2014 -- S 2651

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LC004853

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

____________

A N   A C T

RELATING TO FOOD AND DRUGS - UNIFORM CONTROLLED SUBSTANCE ACT

     Introduced By: Senators Lombardi, McCaffrey, and Jabour

     Date Introduced: March 04, 2014

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 21-28-2.08 of the General Laws in Chapter 21-28 entitled "Uniform

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

     21-28-2.08. Contents of schedules. -- Schedule I

      (a) Schedule I shall consist of the drugs and other substances, by whatever official name,

common or usual name, chemical name, or brand name designated, listed in this section.

      (b) Opiates. - Unless specifically excepted or unless listed in another schedule, any of

the following opiates, including its isomers, esters, ethers, salts, and salts of isomers, esters, and

ethers whenever the existence of the isomers, esters, ethers, and salts is possible within the

specific chemical designation:

      (1) Acetylmethadol

      (2) Allylprodine

      (3) Alphacetylmethadol

      (4) Alphameprodine

      (5) Alphamethadol

      (6) Benzethidine

      (7) Betacetylmethadol

      (8) Betameprodine

      (9) Betamethadol

      (10) Betaprodine

      (11) Clonitazene

      (12) Dextromoramide

      (13) Difenoxin

      (14) Diampromide

      (15) Diethylthiambutene

      (16) Dimenoxadol

      (17) Dimepheptanol

      (18) Dimethylthiambutene

      (19) Dioxaphetyl butyrate

      (20) Dipipanone

      (21) Ethylmethylthiambutene

      (22) Etonitazene

      (23) Extoxerdine

      (24) Furethidine

      (25) Hydroxypethidine

      (26) Ketobemidone

      (27) Levomoramide

      (28) Levophenacylmorphan

      (29) Morpheridine

      (30) Noracymethadol

      (31) Norlevorphanol

      (32) Normethadone

      (33) Norpipanone

      (34) Phenadoxone

      (35) Phenampromide

      (36) Phenomorphan

      (37) Phenoperidine

      (38) Piritramide

      (39) Proheptazine

      (40) Properidine

      (41) Propiram

      (42) Racemoramide

      (43) Trimeperidone

      (44) Tilidine

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      (45) Alpha-methylfentanyl

      (46) Beta-hydroxy-3-methylfentanyl other names:

      N-[1-(2hydroxy-2-phenethyl)-3-methyl-4piperidingyl] Nphenylpropanamide

      (c) Opium Derivatives. - Unless specifically excepted or unless listed in another

schedule, any of the following opium derivatives, its salts, isomers, and salts of isomers whenever

the existence of the salts, isomers, and salts of isomers is possible within the specific chemical

designation:

      (1) Acetorphine

      (2) Acetyldihydrocodeine

      (3) Benzylmorphine

      (4) Codeine methylbromide

      (5) Codeine-N-Oxide

      (6) Cyprenorphine

      (7) Desomorphine

      (8) Dihydromorphine

      (9) Etorphine (Except hydrochloride salt)

      (10) Heroin

      (11) Hydromorphinol

      (12) Methyldesorphine

      (13) Methylihydromorphine

      (14) Morphine methylbromide

      (15) Morphine methylsulfonate

      (16) Morphine-N-Oxide

      (17) Myrophine

      (18) Nococodeine

      (19) Nicomorphine

      (20) Normorphine

      (21) Pholcodine

      (22) Thebacon

      (23) Drotebanol

      (d) Hallucinogenic Substances. - Unless specifically excepted or unless listed in another

schedule, any material, compound, mixture, or preparation, which that contains any quantity of

the following hallucinogenic substances, or which that contains any of its salts, isomers, and salts

of isomers whenever the existence of the salts, isomers, and salts of isomers is possible within the

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specific chemical designation (for purposes of this subsection only, the term "isomer" includes

the optical, position, and geometric isomers):

      (1) 3, 4-methylenedioxy amphetamine

      (2) 5-methoxy-3, 4-methylenedioxy amphetamine

      (3) 3, 4, 5-trimethoxy amphetamine

      (4) Bufotenine

      (5) Diethyltryptamine

      (6) Dimethyltryptamine

      (7) 4-methyl 2, 5-dimethoxyamphetamine

      (8) Ibogaine

      (9) Lysergic acid diethylamide

      (10) Marihuana

      (11) Mescaline

      (12) Peyote. Meaning all parts of the plant presently classified botanically as

Lophophora Williamsii Lemair whether growing or not; the seeds of the plant; any extract from

any part of the plant; and any compound, manufacture, salt, derivative, mixture, or preparation of

the plant, its seeds or extracts.

