2014 -- H 7191 | |
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LC003011 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2014 | |
____________ | |
A N A C T | |
RELATING TO FOOD AND DRUGS - UNIFORM CONTROLLED SUBSTANCE ACT | |
| |
Introduced By: Representatives Corvese, O'Brien, Azzinaro, Edwards, and Ajello | |
Date Introduced: January 23, 2014 | |
Referred To: House Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 21-28-2.08 of the General Laws in Chapter 21-28 entitled "Uniform |
2 | Controlled Substances Act" is hereby amended to read as follows: |
3 | 21-28-2.08. Contents of schedules. -- Schedule I |
4 | (a) Schedule I shall consist of the drugs and other substances, by whatever official name, |
5 | common or usual name, chemical name, or brand name designated, listed in this section. |
6 | (b) Opiates. - Unless specifically excepted or unless listed in another schedule, any of |
7 | the following opiates, including its isomers, esters, ethers, salts, and salts of isomers, esters, and |
8 | ethers whenever the existence of the isomers, esters, ethers, and salts is possible within the |
9 | specific chemical designation: |
10 | (1) Acetylmethadol |
11 | (2) Allylprodine |
12 | (3) Alphacetylmethadol |
13 | (4) Alphameprodine |
14 | (5) Alphamethadol |
15 | (6) Benzethidine |
16 | (7) Betacetylmethadol |
17 | (8) Betameprodine |
18 | (9) Betamethadol |
19 | (10) Betaprodine |
| |
1 | (11) Clonitazene |
2 | (12) Dextromoramide |
3 | (13) Difenoxin |
4 | (14) Diampromide |
5 | (15) Diethylthiambutene |
6 | (16) Dimenoxadol |
7 | (17) Dimepheptanol |
8 | (18) Dimethylthiambutene |
9 | (19) Dioxaphetyl butyrate |
10 | (20) Dipipanone |
11 | (21) Ethylmethylthiambutene |
12 | (22) Etonitazene |
13 | (23) Extoxerdine |
14 | (24) Furethidine |
15 | (25) Hydroxypethidine |
16 | (26) Ketobemidone |
17 | (27) Levomoramide |
18 | (28) Levophenacylmorphan |
19 | (29) Morpheridine |
20 | (30) Noracymethadol |
21 | (31) Norlevorphanol |
22 | (32) Normethadone |
23 | (33) Norpipanone |
24 | (34) Phenadoxone |
25 | (35) Phenampromide |
26 | (36) Phenomorphan |
27 | (37) Phenoperidine |
28 | (38) Piritramide |
29 | (39) Proheptazine |
30 | (40) Properidine |
31 | (41) Propiram |
32 | (42) Racemoramide |
33 | (43) Trimeperidone |
34 | (44) Tilidine |
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1 | (45) Alpha-methylfentanyl |
2 | (46) Beta-hydroxy-3-methylfentanyl other names: |
3 | N-[1-(2hydroxy-2-phenethyl)-3-methyl-4piperidingyl] Nphenylpropanamide |
4 | (c) Opium Derivatives. - Unless specifically excepted or unless listed in another |
5 | schedule, any of the following opium derivatives, its salts, isomers, and salts of isomers whenever |
6 | the existence of the salts, isomers, and salts of isomers is possible within the specific chemical |
7 | designation: |
8 | (1) Acetorphine |
9 | (2) Acetyldihydrocodeine |
10 | (3) Benzylmorphine |
11 | (4) Codeine methylbromide |
12 | (5) Codeine-N-Oxide |
13 | (6) Cyprenorphine |
14 | (7) Desomorphine |
15 | (8) Dihydromorphine |
16 | (9) Etorphine (Except hydrochloride salt) |
17 | (10) Heroin |
18 | (11) Hydromorphinol |
19 | (12) Methyldesorphine |
20 | (13) Methylihydromorphine |
21 | (14) Morphine methylbromide |
22 | (15) Morphine methylsulfonate |
23 | (16) Morphine-N-Oxide |
24 | (17) Myrophine |
25 | (18) Nococodeine |
26 | (19) Nicomorphine |
27 | (20) Normorphine |
28 | (21) Pholcodine |
29 | (22) Thebacon |
30 | (23) Drotebanol |
31 | (d) Hallucinogenic Substances. - Unless specifically excepted or unless listed in another |
32 | schedule, any material, compound, mixture, or preparation, which that contains any quantity of |
33 | the following hallucinogenic substances, or which that contains any of its salts, isomers, and salts |
34 | of isomers whenever the existence of the salts, isomers, and salts of isomers is possible within the |
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1 | specific chemical designation (for purposes of this subsection only, the term "isomer" includes |
2 | the optical, position, and geometric isomers): |
3 | (1) 3, 4-methylenedioxy amphetamine |
4 | (2) 5-methoxy-3, 4-methylenedioxy amphetamine |
5 | (3) 3, 4, 5-trimethoxy amphetamine |
6 | (4) Bufotenine |
7 | (5) Diethyltryptamine |
8 | (6) Dimethyltryptamine |
9 | (7) 4-methyl 2, 5-dimethoxyamphetamine |
10 | (8) Ibogaine |
11 | (9) Lysergic acid diethylamide |
12 | (10) Marihuana |
13 | (11) Mescaline |
14 | (12) Peyote. Meaning all parts of the plant presently classified botanically as |
15 | Lophophora Williamsii Lemair whether growing or not; the seeds of the plant; any extract from |
16 | any part of the plant; and any compound, manufacture, salt, derivative, mixture, or preparation of |
17 | the plant, its seeds or extracts. |
18 | (13) N-ethyl-3-piperidyl benzilate |
19 | (14) N-methyl-3-piperidyl benzilate |
20 | (15) Psilocybin |
21 | (16) Psilocyn |
22 | (17) Tetrahydrocannabinols. Synthetic equivalents of the substances contained in the |
