2023 -- H 6162

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LC002563

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO FOOD AND DRUGS -- UNIFORM CONTROLLED SUBSTANCES ACT

     

     Introduced By: Representatives Vella-Wilkinson, Craven, Felix, Batista, Knight,
Edwards, Morales, Slater, and Shanley

     Date Introduced: March 17, 2023

     Referred To: House Judiciary

     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. [As amended by P.L. 2021, ch. 286, § 2 and

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P.L. 2021, ch. 287, § 2.]

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     (a)(1) Except as authorized by this chapter and chapters 28.6 and 28.11 of title 21, it shall

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be unlawful for any person to manufacture, deliver, or possess with intent to manufacture or deliver

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a controlled substance.

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

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

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

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a term up to life or fined not more than five hundred thousand dollars ($500,000) nor less than ten

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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 the

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

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21-28-1.02.

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

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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, deliver,

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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 controlled

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

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order of a practitioner while acting in the course of his or her professional practice, or except as

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otherwise authorized by this chapter or chapters 28.6 and 28.11 of title 21.

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

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     (i) Except as otherwise provided in §§ 21-28-4.01.1 and 21-28-4.01.2, ten grams (10 g.)

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twenty-eight grams (28 g.) or less of a mixture or substance containing a detectable amount of a

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controlled substance classified in schedules I, II, III, IV, and V, except buprenorphine and the

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

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imprisoned for not more than two (2) years, or fined not more than five hundred dollars ($500) or

 

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both. Any person previously convicted of possession of twenty-eight grams (28 g.) or less of a

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controlled substance subject to the provisions of this subsection shall have their record modified to

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a misdemeanor.

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     (ii) Except as otherwise provided in §§ 21-28-4.01.1 and 21-28-4.01.2, more than ten grams

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(10 g.) twenty-eight grams (28 g.), but less than one ounce (1 oz.) of a mixture or substance

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containing a detectable amount of a controlled substance classified in schedules I, II and III, IV,

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and V, except buprenorphine and the substance classified as marijuana, is guilty of a felony and,

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upon conviction, may be imprisoned for not more than three (3) years, or fined not more than five

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thousand dollars ($5,000), or both.

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     (iii) Except as otherwise provided in §§ 21-28-4.01.1 and 21-28-4.01.2, more than two

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ounces (2 oz.) or the equivalent amount in the form of cannabis concentrate of a controlled

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substance classified in schedule I as marijuana is guilty of a misdemeanor unless possessed inside

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one’s own primary residence, except for those persons subject to (a)(1), and, upon conviction, may

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be imprisoned for not more than one year, or fined not more than five hundred dollars ($500), or

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both. Exclusive of live marijuana plants, more than ten ounces (10 oz.) of a controlled substance

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classified in schedule I as marijuana or the equivalent amount in the form of cannabis concentrate,

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when possessed within one’s personal residence is guilty of a misdemeanor, except for those

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persons subject to (a)(1), and, upon conviction, may be imprisoned for not more than one year, or

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fined not less than two hundred dollars ($200) nor more than five hundred dollars ($500), or both.

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     Possession of live marijuana plants in excess of the number authorized pursuant to § 21-

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28.11-22 but less than twenty-five (25) marijuana plants is guilty of a misdemeanor, except for

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those persons subject to (a)(1) and, upon conviction, may be imprisoned for not more than one year,

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or fined not less than two hundred dollars ($200) nor more than five hundred dollars ($500), or

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both.

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     Possession of twenty-five (25) or more live marijuana plants is guilty of a felony, except

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for those persons subject to (a)(1), and upon conviction, may be imprisoned for not more than three

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(3) years or fined not more than five thousand dollars ($5,000), or both.

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     (iv) Notwithstanding any public, special, or general law to the contrary, and except as

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otherwise provided in §§ 21-28-4.01.1 and 21-28-4.01.2, the possession of more than one ounce (1

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oz.) but not more than two ounces (2 oz.) of marijuana or the equivalent amount in the form of

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cannabis concentrate by a person who is at least twenty-one (21) years old, and who is not exempted

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from penalties pursuant to chapter 28.6 of this title, shall constitute a civil offense, rendering the

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offender liable to a civil penalty in the amount of one hundred fifty dollars ($150) and forfeiture of

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the marijuana, but not to any other form of criminal or civil punishment or disqualification.

