; but in no case shall the
26-12	imprisonment be for more than five (5) years nor the fine for more than twenty thousand dollars
26-13	($20,000).
26-14	(e) It shall be unlawful for a practitioner to prescribe, order, distribute, supply, or sell an
26-15	anabolic steroid or human growth hormone for: (1) enhancing performance in an exercise, sport,
26-16	or game, or (2) hormonal manipulation intended to increase muscle mass, strength, or weight
26-17	without a medical necessity. Any person who violates this subsection is guilty of a misdemeanor
26-18	and upon conviction may be imprisoned for not more than six (6) months or a fine of not more
26-19	than one thousand dollars ($1,000), or both.
26-20	21-28-4.01.1. Minimum sentence – Certain quantities of controlled substances. -- (a)
26-21	Except as authorized by this chapter, it shall be unlawful for any person to manufacture, sell, or
26-22	possess with intent to manufacture, or sell, a controlled substance classified in schedules I or II
26-23	(excluding marijuana) or to possess or deliver the following enumerated quantities of certain
26-24	controlled substances:
26-25	(1) One ounce (1 oz.) to one kilogram (1 kg.) of a mixture or substance containing a
26-26	detectable amount of heroin;
26-27	(2) One ounce (1 oz.) to one kilogram (1 kg.) of a mixture or substance containing a
26-28	detectable amount of:
26-29	(i) Coca leaves, except coca leaves and extracts of coca leaves from which cocaine,
26-30	ecgonine, and derivatives of ecgonine or their salts have been removed;
26-31	(ii) Cocaine, its salts, optical and geometric isomers, and salts of isomers;
26-32	(iii) Ecgonine, its derivatives, their salts, isomers, and salts of isomers; or
26-33	(iv) Any compound, mixture, or preparation which contains any quantity of any of the
26-34	substances referred to in paragraphs (i) – (iii) of this subdivision;
27-1	(3) One gram (1 g.) to ten grams (10 gs.) of phencyclidine (PCP) or one hundred (100)
27-2	to one thousand (1,000) tablets of a mixture or substance containing a detectable amount of
27-3	phencyclidine (PCP); or
27-4	(4) One-tenth of a gram (0.1 g.) to one gram (1 g.) of lysergic acid diethylamide (LSD)
27-5	or one hundred (100) to one thousand (1,000) tablets of a mixture or substance containing a
27-6	detectable amount of lysergic acid diethylamide (LSD)~~; or~~.
27-7	~~(5) One kilogram (1 kg.) to five (5 kgs.) kilograms of a mixture containing a detectable~~
27-8	~~amount of marijuana.~~
27-9	(b) Any person who violates this section shall be guilty of a crime, and upon
27-10	conviction, may be imprisoned for a term up to fifty (50) years and fined not more than five
27-11	hundred thousand dollars ($500,000).
27-12	21-28-4.01.2. Minimum sentence – Certain quantities of controlled substances. -- (a)
27-13	Except as authorized by the chapter, it shall be unlawful for any person to possess, manufacture,
27-14	sell, or deliver the following enumerated quantities of certain controlled substances:
27-15	(1) More than one kilogram (1 kg.) of a mixture or substance containing a detectable
27-16	amount of heroin;
27-17	(2) More than one kilogram (1 kg.) of a mixture or substance containing a detectable
27-18	amount of
27-19	(i) Coca leaves, except coca leaves and extracts of coca leaves from which cocaine,
27-20	ecgonine, and derivatives of ecgonine or their salts have been removed;
27-21	(ii) Cocaine, its salts, optical and geometric isomers, and salts of isomers;
27-22	(iii) Ecgonine, its derivatives, their salts, isomers, and salts of isomers; or
27-23	(iv) Any compound, mixture, or preparation which contains any quantity of any of the
27-24	substances referred to in paragraphs (i) – (iii) of this subdivision;
27-25	(3) More than ten grams (10 gs.) of phencyclidine (PCP) or more than one thousand
27-26	(1,000) tablets of a mixture or substance containing a detectable amount of phencyclidine (PCP);
27-27	or
27-28	(4) More than one gram (1 g.) of lysergic acid diethylamide (LSD); or more than one
27-29	thousand (1,000) tablets of a mixture or substance containing a detectable amount of lysergic acid
27-30	diethylamide (LSD)~~; or~~.