23 | plant, or in the resinous extractives of Cannabis, sp. and/or synthetic substances, derivatives, and |
24 | their isomers with similar chemical structure and pharmacological activity such as the following: |
25 | delta 1 cis or trans tetrahydrocannabinol, and their optical isomers. Delta 6 cis or trans |
26 | tetrahydrocannabinol and their optical isomers. Delta 3, 4 cis or trans tetrahydrocannabinol and |
27 | its their optical isomer. (Since nomenclature of these substances is not internationally |
28 | standardized, compounds of these structures, regardless of numerical designation of atomic |
29 | positions covered). |
30 | (18) Thiophene analog of phencyclidine. 1-(1-(2 thienyl) cyclo-hexyl) pipiridine: 2- |
31 | Thienyl analog of phencyclidine: TPCP |
32 | (19) 2,5 dimethoxyamphetamine |
33 | (20) 4-bromo-2,5-dimethoxyamphetamine, 4-bromo-2,5-dimethoxy-alpha- |
34 | methylphenethyamine: 4-bromo-2,5-DMA |
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1 | (21) 4-methoxyamphetamine-4-methoxy-alpha-methylphenethylaimine: |
2 | paramethoxyamphetamine: PMA |
3 | (22) Ethylamine analog of phencyclidine. N-ethyl-1- phenylcyclohexylamine, (1- |
4 | phenylcyclohexyl) ethylamine, N-(1-phenylcyclophexyl) ethylamine, cyclohexamine, PCE |
5 | (23) Pyrrolidine analog of phencyclidine. 1-(1-phencyclohexyl)- pyrrolidine PCPy, PHP |
6 | (24) Parahexyl; some trade or other names: 3-Hexyl-1-hydroxy-7,8,9,10-tetrahydro- |
7 | 6,6,9-trimethyl-6H-dibenz o (b,d) pyran: Synhexyl. |
8 | (25) Salvia Divinorum (Salvinorin A or Divinorin A), meaning any extract from any part |
9 | of the plant, and any compound, salt derivative, or mixture of the plant or its extracts. This shall |
10 | not mean the unaltered plant. |
11 | (26) Datura stamonium (jimsom weed or datura), meaning any extract from any part of |
12 | the plant, and any compound, salt derivative, or mixture of the plant or its extracts. This shall not |
13 | mean the unaltered plant. |
14 | (e) Depressants. - Unless specifically excepted or unless listed in another schedule, any |
15 | material, compound, mixture, or preparation which that contains any quantity of the following |
16 | substances having a depressant effect on the central nervous system, including its salts, isomers, |
17 | and salts of isomers whenever the existence of the salts, isomers, and salts of isomers is possible |
18 | within the specific chemical designation: |
19 | (1) Mecloqualone. |
20 | (2) Methaqualone. |
21 | (3) 3-methyl fentanyl (n-( ethyl-1(2-phenylethyl)-4-piperidyl)-N-phenylpropanamide. |
22 | (4) 3,4-methyl-enedioxymethamphetamine (MDMA), its optical, positional, and |
23 | geometric isomers, salts, and salts of isomers. |
24 | (5) 1-methyl-4-phenyl-4-propionoxypiperidine (MPPP), its optical isomers, salts, and |
25 | salts of isomers. |
26 | (6) 1-(2-phenylethyl)-4-phenyl-4-acetyloxypiperidine (PEPAP), its optical isomers, salts, |
27 | and salts of isomers. |
28 | (7) N-(1-(1-methyl-2-phenyl)ethyl-4-piperidyl)-N-phenyl-acetamide (acetyl-alpha- |
29 | methylfentanyl), its optical isomers, salts, and salts of isomers. |
30 | (8) N-(1-(1-methyl-2(2-thienyl)ethyl-4-piperidyl)-N-phenylpropanami de (alpha- |
31 | methylthiofentanyl), its optical isomers, salts, and salts of isomers. |
32 | (9) N-(1-benzyl-piperidyl)-N-phenylpropanamide (benzyl-fentanyl), its optical isomers, |
33 | salts, and salts of isomers. |
34 | (10) N-(1-(2-hydroxy-2-phenyl)ethyl-4-piperidyl)-N-phenyl-propanamid e (beta- |
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1 | hydroxyfentanyl), its optical isomers, salts, and salts of isomers. |
2 | (11) N-(3-methyl-1(2-hydroxy-2-phenyl)ethyl-4-piperidyl)-N-phenylpro panamide (beta- |
3 | hydroxy-3-methylfentanyl), its optical and geometric isomers, salts, and salts of isomers. |
4 | (12) N-(3-methyl)-1-(2-(2-thienyl)ethyl-4-piperidyl)-N-phenylpro- panamide (3- |
5 | methylthiofentanyl), its optical and geometric isomers, salts, and salts of isomers. |
6 | (13) N-(1-2-thienyl)methyl-4-piperidyl)-N-phenylpropanamide (thenylfentanyl), its |
7 | optical isomers, salts, and salts of isomers. |
8 | (14) N-(1-(2(2-thienyl)ethyl-4-piperidyl-N-phenylpropanamide (thiofentanyl), its optical |
9 | isomers, salts, and salts of isomers. |
10 | (15) N-[1-(2-phenylethyl)-4-piperidyl]N-(4-fluorophenyl)-propanamid e (para- |
11 | fluorofentanyl), its optical isomers, salts, and salts of isomers. |
12 | (16) Gamma hydroxybutyrate, HOOC-CH2-CH2-CH2OH, its optical, position, or |
13 | geometric isomers, salts, and salts of isomers. |
14 | (f) Stimulants. - Unless specifically excepted or unless listed in another schedule, any |
15 | material, compound, mixture, or preparation which that contains any quantity of the following |
16 | substances having a stimulant effect on the central nervous system, including its salts, isomers, |
17 | and salts of isomers: |
18 | (1) Fenethylline |
19 | (2) N-ethylamphetamine |
20 | (3) 4-methyl-N-methylcathinone (Other name: mephedrone) |
21 | (4) 3,4-methylenedioxy-N-methlycathinone (Other name: methylone) |
