2013 -- S 0654

=======

LC01794

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

____________

A N A C T

RELATING TO FOOD AND DRUGS - UNIFORMED CONTROLLED SUBSTANCE ACT

     Introduced By: Senator Joshua Miller

     Date Introduced: March 06, 2013

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

1-1

     SECTION 1. Section 21-28-4.01 of the General Laws in Chapter 21-28 entitled "Uniform

1-2

Controlled Substances Act" is hereby amended to read as follows:

1-3

     21-28-4.01. Prohibited acts A -- Penalties. [Effective until April 1, 2013.] -- (a) (1)

1-4

Except as authorized by this chapter, it shall be unlawful for any person to manufacture, deliver,

1-5

or possess with intent to manufacture or deliver a controlled substance.

1-6

      (2) Any person who is not a drug addicted person, as defined in section 21-28-1.02(18),

1-7

who violates this subsection with respect to a controlled substance classified in schedule I or II,

1-8

except the substance classified as marijuana, is guilty of a crime and upon conviction may be

1-9

imprisoned to a term up to life, or fined not more than five hundred thousand dollars ($500,000)

1-10

nor less than ten thousand dollars ($10,000), or both.

1-11

      (3) Where the deliverance as prohibited in this subsection shall be the proximate cause of

1-12

death to the person to whom the controlled substance is delivered, it shall not be a defense that

1-13

the person delivering the substance was at the time of delivery, a drug addicted person as defined

1-14

in section 21-28-1.02(18).

1-15

      (4) Any person, except as provided for in subdivision (2) of this subsection, who violates

1-16

this subsection with respect to:

1-17

      (i) A controlled substance classified in schedule I or II, is guilty of a crime and upon

1-18

conviction may be imprisoned for not more than thirty (30) years, or fined not more than one

1-19

hundred thousand dollars ($100,000) nor less than three thousand dollars ($3,000), or both;

2-20

      (ii) A controlled substance classified in schedule III or IV, is guilty of a crime and upon

2-21

conviction may be imprisoned for not more than twenty (20) years, or fined not more than forty

2-22

thousand dollars ($40,000), or both; provided, with respect to a controlled substance classified in

2-23

schedule III(d), upon conviction may be imprisoned for not more than five (5) years, or fined not

2-24

more than twenty thousand dollars ($20,000), or both.

2-25

      (iii) A controlled substance classified in schedule V, is guilty of a crime and upon

2-26

conviction may be imprisoned for not more than one year, or fined not more than ten thousand

2-27

dollars ($10,000), or both.

2-28

      (b) (1) Except as authorized by this chapter, it is unlawful for any person to create,

2-29

deliver, or possess with intent to deliver, a counterfeit substance.

2-30

      (2) Any person who violates this subsection with respect to:

2-31

      (i) A counterfeit substance classified in schedule I or II, is guilty of a crime and upon

2-32

conviction may be imprisoned for not more than thirty (30) years, or fined not more than one

2-33

hundred thousand dollars ($100,000), or both;

2-34

      (ii) A counterfeit substance classified in schedule III or IV, is guilty of a crime and upon

2-35

conviction may be imprisoned for not more than twenty (20) years, or fined not more than forty

2-36

thousand dollars ($40,000), or both; provided, with respect to a controlled substance classified in

2-37

schedule III(d), upon conviction may be imprisoned for not more than five (5) years, or fined not

2-38

more than twenty thousand dollars ($20,000) or both.

2-39

      (iii) A counterfeit substance classified in schedule V, is guilty of a crime and upon

2-40

conviction may be imprisoned for not more than one year, or fined not more than ten thousand

2-41

dollars ($10,000), or both.

2-42

      (c) (1) It shall be unlawful for any person knowingly or intentionally to possess a

2-43

controlled substance, unless the substance was obtained directly from or pursuant to a valid

2-44

prescription or order of a practitioner while acting in the course of his or her professional

2-45

practice, or except as otherwise authorized by this chapter.