      (13) N-ethyl-3-piperidyl benzilate

      (14) N-methyl-3-piperidyl benzilate

      (15) Psilocybin

      (16) Psilocyn

      (17) Tetrahydrocannabinols. Synthetic equivalents of the substances contained in the

plant, or in the resinous extractives of Cannabis, sp. and/or synthetic substances, derivatives, and

their isomers with similar chemical structure and pharmacological activity such as the following:

delta 1 cis or trans tetrahydrocannabinol, and their optical isomers. Delta 6 cis or trans

tetrahydrocannabinol and their optical isomers. Delta 3, 4 cis or trans tetrahydrocannabinol and

its their optical isomer. (Since nomenclature of these substances is not internationally

standardized, compounds of these structures, regardless of numerical designation of atomic

positions covered).

      (18) Thiophene analog of phencyclidine. 1-(1-(2 thienyl) cyclo-hexyl) pipiridine: 2-

Thienyl analog of phencyclidine: TPCP

      (19) 2,5 dimethoxyamphetamine

      (20) 4-bromo-2,5-dimethoxyamphetamine, 4-bromo-2,5-dimethoxy-alpha-

methylphenethyamine: 4-bromo-2,5-DMA

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      (21) 4-methoxyamphetamine-4-methoxy-alpha-methylphenethylaimine:

paramethoxyamphetamine: PMA

      (22) Ethylamine analog of phencyclidine. N-ethyl-1- phenylcyclohexylamine, (1-

phenylcyclohexyl) ethylamine, N-(1-phenylcyclophexyl) ethylamine, cyclohexamine, PCE

      (23) Pyrrolidine analog of phencyclidine. 1-(1-phencyclohexyl)- pyrrolidine PCPy, PHP

      (24) Parahexyl; some trade or other names: 3-Hexyl-1-hydroxy-7,8,9,10-tetrahydro-

6,6,9-trimethyl-6H-dibenz o (b,d) pyran: Synhexyl.

     (25) Salvia Divinorum (Salvinorin A or Divinorin A), meaning any extract from any part

of the plant, and any compound, salt derivative, or mixture of the plant or its extracts. This shall

not mean the unaltered plant.

     (26) Datura stamonium (jimsom weed or datura), meaning any extract from any part of

the plant, and any compound, salt derivative, or mixture of the plant or its extracts. This shall not

mean the unaltered plant.

      (e) Depressants. - Unless specifically excepted or unless listed in another schedule, any

material, compound, mixture, or preparation which that contains any quantity of the following

substances having a depressant effect on the central nervous system, including its salts, isomers,

and salts of isomers whenever the existence of the salts, isomers, and salts of isomers is possible

within the specific chemical designation:

      (1) Mecloqualone.

      (2) Methaqualone.

      (3) 3-methyl fentanyl (n-( ethyl-1(2-phenylethyl)-4-piperidyl)-N-phenylpropanamide.

      (4) 3,4-methyl-enedioxymethamphetamine (MDMA), its optical, positional, and

geometric isomers, salts, and salts of isomers.

      (5) 1-methyl-4-phenyl-4-propionoxypiperidine (MPPP), its optical isomers, salts, and

salts of isomers.

      (6) 1-(2-phenylethyl)-4-phenyl-4-acetyloxypiperidine (PEPAP), its optical isomers, salts,

and salts of isomers.

      (7) N-(1-(1-methyl-2-phenyl)ethyl-4-piperidyl)-N-phenyl-acetamide (acetyl-alpha-

methylfentanyl), its optical isomers, salts, and salts of isomers.