22 | (5) 3,4-methylenedioxypyrovalerone (Other name: MDPV) |
23 | (g) Any material, compound, mixture, or preparation which that contains any quantity of |
24 | the following substances: |
25 | (1) 5-(1,1-Dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]phenol (CP-47,497) |
26 | (2) 5-(1,1-Dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]phenol |
27 | (cannabicyclohexanol and CP-47,497 c8 homologue) |
28 | (3) 1-Butyl-3-(1 naphthoyl)indole, (JWH-073) |
29 | (4) 1-[2-(4-Morpholinyl)ethyl]3-(1-naphthoyl)indole (JWH-200) |
30 | (5) 1-Pentyl-3-(1-napthoyl)indole, (JWH-018 and AM678) |
31 | Schedule II |
32 | (a) Schedule II shall consist of the drugs and other substances, by whatever official |
33 | name, common or usual name, chemical name, or brand name designated, listed in this section. |
34 | (b) Substances, vegetable origin, or chemical synthesis. - Unless specifically excepted or |
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1 | unless listed in another schedule, any of the following substances whether produced directly or |
2 | indirectly by extraction from substances of vegetable origin, or independently by means of |
3 | chemical synthesis, or by a combination of extraction and chemical synthesis: |
4 | (1) Opium and opiate, and any salt, compound, derivative, or preparation of opium or |
5 | opiate excluding naloxone and its salts, and excluding naltrexone and its salts, but including the |
6 | following: |
7 | (i) Raw opium |
8 | (ii) Opium extracts |
9 | (iii) Opium fluid extracts |
10 | (iv) Powdered opium |
11 | (v) Granulated opium |
12 | (vi) Tincture of opium |
13 | (vii) Etorphine hydrochloride |
14 | (viii) Codeine |
15 | (ix) Ethylmorphine |
16 | (x) Hydrocodone |
17 | (xi) Hydromorphone |
18 | (xii) Metopon |
19 | (xiii) Morphine |
20 | (xiv) Oxycodone |
21 | (xv) Oxymorphone |
22 | (xvi) Thebaine |
23 | (2) Any salt, compound, derivative, or preparation which that is chemically equivalent or |
24 | identical with any of the substances referred to in subdivision (1) of this subsection, except that |
25 | these substances shall not include the isoquinoline alkaloids of opium. |
26 | (3) Opium poppy and poppy straw. |
27 | (4) Coca leaves and any salt, compound, derivative, or preparation of coca leaves, and |
28 | any salt, compound, derivative, or preparation which that is chemically equivalent or identical |
29 | with any of these substances, except that the substances shall not include decocainized coca |
30 | leaves or extraction of coca leaves, which extractions do not contain cocaine or ecgonine. |
31 | (5) Concentrate of poppy straw (the crude extract of poppy straw in liquid, solid, or |
32 | powder form which that contains the phenanthrine alkaloids of the opium poppy). |
33 | (c) Opiates. - Unless specifically excepted or unless listed in another schedule, any of the |
34 | following opiates, including its isomers, esters, ethers, salts; and salts of isomers, esters, and, |
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1 | ethers whenever the existence of the isomers, esters, ethers, and salts is possible within the |
2 | specific chemical designation: |
3 | (1) Alphaprodine |
4 | (2) Anileridine |
5 | (3) Bezitramide |
6 | (4) Dihydrocodeine |
7 | (5) Diphenoxylate |
8 | (6) Fentanyl |
9 | (7) Isomethadone |
10 | (8) Levomethorphan |
11 | (9) Levorphanol |
12 | (10) Metazocine |
13 | (11) Methadone |
14 | (12) Methadone-Intermediate, 4-cyano-2-dimethylamino-4, 4-diphenyl butane |
15 | (13) Moramide-Intermediate, 2-methyl-3-morpholino-1, 1-diphenylpropane-carboxylic |
16 | acid |
17 | (14) Pethidine |
18 | (15) Pethidine-Intermediate-A, 4-cyano-1-methyl-4-phenylpiperidine |
19 | (16) Pethidine-Intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate |
20 | (17) Pethidine-Intermediate-C, 1-methyl-4-phenylpiperidine-4-carboxylic acid |
21 | (18) Phenaxocine |
22 | (19) Piminodine |
23 | (20) Racemethorphan |
24 | (21) Racemorphan |
25 | (22) Bulk Dextropropoxyphene (non-dosage forms) |
26 | (23) Suffentanil |
27 | (24) Alfentanil |
28 | (25) Levoalphacetylmethadol |
29 | (d) Stimulants. - Unless specifically excepted or unless listed in another schedule, any |
30 | material, compound, mixture, or preparation which that contains any quantity of the following |
31 | substances having a stimulant effect on the central nervous system: |
32 | (1) Amphetamine, its salts, optical isomers, and salts of its optical isomers. |
33 | (2) Methamphetamine, its salts, and salts of its isomers. |
34 | (3) Phenmetrazine and its salts. |
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1 | (4) Methylphenidate. |
2 | (e) Depressants. - Unless specifically excepted or unless listed in another schedule, any |
3 | material, compound, mixture, or preparation which that contains any quantity of the following |
4 | substances having a depressant effect on the central nervous system, including its salts, isomers, |
