A N A C T
RELATING TO UNIFORM CONTROLLED SUBSTANCES
Introduced By: Senators Roney, Perry and Connors
It is enacted by the General Assembly as follows:
SECTION 1. Section 21-28-4.04 of the general laws in chapter 21-28 entitled "Uniform Controlled Substances Act" is hereby amended to read as follows:
Prohibited acts D -- Penalties -- Hypodermic instruments -- (1) No person except a manufacturer, wholesaler, or dealer in hypodermic instruments, health care facility, practitioner, embalmer, nurse acting under the direction and supervision of a practitioner, common carrier or messenger engaged in the transportation, or employee of a hospital or laboratory acting under the direction of its superintendent or officer in immediate charge, shall at any time knowingly have or knowingly possess a hypodermic needle or syringe or any instrument or implement adapted for subcutaneous injection unless such possession be authorized by:
(a) In the case of use in the healing arts, the certificate of a practitioner which he or she may, subject to the rules and regulations of the director of health, issue to a patient under his or her immediate charge; and
(b) In the case of use in the industrial arts, the certificate of the director of health which he or she may, after appropriate investigation into the methods, techniques, and security of use, issue to the superintendent or officer in immediate charge, of the process. Certificates shall be issued in the form prescribed and furnished by the director of health and any certificate so issued may be revoked at any time by the director.
(c) In the case of use in conjunction with a pilot program for the exchange of hypodermic needles and syringes established by the department of health for the purpose of reducing the transmission of human immunodeficiency virus (HIV), pursuant to section23-11-19, the certificate of the director of health which he or she may, after appropriate investigation into the methods, techniques and security of distribution, issue to the participants of the program. Certificates shall be issued in the form prescribed and furnished by the director of health and any certificate so issued may be revoked at any time by the director.
(2) No person may sell any of the instruments specified in this section without first having obtained a license to do so from the director of health.
(a) Every sale shall be made subject to the rules and regulations of the director of health. A record shall be kept by the persons selling the syringe, needle, or instrument, which shall give the date of sale, the name and address of the purchaser, and a description of the instrument.
(b) This record shall include all such needles, syringes, or instruments received and shall at all times be open to inspection by the director of health, by the authorized agents of the director, and by the police authorities and police officers of the cities and towns.
(c) Excess, undesired, and contaminated needles, syringes, or instruments shall be destroyed subject to rules and regulations of the director of health.
(3) Any person who violates this section shall be guilty of a misdemeanor and may be punished by a fine not to exceed one hundred dollars ($100) and/or be required to attend a course as described in subsection (b) of this section.
(a) The district courts in the applicable jurisdictions shall establish procedures for payment of said fines by mail.
(b) A person convicted of violating this section may be assigned to attend a course of instruction relating to the effects of the misuse of drugs, including alcohol and controlled substances. Such instruction may include counseling on the legal, medical, psychological and social effects of drug use and abuse. Such course shall consist of a minimum of five (5) hours and a maximum of ten (10) hours of instruction and counseling. Upon completion of the assigned course the instructor shall notify the court in writing of such completion and the notification shall be made a part of the court record. Any person failing to complete such course within thirty (30) days after the assignment shall be assessed a civil fine in an amount not to exceed one hundred dollars ($100).
Deregulation syringe act for diabetes and health promotion. -- (a)(1) Hypodermic syringes, needles or any instrument adapted for the administration of drugs by injection shall not be sold except in licensed pharmacies. Every sale shall be made subject to the rules and regulations of the director of the department of health.
(b) The following conditions shall apply to all purchase of hypodermic syringes or needles:
(1) Pharmacists shall make available to each purchaser at the time of purchase information regarding the safe disposal of hypodermic syringes or needles, including local disposal locations or a telephone number to call for such information;
(2) Pharmacists may also provide purchasers with information on drug addiction treatment, including a local telephone number to get assistance;
(3) The director of the department of health shall adopt rules and regulations relative to the content, format, and distribution of any materials required under this section and any other matter necessary to effectuate the purposes of this section;
(4) At all licensed pharmacies where hypodermic needles and syringes are kept for retail sale pursuant to this section, the needles and syringes shall be stored in a manner that makes them available only to authorized personnel and not openly available to customers;
(5) A registered pharmacy or licensed pharmacist that sells hypodermic needles or syringes must certify to the director of the department of health participation in an activity that supports proper disposal of used hypodermic needles or syringes.
SECTION 2. Section 21-28.5-1 of the General Laws in Chapter 21-28.5 entitled "Sale of Drug Paraphernalia" is hereby amended to read as follows:
21-28.5-1. Definitions -- (a) As used in this chapter, "drug paraphernalia" means all equipment, products, and materials of any kind which are intended for use or designed for use, in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packing, repackaging, storing, containing, concealing,
injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of chapter 28 of this title. "Drug paraphernalia" includes, but is not limited to, all of the following:
(1) Kits intended for use or designed for use in planting, propagating, cultivating, growing, or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived.
(2) Kits intended for use or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances.
(3) Isomerization devices intended for use or designed for use in increasing the potency of any species of plant which is a controlled substance.
(4) Testing equipment intended for use or designed for use in identifying or in analyzing the strength, effectiveness, or purity of controlled substances.
(5) Scales and balances intended for use or designed for use in weighing or measuring controlled substances.
(6) Dilutants and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose, and lactose, intended for use or designed for use in cutting controlled substances.
(7) Separation gins and sifters intended for use or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana.
(8) Blenders, bowls, containers, spoons, and mixing devices intended for use or designed for use in compounding controlled substances.
(9) Capsules, balloons, envelopes, and other containers intended for use or designed for use in packaging small quantities of controlled substances.
(10) Containers and other objects intended for use or designed for use in storing or concealing controlled substances.
(11) Hypodermic syringes, needles, and other objects intended for use or designed for use in parenterally injecting controlled substances into the human body.
(12) Objects intended for use or designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body, such as:
(A) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls.
(B) Water pipes.
(C) Carburetion tubes and devices.
(D) Smoking and carburetion masks.
(E) Roach clips, meaning objects used to hold burning material, such as a marijuana cigarette that has become too small or too short to be held in the hand.
(F) Miniature cocaine spoons, and cocaine vials.
(G) Chamber pipes.
(H) Carburetor pipes.
(I) Electric pipes.
(J) Air-driven pipes.
(M) Ice pipes or chillers.
(N) Wide rolling papers which are designed for drug use.
(b) In determining whether an object is drug paraphernalia, a court or other authority may consider, in addition to all other logically relevant factors, the following:
(1) Statements by an owner or by anyone in control of the object concerning its use.
(2) Prior conviction, if any, of an owner, or of anyone in control of the object, under any state or federal law relating to any controlled substance.
(3) Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons who the owner or person in control of the object knows, or should reasonably know, intend to use the object to facilitate a violation of this chapter. The innocence of an owner, or of anyone in control of the object, as to a direct violation of this chapter shall not prevent a finding that the object is intended for use, or designed for use, as drug paraphernalia.
(4) Instructions, oral or written, provided with the object concerning its use.
(5) Descriptive materials accompanying the object which explain or depict its use.
(6) National and local advertising concerning its use.
(7) The manner in which the object is displayed for sale.
(8) Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products.
(9) The existence and scope of legitimate uses for the object in the community.
(10) Expert testimony concerning its use.
SECTION 3. This act shall take effect on September 1, 2000.