 

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Notwithstanding any public, special, or general law to the contrary, this civil penalty of one hundred

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fifty dollars ($150) and forfeiture of the marijuana shall apply if the offense is the first (1st) or

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second (2nd) violation within the previous eighteen (18) months.

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

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ounces (2 oz.) or less of marijuana or the equivalent amount in the form of cannabis concentrate by

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a person between seventeen (17) and twenty (20) years old, and who is not exempted from penalties

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pursuant to chapter 28.6 of this title, shall constitute a civil offense, rendering the offender liable to

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a civil penalty in the amount of one hundred fifty dollars ($150) and forfeiture of the marijuana;

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provided the minor offender completes an approved, drug-awareness program and community

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

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age of 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 of

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

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

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

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

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(10) hours of community service. Notwithstanding any other public, special, or general law to the

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

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previous eighteen (18) months.

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     (vi) [Deleted by P.L. 2022, ch. 31, § 10 and P.L. 2022, ch. 32, § 10.]

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     (vii) Any unpaid civil fine issued under (c)(2)(iv) or (c)(2)(v) shall double to three hundred

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

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

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     (viii) No person may be arrested for a violation of (c)(2)(iv) or (c)(2)(v) of this subsection

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except as provided in this subparagraph. Any person in possession of an identification card, license,

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

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

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

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(1 oz.) of marijuana, or the equivalent amount in the form of cannabis concentrate or any person

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without any such forms of identification who fails or refuses to truthfully provide his or her name,

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address, and date of birth to a police officer who has informed such person that the officer intends

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to provide such individual with a citation for possession of more than one ounce (1 oz.) but less

 

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than two ounces (2 oz.) of marijuana or the equivalent amount in the form of cannabis concentrate,

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may be arrested.

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     (ix) No violation of (c)(2)(iv) or (c)(2)(v) of this subsection shall be considered a violation

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of parole or probation.

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     (x) 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)(iv) or (c)(2)(v) shall not be open to

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

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     (d) The chief justice of the district court and the presiding justice of the superior court shall

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provide an annual report to the general assembly that provides information concerning the racial

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demographics of all parties convicted pursuant to this section or §§ 21-28-4.01.1 or 21-28-4.01.2.

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     (3) Jurisdiction.

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     (i) Any and all adjudications of violations of (c)(2)(i) shall be within the original

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jurisdiction of the Rhode Island superior court. The department of attorney general shall prosecute

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any and all violations of (c)(2)(i).

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     (ii) Any and all violations of (c)(2)(iv) and (c)(2)(v) shall be the exclusive jurisdiction of

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the Rhode Island traffic tribunal. All money associated with the civil fine issued under (c)(2)(iv) or

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(c)(2)(v) shall be payable to the Rhode Island traffic tribunal. Fifty percent (50%) of all fines

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collected by the Rhode Island traffic tribunal from civil penalties issued pursuant to (c)(2)(iv) or

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(c)(2)(v) shall be expended on drug-awareness and treatment programs 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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(c)(2)(ii) or convicted or who pleads nolo contendere a second or subsequent time under (c)(2)(iii),

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who is not 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

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(BHDDH) similar to that in § 21-28.11-27.2, and pay the sum of four hundred dollars ($400) to

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help defray the costs of this program which shall be deposited as general revenues. Failure to attend

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may result, after hearing by the court, in jail 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 this

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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), (c)(2)(ii) or (c)(2)(iii) shall be subject to a loss of license for a period of six (6)

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months for a first offense and one year for each offense after.

 

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     (5) All fees assessed and collected pursuant to (c)(2)(iii) 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 is

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

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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 amend the uniform controlled substances act and reclassify simple

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possession of twenty-eight grams (28 g.) or less of certain controlled substances as a misdemeanor.

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The act would also require that persons with previous convictions of possession of twenty-eight

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grams (28 g.) or less shall have their record modified to reflect a misdemeanor conviction. It would

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also create reporting requirements related to the racial demographics of parties convicted of

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controlled substance offenses.

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     This act would take effect upon passage.

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