5 | and salts of isomers whenever the existence of the salts, isomers, and salts of isomers is possible |
6 | within the specific chemical designation: |
7 | (1) Amobarbital |
8 | (2) Glutethimide |
9 | (3) Methyprylon |
10 | (4) Pentobarbital |
11 | (5) Phencyclidine |
12 | (6) Secobarbital |
13 | (7) Phencyclidine immediate precursors: |
14 | (i) 1-phencyclohexylamine |
15 | (ii) 1-piperidinocyclohexane-carbonitrile (PCC) |
16 | (8) Immediate precursor to amphetamine and methamphetamine: Phenylacetone. Some |
17 | other names: phenyl-2-propanone; P2P; benzyl methyl ketone; methyl benzone ketone. |
18 | Schedule III |
19 | (a) Unless specifically excepted or unless listed in another schedule, any material, |
20 | compound, mixture, or preparation which that contains any quantity of the following substances |
21 | having a depressant effect on the central nervous system: |
22 | (1) Any substance which that contains any quantity of a derivative of barbituric acid, or |
23 | any salt of a derivative of barbituric acid. |
24 | (2) Chlorhexadol |
25 | (3) Lysergic acid |
26 | (4) Lysergic acid amide |
27 | (5) Sulfondiethylmethane |
28 | (6) Sulfonethylmethane |
29 | (7) Sylfonmethane |
30 | (8) Any compound, mixture, or preparation containing amobarbital, secobarbital, |
31 | pentobarbital, or any salt of them and one or more other active medicinal ingredients which that |
32 | are not listed in any schedule. |
33 | (9) Any suppository dosage form containing amobarbital, secobarbital, pentobarbital, or |
34 | any salt of any of these drugs and approved by the Food and Drug Administration for marketing |
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1 | only as a suppository. |
2 | (10) Ketamine, its salts, isomers, and salts of isomers. (Some other names for ketamine: |
3 | (+)-2-(2-chlorophenyl)-2-(methylamino)-cyclohexanone). |
4 | (b) Unless specifically excepted or unless listed in another schedule, any material, |
5 | compound, mixture, or preparation containing limited quantities of any of the following narcotic |
6 | drugs, or any salts of them: |
7 | (1) Not more than one and eight tenths grams (1.8 gms.) of codeine per one hundred |
8 | milliliters (100 mls.) or not more than ninety milligrams (90 mgs.) per dosage unit, with an equal |
9 | or greater quantity of an isoquinoline alkaloid of opium. |
10 | (2) Not more than one and eight tenths grams (1.8 gms.) of codeine per one hundred |
11 | milliliters (100 mls.) or not more than ninety milligrams (90 mgs.) per dosage unit, with one or |
12 | more active, nonnarcotic ingredients in recognized therapeutic amounts. |
13 | (3) Not more than three hundred milligrams (300 mgs.) of dihydrocodeinone per one |
14 | hundred milliliters (100 mls.) or not more than fifteen milligrams (15 mgs.) per dosage unit, with |
15 | a fourfold or greater quantity of an isoquinoline alkaloid of opium. |
16 | (4) Not more than three hundred milligrams (300 mgs.) of dihydrocodeinone per one |
17 | hundred milliliters (100 mls.) or not more than fifteen milligrams (15 mgs.) per dosage unit, with |
18 | one or more active nonnarcotic ingredients in recognized therapeutic amounts. |
19 | (5) Not more than one and eight tenths grams (1.8 gms.) of dihydrocodeine per one |
20 | hundred milliliters (100 mls.) or not more than ninety milligrams (90 mgs.) per dosage unit, with |
21 | one or more active nonnarcotic ingredients in recognized therapeutic amounts. |
22 | (6) Not more than three hundred milligrams (300 mgs.) of ethylmorphine per one |
23 | hundred milliliters (100 mls.) or not more than fifteen milligrams (15 mgs.) per dosage unit, with |
24 | one or more active nonnarcotic ingredients in recognized therapeutic amounts. |
25 | (7) Not more than five hundred milligrams (500 mgs.) of opium per one hundred |
26 | milliliters (100 mls.) or per one hundred grams (100 gms.) or not more than twenty-five |
27 | milligrams (25 mgs.) per dosage unit, with one or more active nonnarcotic ingredients in |
28 | recognized therapeutic amounts. |
29 | (8) Not more than fifty milligrams (50 mgs.) of morphine per one hundred milliliters |
30 | (100 mls.) per one hundred grams (100 gms.) with one or more active, nonnarcotic ingredients in |
31 | recognized therapeutic amounts. |
32 | (c) Stimulants. - Unless specifically excepted or listed in another schedule, any material, |
33 | compound, mixture, or preparation which that contains any quantity of the following substances |
34 | having a stimulant effect on the central nervous system, including its salts, isomers, and salts of |
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1 | the isomers whenever the existence of the salts of isomers is possible within the specific chemical |
2 | designation: |
3 | (1) Benzphetamine |
4 | (2) Chlorphentermine |
5 | (3) Clortermine |
6 | (4) Mazindol |
7 | (5) Phendimetrazine |
8 | (d) Steroids and hormones. - Anabolic steroids (AS) or human growth hormone (HGH), |
9 | excluding those compounds, mixtures, or preparations containing an anabolic steroid that because |