2-46

      (2) Any person who violates this subsection with respect to:

2-47

      (i) A controlled substance classified in schedules I, II and III, IV, and V, except the

2-48

substance classified as marijuana, is guilty of a crime and upon conviction may be imprisoned for

2-49

not more than three (3) years or fined not less than five hundred dollars ($500) nor more than five

2-50

thousand dollars ($5,000), or both;

2-51

      (ii) A controlled substance classified in schedule I as marijuana is guilty of a

2-52

misdemeanor and upon conviction may be imprisoned for not more than one year or fined not less

2-53

than two hundred dollars ($200) nor more than five hundred dollars ($500), or both.

3-54

      (3) Additionally every person convicted or who pleads nolo contendere under paragraph

3-55

(2)(i) of this subsection or convicted or who pleads nolo contendere a second or subsequent time

3-56

under paragraph (2)(ii) of this subsection, who is not sentenced to a term of imprisonment to

3-57

serve for the offense, shall be required to:

3-58

      (i) Perform, up to one hundred (100) hours of community service;

3-59

      (ii) Attend and complete a drug counseling and education program as prescribed by the

3-60

director of the department of mental health, retardation and hospitals and pay the sum of four

3-61

hundred dollars ($400) to help defray the costs of this program which shall be deposited as

3-62

general revenues. Failure to attend may result after hearing by the court in jail sentence up to one

3-63

year;

3-64

      (iii) The court shall not suspend any part or all of the imposition of the fee required by

3-65

this subsection, unless the court finds an inability to pay;

3-66

      (iv) If the offense involves the use of any automobile to transport the substance or the

3-67

substance is found within an automobile, then a person convicted or who pleads nolo contendere

3-68

under paragraphs (2)(i) and (ii) of this subsection shall be subject to a loss of license for a period

3-69

of six (6) months for a first offense and one year for each offense after this.

3-70

      (4) All fees assessed and collected pursuant to paragraph (3)(ii) of this subsection shall

3-71

be deposited as general revenues and shall be collected from the person convicted or who pleads

3-72

nolo contendere before any other fines authorized by this chapter.

3-73

      (d) It shall be unlawful for any person to manufacture, distribute, or possess with intent

3-74

to manufacture or distribute, an imitation controlled substance. Any person who violates this

3-75

subsection is guilty of a crime, and upon conviction shall be subject to the same term of

3-76

imprisonment and/or fine as provided by this chapter for the manufacture or distribution of the

3-77

controlled substance which the particular imitation controlled substance forming the basis of the

3-78

prosecution was designed to resemble and/or represented to be; but in no case shall the

3-79

imprisonment be for more than five (5) years nor the fine for more than twenty thousand dollars

3-80

($20,000).

3-81

      (e) It shall be unlawful for a practitioner to prescribe, order, distribute, supply, or sell an

3-82

anabolic steroid or human growth hormone for: (1) enhancing performance in an exercise, sport,

3-83

or game, or (2) hormonal manipulation intended to increase muscle mass, strength, or weight

3-84

without a medical necessity. Any person who violates this subsection is guilty of a misdemeanor

3-85

and upon conviction may be imprisoned for not more than six (6) months or a fine of not more

3-86

than one thousand dollars ($1,000), or both.

3-87

     21-28-4.01. Prohibited acts A -- Penalties. [Effective April 1, 2013.] -- (a) (1) Except

3-88

as authorized by this chapter, it shall be unlawful for any person to manufacture, deliver, or

4-1

possess with intent to manufacture or deliver a controlled substance.

4-2

      (2) Any person who is not a drug addicted person, as defined in section 21-28-1.02(18),

4-3

who violates this subsection with respect to a controlled substance classified in schedule I or II,

4-4

except the substance classified as marijuana, is guilty of a crime and upon conviction may be

4-5

imprisoned to a term up to life, or fined not more than five hundred thousand dollars ($500,000)

4-6

nor less than ten thousand dollars ($10,000), or both.

