2020 -- S 2677

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2020

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A N   A C T

RELATING TO FOOD AND DRUGS -- SOCIAL HOST REGULATIONS

     Introduced By: Senators Felag, and Sosnowski

     Date Introduced: February 27, 2020

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 21 of the General Laws entitled "FOOD AND DRUGS" is hereby

amended by adding thereto the following chapter:

CHAPTER 38

SOCIAL HOST REGULATIONS

     21-38-1. Definitions.

     Terms used in this chapter shall have the meaning given to them by state law except as

expressly provided herein.

     (1) “Control” means any form of dominion including ownership, tenancy, or other

possessory right.

     (2) “Controlled substance” means a drug or substance whose possession and use are

regulated under chapter 28 of title 21 ("uniform controlled substances act"). Such term does not

include any drug or substance for which the individual found to have consumed such substance has

a valid prescription issued by a licensed medical practitioner authorized to issue such a prescription

and medical marijuana.

     (3) “Gathering” means a party, gathering, or event, where a group of three (3) or more

persons have assembled or are assembling for a social occasion or social activity at a residence or

premises.

     (4) “Residence” or “premises” means a hotel or motel room, home, yard, apartment,

condominium, or other dwelling unit, or a hall or meeting room, whether occupied on a temporary

or permanent basis, whether occupied as a dwelling or for a party or other social function, and

whether owned, leased, rented, or used with or without compensation.

     (5) “Social host” means a person who permits or allows a gathering where one or more

individuals consume marijuana or other controlled substances on property owned or controlled by

the person.

     (6) “Medical marijuana” as defined in § 21-28.6-3 and regulated by chapter 28.6 of title

21.

     (7) “Other private property” refers to a hotel or motel room; an assembly hall or meeting

room; a common room of a dwelling unit used for a party like a recreation room of an apartment

building; a site in a privately owned campground; privately owned vacant lot; privately owned

agricultural land; or privately owned rural land whether occupied as a dwelling, and whether

owned, leased, rented or used without compensation.

     21-38-2. Property owner’s duties and prohibitions.

     (a) It shall be the duty of any person having control of any residence, real property, or

premises, who hosts, permits, or allows a gathering to take place at said residence or premises, to

take all reasonable steps to prevent the consumption of a controlled substance by anyone at the

gathering. Whenever the person having control of the residence or premises either knows or should

know a person has consumed a controlled substance at their residence or premises in violation of

this chapter, it is presumed that the person had the ability to take all reasonable steps to prevent the

consumption of a controlled substance at the gathering; it is further presumed that the person has

the ability to terminate the illegal conduct once it is, or should reasonably have been, discovered.

     (b) No person who owns or has control of any residence or premises shall allow a gathering

to take place or continue at their residence or premises if:

     (1) At the gathering any person consumes any marijuana or other controlled substances;

and

     (2) The person knows or reasonably should know by taking all reasonable steps to prevent

the consumption and possession of controlled substances at the gathering. Reasonable steps include

controlling access to and the use of marijuana and other controlled substances at the gathering.

     21-38-3. Unlawful party, gathering or event where controlled substances and/or

marijuana are served to, consumed by or in the possession of any attendee.

     No person shall suffer, permit or host a party, gathering or event at their place of residence

or other private property, place or premises or host a gathering of two (2) or more persons at a place

under their control where controlled substances are served to, consumed by or in the possession of

any attendee.

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     21-38-4. Violation(s) -- Civil fine(s) and district court jurisdiction.

     (a) It shall be a civil violation for a person to conduct or allow a party, gathering or event

where controlled substances are served to, consumed by or in the possession of any person on

premises owned by the person responsible for the event, on premises rented by or to the person

responsible for the event, on premises where the person responsible for the event resides or on

premises where the person responsible for the event is in control of such premises during the party,

gathering or event. Law enforcement personnel, at their discretion, may immediately issue a

citation for this civil violation upon evidence of the violation of this chapter. There is no

requirement of a first warning in order for law enforcement to issue this civil citation.

     (1) Civil Fine. A first violation of this section shall result in a citation with a five hundred

dollar ($500) fine. A second violation shall result in a citation with a seven hundred fifty dollar

($750) fine. A third or subsequent violation shall result in a citation with a one thousand dollar

($1,000) fine.

     (2) In the event that the responsible person, who is in violation of this section, is a juvenile,

then the juvenile and the parents or guardians of that juvenile will be jointly and severally liable

for the civil violation.

     (b) The district court shall have exclusive jurisdiction over all violations of this chapter, as

provided in § 12-3-1.

     21-38-5. Penalties cumulative -- Actions -- Relationship to other laws.

     The penalties provided under this chapter are cumulative, and shall not restrict any city or

town to any other remedy to which it is entitled under law or equity. Nothing in this chapter shall

be deemed to preclude the imposition of any criminal penalty under state law, nor shall anything in

this chapter be deemed to conflict with any penalty or provision under state law, or prohibit any

conduct authorized by the state or federal Constitution.

     21-38-5. Severability.

     If any provision of this chapter or the application thereof to any person or circumstances is

held invalid, such invalidity shall not affect other provisions or applications of the chapter, which

can be given effect without the invalid provision or application, and to this end the provisions of

this chapter are declared to be severable.

     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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     This act would create a social host statutory framework to address the presence and

consumption of controlled substances, including marijuana, at social parties, gatherings and events.

     This act would take effect upon passage.

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