10 | of its concentration, preparation, mixture, or delivery system, has no significant potential for |
11 | abuse, as published in 21 CFR 1308.34, including, but not limited to, the following: |
12 | (1) Chlorionic gonadotropin |
13 | (2) Clostebol |
14 | (3) Dehydrochlormethyltestosterone |
15 | (4) Ethylestrenol |
16 | (5) Fluoxymesterone |
17 | (6) Mesterolone |
18 | (7) Metenolone |
19 | (8) Methandienone |
20 | (9) Methandrostenolone |
21 | (10) Methyltestosterone |
22 | (11) Nandrolone decanoate |
23 | (12) Nandrolone phenpropionate |
24 | (13) Norethandrolone |
25 | (14) Oxandrolone |
26 | (15) Oxymesterone |
27 | (16) Oxymetholone |
28 | (17) Stanozolol |
29 | (18) Testosterone propionate |
30 | (19) Testosterone-like related compounds |
31 | (20) Human Growth Hormone (HGH) |
32 | (e) Hallucinogenic substances. |
33 | (1) Dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in |
34 | U.S. Food and Drug Administration-approved drug product. (Some other names for dronabinol: |
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1 | (6aR-trans)-6a, 7, 8, 10a- tetrahydro-6, 6, 9- trimethyl-3-pentyl-6H- dibenzo[b,d]yra n-1-ol,or(-)- |
2 | delta-9(trans)-tetrahydrocannabinol.) |
3 | Schedule IV |
4 | (1) Barbital. |
5 | (2) Chloral betaine |
6 | (3) Chloral hydrate |
7 | (4) Ethchrovynol |
8 | (5) Ethinamate |
9 | (6) Methohexital |
10 | (7) Meprobamate |
11 | (8) Methylphenobarbital |
12 | (9) Paraldehyde |
13 | (10) Petrichloral |
14 | (11) Phenobarbital |
15 | (12) Fenfluramine |
16 | (13) Diethylpropion |
17 | (14) Phentermine |
18 | (15) Pemoline (including organometallic complexes and chelates thereof). |
19 | (16) Chlordiazepoxide |
20 | (17) Clonazepam |
21 | (18) Clorazepate |
22 | (19) Diazepam |
23 | (20) Flurazepam |
24 | (21) Mebutamate |
25 | (22) Oxazepam |
26 | (23) Unless specifically excepted or unless listed in another schedule, any material, |
27 | compound, mixture, or preparation which that contains any quantity of the following substances, |
28 | including its salts: |
29 | Dextropropoxyphene(alpha-(+)-4-dimethylamino-1,2-diphenyl-3- methyl-2- |
30 | propronoxybutane). |
31 | (24) Prazepam |
32 | (25) Lorazepam |
33 | (26) Not more than one milligram (1 mg.) of difenoxin and not less than twenty-five (25) |
34 | micrograms of atropine sulfate per dosage unit. |
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1 | (27) Pentazocine |
2 | (28) Pipradrol |
3 | (29) SPA (-)-1-dimethylamino-1, 2-diphenylethane |
4 | (30) Temazepam |
5 | (31) Halazepam |
6 | (32) Alprazolam |
7 | (33) Bromazepam |
8 | (34) Camazepam |
9 | (35) Clobazam |
10 | (36) Clotiazepam |
11 | (37) Cloxazolam |
12 | (38) Delorazepam |
13 | (39) Estazolam |
14 | (40) Ethyl Ioflazepate |
15 | (41) Fludizaepam |
16 | (42) Flunitrazepam |
17 | (43) Haloxazolam |
18 | (44) Ketazolam |
19 | (45) Loprazolam |
20 | (46) Lormetazepam |
21 | (47) Medazepam |
22 | (48) Nimetazepam |
23 | (49) Nitrazepam |
24 | (50) Nordiazepam |
25 | (51) Oxazolam |
26 | (52) Pinazepam |
27 | (53) Tetrazepam |
28 | (54) Mazindol |
29 | (55) Triazolam |
30 | (56) Midazolam |
31 | (57) Quazepam |
32 | (58) Butorphanol |
33 | (59) Sibutramine |
34 | Schedule V |
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1 | (a) Any compound, mixture, or preparation containing any of the following limited |
2 | quantities of narcotic drugs, which shall include one or more non-narcotic active medicinal |
3 | ingredients in sufficient proportion to confer upon the compound, mixture, or preparation |
4 | valuable medicinal qualities other than those possessed by the narcotic drug alone: |
5 | (1) Not more than two hundred milligrams (200 mgs.) of codeine per 100 milliliters (100 |
6 | mls.) or per one hundred grams (100 gms.). |
7 | (2) Not more than one hundred milligrams (100 mgs.) of dihydrocodeine per 100 |
8 | milliliters (100 mls.) or per one hundred grams (100 gms.). |
9 | (3) Not more than one hundred milligrams (100 mgs.) of ethylmorphine per 100 |
10 | milliliters (100 mls.) or per one hundred grams (100 gms.). |
11 | (4) Not more than two and five tenths milligrams (2.5 mgs.) of diphenixylate and not less |
12 | than twenty-five (25) micrograms of atropine sulfate per dosage unit. |
13 | (5) Not more than one hundred milligrams (100 mgs.) of opium per one hundred |
14 | milliliters (100 mls.) or per one hundred grams (100 gms.). |
15 | (b) Not more than five tenths milligrams (0.5 mgs.) of difenoxin and not less than |
16 | twenty-five (25) micrograms of atropine sulfate per dosage unit. |
17 | (c) Buprenorphine |
18 | (d) Unless specifically exempted or excluded or unless listed in another schedule, any |
19 | material, compound, mixture, or preparation which that contains any quantity of the following |
20 | substances having a stimulant effect on the central nervous system, including its salts, isomers, |
21 | and salts of isomers: |
22 | (1) Propylhexedrine (except as benzedrex inhaler) |
23 | (2) Pyrovalerone. |
