Enacted 06/03/14
A N A C T
RELATING TO FOOD AND DRUGS - UNIFORM CONTROLLED SUBSTANCE ACT
Introduced By: Senators Lombardi, McCaffrey, and Jabour
Date Introduced: March 04, 2014
It is enacted by the General Assembly as follows:
SECTION
1. Section 21-22-2.0.8 21-28-2.08 of the
General Laws in Chapter 21-28 entitled "Uniform Controlled Substances
Act" is hereby amended to read as follows:
21-28-2.08. Contents of schedules. -- Schedule I
(a) Schedule I shall consist of the drugs and other substances, by whatever official name, common or usual name, chemical name, or brand name designated, listed in this section.
(b) Opiates. - Unless specifically excepted or unless listed in another schedule, any of the following opiates, including its isomers, esters, ethers, salts, and salts of isomers, esters, and ethers whenever the existence of the isomers, esters, ethers, and salts is possible within the specific chemical designation:
(1) Acetylmethadol
(2) Allylprodine
(3) Alphacetylmethadol
(4) Alphameprodine
(5) Alphamethadol
(6) Benzethidine
(7) Betacetylmethadol
(8) Betameprodine
(9) Betamethadol
(10) Betaprodine
(11) Clonitazene
(12) Dextromoramide
(13) Difenoxin
(14) Diampromide
(15) Diethylthiambutene
(16) Dimenoxadol
(17) Dimepheptanol
(18) Dimethylthiambutene
(19) Dioxaphetyl butyrate
(20) Dipipanone
(21) Ethylmethylthiambutene
(22) Etonitazene
(23) Extoxerdine
(24) Furethidine
(25) Hydroxypethidine
(26) Ketobemidone
(27) Levomoramide
(28) Levophenacylmorphan
(29) Morpheridine
(30) Noracymethadol
(31) Norlevorphanol
(32) Normethadone
(33) Norpipanone
(34) Phenadoxone
(35) Phenampromide
(36) Phenomorphan
(37) Phenoperidine
(38) Piritramide
(39) Proheptazine
(40) Properidine
(41) Propiram
(42) Racemoramide
(43) Trimeperidone
(44) Tilidine
(45) Alpha-methylfentanyl
(46) Beta-hydroxy-3-methylfentanyl other names:
N-[1-(2hydroxy-2-phenethyl)-3-methyl-4piperidingyl] Nphenylpropanamide
(c) Opium Derivatives. - Unless specifically excepted or unless listed in another schedule, any of the following opium derivatives, its salts, isomers, and salts of isomers whenever the existence of the salts, isomers, and salts of isomers is possible within the specific chemical designation:
(1) Acetorphine
(2) Acetyldihydrocodeine
(3) Benzylmorphine
(4) Codeine methylbromide
(5) Codeine-N-Oxide
(6) Cyprenorphine
(7) Desomorphine
(8) Dihydromorphine
(9) Etorphine (Except hydrochloride salt)
(10) Heroin
(11) Hydromorphinol
(12) Methyldesorphine
(13) Methylihydromorphine
(14) Morphine methylbromide
(15) Morphine methylsulfonate
(16) Morphine-N-Oxide
(17) Myrophine
(18) Nococodeine
(19) Nicomorphine
(20) Normorphine
(21) Pholcodine
(22) Thebacon
(23) Drotebanol
(d) Hallucinogenic Substances. -
Unless specifically excepted or unless listed in another schedule, any
material, compound, mixture, or preparation, which that contains
any quantity of the following hallucinogenic substances, or which that
contains any of its salts, isomers, and salts of isomers whenever the existence
of the salts, isomers, and salts of isomers is possible within the specific chemical
designation (for purposes of this subsection only, the term "isomer"
includes the optical, position, and geometric isomers):
(1) 3, 4-methylenedioxy amphetamine
(2) 5-methoxy-3, 4-methylenedioxy amphetamine
(3) 3, 4, 5-trimethoxy amphetamine
(4) Bufotenine
(5) Diethyltryptamine
(6) Dimethyltryptamine
(7) 4-methyl 2, 5-dimethoxyamphetamine
(8) Ibogaine
(9) Lysergic acid diethylamide
(10) Marihuana
(11) Mescaline
(12) Peyote. Meaning all parts of the plant presently classified botanically as Lophophora Williamsii Lemair whether growing or not; the seeds of the plant; any extract from any part of the plant; and any compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or extracts.
