Chapter 233
2012 -- H 7092 SUBSTITUTE A AS
AMENDED
Enacted 06/13/12
A N A C T
RELATING TO FOOD
AND DRUGS -- UNIFORM CONTROLLED SUBSTANCES ACT
Introduced By: Representatives Edwards, Ferri, Newberry, Williams, and Palumbo
Date Introduced: January 11, 2012
It is enacted by the
General Assembly as follows:
SECTION 1. Sections 21-28-4.01, 21-28-4.11 and 21-28-4.14 of
the General Laws in
Chapter 21-28 entitled
"Uniform Controlled Substances Act" are hereby amended to read as
follows:
21-28-4.01.
Prohibited acts A -- Penalties. -- (a) (1) Except
as authorized by this
chapter, it shall be unlawful for any person to manufacture,
deliver, or possess with intent to
manufacture or deliver a controlled substance.
(2) Any person who is
not a drug addicted person, as defined in section 21-28-1.02(18),
who violates this subsection with respect to a controlled
substance classified in schedule I or II,
except the substance classified as marijuana, is guilty of a
crime and upon conviction may be
imprisoned to a term up to life, or fined not more than five
hundred thousand dollars ($500,000)
nor less than ten thousand dollars ($10,000), or both.
(3) Where the
deliverance as prohibited in this subsection shall be the proximate cause of
death to the person to whom the controlled substance is
delivered, it shall not be a defense that
the person delivering the substance was at the time of
delivery, a drug addicted person as defined
in section 21-28-1.02(18).
(4) Any person, except
as provided for in subdivision (2) of this subsection, who
violates
this subsection with respect to:
(i)
A controlled substance classified in schedule I or II, is guilty of a crime and
upon
conviction may be imprisoned for not more than thirty (30)
years, or fined not more than one
hundred thousand dollars ($100,000) nor less than three
thousand dollars ($3,000), or both;
(ii) A controlled
substance classified in schedule III or IV, is guilty of a crime and upon
conviction may be imprisoned for not more than twenty (20)
years, or fined not more than forty
thousand dollars ($40,000), or both; provided, with respect to
a controlled substance classified in
schedule III(d), upon conviction may be imprisoned for not
more than five (5) years, or fined not
more than twenty thousand dollars ($20,000), or both.
(iii) A controlled
substance classified in schedule V, is guilty of a crime and upon
conviction may be imprisoned for not more than one year, or
fined not more than ten thousand
dollars ($10,000), or both.
(b) (1) Except as authorized by this chapter, it is unlawful for any
person to create,
deliver, or possess with intent to deliver, a counterfeit
substance.
(2) Any person who
violates this subsection with respect to:
(i)
A counterfeit substance classified in schedule I or II, is guilty of a crime
and upon
conviction may be imprisoned for not more than thirty (30)
years, or fined not more than one
hundred thousand dollars ($100,000), or both;
(ii) A counterfeit
substance classified in schedule III or IV, is guilty of a crime and upon
conviction may be imprisoned for not more than twenty (20)
years, or fined not more than forty
thousand dollars ($40,000), or both; provided, with respect to
a controlled substance classified in
schedule III(d), upon conviction may be imprisoned for not
more than five (5) years, or fined not
more than twenty thousand dollars ($20,000) or both.
(iii) A counterfeit
substance classified in schedule V, is guilty of a crime and upon
conviction may be imprisoned for not more than one year, or
fined not more than ten thousand
dollars ($10,000), or both.
(c) (1) It shall be
unlawful for any person knowingly or intentionally to possess a
controlled substance, unless the substance was obtained directly
from or pursuant to a valid
prescription or order of a practitioner while acting in the course
of his or her professional
practice, or except as otherwise authorized by this chapter.