4-7

      (3) Where the deliverance as prohibited in this subsection shall be the proximate cause of

4-8

death to the person to whom the controlled substance is delivered, it shall not be a defense that

4-9

the person delivering the substance was at the time of delivery, a drug addicted person as defined

4-10

in section 21-28-1.02(18).

4-11

      (4) Any person, except as provided for in subdivision (2) of this subsection, who violates

4-12

this subsection with respect to:

4-13

      (i) A controlled substance classified in schedule I or II, is guilty of a crime and upon

4-14

conviction may be imprisoned for not more than thirty (30) years, or fined not more than one

4-15

hundred thousand dollars ($100,000) nor less than three thousand dollars ($3,000), or both;

4-16

      (ii) A controlled substance classified in schedule III or IV, is guilty of a crime and upon

4-17

conviction may be imprisoned for not more than twenty (20) years, or fined not more than forty

4-18

thousand dollars ($40,000), or both; provided, with respect to a controlled substance classified in

4-19

schedule III(d), upon conviction may be imprisoned for not more than five (5) years, or fined not

4-20

more than twenty thousand dollars ($20,000), or both.

4-21

      (iii) A controlled substance classified in schedule V, is guilty of a crime and upon

4-22

conviction may be imprisoned for not more than one year, or fined not more than ten thousand

4-23

dollars ($10,000), or both.

4-24

      (b) (1) Except as authorized by this chapter, it is unlawful for any person to create,

4-25

deliver, or possess with intent to deliver, a counterfeit substance.

4-26

      (2) Any person who violates this subsection with respect to:

4-27

      (i) A counterfeit substance classified in schedule I or II, is guilty of a crime and upon

4-28

conviction may be imprisoned for not more than thirty (30) years, or fined not more than one

4-29

hundred thousand dollars ($100,000), or both;

4-30

      (ii) A counterfeit substance classified in schedule III or IV, is guilty of a crime and upon

4-31

conviction may be imprisoned for not more than twenty (20) years, or fined not more than forty

4-32

thousand dollars ($40,000), or both; provided, with respect to a controlled substance classified in

4-33

schedule III(d), upon conviction may be imprisoned for not more than five (5) years, or fined not

4-34

more than twenty thousand dollars ($20,000) or both.

5-1

      (iii) A counterfeit substance classified in schedule V, is guilty of a crime and upon

5-2

conviction may be imprisoned for not more than one year, or fined not more than ten thousand

5-3

dollars ($10,000), or both.

5-4

      (c) (1) It shall be unlawful for any person knowingly or intentionally to possess a

5-5

controlled substance, unless the substance was obtained directly from or pursuant to a valid

5-6

prescription or order of a practitioner while acting in the course of his or her professional

5-7

practice, or except as otherwise authorized by this chapter.

5-8

      (2) Any person who violates this subsection with respect to:

5-9

      (i) A controlled substance classified in schedules I, II and III, IV, and V, except the

5-10

substance classified as marijuana, is guilty of a crime and upon conviction may be imprisoned for

5-11

not more than three (3) years or fined not less than five hundred dollars ($500) nor more than five

5-12

thousand dollars ($5,000), or both;

5-13

      (ii) More than one ounce (1 oz.) of a controlled substance classified in schedule I as

5-14

marijuana is guilty of a misdemeanor except for those persons subject to subdivision 21-28-

5-15

4.01(a)(1) and upon conviction may be imprisoned for not more than one year or fined not less

5-16

than two hundred dollars ($200) nor more than five hundred dollars ($500), or both.

5-17

      (iii) Notwithstanding any public, special or general law to the contrary, the possession of

5-18

one ounce (1 oz.) or less of marijuana by a person who is eighteen (18) years of age or older and

5-19

who is not exempted from penalties pursuant to chapter 21-28.6 shall constitute a civil offense,

5-20

rendering the offender liable to a civil penalty in the amount of one hundred fifty dollars ($150)

5-21

and forfeiture of the marijuana, but not to any other form of criminal or civil punishment or

5-22

disqualification. Notwithstanding any public, special or general law to the contrary, this civil

5-23

penalty of one hundred fifty dollars ($150) and forfeiture of the marijuana shall apply if the

5-24

offense is the first (1st) or second (2nd) violation within the previous eighteen (18) months.