27-31	~~(5) More than five kilograms (5 kgs.) of a mixture containing a detectable amount of~~
27-32	~~marijuana.~~
27-33	(b) Any person who violates this section shall be guilty of a crime, and upon
27-34	conviction, may be imprisoned for a term up to life and fined not more than one million dollars
28-1	($1,000,000).
28-2	21-28-4.11. Second offenses. -- (A) Any person convicted of a second offense under this
28-3	chapter, except for violations of paragraphs 21-28-4.01(c)(2)(iii) or 2l-28-4.01(c)(2)(iv), may be
28-4	imprisoned for a term up to twice the term authorized, fined an amount up to twice that
28-5	authorized, or both.
28-6	(B) For purposes of this section, an offense is considered a second offense if, prior to
28-7	his or her conviction of the offense, the offender has at any time been convicted under this
28-8	chapter, except for violations of paragraphs 21-28-4.01(c)(2)(iii) or 2l-28-4.01(c)(2)(iv), or under
28-9	any statute of the United States or of any state relating to narcotic drugs, marijuana, depressant,
28-10	stimulant, or hallucinogenic drugs.
28-11	21-28-4.14. Third or subsequent offenses. -- (a) Any person convicted of a third or
28-12	subsequent offense under this chapter, except for violations of paragraphs 21-28-4.01(c)(2)(iii) or
28-13	2l-28-4.01(c)(2)(iv), may be imprisoned for a term up to three (3) times the term authorized, and
28-14	fined an amount up to three (3) times that authorized by § 21-28-4.11, or both.
28-15	(b) For purposes of this section, an offense is considered a third or subsequent offense if, prior
28-16	to his or her conviction of the offense, the offender has at any time been convicted twice under
28-17	this chapter, except for violations of paragraphs 21-28-4.01(c)(2)(iii) or 2l-28-4.01(c)(2)(iv), or
28-18	twice under any statute of the United States or of any state, or any combination of them, relating
28-19	to narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic drug.
28-20	SECTION 4. Chapter 21-28 of the General Laws entitled “Uniform Controlled
28-21	Substances Act” is hereby amended by adding thereto the following section:
28-22	21-28-4.22. Marijuana exemption.-- The penalties provided for in this chapter do not
28-23	apply to those exempted from criminal penalties pursuant to sections 21-28.6.1, 21-28.6.2 and
28-24	44-49-17.
28-25	SECTION 5. Sections 31-27-2 and 31-27-2.4 of the General Laws in chapter 31-27
28-26	entitled “Motor Vehicle Offenses” are hereby amended to read as follows:
28-27	31-27-2. Driving under influence of liquor or drugs. -- (a) Whoever drives or
28-28	otherwise operates any vehicle in the state while under the influence of any intoxicating liquor,
28-29	drugs, toluene, or any controlled substance as defined in chapter 28 of title 21, or any
28-30	combination of these, shall be guilty of a misdemeanor except as provided in subdivision (d)(3)
28-31	and shall be punished as provided in subsection (d) of this section.
28-32	(b)(1) Any person charged under subsection (a) of this section whose blood alcohol
28-33	concentration is eight one-hundredths of one percent (.08%) or more by weight as shown by a
28-34	chemical analysis of a blood, breath, or urine sample shall be guilty of violating subsection (a) of
29-1	this section. This provision shall not preclude a conviction based on other admissible evidence.
29-2	Proof of guilt under this section may also be based on evidence that the person charged was under
29-3	the influence of intoxicating liquor, drugs, toluene, or any controlled substance defined in chapter
29-4	28 of title 21, or any combination of these, to a degree which rendered the person incapable of
29-5	safely operating a vehicle. The fact that any person charged with violating this section is or has
29-6	been legally entitled to use alcohol or a drug shall not constitute a defense against any charge of
29-7	violating this section.