      (8) N-(1-(1-methyl-2(2-thienyl)ethyl-4-piperidyl)-N-phenylpropanami de (alpha-

methylthiofentanyl), its optical isomers, salts, and salts of isomers.

      (9) N-(1-benzyl-piperidyl)-N-phenylpropanamide (benzyl-fentanyl), its optical isomers,

salts, and salts of isomers.

      (10) N-(1-(2-hydroxy-2-phenyl)ethyl-4-piperidyl)-N-phenyl-propanamid e (beta-

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hydroxyfentanyl), its optical isomers, salts, and salts of isomers.

      (11) N-(3-methyl-1(2-hydroxy-2-phenyl)ethyl-4-piperidyl)-N-phenylpro panamide (beta-

hydroxy-3-methylfentanyl), its optical and geometric isomers, salts, and salts of isomers.

      (12) N-(3-methyl)-1-(2-(2-thienyl)ethyl-4-piperidyl)-N-phenylpro- panamide (3-

methylthiofentanyl), its optical and geometric isomers, salts, and salts of isomers.

      (13) N-(1-2-thienyl)methyl-4-piperidyl)-N-phenylpropanamide (thenylfentanyl), its

optical isomers, salts, and salts of isomers.

      (14) N-(1-(2(2-thienyl)ethyl-4-piperidyl-N-phenylpropanamide (thiofentanyl), its optical

isomers, salts, and salts of isomers.

      (15) N-[1-(2-phenylethyl)-4-piperidyl]N-(4-fluorophenyl)-propanamid e (para-

fluorofentanyl), its optical isomers, salts, and salts of isomers.

      (16) Gamma hydroxybutyrate, HOOC-CH2-CH2-CH2OH, its optical, position, or

geometric isomers, salts, and salts of isomers.

     (f) Stimulants. - Unless specifically excepted or unless listed in another schedule, any

material, compound, mixture, or preparation which that contains any quantity of the following

substances having a stimulant effect on the central nervous system, including its salts, isomers,

and salts of isomers:

      (1) Fenethylline

      (2) N-ethylamphetamine

      (3) 4-methyl-N-methylcathinone (Other name: mephedrone)

      (4) 3,4-methylenedioxy-N-methlycathinone (Other name: methylone)

      (5) 3,4-methylenedioxypyrovalerone (Other name: MDPV)

      (g) Any material, compound, mixture, or preparation which that contains any quantity of

the following substances:

      (1) 5-(1,1-Dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]phenol (CP-47,497)

      (2) 5-(1,1-Dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]phenol

(cannabicyclohexanol and CP-47,497 c8 homologue)

      (3) 1-Butyl-3-(1 naphthoyl)indole, (JWH-073)

      (4) 1-[2-(4-Morpholinyl)ethyl]3-(1-naphthoyl)indole (JWH-200)

      (5) 1-Pentyl-3-(1-napthoyl)indole, (JWH-018 and AM678)

      Schedule II

      (a) Schedule II shall consist of the drugs and other substances, by whatever official

name, common or usual name, chemical name, or brand name designated, listed in this section.

      (b) Substances, vegetable origin, or chemical synthesis. - Unless specifically excepted or

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unless listed in another schedule, any of the following substances whether produced directly or

indirectly by extraction from substances of vegetable origin, or independently by means of

chemical synthesis, or by a combination of extraction and chemical synthesis:

      (1) Opium and opiate, and any salt, compound, derivative, or preparation of opium or

opiate excluding naloxone and its salts, and excluding naltrexone and its salts, but including the

following:

      (i) Raw opium

      (ii) Opium extracts

      (iii) Opium fluid extracts

      (iv) Powdered opium

      (v) Granulated opium

      (vi) Tincture of opium

      (vii) Etorphine hydrochloride

      (viii) Codeine

      (ix) Ethylmorphine

      (x) Hydrocodone

      (xi) Hydromorphone

      (xii) Metopon

      (xiii) Morphine

      (xiv) Oxycodone

      (xv) Oxymorphone

      (xvi) Thebaine

      (2) Any salt, compound, derivative, or preparation which that is chemically equivalent or

identical with any of the substances referred to in subdivision (1) of this subsection, except that

these substances shall not include the isoquinoline alkaloids of opium.