(13) N-ethyl-3-piperidyl benzilate
(14) N-methyl-3-piperidyl benzilate
(15) Psilocybin
(16) Psilocyn
(17) Tetrahydrocannabinols. Synthetic
equivalents of the substances contained in the plant, or in the resinous
extractives of Cannabis, sp. and/or synthetic substances, derivatives, and
their isomers with similar chemical structure and pharmacological activity such
as the following: delta 1 cis or trans tetrahydrocannabinol, and their optical
isomers. Delta 6 cis or trans tetrahydrocannabinol and their optical isomers.
Delta 3, 4 cis or trans tetrahydrocannabinol and its their
optical isomer. (Since nomenclature of these substances is not internationally
standardized, compounds of these structures, regardless of numerical
designation of atomic positions covered).
(18) Thiophene analog of phencyclidine. 1-(1-(2 thienyl) cyclo-hexyl) pipiridine: 2-Thienyl analog of phencyclidine: TPCP
(19) 2,5 dimethoxyamphetamine
(20) 4-bromo-2,5-dimethoxyamphetamine, 4-bromo-2,5-dimethoxy-alpha-methylphenethyamine: 4-bromo-2,5-DMA
(21) 4-methoxyamphetamine-4-methoxy-alpha-methylphenethylaimine: paramethoxyamphetamine: PMA
(22) Ethylamine analog of phencyclidine. N-ethyl-1- phenylcyclohexylamine, (1-phenylcyclohexyl) ethylamine, N-(1-phenylcyclophexyl) ethylamine, cyclohexamine, PCE
(23) Pyrrolidine analog of phencyclidine. 1-(1-phencyclohexyl)- pyrrolidine PCPy, PHP
(24) Parahexyl; some trade or other names: 3-Hexyl-1-hydroxy-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-dibenz o (b,d) pyran: Synhexyl.
(25) Salvia
Divinorum (Salvinorin A or Divinorin A), meaning any extract from any part of
the plant;, and any compound, salt derivative, or mixture of the plant
or its extracts. This shall not mean the unaltered plant.
(26) Datura
stamonium (jimsom weed or datura), meaning any extract from any part of the
plant;, and any compound, salt derivative, or mixture of the plant or
its extracts. This shall not mean the unaltered plant.
(e) Depressants. - Unless specifically
excepted or unless listed in another schedule, any material, compound, mixture,
or preparation which that contains any quantity of the following
substances having a depressant effect on the central nervous system, including
its salts, isomers, and salts of isomers whenever the existence of the salts,
isomers, and salts of isomers is possible within the specific chemical
designation:
(1) Mecloqualone.
(2) Methaqualone.
(3) 3-methyl fentanyl (n-( ethyl-1(2-phenylethyl)-4-piperidyl)-N-phenylpropanamide.
(4) 3,4-methyl-enedioxymethamphetamine (MDMA), its optical, positional, and geometric isomers, salts, and salts of isomers.
(5) 1-methyl-4-phenyl-4-propionoxypiperidine (MPPP), its optical isomers, salts, and salts of isomers.
(6) 1-(2-phenylethyl)-4-phenyl-4-acetyloxypiperidine (PEPAP), its optical isomers, salts, and salts of isomers.
(7) N-(1-(1-methyl-2-phenyl)ethyl-4-piperidyl)-N-phenyl-acetamide (acetyl-alpha-methylfentanyl), its optical isomers, salts, and salts of isomers.
(8) N-(1-(1-methyl-2(2-thienyl)ethyl-4-piperidyl)-N-phenylpropanami de (alpha-methylthiofentanyl), its optical isomers, salts, and salts of isomers.
(9) N-(1-benzyl-piperidyl)-N-phenylpropanamide (benzyl-fentanyl), its optical isomers, salts, and salts of isomers.