29-8	(2) Whoever drives or otherwise operates any vehicle in the state with a blood presence
29-9	of any scheduled controlled substance as defined within chapter 28 of title 21, as shown by
29-10	analysis of a blood or urine sample, shall be guilty of a misdemeanor and shall be punished as
29-11	provided in subsection (d) of this section. A person twenty-one (21) years of age or older or a
29-12	person exempt from criminal penalties for the medical use of marijuana pursuant to chapter 21-
29-13	28.6 of the general laws shall not be considered under the influence of marijuana solely because
29-14	of the presence of marijuana metabolites or components of marijuana unless the concentration of
29-15	components of marijuana is proven to be sufficient to cause impairment.
29-16	(c) In any criminal prosecution for a violation of subsection (a) of this section, evidence
29-17	as to the amount of intoxicating liquor, toluene, or any controlled substance as defined in chapter
29-18	28 of title 21, or any combination of these, in the defendant's blood at the time alleged as shown
29-19	by a chemical analysis of the defendant's breath, blood, or urine or other bodily substance shall be
29-20	admissible and competent, provided that evidence is presented that the following conditions have
29-21	been complied with:
29-22	(1) The defendant has consented to the taking of the test upon which the analysis is
29-23	made. Evidence that the defendant had refused to submit to the test shall not be admissible unless
29-24	the defendant elects to testify.
29-25	(2) A true copy of the report of the test result was mailed within seventy-two (72) hours
29-26	of the taking of the test to the person submitting to a breath test.
29-27	(3) Any person submitting to a chemical test of blood, urine, or other body fluids shall
29-28	have a true copy of the report of the test result mailed to him or her within thirty (30) days
29-29	following the taking of the test.
29-30	(4) The test was performed according to methods and with equipment approved by the
29-31	director of the department of health of the state of Rhode Island and by an authorized individual.
29-32	(5) Equipment used for the conduct of the tests by means of breath analysis had been
29-33	tested for accuracy within thirty (30) days preceding the test by personnel qualified as
29-34	hereinbefore provided, and breathalyzer operators shall be qualified and certified by the
30-1	department of health within three hundred sixty-five (365) days of the test.
30-2	(6) The person arrested and charged with operating a motor vehicle while under the
30-3	influence of intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of
30-4	title 21, or, any combination of these in violation of subsection (a) of this section was afforded the
30-5	opportunity to have an additional chemical test. The officer arresting or so charging the person
30-6	shall have informed the person of this right and afforded him or her a reasonable opportunity to
30-7	exercise this right, and a notation to this effect is made in the official records of the case in the
30-8	police department. Refusal to permit an additional chemical test shall render incompetent and
30-9	inadmissible in evidence the original report.
30-10	(d)(1) Every person found to have violated subdivision (b)(1) of this section shall be
30-11	sentenced as follows: for a first violation whose blood alcohol concentration is eight one-
30-12	hundredths of one percent (.08%) but less than one-tenth of one percent (.1%) by weight or who
30-13	has a blood presence of any scheduled controlled substance as defined in subdivision (b)(2) shall
30-14	be subject to a fine of not less than one hundred dollars ($100) nor more than three hundred
30-15	dollars ($300), shall be required to perform ten (10) to sixty (60) hours of public community
30-16	restitution, and/or shall be imprisoned for up to one year. The sentence may be served in any unit
30-17	of the adult correctional institutions in the discretion of the sentencing judge and/or shall be
30-18	required to attend a special course on driving while intoxicated or under the influence of a
30-19	controlled substance; provided, however, that the court may permit a servicemember or veteran to
30-20	complete any court-approved counseling program administered or approved by the Veterans'
30-21	Administration, and his or her driver's license shall be suspended for thirty (30) days up to one
30-22	hundred eighty (180) days.
30-23	~~(ii)~~(i) Every person convicted of a first violation whose blood alcohol concentration is
30-24	one-tenth of one percent (.1%) by weight or above but less than fifteen hundredths of one percent
30-25	(.15%) or whose blood alcohol concentration is unknown shall be subject to a fine of not less than
30-26	one hundred ($100) dollars nor more than four hundred dollars ($400) and shall be required to
30-27	perform ten (10) to sixty (60) hours of public community restitution and/or shall be imprisoned
30-28	for up to one year. The sentence may be served in any unit of the adult correctional institutions in
30-29	the discretion of the sentencing judge. The person's driving license shall be suspended for a
30-30	period of three (3) months to twelve (12) months. The sentencing judge shall require attendance
30-31	at a special course on driving while intoxicated or under the influence of a controlled substance
30-32	and/or alcoholic or drug treatment for the individual; provided, however, that the court may
30-33	permit a servicemember or veteran to complete any court-approved counseling program
30-34	administered or approved by the Veterans' Administration.