5-25

      (iv) Notwithstanding any public, special or general law to the contrary, possession of one

5-26

ounce (1 oz.) or less of marijuana by a person who is under the age of eighteen (18) years and

5-27

who is not exempted from penalties pursuant to chapter 21-28.6 shall constitute a civil offense,

5-28

rendering the offender liable to a civil penalty in the amount of one hundred fifty dollars ($150)

5-29

and forfeiture of the marijuana; provided the minor offender completes an approved drug

5-30

awareness program and community service as determined by the court. If the person under the

5-31

age of eighteen (18) years fails to complete an approved drug awareness program and community

5-32

service within one year of the offense, the penalty shall be a three hundred dollar ($300) civil fine

5-33

and forfeiture of the marijuana, except that if no drug awareness program or community service is

5-34

available, the penalty shall be a fine of one hundred fifty dollars ($150) and forfeiture of the

6-1

marijuana. The parents or legal guardian of any offender under the age of eighteen (18) shall be

6-2

notified of the offense and the availability of a drug awareness and community service program.

6-3

The drug awareness program must be approved by the court, but shall, at a minimum, provide

6-4

four (4) hours of instruction or group discussion, and ten (10) hours of community service.

6-5

Notwithstanding any other public, special or general law to the contrary, this civil penalty shall

6-6

apply if the offense is the first (1st) or second (2nd) violation within the previous eighteen (18)

6-7

months.

6-8

      (v) Notwithstanding any public, special, or general law to the contrary, a person not

6-9

exempted from penalties pursuant to chapter 21-28.6 found in possession of one ounce (1 oz.) or

6-10

less of marijuana is guilty of a misdemeanor and upon conviction may be imprisoned for not

6-11

more than thirty (30) days or fined not less than two hundred dollars ($200) nor more than five

6-12

hundred dollars ($500), or both, if that person has been previously adjudicated on a violation for

6-13

possession of less than one ounce (1 oz.) of marijuana under subparagraphs 21-28-4.01(c)(2)(iii)

6-14

or 21-28-4.01(c)(2)(iv) two (2) times in the eighteen (18) months prior to the third (3rd) offense.

6-15

      (vi) Any unpaid civil fine issued under subparagraphs 21-28-4.01(c)(2)(iii) or 21-28-

6-16

4.01(c)(2)(iv) shall double to three hundred dollars ($300) if not paid within thirty (30) days of

6-17

the offense. The civil fine shall double again to six hundred dollars ($600) if it has not been paid

6-18

within ninety (90) days.

6-19

      (vii) No person may be arrested for a violation of subparagraphs 21-28-4.01(c)(2)(iii) or

6-20

21-28-4.01(c)(2)(iv) except as provided in this subparagraph. Any person in possession of an

6-21

identification card, license, or other form of identification issued by the state or any state, city or

6-22

town, or any college or university, who fails to produce the same upon request of a police officer

6-23

who informs the person that he or she has been found in possession of what appears to the officer

6-24

to be one ounce (1 oz.) or less of marijuana, or any person without any such forms of

6-25

identification that fails or refuses to truthfully provide his or her name, address, and date of birth

6-26

to a police officer who has informed such person that the officer intends to provide such

6-27

individual with a citation for possession of one ounce (1 oz.) or less of marijuana, may be

6-28

arrested.

6-29

      (viii) No violation of subparagraphs 21-28-4.01(c)(2)(iii) or 21-28-4.01(c)(2)(iv) shall be

6-30

considered a violation of parole or probation.

6-31

      (ix) Any records collected by any state agency or tribunal that include personally

6-32

identifiable information about violations of subparagraphs 21-28-4.01(c)(2)(iii) or 21-28-

6-33

4.01(c)(2)(iv) shall be sealed eighteen (18) months after the payment of said civil fine.