(10) N-(1-(2-hydroxy-2-phenyl)ethyl-4-piperidyl)-N-phenyl-propanamid e (beta-hydroxyfentanyl), its optical isomers, salts, and salts of isomers.
(11) N-(3-methyl-1(2-hydroxy-2-phenyl)ethyl-4-piperidyl)-N-phenylpro panamide (beta-hydroxy-3-methylfentanyl), its optical and geometric isomers, salts, and salts of isomers.
(12) N-(3-methyl)-1-(2-(2-thienyl)ethyl-4-piperidyl)-N-phenylpro- panamide (3-methylthiofentanyl), its optical and geometric isomers, salts, and salts of isomers.
(13) N-(1-2-thienyl)methyl-4-piperidyl)-N-phenylpropanamide (thenylfentanyl), its optical isomers, salts, and salts of isomers.
(14) N-(1-(2(2-thienyl)ethyl-4-piperidyl-N-phenylpropanamide (thiofentanyl), its optical isomers, salts, and salts of isomers.
(15) N-[1-(2-phenylethyl)-4-piperidyl]N-(4-fluorophenyl)-propanamid e (para-fluorofentanyl), its optical isomers, salts, and salts of isomers.
(16) Gamma hydroxybutyrate, HOOC-CH2-CH2-CH2OH, its optical, position, or geometric isomers, salts, and salts of isomers.
(f) Stimulants. - Unless specifically
excepted or unless listed in another schedule, any material, compound, mixture,
or preparation which that contains any quantity of the following
substances having a stimulant effect on the central nervous system, including
its salts, isomers, and salts of isomers:
(1) Fenethylline
(2) N-ethylamphetamine
(3) 4-methyl-N-methylcathinone (Other name: mephedrone)
(4) 3,4-methylenedioxy-N-methlycathinone (Other name: methylone)
(5) 3,4-methylenedioxypyrovalerone (Other name: MDPV)
(g) Any material, compound, mixture,
or preparation which that contains any quantity of the following
substances:
(1) 5-(1,1-Dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]phenol (CP-47,497)
(2) 5-(1,1-Dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]phenol (cannabicyclohexanol and CP-47,497 c8 homologue)
(3) 1-Butyl-3-(1 naphthoyl)indole, (JWH-073)
(4) 1-[2-(4-Morpholinyl)ethyl]3-(1-naphthoyl)indole (JWH-200)
(5) 1-Pentyl-3-(1-napthoyl)indole, (JWH-018 and AM678)
Schedule II
(a) Schedule II shall consist of the drugs and other substances, by whatever official name, common or usual name, chemical name, or brand name designated, listed in this section.
(b) Substances, vegetable origin, or chemical synthesis. - Unless specifically excepted or unless listed in another schedule, any of the following substances whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:
(1) Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate excluding naloxone and its salts, and excluding naltrexone and its salts, but including the following:
(i) Raw opium
(ii) Opium extracts
(iii) Opium fluid extracts
(iv) Powdered opium
(v) Granulated opium
(vi) Tincture of opium
(vii) Etorphine hydrochloride
(viii) Codeine
(ix) Ethylmorphine
(x) Hydrocodone
(xi) Hydromorphone
(xii) Metopon
(xiii) Morphine
(xiv) Oxycodone
(xv) Oxymorphone
(xvi) Thebaine
(2) Any salt, compound, derivative, or
preparation which that is chemically equivalent or identical with
any of the substances referred to in subdivision (1) of this subsection, except
that these substances shall not include the isoquinoline alkaloids of opium.
(3) Opium poppy and poppy straw.
(4) Coca leaves and any salt,
compound, derivative, or preparation of coca leaves, and any salt, compound,
derivative, or preparation which that is chemically equivalent or
identical with any of these substances, except that the substances shall not
include decocainized coca leaves or extraction of coca leaves, which
extractions do not contain cocaine or ecgonine.
(5) Concentrate of poppy straw (the
crude extract of poppy straw in liquid, solid, or powder form which that
contains the phenanthrine alkaloids of the opium poppy).