(2) Any person who
violates this subsection with respect to:
(i)
A controlled substance classified in schedules I, II and III, IV, and V, except
the
substance classified as marijuana, is guilty of a crime and
upon conviction may be imprisoned for
not more than three (3) years or fined not less than five
hundred dollars ($500) nor more than five
thousand dollars ($5,000), or both;
(ii) A More
than one ounce (1 oz.) of a controlled substance classified in schedule I
as
marijuana is guilty of a misdemeanor except for those
persons subject to subdivision 21-28-
4.01(a)(1) and upon conviction may be imprisoned for not more
than one year or fined not less
than two hundred dollars ($200) nor more than five hundred
dollars ($500), or both.
(iii) Notwithstanding any public, special or general law to the contrary, the possession of
one ounce (1 oz.) or less of marijuana by a person who is
eighteen (18) years of age or older and
who is not exempted from penalties pursuant to chapter
21-28.6 shall constitute a civil offense,
rendering the offender liable to a civil penalty in the amount
of one hundred fifty dollars ($150)
and forfeiture of the marijuana, but not to any other
form of criminal or civil punishment or
disqualification. Notwithstanding any public, special or general law
to the contrary, this civil
penalty of one hundred fifty dollars ($150) and forfeiture of
the marijuana shall apply if the
offense is the first (1st) or second (2nd) violation within
the previous eighteen (18) months.
(iv) Notwithstanding any public, special or
general law to the contrary, possession of one
ounce (1 oz.) or less of marijuana by a person who is under
the age of eighteen (18) years and
who is not exempted from penalties pursuant to chapter
21-28.6 shall constitute a civil offense,
rendering the offender liable to a civil penalty in the amount
of one hundred fifty dollars ($150)
and forfeiture of the marijuana; provided the minor
offender completes an approved drug
awareness program and community service as determined by the
court. If the person under the
age of eighteen (18) years fails to complete an approved
drug awareness program and community
service within one year of the offense, the penalty shall be
a three hundred dollar ($300) civil fine
and forfeiture of the marijuana, except that if no drug
awareness program or community service is
available, the penalty shall be a fine of one hundred fifty
dollars ($150) and forfeiture of the
marijuana. The parents or legal guardian of any offender under the
age of eighteen (18) shall be
notified of the offense and the availability of a drug
awareness and community service program.
The drug awareness program
must be approved by the court, but shall, at a minimum, provide
four (4) hours of instruction or group discussion, and ten
(10) hours of community service.
Notwithstanding any other
public, special or general law to the contrary, this civil penalty shall
apply if the offense is the first (1st) or second (2nd)
violation within the previous eighteen (18)
months.
(v)
Notwithstanding any public, special, or general law to the contrary, a person
not
exempted from penalties pursuant to chapter 21-28.6 found in
possession of one ounce (1 oz.) or
less of marijuana is guilty of a misdemeanor and upon
conviction may be imprisoned for not
more than thirty (30) days or fined not less than two
hundred dollars ($200) nor more than five
hundred dollars ($500), or both, if that person has been
previously adjudicated on a violation for
possession of less than one ounce (1 oz.) of marijuana under
subparagraphs 21-28-4.01(c)(2)(iii)
or 21-28-4.01(c)(2)(iv) two (2) times in the eighteen
(18) months prior to the third (3rd) offense.
(vi)
Any unpaid civil fine issued under subparagraphs 21-28-4.01(c)(2)(iii)
or 21-28-
4.01(c)(2)(iv)
shall double to three hundred dollars ($300) if not paid within thirty (30)
days of
the offense. The civil fine shall double again to six
hundred dollars ($600) if it has not been paid
within ninety (90) days.
(vii)
No person may be arrested for a violation of subparagraphs 21-28-4.01(c)(2)(iii) or
21-28-4.01(c)(2)(iv) except as provided in this subparagraph. Any person
in possession of an
identification card, license, or other form of identification issued
by the state or any state, city or
town, or any college or university, who fails to produce
the same upon request of a police officer
who informs the person that he or she has been found in
possession of what appears to the officer
to be one ounce (1 oz.) or less of marijuana, or any
person without any such forms of
identification that fails or refuses to truthfully provide his or
her name, address, and date of birth
to a police officer who has informed such person that
the officer intends to provide such
individual with a citation for possession of one ounce (1 oz.)
or less of marijuana, may be
arrested.