31-1	~~(iii)~~(ii) Every person convicted of a first offense whose blood alcohol concentration is
31-2	fifteen hundredths of one percent (.15%) or above, or who is under the influence of a drug,
31-3	toluene, or any controlled substance as defined in subdivision (b)(1) shall be subject to a fine of
31-4	five hundred dollars ($500) and shall be required to perform twenty (20) to sixty (60) hours of
31-5	public community restitution and/or shall be imprisoned for up to one year. The sentence may be
31-6	served in any unit of the adult correctional institutions in the discretion of the sentencing judge.
31-7	The person's driving license shall be suspended for a period of three (3) months to eighteen (18)
31-8	months. The sentencing judge shall require attendance at a special course on driving while
31-9	intoxicated or under the influence of a controlled substance and/or alcohol or drug treatment for
31-10	the individual; provided, however, that the court may permit a servicemember or veteran to
31-11	complete any court-approved counseling program administered or approved by the Veterans'
31-12	Administration.
31-13	(2) Every person convicted of a second violation within a five (5) year period with a
31-14	blood alcohol concentration of eight one-hundredths of one percent (.08%) or above but less than
31-15	fifteen hundredths of one percent (.15%) or whose blood alcohol concentration is unknown or
31-16	who has a blood presence of any controlled substance as defined in subdivision (b)(2), and every
31-17	person convicted of a second violation within a five (5) year period regardless of whether the
31-18	prior violation and subsequent conviction was a violation and subsequent conviction under this
31-19	statute or under the driving under the influence of liquor or drugs statute of any other state, shall
31-20	be subject to a mandatory fine of four hundred dollars ($400). The person's driving license shall
31-21	be suspended for a period of one year to two (2) years, and the individual shall be sentenced to
31-22	not less than ten (10) days nor more than one year in jail. The sentence may be served in any unit
31-23	of the adult correctional institutions in the discretion of the sentencing judge; however, not less
31-24	than forty-eight (48) hours of imprisonment shall be served consecutively. The sentencing judge
31-25	shall require alcohol or drug treatment for the individual; provided, however, that the court may
31-26	permit a servicemember or veteran to complete any court-approved counseling program
31-27	administered or approved by the Veterans' Administration and may prohibit that person from
31-28	operating a motor vehicle that is not equipped with an ignition interlock system for a period of
31-29	one year to two (2) years following the completion of the sentence as provided in § 31-27-2.8.
31-30	~~(ii)~~(i) Every person convicted of a second violation within a five (5) year period whose
31-31	blood alcohol concentration is fifteen hundredths of one percent (.15%) or above by weight as
31-32	shown by a chemical analysis of a blood, breath, or urine sample or who is under the influence of
31-33	a drug, toluene, or any controlled substance as defined in subdivision (b)(1) shall be subject to
31-34	mandatory imprisonment of not less than six (6) months nor more than one year, a mandatory fine
32-1	of not less than one thousand dollars ($1,000) and a mandatory license suspension for a period of
32-2	two (2) years from the date of completion of the sentence imposed under this subsection. The
32-3	sentencing judge shall require alcohol or drug treatment for the individual; provided, however,
32-4	that the court may permit a servicemember or veteran to complete any court approved counseling
32-5	program administered or approved by the Veterans' Administration.
