2019 -- H 5760

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LC001574

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO FOOD AND DRUGS -- UNIFORM CONTROLLED SUBSTANCES ACT

     

     Introduced By: Representatives Slater, Solomon, Williams, Edwards, and Bennett

     Date Introduced: February 27, 2019

     Referred To: House Judiciary

     (Attorney General)

It is enacted by the General Assembly as follows:

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

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

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     21-28-4.01. Prohibited acts A -- Penalties.

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     (a)(1) Except as authorized by this chapter, it shall be unlawful for any person to

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

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     (2) Any person who is not a drug-addicted person, as defined in § 21-28-1.02(20), who

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

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

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

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

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     (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

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

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in § 21-28-1.02(20).

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

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this subsection with respect to:

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

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

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

 

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

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

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

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

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

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

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

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dollars ($10,000), or both.

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

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

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

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

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

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

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

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

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

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

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

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

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

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dollars ($10,000), or both.

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

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

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

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practice, or except as otherwise authorized by this chapter.

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

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

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

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imprisoned for not more than three (3) years one year, or fined not less more than five hundred

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dollars ($500) nor more than five thousand dollars ($5,000), or both;

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

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marijuana is guilty of a misdemeanor, except for those persons subject to (a)(1), and, upon

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conviction, may be imprisoned for not more than one year, or fined not less than two hundred

 

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

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

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

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

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

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

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

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

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

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

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ounce (1 oz.) or less of marijuana by a person who is seventeen (17) years of age or older and

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under the age of eighteen (18) years, and who is not exempted from penalties pursuant to chapter

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28.6 of this title, shall constitute a civil offense, rendering the offender liable to a civil penalty in

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the amount of one hundred fifty dollars ($150) and forfeiture of the marijuana; provided the

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minor offender completes an approved, drug-awareness program and community service as

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determined by the court. If the person seventeen (17) years of age or older and under the age of

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

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

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fine and forfeiture of the marijuana, except that if no drug-awareness program or community

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

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of the marijuana. The parents or legal guardian of any offender seventeen (17) years of age or

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older and under the age of eighteen (18) shall be notified of the offense and the availability of a

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drug-awareness and community-service program. The drug-awareness program must be approved

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by the court, but shall, at a minimum, provide four (4) hours of instruction or group discussion

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and ten (10) hours of community service. Notwithstanding any other public, special, or general

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law to the contrary, this civil penalty shall apply if the offense is the first or second violation

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within the previous eighteen (18) months.

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

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exempted from penalties pursuant to chapter 28.6 of this title found in possession of one ounce (1

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

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

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

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for possession of less than one ounce (1 oz.) of marijuana under (c)(2)(iii) or (c)(2)(iv) two (2)

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times in the eighteen (18) months prior to the third (3rd) offense.

 

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     (vi) Any unpaid civil fine issued under (c)(2)(iii) or (c)(2)(iv) shall double to three

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hundred dollars ($300) if not paid within thirty (30) days of the disposition. The civil fine shall

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double again to six hundred dollars ($600) if it has not been paid within ninety (90) days.

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     (vii) No person may be arrested for a violation of (c)(2)(iii) or (c)(2)(iv) of this

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subsection except as provided in this subparagraph. Any person in possession of an identification

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

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

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

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ounce (1 oz.) or less of marijuana, or any person without any such forms of identification who

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fails or refuses to truthfully provide his or her name, address, and date of birth to a police officer

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who has informed such person that the officer intends to provide such individual with a citation

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for possession of one ounce (1 oz.) or less of marijuana, may be arrested.

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     (viii) No violation of (c)(2)(iii) or (c)(2)(iv) of this subsection shall be considered a

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violation of parole or probation.

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     (ix) Any records collected by any state agency, tribunal, or the family court that include

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personally identifiable information about violations of (c)(2)(iii) or (c)(2)(iv) shall not be open to

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public inspection in accordance with § 8-8.2-21.

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     (3) Jurisdiction. Any and all violations of (c)(2)(iii) and (c)(2)(iv) shall be the exclusive

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jurisdiction of the Rhode Island traffic tribunal. All money associated with the civil fine issued

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under (c)(2)(iii) or (c)(2)(iv) shall be payable to the Rhode Island traffic tribunal. Fifty percent

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(50%) of all fines collected by the Rhode Island traffic tribunal from civil penalties issued

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pursuant to (c)(2)(iii) or (c)(2)(iv) shall be expended on drug-awareness and treatment programs

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for youth.

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     (4) Additionally, every person convicted or who pleads nolo contendere under (c)(2)(i) or

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convicted or who pleads nolo contendere a second or subsequent time under (c)(2)(ii), who is not

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sentenced to a term of imprisonment to serve for the offense, shall be required to:

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

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

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

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pay the sum of four hundred dollars ($400) to help defray the costs of this program which shall be

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

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sentence up to one year;

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

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

 

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

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

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under (c)(2)(i) and (c)(2)(ii) shall be subject to a loss of license for a period of six (6) months for

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a first offense and one year for each offense after.

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     (5) All fees assessed and collected pursuant to (c)(3)(ii) shall be deposited as general

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revenues and shall be collected from the person convicted or who pleads nolo contendere before

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any other fines authorized by this chapter.

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

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

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

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

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

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

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

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($20,000).

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

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

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

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

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

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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,

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

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

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

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

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

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

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

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

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use of salvia divinorum or datura stramonium.

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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 make the possession of schedule I through V controlled substances and

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possession of more than an ounce of marijuana misdemeanors punishable by up to one year

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imprisonment or a five hundred dollar ($500) fine or both.

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     This act would take effect upon passage.

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