24 | SECTION 2. Section 21-28-4.0.1 of the General Laws in Chapter 21-28 entitled |
25 | "Uniform Controlled Substances Act" is hereby amended to read as follows: |
26 | 21-28-4.01. Prohibited acts A -- Penalties. [Effective April 1, 2013.] -- (a) (1) Except |
27 | as authorized by this chapter, it shall be unlawful for any person to manufacture, deliver, or |
28 | possess with intent to manufacture or deliver a controlled substance. |
29 | (2) Any person who is not a drug-addicted person, as defined in section §21-28-1.02(18), |
30 | who violates this subsection with respect to a controlled substance classified in schedule I or II, |
31 | except the substance classified as marijuana, is guilty of a crime and upon conviction may be |
32 | imprisoned to a term up to life, or fined not more than five hundred thousand dollars ($500,000) |
33 | nor less than ten thousand dollars ($10,000), or both. |
34 | (3) Where the deliverance as prohibited in this subsection shall be the proximate cause of |
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1 | death to the person to whom the controlled substance is delivered, it shall not be a defense that |
2 | the person delivering the substance was at the time of delivery, a drug-addicted person as defined |
3 | in section §21-28-1.02(18). |
4 | (4) Any person, except as provided for in subdivision (2) of this subsection, who violates |
5 | this subsection with respect to: |
6 | (i) A controlled substance, classified in schedule I or II, is guilty of a crime and upon |
7 | conviction may be imprisoned for not more than thirty (30) years, or fined not more than one |
8 | hundred thousand dollars ($100,000) nor less than three thousand dollars ($3,000), or both; |
9 | (ii) A controlled substance, classified in schedule III or IV, is guilty of a crime and upon |
10 | conviction may be imprisoned for not more than twenty (20) years, or fined not more than forty |
11 | thousand dollars ($40,000), or both; provided, with respect to a controlled substance classified in |
12 | schedule III(d), upon conviction may be imprisoned for not more than five (5) years, or fined not |
13 | more than twenty thousand dollars ($20,000), or both. |
14 | (iii) A controlled substance, classified in schedule V, is guilty of a crime and upon |
15 | conviction may be imprisoned for not more than one year, or fined not more than ten thousand |
16 | dollars ($10,000), or both. |
17 | (b) (1) Except as authorized by this chapter, it is unlawful for any person to create, |
18 | deliver, or possess with intent to deliver, a counterfeit substance. |
19 | (2) Any person who violates this subsection with respect to: |
20 | (i) A counterfeit substance, classified in schedule I or II, is guilty of a crime and upon |
21 | conviction may be imprisoned for not more than thirty (30) years, or fined not more than one |
22 | hundred thousand dollars ($100,000), or both; |
23 | (ii) A counterfeit substance, classified in schedule III or IV, is guilty of a crime and upon |
24 | conviction may be imprisoned for not more than twenty (20) years, or fined not more than forty |
25 | thousand dollars ($40,000), or both; provided, with respect to a controlled substance classified in |
26 | schedule III(d), upon conviction may be imprisoned for not more than five (5) years, or fined not |
27 | more than twenty thousand dollars ($20,000) or both. |
28 | (iii) A counterfeit substance, classified in schedule V, is guilty of a crime and upon |
29 | conviction may be imprisoned for not more than one year, or fined not more than ten thousand |
30 | dollars ($10,000), or both. |
31 | (c) (1) It shall be unlawful for any person knowingly or intentionally to possess a |
32 | controlled substance, unless the substance was obtained directly from, or pursuant to, a valid |
33 | prescription or order of a practitioner while acting in the course of his or her professional |
34 | practice, or except as otherwise authorized by this chapter. |
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1 | (2) Any person who violates this subsection with respect to: |
2 | (i) A controlled substance classified in schedules I, II and III, IV, and V, except the |
3 | substance classified as marijuana, is guilty of a crime and upon conviction may be imprisoned for |
4 | not more than three (3) years or fined not less than five hundred dollars ($500) nor more than five |
5 | thousand dollars ($5,000), or both; |
6 | (ii) More than one ounce (1 oz.) of a controlled substance classified in schedule I as |
7 | marijuana is guilty of a misdemeanor except for those persons subject to subdivision §21-28- |
8 | 4.01(a)(1) and upon conviction may be imprisoned for not more than one year or fined not less |
9 | than two hundred dollars ($200) nor more than five hundred dollars ($500), or both. |
10 | (iii) Notwithstanding any public, special, or general law to the contrary, the possession |
11 | of one ounce (1 oz.) or less of marijuana by a person who is eighteen (18) years of age or older |