32-6	(3) Every person convicted of a third or subsequent violation within a five (5) year
32-7	period with a blood alcohol concentration of eight one-hundredths of one percent (.08%) or above
32-8	but less than fifteen hundredths of one percent (.15%) or whose blood alcohol concentration is
32-9	unknown or who has a blood presence of any scheduled controlled substance as defined in
32-10	subdivision (b)(2) regardless of whether any prior violation and subsequent conviction was a
32-11	violation and subsequent conviction under this statute or under the driving under the influence of
32-12	liquor or drugs statute of any other state, shall be guilty of a felony and be subject to a mandatory
32-13	fine of four hundred ($400) dollars. The person's driving license shall be suspended for a period
32-14	of two (2) years to three (3) years, and the individual shall be sentenced to not less than one year
32-15	and not more than three (3) years in jail. The sentence may be served in any unit of the adult
32-16	correctional institutions in the discretion of the sentencing judge; however, not less than forty-
32-17	eight (48) hours of imprisonment shall be served consecutively. The sentencing judge shall
32-18	require alcohol or drug treatment for the individual; provided, however, that the court may permit
32-19	a servicemember or veteran to complete any court-approved counseling program administered or
32-20	approved by the Veterans' Administration, and may prohibit that person from operating a motor
32-21	vehicle that is not equipped with an ignition interlock system for a period of two (2) years
32-22	following the completion of the sentence as provided in § 31-27-2.8.
32-23	~~(ii)~~(i) Every person convicted of a third or subsequent violation within a five (5) year
32-24	period whose blood alcohol concentration is fifteen hundredths of one percent (.15%) above by
32-25	weight as shown by a chemical analysis of a blood, breath, or urine sample or who is under the
32-26	influence of a drug, toluene or any controlled substance as defined in subdivision (b)(1) shall be
32-27	subject to mandatory imprisonment of not less than three (3) years nor more than five (5) years, a
32-28	mandatory fine of not less than one thousand dollars ($1,000) nor more than five thousand dollars
32-29	($5,000) and a mandatory license suspension for a period of three (3) years from the date of
32-30	completion of the sentence imposed under this subsection.
32-31	~~(iii)~~(ii) In addition to the foregoing penalties, every person convicted of a third or
32-32	subsequent violation within a five (5) year period regardless of whether any prior violation and
32-33	subsequent conviction was a violation and subsequent conviction under this statute or under the
32-34	driving under the influence of liquor or drugs statute of any other state shall be subject, in the
33-1	discretion of the sentencing judge, to having the vehicle owned and operated by the violator
33-2	seized and sold by the state of Rhode Island, with all funds obtained by the sale to be transferred
33-3	to the general fund.
33-4	(4) Whoever drives or otherwise operates any vehicle in the state while under the
33-5	influence of any intoxicating liquor, drugs, toluene, or any controlled substance as defined in
33-6	chapter 28 of title 21, or any combination of these, when his or her license to operate is
33-7	suspended, revoked or cancelled for operating under the influence of a narcotic drug or
33-8	intoxicating liquor shall be guilty of a felony punishable by imprisonment for not more than three
33-9	(3) years and by a fine or not more than three thousand dollars ($3,000). The court shall require
33-10	alcohol and/or drug treatment for the individual; provided, the penalties provided for in
33-11	subdivision 31-27-2(d)(4) shall not apply to an individual who has surrendered his or her license,
33-12	and served the court ordered period of suspension, but who, for any reason, has not had their
33-13	license reinstated after the period of suspension, revocation, or suspension has expired; provided,
33-14	further the individual shall be subject to the provisions of paragraphs 31-27-2(d)(2)(i) or (ii) or
33-15	31-27-22(d)(3)(i), (ii), or (iii) regarding subsequent offenses, and any other applicable provision
33-16	of § 31-27-2.
33-17	(5) For purposes of determining the period of license suspension, a prior violation shall
33-18	constitute any charge brought and sustained under the provisions of this section or § 31-27-2.1.
33-19	~~(ii)~~(i) Any person over the age of eighteen (18) who is convicted under this section for
33-20	operating a motor vehicle while under the influence of alcohol, other drugs, or a combination of
33-21	these, while a child under the age of thirteen (13) years was present as a passenger in the motor
33-22	vehicle when the offense was committed may be sentenced to a term of imprisonment of not more
33-23	than one year and further shall not be entitled to the benefit of suspension or deferment of this
33-24	sentence. The sentence imposed under this section may be served in any unit of the adult
33-25	correctional institutions in the discretion of the sentencing judge.