7-34

      (3) Jurisdiction. - Any and all violations of subparagraphs 21-28-4.01(c)(2)(iii) and 21-

7-35

28-4.01(c)(2)(iv) shall be the exclusive jurisdiction of the Rhode Island traffic tribunal. All

7-36

money associated with the civil fine issued under subparagraphs 21-28-4.01(c)(2)(iii) or 21-28-

7-37

4.01(c)(2)(iv) shall be payable to the Rhode Island traffic tribunal. Fifty percent (50%) of all fines

7-38

collected by the Rhode Island traffic tribunal from civil penalties issued pursuant to

7-39

subparagraphs 21-28-4.01(c)(2)(iii) or 21-28-4.01(c)(2)(iv) shall be deposited into the Rhode

7-40

Island Substance Abuse Prevention Act Fund as set forth in chapter 16-21, administered by the

7-41

department of behavioral healthcare, developmental disabilities and hospitals on drug awareness

7-42

and treatment programs for youth expended on drug awareness and treatment programs for youth.

7-43

      (4) Additionally every person convicted or who pleads nolo contendere under paragraph

7-44

(2)(i) of this subsection or convicted or who pleads nolo contendere a second or subsequent time

7-45

under paragraph (2)(ii) of this subsection, who is not sentenced to a term of imprisonment to

7-46

serve for the offense, shall be required to:

7-47

      (i) Perform, up to one hundred (100) hours of community service;

7-48

      (ii) Attend and complete a drug counseling and education program as prescribed by the

7-49

director of the department of behavioral healthcare, developmental disabilities and hospitals

7-50

mental health, retardation and hospitals and pay the sum of four hundred dollars ($400) to help

7-51

defray the costs of this program which shall be deposited as general revenues into the Rhode

7-52

Island Substance Abuse Prevention Act Fund as set forth in chapter 16-21. Failure to attend may

7-53

result after hearing by the court in jail sentence up to one year;

7-54

      (iii) The court shall not suspend any part or all of the imposition of the fee required by

7-55

this subsection, unless the court finds an inability to pay;

7-56

      (iv) If the offense involves the use of any automobile to transport the substance or the

7-57

substance is found within an automobile, then a person convicted or who pleads nolo contendere

7-58

under paragraphs (2)(i) and (ii) of this subsection shall be subject to a loss of license for a period

7-59

of six (6) months for a first offense and one year for each offense after this.

7-60

      (5) All fees assessed and collected pursuant to paragraph (3)(ii) of this subsection shall

7-61

be deposited as general revenues into the Rhode Island Substance Abuse Prevention Act Fund as

7-62

set forth in chapter 16-21 and shall be collected from the person convicted or who pleads nolo

7-63

contendere before any other fines authorized by this chapter.

7-64

      (d) It shall be unlawful for any person to manufacture, distribute, or possess with intent

7-65

to manufacture or distribute, an imitation controlled substance. Any person who violates this

7-66

subsection is guilty of a crime, and upon conviction shall be subject to the same term of

7-67

imprisonment and/or fine as provided by this chapter for the manufacture or distribution of the

7-68

controlled substance which the particular imitation controlled substance forming the basis of the

8-1

prosecution was designed to resemble and/or represented to be; but in no case shall the

8-2

imprisonment be for more than five (5) years nor the fine for more than twenty thousand dollars

8-3

($20,000).

8-4

      (e) It shall be unlawful for a practitioner to prescribe, order, distribute, supply, or sell an

8-5

anabolic steroid or human growth hormone for: (1) enhancing performance in an exercise, sport,

8-6

or game, or (2) hormonal manipulation intended to increase muscle mass, strength, or weight

8-7

without a medical necessity. Any person who violates this subsection is guilty of a misdemeanor

8-8

and upon conviction may be imprisoned for not more than six (6) months or a fine of not more

8-9

than one thousand dollars ($1,000), or both.