(viii)
No violation of subparagraphs 21-28-4.01(c)(2)(iii) or
21-28-4.01(c)(2)(iv) shall be
considered a violation of parole or probation.
(ix)
Any records collected by any state agency or tribunal that include personally
identifiable information about violations of subparagraphs
21-28-4.01(c)(2)(iii) or 21-28-
4.01(c)(2)(iv)
shall be sealed eighteen (18) months after the payment of said civil fine.
(3)
Jurisdiction. – Any and all violations of subparagraphs 21-28-4.01(c)(2)(iii) and 21-
28-4.01(c)(2)(iv) shall be the exclusive jurisdiction of the
money associated with the civil fine issued under
subparagraphs 21-28-4.01(c)(2)(iii) or 21-28-
4.01(c)(2)(iv)
shall be payable to the
collected by the
subparagraphs 21-28-4.01(c)(2)(iii) or 21-28-4.01(c)(2)(iv) shall
be expended on drug awareness
and treatment programs for youth.
(3) (4) Additionally every person convicted or who pleads nolo contendere under
paragraph (2)(i) of this subsection
or convicted or who pleads nolo contendere
a second or
subsequent time under paragraph (2)(ii) of this subsection, who
is not sentenced to a term of
imprisonment to serve for the offense, shall be required to:
(i)
Perform, up to one hundred (100) hours of community service;
(ii) Attend and
complete a drug counseling and education program as prescribed by the
director of the department of mental health, retardation and
hospitals and pay the sum of four
hundred dollars ($400) to help defray the costs of this
program which shall be deposited as
general revenues. Failure to attend may result after hearing
by the court in jail sentence up to one
year;
(iii) The court shall
not suspend any part or all of the imposition of the fee required by
this subsection, unless the court finds an inability to
pay;
(iv)
If the offense involves the use of any automobile to transport the
substance or the
substance is found within an automobile, then a person
convicted or who pleads nolo contendere
under paragraphs (2)(i) and (ii)
of this subsection shall be subject to a loss of license for a period
of six (6) months for a first offense and one year for
each offense after this.
(4) (5)
All fees assessed and collected pursuant to paragraph (3)(ii)
of this subsection
shall be deposited as general revenues and shall be
collected from the person convicted or who
pleads nolo contendere
before any other fines authorized by this chapter.
(d) It shall be
unlawful for any person to manufacture, distribute, or possess with intent
to manufacture or distribute, an imitation controlled
substance. Any person who violates this
subsection is guilty of a crime, and upon conviction shall be
subject to the same term of
imprisonment and/or fine as provided by this chapter for the manufacture
or distribution of the
controlled substance which the particular imitation controlled
substance forming the basis of the
prosecution was designed to resemble and/or represented to be;
but in no case shall the
imprisonment be for more than five (5) years nor the fine for more
than twenty thousand dollars
($20,000).
(e) It shall be
unlawful for a practitioner to prescribe, order, distribute, supply, or sell an
anabolic steroid or human growth hormone for: (1) enhancing
performance in an exercise, sport,
or game, or (2) hormonal manipulation intended to
increase muscle mass, strength, or weight
without a medical necessity. Any person who violates this
subsection is guilty of a misdemeanor
and upon conviction may be imprisoned for not more than
six (6) months or a fine of not more
than one thousand dollars ($1,000), or both.
21-28-4.11.
Second offenses. -- (A) (a) Any person convicted of a second offense under
this chapter, except for violations of subparagraphs
21-28-4.01(c)(2)(iii), 21-28-4.01(c)(2)(iv) or
21-28-4.01(c)(2)(v), may be imprisoned for a term up to twice the term
authorized, fined an
amount up to twice that authorized, or both.
(B) (b) For purposes of this section, an offense is
considered a second offense if, prior to
his or her conviction of the offense, the offender has at
any time been convicted under this
chapter, except for violations of subparagraphs
21-28-4.01(c)(2)(iii), 21-28-4.01(c)(2)(iv) or 21-
28-4.01(c)(2)(v), or under any statute of the
drugs, marijuana, depressant, stimulant, or hallucinogenic
drugs.
