Chapter 407
2016 -- H 7362
Enacted 07/12/2016

A N   A C T
RELATING TO DELINQUENT AND DEPENDENT CHILDREN-FOOD AND DRUGS-UNIFORM CONTROLLED SUBSTANCES ACT

Introduced By: Representatives Naughton, Maldonado, Diaz, O'Brien, and McKiernan
Date Introduced: January 28, 2016

It is enacted by the General Assembly as follows:
     SECTION 1. Section 14-1-3 of the General Laws in Chapter 14-1 entitled "Proceedings
in Family Court" is hereby amended to read as follows:
     14-1-3. Definitions. -- The following words and phrases when used in this chapter shall,
unless the context otherwise requires, be construed as follows:
      (1) "Adult" means a person eighteen (18) years of age or older, except that "adult"
includes any person seventeen (17) years of age or older who is charged with a delinquent offense
involving murder, first-degree sexual assault, first-degree child molestation, or assault with intent
to commit murder, and that person shall not be subject to the jurisdiction of the family court as set
forth in §§ 14-1-5 and 14-1-6 if, after a hearing, the family court determines that probable cause
exists to believe that the offense charged has been committed and that the person charged has
committed the offense.
      (2) "Appropriate person,", as used in §§ 14-1-10 and 14-1-11, except in matters relating
to adoptions and child marriages, means and includes:
      (i) Any police official of this state, or of any city or town within this state;
      (ii) Any duly qualified prosecuting officer of this state, or of any city or town within this
state;
      (iii) Any director of public welfare of any city or town within this state, or his or her duly
authorized subordinate;
      (iv) Any truant officer or other school official of any city or town within this state;
      (v) Any duly authorized representative of any public or duly licensed private agency or
institution established for purposes similar to those specified in § 8-10-2 or 14-1-2; or
      (vi) Any maternal or paternal grandparent, who alleges that the surviving parent, in those
cases in which one parent is deceased, is an unfit and improper person to have custody of any
child or children.
      (3) "Child" means a person under eighteen (18) years of age.
      (4) "The court" means the family court of the state of Rhode Island.
      (5) "Delinquent", when applied to a child, means and includes any child who has
committed any offense which that, if committed by an adult, would constitute a felony, or who
has on more than one occasion violated any of the other laws of the state or of the United States
or any of the ordinances of cities and towns, other than ordinances relating to the operation of
motor vehicles.
      (6) "Dependent" means any child who requires the protection and assistance of the court
when his or her physical or mental health or welfare is harmed, or threatened with harm, due to
the inability of the parent or guardian, through no fault of the parent or guardian, to provide the
child with a minimum degree of care or proper supervision because of:
      (i) The death or illness of a parent; or
      (ii) The special medical, educational, or social-service needs of the child which the
parent is unable to provide.
      (7) "Justice" means a justice of the family court.
      (8) "Neglect" means a child who requires the protection and assistance of the court when
his or her physical or mental health or welfare is harmed, or threatened with harm, when the
parents or guardian:
      (i) Fails to supply the child with adequate food, clothing, shelter, or medical care, though
financially able to do so or offered financial or other reasonable means to do so;
      (ii) Fails to provide the child proper education as required by law; or
      (iii) Abandons and/or deserts the child.
      (9) "Wayward", when applied to a child, means and includes any child:
      (i) Who has deserted his or her home without good or sufficient cause;
      (ii) Who habitually associates with dissolute, vicious, or immoral persons;
      (iii) Who is leading an immoral or vicious life;
      (iv) Who is habitually disobedient to the reasonable and lawful commands of his or her
parent or parents, guardian, or other lawful custodian;
      (v) Who, being required by chapter 19 of title 16 to attend school, willfully and
habitually absents himself or herself from school or habitually violates the rules and regulations
of the school when he or she attends; or
      (vi) Who has, on any occasion, violated any of the laws of the state or of the United
States or any of the ordinances of cities and towns, other than ordinances relating to the operation
of motor vehicles.; or
     (vii) Any child under seventeen (17) years of age who is in possession of one ounce (1
oz.) or less of marijuana, as defined in §21-28-1.02, and who is not exempted from the penalties
pursuant to chapter 28.6 of title 21.
      (10) The singular shall be construed to include the plural, the plural the singular, and the
masculine the feminine, when consistent with the intent of this chapter.
      (11) For the purposes of this chapter, "electronic surveillance and monitoring devices"
means any "radio frequency identification device (RFID)" OR or "global positioning device" that
is either tethered to a person or is intended to be kept with a person and is used for the purposes
of tracking the whereabouts of that person within the community.
     SECTION 2. Chapter 14-5 of the General Laws entitled "Treatment of Juveniles for
Chemical Dependency" is hereby amended by adding thereto the following section:
     14-5-8. Possession of one ounce (1 oz.) or less of marijuana. – Notwithstanding any
public, special, or general law to the contrary, possession of one ounce (1 oz.) or less of
marijuana, as defined in §21-28-1.02, by a child under seventeen (17) years of age and who is not
exempted from penalties pursuant to chapter 28.6 of title 21, shall constitute a status offense
pursuant to §14-1-3 (9)(vii) and forfeiture of the marijuana. The family court may order a
substance-abuse assessment and, if recommended, substance-abuse treatment. The parents or
legal guardian of any child under seventeen (17) years of age shall be notified of the offense.
     SECTION 3. Section 21-28-4.1 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. -- (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, 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 (a)(1) of this section,
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 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 seventeen (17) years of age or older and
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 seventeen (17) years of age or older and under the age of
eighteen (18) years fails to complete an approved, drug-awareness program and community
service within one year of the 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 seventeen (17) years of age or
older and 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 or second 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, 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 (c)(2)(iii) or (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 (c)(2)(iii) or (c)(2)(iv) of this subsection shall
double to three hundred dollars ($300) if not paid within thirty (30) days of the 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 (c)(2)(iii) or (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 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 (c)(2)(iii) or (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, or the family court that
include personally identifiable information about violations of (c)(2)(iii) or (c)(2)(iv) of this
subsection shall not be open to public inspection in accordance with § 8-8.2-21.
      (3) Jurisdiction. - Any and all violations of (c)(2)(iii) and (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 (c)(2)(iii) or (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 (c)(2)(iii) or (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 (c)(2)(i) of this subsection or convicted or who pleads nolo contendere a second or
subsequent time under paragraph (c)(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 Ddepartment of Bbehavioral Hhealthcare, Ddevelopmental Ddisabilities and
Hhospitals 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 (c)(2)(i) and (c)(2)(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 (c)(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 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 § 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 4. This act shall take effect on September 1, 2016.
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LC003988
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