8-10

     SECTION 2. Sections 16-21.2-4, 16-21.2-5, 16-21.2-6, 16-21.2-8 and 16-21.2-9 of the

8-11

General Laws in Chapter 16-21.2 entitled "The Rhode Island Substance Abuse Prevention Act"

8-12

are hereby amended to read as follows:

8-13

     16-21.2-4. Substance abuse prevention program. -- (a) The department of mental

8-14

health, retardation, and hospitals behavioral healthcare, developmental disabilities and hospitals

8-15

shall be charged with the administration of this chapter and shall provide grants to assist in the

8-16

planning, establishment, and operation of substance abuse prevention programs. Grants under this

8-17

section shall be made to municipal governments or their designated agents according to the

8-18

following guidelines:

8-19

      (1) The maximum grant shall be one hundred twenty-five thousand dollars ($125,000);

8-20

provided, however, in the event that available funding exceeds $1.6 million in a fiscal year, those

8-21

surplus funds are to be divided proportionately among the cities and towns on a per capita basis

8-22

but in no event shall the city of Providence exceed a maximum grant cap of $175,000.00.

8-23

      (2) In order to obtain a grant, the municipality or its designated agent must in the first

8-24

year:

8-25

      (i) Demonstrate the municipality's need for a comprehensive substance abuse program in

8-26

the areas of prevention and education.

8-27

      (ii) Demonstrate that the municipality has established by appropriate legislative or

8-28

executive action, a substance abuse prevention council which shall assist in assessing the needs

8-29

and resources of the community, developing a three (3) year plan of action addressing the

8-30

identified needs, the operation and implementation of the overall substance abuse prevention

8-31

program; coordinating existing services such as law enforcement, prevention, treatment, and

8-32

education; consisting of representatives of the municipal government, representatives of the

8-33

school system, parents, and human service providers.

9-34

      (iii) Demonstrate the municipality's ability to develop a plan of implementation of a

9-35

comprehensive three (3) year substance abuse prevention program based on the specific needs of

9-36

the community to include high risk populations of adolescents, children of substance abusers, and

9-37

primary education school aged children.

9-38

      (iv) Agree to conduct a survey/questionnaire of the student population designed to

9-39

establish the extent of the use and abuse of drugs and alcohol in students throughout the local

9-40

community's school population.

9-41

      (v) Demonstrate that at least twenty percent (20%) of the cost of the proposed program

9-42

will be contributed either in cash or in-kind by public or private resources within the

9-43

municipality.

9-44

     (vi) Demonstrate that the funding issued to municipalities, pursuant to paragraphs 21-28-

9-45

4.01(c)(2)(iii) or 21-28-4.01(c)(2)(iv), is expended on counseling and education programs

9-46

approved by the department.

9-47

      (b) The department of mental health, retardation, and hospitals behavioral healthcare,

9-48

developmental disabilities and hospitals shall adopt rules and regulations necessary and

9-49

appropriate to carry out the purposes of this section.

9-50

     16-21.2-5. Funding of substance abuse prevention program. -- (a) Money to fund the

9-51

Rhode Island Substance Abuse Prevention Act shall be appropriated from: (1) state State general

9-52

revenues and shall be raised by assessing an additional penalty of thirty dollars ($30.00) for all

9-53

speeding violations as set forth in section 31-43-5.1.; (2) State general revenues collected by the

9-54

Rhode Island traffic tribunal for any and all violations of paragraphs and all offenses as set forth

9-55

in sections paragraphs 21-28-4.01(c)(2)(iii) or 21-28-4.01(c)(2)(iv); (3) The money shall be

9-56

deposited as general revenues. The department of mental health, retardation, and hospitals

9-57

behavioral healthcare, developmental disabilities and hospitals may utilize up to ten percent

9-58

(10%) of the sums appropriated for the purpose of administering the substance abuse prevention

9-59

program.

9-60

      (b) Grants made under this chapter shall not exceed money available in the substance

9-61

abuse prevention program.