12 | and who is not exempted from penalties pursuant to chapter 21-28.6 of this title shall constitute a |
13 | civil offense, rendering the offender liable to a civil penalty in the amount of one hundred fifty |
14 | dollars ($150) and forfeiture of the marijuana, but not to any other form of criminal or civil |
15 | punishment or disqualification. Notwithstanding any public, special, or general law to the |
16 | contrary, this civil penalty of one hundred fifty dollars ($150) and forfeiture of the marijuana |
17 | shall apply if the offense is the first (1st) or second (2nd) violation within the previous eighteen |
18 | (18) months. |
19 | (iv) Notwithstanding any public, special, or general law to the contrary, possession of |
20 | one ounce (1 oz.) or less of marijuana by a person who is under the age of eighteen (18) years and |
21 | who is not exempted from penalties pursuant to chapter 21-28.6 of this title shall constitute a civil |
22 | offense, rendering the offender liable to a civil penalty in the amount of one hundred fifty dollars |
23 | ($150) and forfeiture of the marijuana; provided the minor offender completes an approved, drug- |
24 | awareness program and community service as determined by the court. If the person under the |
25 | age of eighteen (18) years fails to complete an approved, drug-awareness program and |
26 | community service within one year of the offense, the penalty shall be a three hundred dollar |
27 | ($300) civil fine and forfeiture of the marijuana, except that if no drug-awareness program or |
28 | community service is available, the penalty shall be a fine of one hundred fifty dollars ($150) and |
29 | forfeiture of the marijuana. The parents or legal guardian of any offender under the age of |
30 | eighteen (18) shall be notified of the offense and the availability of a drug-awareness and |
31 | community-service program. The drug-awareness program must be approved by the court, but |
32 | shall, at a minimum, provide four (4) hours of instruction or group discussion, and ten (10) hours |
33 | of community service. Notwithstanding any other public, special or general law to the contrary, |
34 | this civil penalty shall apply if the offense is the first (1st) or second (2nd) violation within the |
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1 | previous eighteen (18) months. |
2 | (v) Notwithstanding any public, special, or general law to the contrary, a person not |
3 | exempted from penalties pursuant to chapter 21-28.6 of this title found in possession of one ounce |
4 | (1 oz.) or less of marijuana is guilty of a misdemeanor and upon conviction may be imprisoned |
5 | for not more than thirty (30) days or fined not less than two hundred dollars ($200) nor more than |
6 | five hundred dollars ($500), or both, if that person has been previously adjudicated on a violation |
7 | for possession of less than one ounce (1 oz.) of marijuana under subparagraphs §§21-28- |
8 | 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 |
9 | (3rd) offense. |
10 | (vi) Any unpaid civil fine issued under subparagraphs §§21-28-4.01(c)(2)(iii) or 21-28- |
11 | 4.01(c)(2)(iv) shall double to three hundred dollars ($300) if not paid within thirty (30) days of |
12 | the offense. The civil fine shall double again to six hundred dollars ($600) if it has not been paid |
13 | within ninety (90) days. |
14 | (vii) No person may be arrested for a violation of subparagraphs §§21-28-4.01(c)(2)(iii) |
15 | or 21-28-4.01(c)(2)(iv) except as provided in this subparagraph. Any person in possession of an |
16 | identification card, license, or other form of identification issued by the state or any state, city, or |
17 | town, or any college or university, who fails to produce the same upon request of a police officer |
18 | who informs the person that he or she has been found in possession of what appears to the officer |
19 | to be one ounce (1 oz.) or less of marijuana, or any person without any such forms of |
20 | identification that fails or refuses to truthfully provide his or her name, address, and date of birth |
21 | to a police officer who has informed such person that the officer intends to provide such |
22 | individual with a citation for possession of one ounce (1 oz.) or less of marijuana, may be |
23 | arrested. |
24 | (viii) No violation of subparagraphs §§21-28-4.01(c)(2)(iii) or 21-28-4.01(c)(2)(iv) shall |
25 | be considered a violation of parole or probation. |
26 | (ix) Any records collected by any state agency or tribunal that include personally |
27 | identifiable information about violations of subparagraphs §§21-28-4.01(c)(2)(iii) or 21-28- |
28 | 4.01(c)(2)(iv) shall be sealed eighteen (18) months after the payment of said civil fine. |
29 | (3) Jurisdiction. - Any and all violations of subparagraphs §§21-28-4.01(c)(2)(iii) and |
30 | 21-28-4.01(c)(2)(iv) shall be the exclusive jurisdiction of the Rhode Island traffic tribunal. All |
31 | money associated with the civil fine issued under subparagraphs §§21-28-4.01(c)(2)(iii) or 21-28- |