21-28-4.14.
Third or subsequent offenses. -- (a) Any person convicted of a third or
subsequent offense under this chapter, except for violations
of subparagraphs 21-28-
4.01(c)(2)(iii),
21-28-4.01(c)(2)(iv) or 21-28-4.01(c)(2)(v), may be imprisoned for a term up to
three (3) times the term authorized, and fined an amount up
to three (3) times that authorized by
section 21-28-4.11, or both.
(b) For purposes of
this section, an offense is considered a third or subsequent offense if,
prior to his or her conviction of the offense, the offender
has at any time been convicted twice
under this chapter, except for violations of
subparagraphs 21-28-4.01(c)(2)(iii), 21-28-
4.01(c)(2)(iv) or
21-28-4.01(c)(2)(v), or twice under
any statute of the
state, or any combination of them, relating to narcotic
drugs, marijuana, depressant, stimulant, or
hallucinogenic drug.
SECTION 2. Chapter 21-28 of the General Laws entitled
"Uniform Controlled
Substances Act" is
hereby amended by adding thereto the following section:
21-28-4.22. Preparation of summons and related records --
Consent and form. – The
laws related to summonses, subpoenas and related records
for violations of subparagraphs 21-28-
4.01(c)(2)(iii)
and 21-28-4.01(c)(2)(iv), shall be served and heard in the same manner and in a
similar form as ordinary civil actions in the traffic tribunal,
as provided for in sections 31-27-12,
31-27-12.1, 31-41.1-1, and
as may be prescribed by rules and regulations promulgated by the
chief magistrate of the traffic tribunal pursuant to
section 8-6-2.
SECTION 3. Sections 31-27-2.4 and 31-27-12 of the General
Laws in Chapter 31-27
entitled "Motor Vehicle Offenses" are hereby amended
to read as follows:
31-27-2.4. Driving while in possession of controlled substances. --
(a) In addition to
any other penalty prescribed by law, whoever operates any
motor vehicle while knowingly having
in the motor vehicle or in his or her possession, a
controlled substance, as defined in section 21-
28-1.02, except for possession of up to one ounce
(1 oz.) of marijuana, shall have his or her
license suspended for a period of six (6) months.
(b) This section shall
not apply to any person who lawfully possesses a controlled
substance, as defined in section 21-28-1.02, as a direct result
and pursuant to a valid prescription
from a licensed medical practitioner, or as otherwise
authorized by chapter 28 of title 21.
31-27-12. Service
of notice -- Summons. -- (a) Any police
officer observing the
violation of any statute or ordinance relating to the
operation, control, or maintenance of a motor
vehicle or a violation of subparagraphs
21-28-4.01(c)(2)(iii) and 21-28-4.01(c)(2)(iv), shall at the
time or place of the violation or, if it is not possible
to halt the alleged offender, as soon as
possible after observing the violation, issue a written
notice, of a form and content provided for in
section 31-27-12.1, signed by the police officer and
constituting a summons to appear before the
court having jurisdiction at a time and place designated in
the notice.
(b) Nothing in this
chapter shall preclude a police officer from exercising in the
alternative his or her statutory powers of arrest, nor shall
anything contained in this chapter
preclude the making of additional complaints against the
alleged offender arising out of the
violation of any statute or ordinance relating to the
operation, control, or maintenance of a motor
vehicle observed by the police officer. Nothing in this
chapter shall prevent a person other than a
police officer from applying for a criminal complaint for
the violation of any statute or ordinance
relating to the operation, control, or maintenance of a motor
vehicle, and the person need not
show that the alleged offender has been issued a summons
in connection with the alleged
violation.
SECTION 4. Section 8-8.2-2 of the General Laws in Chapter
8-8.2 entitled "Traffic
tribunal" is hereby amended to read as follows:
8-8.2-2.