9-62

     16-21.2-6. Timetable for grant applications and disbursement. -- The department of

9-63

mental health, retardation, and hospitals behavioral healthcare, developmental disabilities and

9-64

hospitals shall establish guidelines and criteria for the acceptance of grant applications and the

9-65

disbursement of grants.

9-66

     16-21.2-8. The duties of the director of the department of mental health, retardation,

9-67

and hospitals The duties of the director of behavioral healthcare, developmental disabilities

9-68

and hospitals. -- The director of the department of mental health, retardation, and hospitals

10-1

behavioral healthcare, developmental disabilities and hospitals or his or her designated agent shall

10-2

make an annual report by September 1 of each year to the governor and the general assembly on

10-3

the administration of the program.

10-4

     16-21.2-9. Permanent legislative oversight commission on substance abuse

10-5

prevention. -- There is established a permanent legislative oversight commission on substance

10-6

abuse prevention whose purpose it shall be to oversee the implementation and administration of

10-7

the Rhode Island Substance Abuse Prevention Act and to advise and make recommendations to

10-8

the general assembly as to the adequacy and efficiency of all statutes, rules, regulations,

10-9

guidelines, practices, and programs relating to substance abuse prevention. The commission shall

10-10

consist of twelve (12) members: five (5) members shall be appointed by the speaker of the house

10-11

of representatives from among the members of the house of representatives, not more than four

10-12

(4) of whom shall be from the same political party; three (3) members shall be appointed by the

10-13

president of the senate from among the members of the senate, not more than two (2) of whom

10-14

shall be from the same political party; and one member (ex officio) shall be the director of the

10-15

department of mental health, retardation, and hospitals and one member (ex officio) shall be the

10-16

director of the department of health or designee; and a Rhode Island Substance Abuse Prevention

10-17

Act task force member to be appointed by the chairperson of the commission; and a public

10-18

member appointed by the chairperson of the commission. The chairperson of the commission

10-19

shall be appointed by the speaker of the house of representatives. Members of the commission

10-20

shall serve without compensation, except that they shall be allowed their actual and necessary

10-21

expenses incurred in the performance of their duties under this section. The commission may

10-22

request and shall receive from any instrumentality of the state, including the division of substance

10-23

abuse of the department of mental health, retardation, and hospitals behavioral healthcare,

10-24

developmental disabilities and hospitals and from any municipality or any instrumentality of a

10-25

municipality, any information and assistance that it deems necessary for the proper execution of

10-26

its powers and duties under this section. The commission shall meet at least quarterly and shall

10-27

report at least annually to the general assembly on its findings and recommendations with respect

10-28

to:

10-29

      (1) All existing substance abuse prevention programs;

10-30

      (2) All rules, regulations, and guidelines promulgated pursuant to the Rhode Island

10-31

Substance Abuse Prevention Act;

10-32

      (3) Administration of the Rhode Island Substance Abuse Prevention Act; and

10-33

      (4) Any other matters relating to substance abuse prevention efforts in the state.

11-34

     SECTION 3. This act shall take effect upon passage.

=======

LC01794

=======

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO FOOD AND DRUGS - UNIFORMED CONTROLLED SUBSTANCE ACT

***

12-1

     This act would mandate that fifty percent (50%) of all fines collected by the Rhode Island

12-2

traffic tribunal from civil penalties which have been issued pursuant to paragraphs 21-28-

12-3

4.01(c)(2)(iii) or 21-28-4.01(c)(2)(iv) shall be deposited into the Rhode Island Substance Abuse

12-4

Prevention Act Fund as set forth in chapter 16-21, administered by the Department of Behavioral

12-5

Healthcare, Developmental Disabilities and Hospitals on drug awareness and treatment programs

12-6

for youth.

12-7

     This act would also make the Department of Behavioral Healthcare, Developmental

12-8

Disabilities and Hospitals responsible for the administration and operation of substance

12-9

prevention programs.

12-10

     This act would take effect upon passage.

=======

LC01794

=======