      (3) Opium poppy and poppy straw.

      (4) Coca leaves and any salt, compound, derivative, or preparation of coca leaves, and

any salt, compound, derivative, or preparation which that is chemically equivalent or identical

with any of these substances, except that the substances shall not include decocainized coca

leaves or extraction of coca leaves, which extractions do not contain cocaine or ecgonine.

      (5) Concentrate of poppy straw (the crude extract of poppy straw in liquid, solid, or

powder form which that contains the phenanthrine alkaloids of the opium poppy).

      (c) Opiates. - Unless specifically excepted or unless listed in another schedule, any of the

following opiates, including its isomers, esters, ethers, salts; and salts of isomers, esters, and,

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ethers whenever the existence of the isomers, esters, ethers, and salts is possible within the

specific chemical designation:

      (1) Alphaprodine

      (2) Anileridine

      (3) Bezitramide

      (4) Dihydrocodeine

      (5) Diphenoxylate

      (6) Fentanyl

      (7) Isomethadone

      (8) Levomethorphan

      (9) Levorphanol

      (10) Metazocine

      (11) Methadone

      (12) Methadone-Intermediate, 4-cyano-2-dimethylamino-4, 4-diphenyl butane

      (13) Moramide-Intermediate, 2-methyl-3-morpholino-1, 1-diphenylpropane-carboxylic

acid

      (14) Pethidine

      (15) Pethidine-Intermediate-A, 4-cyano-1-methyl-4-phenylpiperidine

      (16) Pethidine-Intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate

      (17) Pethidine-Intermediate-C, 1-methyl-4-phenylpiperidine-4-carboxylic acid

      (18) Phenaxocine

      (19) Piminodine

      (20) Racemethorphan

      (21) Racemorphan

      (22) Bulk Dextropropoxyphene (non-dosage forms)

      (23) Suffentanil

      (24) Alfentanil

      (25) Levoalphacetylmethadol

      (d) Stimulants. - Unless specifically excepted or unless listed in another schedule, any

material, compound, mixture, or preparation which that contains any quantity of the following

substances having a stimulant effect on the central nervous system:

      (1) Amphetamine, its salts, optical isomers, and salts of its optical isomers.

      (2) Methamphetamine, its salts, and salts of its isomers.

      (3) Phenmetrazine and its salts.

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      (4) Methylphenidate.

      (e) Depressants. - Unless specifically excepted or unless listed in another schedule, any

material, compound, mixture, or preparation which that contains any quantity of the following

substances having a depressant effect on the central nervous system, including its salts, isomers,

and salts of isomers whenever the existence of the salts, isomers, and salts of isomers is possible

within the specific chemical designation:

      (1) Amobarbital

      (2) Glutethimide

      (3) Methyprylon

      (4) Pentobarbital

      (5) Phencyclidine

      (6) Secobarbital

      (7) Phencyclidine immediate precursors:

      (i) 1-phencyclohexylamine

      (ii) 1-piperidinocyclohexane-carbonitrile (PCC)

      (8) Immediate precursor to amphetamine and methamphetamine: Phenylacetone. Some

other names: phenyl-2-propanone; P2P; benzyl methyl ketone; methyl benzone ketone.

      Schedule III

      (a) Unless specifically excepted or unless listed in another schedule, any material,

compound, mixture, or preparation which that contains any quantity of the following substances

having a depressant effect on the central nervous system:

      (1) Any substance which that contains any quantity of a derivative of barbituric acid, or

any salt of a derivative of barbituric acid.

      (2) Chlorhexadol

      (3) Lysergic acid

      (4) Lysergic acid amide

      (5) Sulfondiethylmethane

      (6) Sulfonethylmethane

      (7) Sylfonmethane

      (8) Any compound, mixture, or preparation containing amobarbital, secobarbital,

pentobarbital, or any salt of them and one or more other active medicinal ingredients which that

are not listed in any schedule.

      (9) Any suppository dosage form containing amobarbital, secobarbital, pentobarbital, or

any salt of any of these drugs and approved by the Food and Drug Administration for marketing

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only as a suppository.

