Chapter 098
2015 -- S 0518 AS AMENDED
Enacted 06/19/2015

A N   A C T
RELATING TO UNIFORM CONTROLLED SUBSTANCES ACT - OFFENSES AND PENALTIES

Introduced By: Senator Michael J. McCaffrey
Date Introduced: February 26, 2015

It is enacted by the General Assembly as follows:
     SECTION 1. Section 21-28-4.01 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. -- (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 § 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 crime,
and upon conviction 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) ($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 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 § 21-28-4.01(a)(1) of
this section and upon conviction may be imprisoned for not more than one year 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 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 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 disposition, 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, discussion and ten
(10) hours of community service. Notwithstanding any other public, special 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 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 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 § 21-28-4.01(c)(2)(iii)
or 21-28-4.01(c)(2)(iv) of this subsection two (2) times in the eighteen (18) months prior to the
third (3rd) offense.
      (vi) Any unpaid civil fine issued under § 21-28-4.01(c)(2)(iii) or 21-28-4.01(c)(2)(iv) of
this subsection shall double to three hundred dollars ($300) if not paid within thirty (30) days of
the offense disposition. 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 § 21-28-4.01(c)(2)(iii) or 21-28-
4.01(c)(2)(iv) of this subsection 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 who 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 § 21-28-4.01(c)(2)(iii) or 21-28-4.01(c)(2)(iv) of this subsection
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 § 21-28-4.01(c)(2)(iii) or 21-28-4.01(c)(2)(iv) of this
subsection shall not be open to public inspection in accordance with § 8-8.2-21. sealed eighteen
(18) months after the payment of said civil fine.
      (3) Jurisdiction. - Any and all violations of § 21-28-4.01(c)(2)(iii) and 21-28-
4.01(c)(2)(iv) of this subsection shall be the exclusive jurisdiction of the Rhode Island traffic
tribunal. All money associated with the civil fine issued under § 21-28-4.01(c)(2)(iii) or 21-28-
4.01(c)(2)(iv) of this subsection 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 § 21-28-4.01(c)(2)(iii) or 21-28-4.01(c)(2)(iv) of this subsection 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 Department of
Behavioral Healthcare, Developmental Disabilities 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.
      (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 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 Enhancing performance in an
exercise, sport, or game, or (2) hormonal 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 § 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 2. This act shall take effect upon passage.
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LC001899
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