33-26	(6) Any person convicted of a violation under this section shall pay a highway
33-27	assessment fine of five hundred dollars ($500) which shall be deposited into the general fund. The
33-28	assessment provided for by this subsection shall be collected from a violator before any other
33-29	fines authorized by this section.
33-30	~~(ii)~~(i) Any person convicted of a violation under this section shall be assessed a fee of
33-31	eighty-six dollars ($86).
33-32	(7) If the person convicted of violating this section is under the age of eighteen (18)
33-33	years, for the first violation he or she shall be required to perform ten (10) to sixty (60) hours of
33-34	public community restitution, and the juvenile's driving license shall be suspended for a period of
34-1	six (6) months, and may be suspended for a period up to eighteen (18) months. The sentencing
34-2	judge shall also require attendance at a special course on driving while intoxicated or under the
34-3	influence of a controlled substance and alcohol or drug education and/or treatment for the
34-4	juvenile. The juvenile may also be required to pay a highway assessment fine of no more than
34-5	five hundred dollars ($500), and the assessment imposed shall be deposited into the general fund.
34-6	~~(ii)~~(i) If the person convicted of violating this section is under the age of eighteen (18)
34-7	years, for a second or subsequent violation regardless of whether any prior violation and
34-8	subsequent conviction was a violation and subsequent under this statute or under the driving
34-9	under the influence of liquor or drugs statute of any other state, he or she shall be subject to a
34-10	mandatory suspension of his or her driving license until such time as he or she is twenty-one (21)
34-11	years of age and may, in the discretion of the sentencing judge, also be sentenced to the Rhode
34-12	Island training school for a period of not more than one year and/or a fine of not more than five
34-13	hundred dollars ($500).
34-14	(8) Any person convicted of a violation under this section may undergo a clinical
34-15	assessment at the community college of Rhode Island 's center for workforce and community
34-16	education. Should this clinical assessment determine problems of alcohol, drug abuse, or
34-17	psychological problems associated with alcoholic or drug abuse, this person shall be referred to
34-18	an appropriate facility, licensed or approved by the department of mental health, retardation and
34-19	hospitals for treatment placement, case management, and monitoring. In the case of a
34-20	servicemember or veteran, the court may order that the person be evaluated through the Veterans'
34-21	Administration. Should the clinical assessment determine problems of alcohol, drug abuse, or
34-22	psychological problems associated with alcohol or drug abuse, the person may have their
34-23	treatment, case management and monitoring administered or approved by the Veterans'
34-24	Administration.
34-25	(e) Percent by weight of alcohol in the blood shall be based upon milligrams of alcohol
34-26	per one hundred (100) cubic centimeters of blood.
34-27	(f)(1) There is established an alcohol and drug safety unit within the division of motor
34-28	vehicles to administer an alcohol safety action program. The program shall provide for placement
34-29	and follow-up for persons who are required to pay the highway safety assessment. The alcohol
34-30	and drug safety action program will be administered in conjunction with alcohol and drug
34-31	programs licensed by the department of mental health retardation and hospitals.
34-32	(2) Persons convicted under the provisions of this chapter shall be required to attend a
34-33	special course on driving while intoxicated or under the influence of a controlled substance,
34-34	and/or participate in an alcohol or drug treatment program; provided, however, that the court may
35-1	permit a servicemember or veteran to complete any court-approved counseling program
35-2	administered or approved by the Veterans' Administration. The course shall take into
35-3	consideration any language barrier which may exist as to any person ordered to attend, and shall
35-4	provide for instruction reasonably calculated to communicate the purposes of the course in
35-5	accordance with the requirements of the subsection. Any costs reasonably incurred in connection
35-6	with the provision of this accommodation shall be borne by the person being retrained. A copy of
35-7	any violation under this section shall be forwarded by the court to the alcohol and drug safety
35-8	unit. In the event that persons convicted under the provisions of this chapter fail to attend and
35-9	complete the above course or treatment program, as ordered by the judge, then the person may be
35-10	brought before the court, and after a hearing as to why the order of the court was not followed,
35-11	may be sentenced to jail for a period not exceeding one year.