      (10) Ketamine, its salts, isomers, and salts of isomers. (Some other names for ketamine:

(+)-2-(2-chlorophenyl)-2-(methylamino)-cyclohexanone).

      (b) Unless specifically excepted or unless listed in another schedule, any material,

compound, mixture, or preparation containing limited quantities of any of the following narcotic

drugs, or any salts of them:

      (1) Not more than one and eight tenths grams (1.8 gms.) of codeine per one hundred

milliliters (100 mls.) or not more than ninety milligrams (90 mgs.) per dosage unit, with an equal

or greater quantity of an isoquinoline alkaloid of opium.

      (2) Not more than one and eight tenths grams (1.8 gms.) of codeine per one hundred

milliliters (100 mls.) or not more than ninety milligrams (90 mgs.) per dosage unit, with one or

more active, nonnarcotic ingredients in recognized therapeutic amounts.

      (3) Not more than three hundred milligrams (300 mgs.) of dihydrocodeinone per one

hundred milliliters (100 mls.) or not more than fifteen milligrams (15 mgs.) per dosage unit, with

a fourfold or greater quantity of an isoquinoline alkaloid of opium.

      (4) Not more than three hundred milligrams (300 mgs.) of dihydrocodeinone per one

hundred milliliters (100 mls.) or not more than fifteen milligrams (15 mgs.) per dosage unit, with

one or more active nonnarcotic ingredients in recognized therapeutic amounts.

      (5) Not more than one and eight tenths grams (1.8 gms.) of dihydrocodeine per one

hundred milliliters (100 mls.) or not more than ninety milligrams (90 mgs.) per dosage unit, with

one or more active nonnarcotic ingredients in recognized therapeutic amounts.

      (6) Not more than three hundred milligrams (300 mgs.) of ethylmorphine per one

hundred milliliters (100 mls.) or not more than fifteen milligrams (15 mgs.) per dosage unit, with

one or more active nonnarcotic ingredients in recognized therapeutic amounts.

      (7) Not more than five hundred milligrams (500 mgs.) of opium per one hundred

milliliters (100 mls.) or per one hundred grams (100 gms.) or not more than twenty-five

milligrams (25 mgs.) per dosage unit, with one or more active nonnarcotic ingredients in

recognized therapeutic amounts.

      (8) Not more than fifty milligrams (50 mgs.) of morphine per one hundred milliliters

(100 mls.) per one hundred grams (100 gms.) with one or more active, nonnarcotic ingredients in

recognized therapeutic amounts.

      (c) Stimulants. - Unless specifically excepted or listed in another schedule, any material,

compound, mixture, or preparation which that contains any quantity of the following substances

having a stimulant effect on the central nervous system, including its salts, isomers, and salts of

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the isomers whenever the existence of the salts of isomers is possible within the specific chemical

designation:

      (1) Benzphetamine

      (2) Chlorphentermine

      (3) Clortermine

      (4) Mazindol

      (5) Phendimetrazine

      (d) Steroids and hormones. - Anabolic steroids (AS) or human growth hormone (HGH),

excluding those compounds, mixtures, or preparations containing an anabolic steroid that because

of its concentration, preparation, mixture, or delivery system, has no significant potential for

abuse, as published in 21 CFR 1308.34, including, but not limited to, the following:

      (1) Chlorionic gonadotropin

      (2) Clostebol

      (3) Dehydrochlormethyltestosterone

      (4) Ethylestrenol

      (5) Fluoxymesterone

      (6) Mesterolone

      (7) Metenolone

      (8) Methandienone

      (9) Methandrostenolone

      (10) Methyltestosterone

      (11) Nandrolone decanoate

      (12) Nandrolone phenpropionate

      (13) Norethandrolone

      (14) Oxandrolone

      (15) Oxymesterone

      (16) Oxymetholone

      (17) Stanozolol

      (18) Testosterone propionate

      (19) Testosterone-like related compounds

      (20) Human Growth Hormone (HGH)

      (e) Hallucinogenic substances.