(c) Opiates. - Unless specifically excepted
or unless listed in another schedule, any of the following opiates,
including its isomers, esters, ethers, salts; and salts of isomers, esters,
and, ethers whenever the existence of the isomers, esters, ethers, and
salts is possible within the specific chemical designation:
(1) Alphaprodine
(2) Anileridine
(3) Bezitramide
(4) Dihydrocodeine
(5) Diphenoxylate
(6) Fentanyl
(7) Isomethadone
(8) Levomethorphan
(9) Levorphanol
(10) Metazocine
(11) Methadone
(12) Methadone-Intermediate, 4-cyano-2-dimethylamino-4, 4-diphenyl butane
(13) Moramide-Intermediate, 2-methyl-3-morpholino-1, 1-diphenylpropane-carboxylic acid
(14) Pethidine
(15) Pethidine-Intermediate-A, 4-cyano-1-methyl-4-phenylpiperidine
(16) Pethidine-Intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate
(17) Pethidine-Intermediate-C, 1-methyl-4-phenylpiperidine-4-carboxylic acid
(18) Phenaxocine
(19) Piminodine
(20) Racemethorphan
(21) Racemorphan
(22) Bulk Dextropropoxyphene (non-dosage forms)
(23) Suffentanil
(24) Alfentanil
(25) Levoalphacetylmethadol
(d) Stimulants. - Unless specifically
excepted or unless listed in another schedule, any material, compound, mixture,
or preparation which that contains any quantity of the following
substances having a stimulant effect on the central nervous system:
(1) Amphetamine, its salts, optical isomers, and salts of its optical isomers.
(2) Methamphetamine, its salts, and salts of its isomers.
(3) Phenmetrazine and its salts.
(4) Methylphenidate.
(e) Depressants. - Unless specifically
excepted or unless listed in another schedule, any material, compound, mixture,
or preparation which that contains any quantity of the following
substances having a depressant effect on the central nervous system, including
its salts, isomers, and salts of isomers whenever the existence of the salts,
isomers, and salts of isomers is possible within the specific chemical
designation:
(1) Amobarbital
(2) Glutethimide
(3) Methyprylon
(4) Pentobarbital
(5) Phencyclidine
(6) Secobarbital
(7) Phencyclidine immediate precursors:
(i) 1-phencyclohexylamine
(ii) 1-piperidinocyclohexane-carbonitrile (PCC)
(8) Immediate precursor to amphetamine and methamphetamine: Phenylacetone. Some other names: phenyl-2-propanone; P2P; benzyl methyl ketone; methyl benzone ketone.
Schedule III
(a) Unless specifically excepted or
unless listed in another schedule, any material, compound, mixture, or
preparation which that contains any quantity of the following
substances having a depressant effect on the central nervous system:
(1) Any substance which that
contains any quantity of a derivative of barbituric acid, or any salt of
a derivative of barbituric acid.
(2) Chlorhexadol
(3) Lysergic acid
(4) Lysergic acid amide
(5) Sulfondiethylmethane
(6) Sulfonethylmethane
(7) Sylfonmethane
(8) Any compound, mixture, or
preparation containing amobarbital, secobarbital, pentobarbital, or any salt of
them and one or more other active medicinal ingredients which that
are not listed in any schedule.
(9) Any suppository dosage form containing amobarbital, secobarbital, pentobarbital, or any salt of any of these drugs and approved by the Food and Drug Administration for marketing only as a suppository.
(10) Ketamine, its salts, isomers, and salts of isomers. (Some other names for ketamine: (+)-2-(2-chlorophenyl)-2-(methylamino)-cyclohexanone).
(b) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs, or any salts of them:
(1) Not more than one and eight tenths grams (1.8 gms.) of codeine per one hundred milliliters (100 mls.) or not more than ninety milligrams (90 mgs.) per dosage unit, with an equal or greater quantity of an isoquinoline alkaloid of opium.
(2) Not more than one and eight tenths grams (1.8 gms.) of codeine per one hundred milliliters (100 mls.) or not more than ninety milligrams (90 mgs.) per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.