35-12	(3) The alcohol and drug safety action program within the division of motor vehicles
35-13	shall be funded by general revenue appropriations.
35-14	(g) The director of the health department of the state of Rhode Island is empowered to
35-15	make and file with the secretary of state regulations which prescribe the techniques and methods
35-16	of chemical analysis of the person's body fluids or breath, and the qualifications and certification
35-17	of individuals authorized to administer this testing and analysis.
35-18	(h) Jurisdiction for misdemeanor violations of this section shall be with the district
35-19	court for persons eighteen (18) years of age or older and to the family court for persons under the
35-20	age of eighteen (18) years. The courts shall have full authority to impose any sentence authorized
35-21	and to order the suspension of any license for violations of this section. All trials in the district
35-22	court and family court of violations of the section shall be scheduled within thirty (30) days of the
35-23	arraignment date. No continuance or postponement shall be granted except for good cause shown.
35-24	Any continuances that are necessary shall be granted for the shortest practicable time. Trials in
35-25	superior court are not required to be scheduled within thirty (30) days of the arraignment date.
35-26	(i) No fines, suspensions, assessments, alcohol or drug treatment programs, course on
35-27	driving while intoxicated or under the influence of a controlled substance, public community
35-28	restitution, or jail provided for under this section can be suspended.
35-29	(j) An order to attend a special course on driving while intoxicated that shall be
35-30	administered in cooperation with a college or university accredited by the state, shall include a
35-31	provision to pay a reasonable tuition for the course in an amount not less than twenty-five dollars
35-32	($25.00), and a fee of one hundred seventy-five dollars ($175), which fee shall be deposited into
35-33	the general fund.
36-34	(k) For the purposes of this section, any test of a sample of blood, breath, or urine for
36-35	the presence of alcohol, which relies in whole or in part upon the principle of infrared light
36-36	absorption is considered a chemical test.
36-37	(l) If any provision of this section or the application of any provision shall for any
36-38	reason be judged invalid, such a judgment shall not affect, impair, or invalidate the remainder of
36-39	the section, but shall be confined in this effect to the provision or application directly involved in
36-40	the controversy giving rise to the judgment.
36-41	(m) For the purposes of this section, "servicemember" means a person who is presently
36-42	serving in the armed forces of the United States including the Coast Guard, a reserve component
36-43	thereof, or the National Guard. "Veteran" means a person who has served in the armed forces,
36-44	including the Coast Guard of the United States, a reserve component thereof, or the National
36-45	Guard, and has been discharged under other than dishonorable conditions.
36-46	31-27-2.4. Driving while in possession of controlled substances. -- (a) In addition to
36-47	any other penalty prescribed by law, whoever operates any motor vehicle while knowingly having
36-48	in the motor vehicle or in his or her possession, a controlled substance, as defined in § 21-28-
36-49	1.02, except for possession of marijuana shall have his or her license suspended for a period of
36-50	six (6) months.
36-51	(b) This section shall not apply to any person who lawfully possesses a controlled
36-52	substance, as defined in § 21-28-1.02, as a direct result and pursuant to a valid prescription from a
36-53	licensed medical practitioner, or as otherwise authorized by chapter 28 of title 21.
36-54	SECTION 6. Chapter 44-49 of the General Laws entitled “Taxation of Marijuana and
36-55	Controlled Substances” is hereby amended by adding thereto the following section.
36-56	44-49-17. No tax stamp required.-- Controlled substance tax payment with a stamp or
36-57	other official indicia, as referred to in section 44-49-5, is not required for registered retailers and
36-58	wholesalers and the penalties provided for in this chapter do not apply to those acting in
36-59	accordance with the laws of, and regulations enacted through the authority of, title 21 of the
36-60	general laws.
36-61	SECTION 7. This act shall take effect upon passage.

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	LC00762
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	EXPLANATION
	BY THE LEGISLATIVE COUNCIL
	OF
	A N A C T
	RELATING TO FOOD AND DRUGS - TAXATION AND REGULATION OF MARIJUANA
	***

37-1	This act would legalize marijuana and establish regulations associated with legalization.
37-2	This act would take effect upon passage.

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	LC00762
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H7582