      (1) Dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in

U.S. Food and Drug Administration-approved drug product. (Some other names for dronabinol:

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(6aR-trans)-6a, 7, 8, 10a- tetrahydro-6, 6, 9- trimethyl-3-pentyl-6H- dibenzo[b,d]yra n-1-ol,or(-)-

delta-9(trans)-tetrahydrocannabinol.)

      Schedule IV

      (1) Barbital.

      (2) Chloral betaine

      (3) Chloral hydrate

      (4) Ethchrovynol

      (5) Ethinamate

      (6) Methohexital

      (7) Meprobamate

      (8) Methylphenobarbital

      (9) Paraldehyde

      (10) Petrichloral

      (11) Phenobarbital

      (12) Fenfluramine

      (13) Diethylpropion

      (14) Phentermine

      (15) Pemoline (including organometallic complexes and chelates thereof).

      (16) Chlordiazepoxide

      (17) Clonazepam

      (18) Clorazepate

      (19) Diazepam

      (20) Flurazepam

      (21) Mebutamate

      (22) Oxazepam

      (23) Unless specifically excepted or unless listed in another schedule, any material,

compound, mixture, or preparation which that contains any quantity of the following substances,

including its salts:

      Dextropropoxyphene(alpha-(+)-4-dimethylamino-1,2-diphenyl-3- methyl-2-

propronoxybutane).

      (24) Prazepam

      (25) Lorazepam

      (26) Not more than one milligram (1 mg.) of difenoxin and not less than twenty-five (25)

micrograms of atropine sulfate per dosage unit.

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      (27) Pentazocine

      (28) Pipradrol

      (29) SPA (-)-1-dimethylamino-1, 2-diphenylethane

      (30) Temazepam

      (31) Halazepam

      (32) Alprazolam

      (33) Bromazepam

      (34) Camazepam

      (35) Clobazam

      (36) Clotiazepam

      (37) Cloxazolam

      (38) Delorazepam

      (39) Estazolam

      (40) Ethyl Ioflazepate

      (41) Fludizaepam

      (42) Flunitrazepam

      (43) Haloxazolam

      (44) Ketazolam

      (45) Loprazolam

      (46) Lormetazepam

      (47) Medazepam

      (48) Nimetazepam

      (49) Nitrazepam

      (50) Nordiazepam

      (51) Oxazolam

      (52) Pinazepam

      (53) Tetrazepam

      (54) Mazindol

      (55) Triazolam

      (56) Midazolam

      (57) Quazepam

      (58) Butorphanol

      (59) Sibutramine

      Schedule V

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      (a) Any compound, mixture, or preparation containing any of the following limited

quantities of narcotic drugs, which shall include one or more non-narcotic active medicinal

ingredients in sufficient proportion to confer upon the compound, mixture, or preparation

valuable medicinal qualities other than those possessed by the narcotic drug alone:

      (1) Not more than two hundred milligrams (200 mgs.) of codeine per 100 milliliters (100

mls.) or per one hundred grams (100 gms.).

      (2) Not more than one hundred milligrams (100 mgs.) of dihydrocodeine per 100

milliliters (100 mls.) or per one hundred grams (100 gms.).

      (3) Not more than one hundred milligrams (100 mgs.) of ethylmorphine per 100

milliliters (100 mls.) or per one hundred grams (100 gms.).

      (4) Not more than two and five tenths milligrams (2.5 mgs.) of diphenixylate and not less

than twenty-five (25) micrograms of atropine sulfate per dosage unit.

      (5) Not more than one hundred milligrams (100 mgs.) of opium per one hundred

milliliters (100 mls.) or per one hundred grams (100 gms.).

      (b) Not more than five tenths milligrams (0.5 mgs.) of difenoxin and not less than

twenty-five (25) micrograms of atropine sulfate per dosage unit.

      (c) Buprenorphine

      (d) Unless specifically exempted or excluded or unless listed in another schedule, any

material, compound, mixture, or preparation which that contains any quantity of the following

substances having a stimulant effect on the central nervous system, including its salts, isomers,

and salts of isomers:

      (1) Propylhexedrine (except as benzedrex inhaler)

      (2) Pyrovalerone.

     SECTION 2. Section 21-28-4.0.1 of the General Laws in Chapter 21-28 entitled

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

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

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

possess with intent to manufacture or deliver a controlled substance.