(3) Not more than three hundred milligrams (300 mgs.) of dihydrocodeinone per one hundred milliliters (100 mls.) or not more than fifteen milligrams (15 mgs.) per dosage unit, with a fourfold or greater quantity of an isoquinoline alkaloid of opium.
(4) Not more than three hundred milligrams (300 mgs.) of dihydrocodeinone per one hundred milliliters (100 mls.) or not more than fifteen milligrams (15 mgs.) per dosage unit, with one or more active nonnarcotic ingredients in recognized therapeutic amounts.
(5) Not more than one and eight tenths grams (1.8 gms.) of dihydrocodeine per one hundred milliliters (100 mls.) or not more than ninety milligrams (90 mgs.) per dosage unit, with one or more active nonnarcotic ingredients in recognized therapeutic amounts.
(6) Not more than three hundred milligrams (300 mgs.) of ethylmorphine per one hundred milliliters (100 mls.) or not more than fifteen milligrams (15 mgs.) per dosage unit, with one or more active nonnarcotic ingredients in recognized therapeutic amounts.
(7) Not more than five hundred milligrams (500 mgs.) of opium per one hundred milliliters (100 mls.) or per one hundred grams (100 gms.) or not more than twenty-five milligrams (25 mgs.) per dosage unit, with one or more active nonnarcotic ingredients in recognized therapeutic amounts.
(8) Not more than fifty milligrams (50 mgs.) of morphine per one hundred milliliters (100 mls.) per one hundred grams (100 gms.) with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.
(c) Stimulants. - Unless specifically
excepted or listed in another schedule, any material, compound, mixture, or
preparation which that contains any quantity of the following
substances having a stimulant effect on the central nervous system, including
its salts, isomers, and salts of the isomers whenever the existence of the
salts of isomers is possible within the specific chemical designation:
(1) Benzphetamine
(2) Chlorphentermine
(3) Clortermine
(4) Mazindol
(5) Phendimetrazine
(d) Steroids and hormones. - Anabolic steroids (AS) or human growth hormone (HGH), excluding those compounds, mixtures, or preparations containing an anabolic steroid that because of its concentration, preparation, mixture, or delivery system, has no significant potential for abuse, as published in 21 CFR 1308.34, including, but not limited to, the following:
(1) Chlorionic gonadotropin
(2) Clostebol
(3) Dehydrochlormethyltestosterone
(4) Ethylestrenol
(5) Fluoxymesterone
(6) Mesterolone
(7) Metenolone
(8) Methandienone
(9) Methandrostenolone
(10) Methyltestosterone
(11) Nandrolone decanoate
(12) Nandrolone phenpropionate
(13) Norethandrolone
(14) Oxandrolone
(15) Oxymesterone
(16) Oxymetholone
(17) Stanozolol
(18) Testosterone propionate
(19) Testosterone-like related compounds
(20) Human Growth Hormone (HGH)
(e) Hallucinogenic substances.
(1) Dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in U.S. Food and Drug Administration-approved drug product. (Some other names for dronabinol: (6aR-trans)-6a, 7, 8, 10a- tetrahydro-6, 6, 9- trimethyl-3-pentyl-6H- dibenzo[b,d]yra n-1-ol,or(-)-delta-9(trans)-tetrahydrocannabinol.)
Schedule IV
(1) Barbital.
(2) Chloral betaine
(3) Chloral hydrate
(4) Ethchrovynol
(5) Ethinamate
(6) Methohexital
(7) Meprobamate
(8) Methylphenobarbital
(9) Paraldehyde
(10) Petrichloral
(11) Phenobarbital
(12) Fenfluramine
(13) Diethylpropion
(14) Phentermine
(15) Pemoline (including organometallic complexes and chelates thereof).
(16) Chlordiazepoxide
(17) Clonazepam
(18) Clorazepate
(19) Diazepam
(20) Flurazepam
(21) Mebutamate
(22) Oxazepam
(23) Unless specifically excepted or
unless listed in another schedule, any material, compound, mixture, or
preparation which that contains any quantity of the following
substances, including its salts:
Dextropropoxyphene(alpha-(+)-4-dimethylamino-1,2-diphenyl-3- methyl-2-propronoxybutane).
