2017 -- H 5517 SUBSTITUTE A

========

LC000752/SUB A

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

____________

A N   A C T

RELATING TO FOOD AND DRUGS - UNIFORM CONTROLLED SUBSTANCES ACT

     Introduced By: Representatives Corvese, Coughlin, Phillips, Jacquard, and O'Brien

     Date Introduced: February 15, 2017

     Referred To: House Judiciary

     (Attorney General)

It is enacted by the General Assembly as follows:

     SECTION 1. Sections 21-28-4.01.1 and 21-28-4.01.2 of the General Laws in Chapter 21-

28 entitled "Uniform Controlled Substances Act" are hereby amended to read as follows:

     21-28-4.01.1. Minimum sentence -- Certain quantities of controlled substances.

     (a) Except as authorized by this chapter, it shall be unlawful for any person to

manufacture, sell, or possess with intent to manufacture, or sell, a controlled substance classified

in schedules I or II (excluding marijuana) or to possess or deliver the following enumerated

quantities of certain controlled substances:

     (1) One ounce (1 oz.) to one kilogram (1 kg.) of a mixture or substance containing a

detectable amount of heroin;

     (2) One ounce (1 oz.) to one kilogram (1 kg.) of a mixture or substance containing a

detectable amount of:

     (i) Coca leaves, except coca leaves and extracts of coca leaves from which cocaine,

ecgonine, and derivatives of ecgonine or their salts have been removed;

     (ii) Cocaine, its salts, optical and geometric isomers, and salts of isomers;

     (iii) Ecgonine, its derivatives, their salts, isomers, and salts of isomers; or

     (iv) Any compound, mixture, or preparation which contains any quantity of any of the

substances referred to in paragraphs (i) -- (iii) of this subdivision;

     (3) One gram (1 g.) to ten grams (10 gs.) of phencyclidine (PCP) or one hundred (100) to

one thousand (1,000) tablets of a mixture or substance containing a detectable amount of

phencyclidine (PCP);

     (4) One-tenth of a gram (0.1 g.) to one gram (1 g.) of lysergic acid diethylamide (LSD) or

one hundred (100) to one thousand (1,000) tablets of a mixture or substance containing a

detectable amount of lysergic acid diethylamide (LSD);

     (5) One kilogram (1 kg.) to five (5 kgs.) kilograms of a mixture containing a detectable

amount of marijuana; or

     (6) One ounce (1 oz.) to one kilogram (1 kg.) of a mixture or substance containing a

detectable amount of synthetic drugs. ; or

     (7) One ounce (1 oz.) to one kilogram (1 kg.) of a mixture or substance containing a

detectable amount of fentanyl.

     (b) Any person who violates this section shall be guilty of a crime, and upon conviction,

may be imprisoned for a term up to fifty (50) years and fined not more than five hundred

thousand dollars ($500,000).

     21-28-4.01.2. Minimum sentence -- Certain quantities of controlled substances.

     (a) Except as authorized by the chapter, it shall be unlawful for any person to possess,

manufacture, sell, or deliver the following enumerated quantities of certain controlled substances:

     (1) More than one kilogram (1 kg.) of a mixture or substance containing a detectable

amount of heroin;

     (2) More than one kilogram (1 kg.) of a mixture or substance containing a detectable

amount of:

     (i) Coca leaves, except coca leaves and extracts of coca leaves from which cocaine,

ecgonine, and derivatives of ecgonine or their salts have been removed;

     (ii) Cocaine, its salts, optical and geometric isomers, and salts of isomers;

     (iii) Ecgonine, its derivatives, their salts, isomers, and salts of isomers; or

     (iv) Any compound, mixture, or preparation which contains any quantity of any of the

substances referred to in paragraphs (i) -- (iii) of this subdivision;

     (3) More than ten grams (10 gs.) of phencyclidine (PCP) or more than one thousand

(1,000) tablets of a mixture or substance containing a detectable amount of phencyclidine (PCP);

     (4) More than one gram (1 g.) of lysergic acid diethylamide (LSD); or more than one

thousand (1,000) tablets of a mixture or substance containing a detectable amount of lysergic acid

diethylamide (LSD);

     (5) More than five kilograms (5 kgs.) of a mixture containing a detectable amount of

marijuana; or

     (6) More than one kilogram (1 kg.) of a mixture or substance containing a detectable

LC000752/SUB A - Page 2 of 4

amount of synthetic drugs. ; or

     (7) More than one kilogram (1 kg.) of a mixture or substance containing a detectable

amount of fentanyl.

     (b) Any person who violates this section shall be guilty of a crime, and upon conviction,

may be imprisoned for a term up to life and fined not more than one million dollars ($1,000,000).

     SECTION 2. This act shall take effect upon passage.

========

LC000752/SUB A

========

LC000752/SUB A - Page 3 of 4

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO FOOD AND DRUGS - UNIFORM CONTROLLED SUBSTANCES ACT

***

     This act would make it unlawful for any person to possess, manufacture, sell, or deliver

from one ounce (1 oz.) to one kilogram (1 kg.) of a mixture or substance containing a detectable

amount of fentanyl and would provide for a punishment by a prison term of up to fifty (50) years

and fine of not more than five hundred thousand dollars ($500,000). The act would also provide

for a punishment of up to life in prison and a fine of no more than one million dollars

($1,000,000) for the possession, manufacture, sale, or delivery of more than one kilogram (1 kg.)

of a mixture or substance containing a detectable amount of fentanyl.

     This act would take effect upon passage.

========

LC000752/SUB A

========

LC000752/SUB A - Page 4 of 4