2020 -- H 7719 | |
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LC003609 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2020 | |
____________ | |
A N A C T | |
RELATING TO FOOD AND DRUGS -- SOCIAL HOST REGULATIONS | |
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Introduced By: Representatives Casimiro, McNamara, Shanley, Shekarchi, and Vella- | |
Date Introduced: February 26, 2020 | |
Referred To: House Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Title 21 of the General Laws entitled "FOOD AND DRUGS" is hereby |
2 | amended by adding thereto the following chapter: |
3 | CHAPTER 38 |
4 | SOCIAL HOST REGULATIONS |
5 | 21-38-1. Definitions. |
6 | Terms used in this chapter shall have the meaning given to them by state law except as |
7 | expressly provided herein. |
8 | (1) “Control” means any form of dominion including ownership, tenancy, or other |
9 | possessory right. |
10 | (2) “Controlled substance” means a drug or substance whose possession and use are |
11 | regulated under chapter 28 of title 21 ("uniform controlled substances act"). Such term does not |
12 | include any drug or substance for which the individual found to have consumed such substance |
13 | has a valid prescription issued by a licensed medical practitioner authorized to issue such a |
14 | prescription and medical marijuana. |
15 | (3) “Gathering” means a party, gathering, or event, where a group of three (3) or more |
16 | persons have assembled or are assembling for a social occasion or social activity at a residence or |
17 | premises. |
18 | (4) “Residence” or “premises” means a hotel or motel room, home, yard, apartment, |
19 | condominium, or other dwelling unit, or a hall or meeting room, whether occupied on a |
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1 | temporary or permanent basis, whether occupied as a dwelling or for a party or other social |
2 | function, and whether owned, leased, rented, or used with or without compensation. |
3 | (5) “Social host” means a person who permits or allows a gathering where one or more |
4 | individuals consume marijuana or other controlled substances on property owned or controlled by |
5 | the person. |
6 | (6) “Medical marijuana” as defined in § 21-28.6-3 and regulated by chapter 28.6 of title |
7 | 21. |
8 | (7) “Other private property” refers to a hotel or motel room; an assembly hall or meeting |
9 | room; a common room of a dwelling unit used for a party like a recreation room of an apartment |
10 | building; a site in a privately owned campground; privately owned vacant lot; privately owned |
11 | agricultural land; or privately owned rural land whether occupied as a dwelling, and whether |
12 | owned, leased, rented or used without compensation. |
13 | 21-38-2. Property owner’s duties and prohibitions. |
14 | (a) It shall be the duty of any person having control of any residence, real property, or |
15 | premises, who hosts, permits, or allows a gathering to take place at said residence or premises, to |
16 | take all reasonable steps to prevent the consumption of a controlled substance by anyone at the |
17 | gathering. Whenever the person having control of the residence or premises either knows or |
18 | should know a person has consumed a controlled substance at their residence or premises in |
19 | violation of this chapter, it is presumed that the person had the ability to take all reasonable steps |
20 | to prevent the consumption of a controlled substance at the gathering; it is further presumed that |
21 | the person has the ability to terminate the illegal conduct once it is, or should reasonably have |
22 | been, discovered. |
23 | (b) No person who owns or has control of any residence or premises shall allow a |
24 | gathering to take place or continue at their residence or premises if: |
25 | (1) At the gathering any person consumes any marijuana or other controlled substances; |
26 | and |
27 | (2) The person knows or reasonably should know by taking all reasonable steps to |
28 | prevent the consumption and possession of controlled substances at the gathering. Reasonable |
29 | steps include controlling access to and the use of marijuana and other controlled substances at the |
30 | gathering. |
31 | 21-38-3. Unlawful party, gathering or event where controlled substances and/or |
32 | marijuana are served to, consumed by or in the possession of any attendee. |
33 | No person shall suffer, permit or host a party, gathering or event at their place of |
34 | residence or other private property, place or premises or host a gathering of two (2) or more |
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1 | persons at a place under their control where controlled substances are served to, consumed by or |
2 | in the possession of any attendee. |
3 | 21-38-4. Violation(s) -- Civil fine(s) and district court jurisdiction. |
4 | (a) It shall be a civil violation for a person to conduct or allow a party, gathering or event |
5 | where controlled substances are served to, consumed by or in the possession of any person on |
6 | premises owned by the person responsible for the event, on premises rented by or to the person |
7 | responsible for the event, on premises where the person responsible for the event resides or on |
8 | premises where the person responsible for the event is in control of such premises during the |
9 | party, gathering or event. Law enforcement personnel, at their discretion, may immediately issue |
10 | a citation for this civil violation upon evidence of the violation of this chapter. There is no |
11 | requirement of a first warning in order for law enforcement to issue this civil citation. |
12 | (1) Civil Fine. A first violation of this section shall result in a citation with a five hundred |
13 | dollar ($500) fine. A second violation shall result in a citation with a seven hundred fifty dollar |
14 | ($750) fine. A third or subsequent violation shall result in a citation with a one thousand dollar |
15 | ($1,000) fine. |
16 | (2) In the event that the responsible person, who is in violation of this section, is a |
17 | juvenile, then the juvenile and the parents or guardians of that juvenile will be jointly and |
18 | severally liable for the civil violation. |
19 | (b) The district court shall have exclusive jurisdiction over all violations of this chapter, |
20 | as provided in § 12-3-1. |
21 | 21-38-5. Penalties cumulative -- Actions -- Relationship to other laws. |
22 | The penalties provided under this chapter are cumulative, and shall not restrict any city or |
23 | town to any other remedy to which it is entitled under law or equity. Nothing in this chapter shall |
24 | be deemed to preclude the imposition of any criminal penalty under state law, nor shall anything |
25 | in this chapter be deemed to conflict with any penalty or provision under state law, or prohibit |
26 | any conduct authorized by the state or federal Constitution. |
27 | 21-38-5. Severability. |
28 | If any provision of this chapter or the application thereof to any person or circumstances |
29 | is held invalid, such invalidity shall not affect other provisions or applications of the chapter, |
30 | which can be given effect without the invalid provision or application, and to this end the |
31 | provisions of this chapter are declared to be severable. |
32 | 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 -- SOCIAL HOST REGULATIONS | |
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1 | This act would create a social host statutory framework to address the presence and |
2 | consumption of controlled substances, including marijuana, at social parties, gatherings and |
3 | events. |
4 | This act would take effect upon passage. |
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