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

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

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

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

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

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

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

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

in section §21-28-1.02(18).

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

this subsection with respect to:

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

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

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

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

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

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

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

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

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

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

dollars ($10,000), or both.

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

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

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

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

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

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

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

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

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

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

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

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

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

dollars ($10,000), or both.

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

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

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

practice, or except as otherwise authorized by this chapter.

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

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

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

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

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

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

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

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

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

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

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

and who is not exempted from penalties pursuant to chapter 21-28.6 of this title shall constitute a

civil offense, rendering the offender liable to a civil penalty in the amount of one hundred fifty

dollars ($150) and forfeiture of the marijuana, but not to any other form of criminal or civil

punishment or disqualification. Notwithstanding any public, special, or general law to the

contrary, this civil penalty of one hundred fifty dollars ($150) and forfeiture of the marijuana

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

(18) months.

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

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

who is not exempted from penalties pursuant to chapter 21-28.6 of this title shall constitute a civil

offense, rendering the offender liable to a civil penalty in the amount of one hundred fifty dollars

($150) and forfeiture of the marijuana; provided the minor offender completes an approved, drug-

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

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

community service within one year of the offense, the penalty shall be a three hundred dollar

($300) civil fine and forfeiture of the marijuana, except that if no drug-awareness program or

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

forfeiture of the marijuana. The parents or legal guardian of any offender under the age of

eighteen (18) shall be notified of the offense and the availability of a drug-awareness and

community-service program. The drug-awareness program must be approved by the court, but

shall, at a minimum, provide four (4) hours of instruction or group discussion, and ten (10) hours

of community service. Notwithstanding any other public, special or general law to the contrary,

this civil penalty shall apply if the offense is the first (1st) or second (2nd) violation within the

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previous eighteen (18) months.

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

exempted from penalties pursuant to chapter 21-28.6 of this title found in possession of one ounce

(1 oz.) or less of marijuana is guilty of a misdemeanor and upon conviction may be imprisoned

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

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

for possession of less than one ounce (1 oz.) of marijuana under subparagraphs §§21-28-

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

(3rd) offense.

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

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

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

within ninety (90) days.

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

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

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

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

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

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

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

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

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

arrested.

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

be considered a violation of parole or probation.

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

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

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

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

21-28-4.01(c)(2)(iv) shall be the exclusive jurisdiction of the Rhode Island traffic tribunal. All

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

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

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

subparagraphs §§21-28-4.01(c)(2)(iii) or 21-28-4.01(c)(2)(iv) shall be expended on drug

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awareness and treatment programs for youth.

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

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

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

serve for the offense, shall be required to:

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

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

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

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

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

one year;

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

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

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

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

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

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

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

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

nolo contendere before any other fines authorized by this chapter.

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

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

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

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

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

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

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

($20,000).

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

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

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

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

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

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

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     (f) It is unlawful for any person to knowingly or intentionally possess, manufacture,

distribute, or possess with intent to manufacture or distribute any extract compound, salt

derivative, or mixture of salvia divinorum or datura stramonium or its extracts unless the person

is exempt pursuant to the provisions of §21-28-3.30. Notwithstanding any laws to the contrary,

any person who violates this section is guilty of a misdemeanor, and, upon conviction, may be

imprisoned for not more than one year, or fined not more than one thousand dollars ($1,000), or

both. The provisions of this section shall not apply to licensed physicians, pharmacists, and

accredited hospitals and teaching facilities engaged in the research or study of salvia divinorum or

datura stramonium and shall not apply to any person participating in clinical trials involving the

use of salvia divinorum or datura stramonium.

     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO FOOD AND DRUGS - UNIFORM CONTROLLED SUBSTANCE ACT

***

     This act would add the hallucinogenic drugs Salvia Divinorum (Salvinorin A or

Divinorin A), Datura stramonmium (jimson weed or jimsom weed) and synthetic cannabinoids

(synthetic marijuana) to the Rhode Island Controlled Substances Act Schedule 1, the misuse of

which may result in the requisite criminal penalties for abuse.

     This act would take effect upon passage.

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