Jurisdiction. -- (a) Notwithstanding
any inconsistent provision of law, all
probationary license hearings as provided in section 31-10-26, all
violations of the department of
transportation, department of environmental management or board of
governors for higher
education regulations regarding parking, standing, or stopping
in areas under the jurisdiction of
said agencies, all violations of state statutes relating
to motor vehicles, littering and traffic
offenses, except those traffic offenses committed in places
within the exclusive jurisdiction of the
United States, and except driving so as to endanger
resulting in death, driving so as to endanger
resulting in personal injury, driving while under the influence
of liquor or drugs, driving while
under the influence of liquor or drugs resulting in death,
driving while under the influence of
liquor or drugs resulting in serious bodily injury, reckless
driving and other offenses against
public safety as provided in section 31-27-4, eluding a law
enforcement officer with a motor
vehicle in a high speed pursuit, driving after denial,
suspension or revocation of license, and
leaving the scene of an accident in violation of section
31-26-1 and section 31-26-2, and driving
without the consent of the owner and possession of a stolen
motor vehicle in violation of section
31-9-1 and section 31-9-2, shall be heard and
determined by the traffic tribunal pursuant to the
regulations promulgated by the chief magistrate of the traffic
tribunal; provided, however, the
traffic tribunal shall not hear any parking, standing or
stopping violations which occur in any city
or town which has established its own municipal court
and has jurisdiction over such violations.
Nothing contained herein shall abrogate the powers of
the
provisions of chapter 1 of title 14.
(b) Notwithstanding any
inconsistent provision of law, the traffic tribunal shall have
concurrent jurisdiction to hear and determine, pursuant to rules
and regulations promulgated by
the chief magistrate of the traffic tribunal, all
violations of any ordinances, rules and regulations
governing the public waters and the speed, management and
control of all vessels and the size,
type and location and use of all anchorages and moorings
within the jurisdiction of the towns of
North Kingstown, South Kingstown,
enforced and supervised by the harbormaster and referred to
the traffic tribunal, and the terms
"traffic
violations" and "traffic infraction" when used in this chapter
shall include the aforesaid
violations and such violations shall be adjudicated in
accordance with the provisions of this
chapter. Nothing contained herein shall abrogate the powers
of the
management council under the provisions of chapter 23 of title
46.
(c) Notwithstanding any
inconsistent provision of law, the traffic tribunal shall have
jurisdiction to hear and determine, pursuant to rules and
regulations promulgated by the chief
magistrate of the
20-16-17, 23-22.5-9, 32-2-4, subparagraphs
21-28-4.01(c)(2)(iii) and 21-28-4.01(c)(2)(iv) and
subsection 46-22-19(1) as set forth in section 42-17.10-1.
(d) A party aggrieved
by a final order of the traffic tribunal appeals panel shall be
entitled to a review of the order by a judge of the district
court. Unless otherwise provided in the
rules of procedure of the district court, such review shall
be on the record and appellate in nature.
The district court shall by rules of procedure
establish procedures for review of an order entered
by the appeals panel of the traffic tribunal.
(e) Violations of any
statute, rule, ordinance or regulation referenced in this section are
subject to fines enumerated in section 31-41.1-4, except
for violations of subparagraphs 21-28-
4.01(c)(2)(iii) and
21-28-4.01(c)(2)(iv).
SECTION 5. Chapter 8-8.2 of the General Laws entitled
"Traffic tribunal" is hereby
amended by adding thereto the following section:
8-8.2-21.
Abstracts of court records -- Traffic tribunal. – A full record
shall be kept by
the
violating subparagraphs 21-28-4.01(c)(2)(iii) and
21-28-4.01(c)(2)(iv). An abstract of the record
shall be retained by the court. The abstract shall be made
upon forms prepared by the chief
magistrate of the
the parties to the cause, the nature of the offense, the
date of the hearing, the plea, the decision,
the judgment, and the result, and every abstract shall be
certified by the clerk of the court. The
inspection. The chief magistrate of the traffic tribunal shall
make the records available to Rhode
Island state and local
police departments for their inspection of the details of cases which have
been heard before the tribunal.
SECTION 6. This act shall take effect on April 1, 2013.
=======
LC00269/SUB A
=======