(24) Prazepam
(25) Lorazepam
(26) Not more than one milligram (1 mg.) of difenoxin and not less than twenty-five (25) micrograms of atropine sulfate per dosage unit.
(27) Pentazocine
(28) Pipradrol
(29) SPA (-)-1-dimethylamino-1, 2-diphenylethane
(30) Temazepam
(31) Halazepam
(32) Alprazolam
(33) Bromazepam
(34) Camazepam
(35) Clobazam
(36) Clotiazepam
(37) Cloxazolam
(38) Delorazepam
(39) Estazolam
(40) Ethyl Ioflazepate
(41) Fludizaepam
(42) Flunitrazepam
(43) Haloxazolam
(44) Ketazolam
(45) Loprazolam
(46) Lormetazepam
(47) Medazepam
(48) Nimetazepam
(49) Nitrazepam
(50) Nordiazepam
(51) Oxazolam
(52) Pinazepam
(53) Tetrazepam
(54) Mazindol
(55) Triazolam
(56) Midazolam
(57) Quazepam
(58) Butorphanol
(59) Sibutramine
Schedule V
(a) Any compound, mixture, or preparation containing any of the following limited quantities of narcotic drugs, which shall include one or more non-narcotic active medicinal ingredients in sufficient proportion to confer upon the compound, mixture, or preparation valuable medicinal qualities other than those possessed by the narcotic drug alone:
(1) Not more than two hundred milligrams (200 mgs.) of codeine per 100 milliliters (100 mls.) or per one hundred grams (100 gms.).
(2) Not more than one hundred milligrams (100 mgs.) of dihydrocodeine per 100 milliliters (100 mls.) or per one hundred grams (100 gms.).
(3) Not more than one hundred milligrams (100 mgs.) of ethylmorphine per 100 milliliters (100 mls.) or per one hundred grams (100 gms.).
(4) Not more than two and five tenths milligrams (2.5 mgs.) of diphenixylate and not less than twenty-five (25) micrograms of atropine sulfate per dosage unit.
(5) Not more than one hundred milligrams (100 mgs.) of opium per one hundred milliliters (100 mls.) or per one hundred grams (100 gms.).
(b) Not more than five tenths milligrams (0.5 mgs.) of difenoxin and not less than twenty-five (25) micrograms of atropine sulfate per dosage unit.
(c) Buprenorphine
(d) Unless specifically exempted or
excluded or unless listed in another schedule, any material, compound, mixture,
or preparation which that contains any quantity of the following
substances having a stimulant effect on the central nervous system, including
its salts, isomers, and salts of isomers:
(1) Propylhexedrine (except as benzedrex inhaler)
(2) Pyrovalerone.
SECTION 2. Section 21-28-4.0.1 of the General Laws in Chapter 21-28 entitled "Uniform Controlled Substances Act" is hereby amended to read as follows:
21-28-4.01. Prohibited acts A -- Penalties. [Effective April 1, 2013.] -- (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 §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) 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
of this title 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 of
this title 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 of this title 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 Rhode Island
traffic tribunal. All 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
Rhode Island traffic tribunal. Fifty percent (50%) of all fines collected by
the Rhode Island traffic tribunal from civil penalties issued pursuant to 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.
(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.
(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 that
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.
(f) It is
unlawful for any person to knowingly or intentionally possess, manufacture,
distribute, or possess with intent to manufacture or distribute any extract,
compound, salt derivative, or mixture of salvia divinorum or datura stramonium
or its extracts, unless the person is exempt pursuant to the provisions
of section §21-28-3.30. Notwithstanding any laws to the contrary, any
person who violates this section is guilty of a misdemeanor, and, upon
conviction, may be imprisoned for not more than one year, or fined not more
than one thousand dollars ($1,000), or both. The provisions of this section
shall not apply to licensed physicians, pharmacists, and accredited hospitals
and teaching facilities engaged in the research or study of salvia divinorum or
datura stramonium, and shall not apply to any person participating in
clinical trials involving the use of salvia divinorum or datura stramonium.
SECTION 3. This act shall take effect upon passage.
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LC004853
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