2017 -- S 0805

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO FOOD AND DRUGS - UNIFORM CONTROLLED SUBSTANCES ACT

     

     Introduced By: Senator Elizabeth A. Crowley

     Date Introduced: April 25, 2017

     Referred To: Senate Judiciary

     (Attorney General)

It is enacted by the General Assembly as follows:

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

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

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

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

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

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

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quantities of certain controlled substances:

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

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detectable amount of heroin;

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

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detectable amount of:

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

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

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

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

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

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

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

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

 

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phencyclidine (PCP);

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

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

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detectable amount of lysergic acid diethylamide (LSD);

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

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amount of marijuana; or

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

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detectable amount of synthetic drugs.; or

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

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detectable amount of fentanyl.

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

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

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thousand dollars ($500,000).

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

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

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

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

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amount of heroin;

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

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amount of:

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

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

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

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

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

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

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

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

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

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

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diethylamide (LSD);

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

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marijuana; or

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

 

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amount of synthetic drugs.; or

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

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detectable amount of fentanyl.

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

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

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     SECTION 2. 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 SUBSTANCES ACT

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     This act would include more than one ounce of a mixture or substance containing a

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detectable amount of fentanyl as a controlled substance illegal to possess, manufacture, sell or

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deliver.

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     This act would take effect upon passage.

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