32 | 4.01(c)(2)(iv) shall be payable to the Rhode Island traffic tribunal. Fifty percent (50%) of all fines |
33 | collected by the Rhode Island traffic tribunal from civil penalties issued pursuant to |
34 | subparagraphs §§21-28-4.01(c)(2)(iii) or 21-28-4.01(c)(2)(iv) shall be expended on drug |
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1 | awareness and treatment programs for youth. |
2 | (4) Additionally every person convicted or who pleads nolo contendere under paragraph |
3 | (2)(i) of this subsection or convicted or who pleads nolo contendere a second or subsequent time |
4 | under paragraph (2)(ii) of this subsection, who is not sentenced to a term of imprisonment to |
5 | serve for the offense, shall be required to: |
6 | (i) Perform, up to one hundred (100) hours of community service; |
7 | (ii) Attend and complete a drug counseling and education program as prescribed by the |
8 | director of the department of mental health, retardation and hospitals and pay the sum of four |
9 | hundred dollars ($400) to help defray the costs of this program which shall be deposited as |
10 | general revenues. Failure to attend may result, after hearing by the court, in jail sentence up to |
11 | one year; |
12 | (iii) The court shall not suspend any part or all of the imposition of the fee required by |
13 | this subsection, unless the court finds an inability to pay; |
14 | (iv) If the offense involves the use of any automobile to transport the substance or the |
15 | substance is found within an automobile, then a person convicted or who pleads nolo contendere |
16 | under paragraphs (2)(i) and (ii) of this subsection shall be subject to a loss of license for a period |
17 | of six (6) months for a first offense and one year for each offense after this. |
18 | (5) All fees assessed and collected pursuant to paragraph (3)(ii) of this subsection shall |
19 | be deposited as general revenues and shall be collected from the person convicted or who pleads |
20 | nolo contendere before any other fines authorized by this chapter. |
21 | (d) It shall be unlawful for any person to manufacture, distribute, or possess with intent |
22 | to manufacture or distribute, an imitation controlled substance. Any person who violates this |
23 | subsection is guilty of a crime, and upon conviction shall be subject to the same term of |
24 | imprisonment and/or fine as provided by this chapter for the manufacture or distribution of the |
25 | controlled substance which that the particular imitation controlled substance forming the basis of |
26 | the prosecution was designed to resemble and/or represented to be; but in no case shall the |
27 | imprisonment be for more than five (5) years nor the fine for more than twenty thousand dollars |
28 | ($20,000). |
29 | (e) It shall be unlawful for a practitioner to prescribe, order, distribute, supply, or sell an |
30 | anabolic steroid or human growth hormone for: (1) enhancing performance in an exercise, sport, |
31 | or game, or (2) hormonal manipulation intended to increase muscle mass, strength, or weight |
32 | without a medical necessity. Any person who violates this subsection is guilty of a misdemeanor |
33 | and upon conviction may be imprisoned for not more than six (6) months or a fine of not more |
34 | than one thousand dollars ($1,000), or both. |
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1 | (f) It is unlawful for any person to knowingly or intentionally possess, manufacture, |
2 | distribute, or possess with intent to manufacture or distribute any extract, compound, salt |
3 | derivative, or mixture of salvia divinorum or datura stramonium or its extracts unless the person |
4 | is exempt pursuant to the provisions of §21-28-3.30. Notwithstanding any laws to the contrary, |
5 | any person who violates this section is guilty of a misdemeanor, and, upon conviction, may be |
6 | imprisoned for not more than one year, or fined not more than one thousand dollars ($1,000), or |
7 | both. The provisions of this section shall not apply to licensed physicians, pharmacists, and |
8 | accredited hospitals and teaching facilities engaged in the research or study of salvia divinorum or |
9 | datura stramonium and shall not apply to any person participating in clinical trials involving the |
10 | use of salvia divinorum or datura stramonium. |
11 | SECTION 3. This act shall take effect upon passage. |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO FOOD AND DRUGS - UNIFORM CONTROLLED SUBSTANCE ACT | |
*** | |
1 | This act would add the hallucinogenic drugs Salvia Divinorum (Salvinorin A or |
2 | Divinorin A), Datura stramonmium (jimson weed or jimsom weed) and synthetic cannabinoids |
3 | (synthetic marijuana) to the Rhode Island Controlled Substances Act Schedule 1, the misuse of |
4 | which may result in the requisite criminal penalties for abuse. |
5 | This act would take effect upon passage. |
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