Chapter 346

2009 -- S 0039 AS AMENDED

Enacted 11/13/09

 

A N A C T

RELATING TO FOOD AND DRUGS -- UNIFORM CONTROLLED SUBSTANCES ACT     

     

     Introduced By: Senators Metts, Pichardo, Jabour, C Levesque, and Perry

     Date Introduced: January 14, 2009

 

It is enacted by the General Assembly as follows:

 

     SECTION 1. Sections 21-28-4.01.1 and 21-28-4.01.2 of the General Laws in Chapter 21-

28 entitled "Uniform Controlled Substances Act" are hereby amended to read as follows:

 

     21-28-4.01.1. Minimum sentence -- Certain quantities of controlled substances. -- (a)

Except as authorized by this chapter, it shall be unlawful for any person to manufacture, sell, or

possess with intent to manufacture, or sell, a controlled substance classified in schedules I or II

(excluding marijuana) or to possess or deliver the following enumerated quantities of certain

controlled substances:

      (1) One ounce (1 oz.) to one kilogram (1 kg.) of a mixture or substance containing a

detectable amount of heroin;

      (2) One ounce (1 oz.) to one kilogram (1 kg.) of a mixture or substance containing a

detectable amount of:

      (i) Coca leaves, except coca leaves and extracts of coca leaves from which cocaine,

ecgonine, and derivatives of ecgonine or their salts have been removed;

      (ii) Cocaine, its salts, optical and geometric isomers, and salts of isomers;

      (iii) Ecgonine, its derivatives, their salts, isomers, and salts of isomers; or

      (iv) Any compound, mixture, or preparation which contains any quantity of any of the

substances referred to in paragraphs (i) -- (iii) of this subdivision;

      (3) One gram (1 g.) to ten grams (10 gs.) of phencyclidine (PCP) or one hundred (100) to

one thousand (1,000) tablets of a mixture or substance containing a detectable amount of

phencyclidine (PCP);

      (4) One-tenth of a gram (0.1 g.) to one gram (1 g.) of lysergic acid diethylamide (LSD)

or one hundred (100) to one thousand (1,000) tablets of a mixture or substance containing a

detectable amount of lysergic acid diethylamide (LSD); or

      (5) One kilogram (1 kg.) to five (5 kgs.) kilograms of a mixture containing a detectable

amount of marijuana.

      (b) Any person who violates this section shall be guilty of a crime, and upon conviction,

shall be imprisoned not less than ten (10) years and may be imprisoned for a term up to fifty (50)

years and fined not more than five hundred thousand dollars ($500,000). nor less than ten

thousand dollars ($10,000). In all these cases, the justice imposing sentence shall impose a

minimum sentence of ten (10) years imprisonment and may only impose a sentence less than that

minimum if he or she finds that substantial and compelling circumstances exist which justify

imposition of the alternative sentence. The finding may be based upon the character and

background of the defendant, the cooperation of the defendant with law enforcement authorities,

the nature and circumstances of the offense, and/or the nature and quality of the evidence

presented at trial. If a sentence which is less than imprisonment for a term of ten (10) years is

imposed, the trial justice shall set forth on the record the circumstances that he or she found as

justification for imposition of the lesser sentence.

 

     21-28-4.01.2. Minimum sentence -- Certain quantities of controlled substances. -- (a)

Except as authorized by the chapter, it shall be unlawful for any person to possess, manufacture,

sell, or deliver the following enumerated quantities of certain controlled substances:

      (1) More than one kilogram (1 kg.) of a mixture or substance containing a detectable

amount of heroin;

      (2) More than one kilogram (1 kg.) of a mixture or substance containing a detectable

amount of

      (i) Coca leaves, except coca leaves and extracts of coca leaves from which cocaine,

ecgonine, and derivatives of ecgonine or their salts have been removed;

      (ii) Cocaine, its salts, optical and geometric isomers, and salts of isomers;

      (iii) Ecgonine, its derivatives, their salts, isomers, and salts of isomers; or

      (iv) Any compound, mixture, or preparation which contains any quantity of any of the

substances referred to in paragraphs (i) -- (iii) of this subdivision;

      (3) More than ten grams (10 gs.) of phencyclidine (PCP) or more than one thousand

(1,000) tablets of a mixture or substance containing a detectable amount of phencyclidine (PCP);

      (4) More than one gram (1 g.) of lysergic acid diethylamide (LSD); or more than one

thousand (1,000) tablets of a mixture or substance containing a detectable amount of lysergic acid

diethylamide (LSD); or

      (5) More than five kilograms (5 kgs.) of a mixture containing a detectable amount of

marijuana.

      (b) Any person who violates this section shall be guilty of a crime, and upon conviction,

shall be imprisoned not less than twenty (20) years to serve and may be imprisoned for a term up

to life and fined not more than one million dollars ($1,000,000). nor less than twenty-five

thousand dollars ($25,000). In all these cases, the justice imposing sentence shall impose a

minimum sentence of twenty (20) years imprisonment and may only impose a sentence less than

that minimum if he or she finds that substantial and compelling circumstances exist which justify

imposition of the alternative sentence. The finding may be based upon the character and

background of the defendant, the cooperation of the defendant with law enforcement authorities,

the nature and circumstances of the offense, and/or the nature and quality of the evidence

presented at trial. If a sentence which is less than imprisonment for a term of twenty (20) years is

imposed, the trial justice shall set forth on the record the circumstances which he or she found as

justification for imposition of the lesser sentence. Within twenty (20) days of the imposition of a

sentence which is less than imprisonment for a term of twenty (20) years, the attorney general

may appeal the sentence to the supreme court in accordance with procedures to be established by

the supreme court.

 

     SECTION 2. This act shall take effect upon passage.

     

=======

LC00298

=======