2008 -- S 2232

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LC00860

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2008

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A N A C T

RELATING TO FOOD AND DRUGS -- UNIFORM CONTROLLED SUBSTANCES ACT

     Introduced By: Senators Metts, Issa, Pichardo, Jabour, and C Levesque

     Date Introduced: February 06, 2008

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 21-28-4.01.1 and 21-28-4.01.2 of the General Laws in Chapter 21-

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28 entitled "Uniform Controlled Substances Act" are hereby amended to read as follows:

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     21-28-4.01.1. Minimum sentence -- Certain quantities of controlled substances. -- (a)

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Except as authorized by this chapter, it shall be unlawful for any person to manufacture, sell, or

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possess with intent to manufacture, or sell, a controlled substance classified in schedules I or II

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(excluding marijuana) or to possess or deliver the following enumerated quantities of certain

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controlled substances:

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      (1) One ounce (1 oz.) to one kilogram (1 kg.) of a mixture or substance containing a

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detectable amount of heroin;

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      (2) One ounce (1 oz.) to one kilogram (1 kg.) of a mixture or substance containing a

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detectable amount of:

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      (i) Coca leaves, except coca leaves and extracts of coca leaves from which cocaine,

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ecgonine, and derivatives of ecgonine or their salts have been removed;

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      (ii) Cocaine, its salts, optical and geometric isomers, and salts of isomers;

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      (iii) Ecgonine, its derivatives, their salts, isomers, and salts of isomers; or

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      (iv) Any compound, mixture, or preparation which contains any quantity of any of the

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substances referred to in paragraphs (i) -- (iii) of this subdivision;

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      (3) One gram (1 g.) to ten grams (10 gs.) of phencyclidine (PCP) or one hundred (100) to

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one thousand (1,000) tablets of a mixture or substance containing a detectable amount of

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phencyclidine (PCP);

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      (4) One-tenth of a gram (0.1 g.) to one gram (1 g.) of lysergic acid diethylamide (LSD)

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or one hundred (100) to one thousand (1,000) tablets of a mixture or substance containing a

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detectable amount of lysergic acid diethylamide (LSD); or

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      (5) One kilogram (1 kg.) to five (5 kgs.) kilograms of a mixture containing a detectable

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amount of marijuana.

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      (b) Any person who violates this section shall be guilty of a crime, and upon conviction,

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shall be imprisoned not less than ten (10) years and may be imprisoned for a term up to fifty (50)

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twenty (20) years and fined not more than five hundred thousand dollars ($500,000). nor less than

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ten thousand dollars ($10,000). In all these cases, the justice imposing sentence shall impose a

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minimum sentence of ten (10) years imprisonment and may only impose a sentence less than that

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minimum if he or she finds that substantial and compelling circumstances exist which justify

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imposition of the alternative sentence. The finding may be based upon the character and

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background of the defendant, the cooperation of the defendant with law enforcement authorities,

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the nature and circumstances of the offense, and/or the nature and quality of the evidence

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presented at trial. If a sentence which is less than imprisonment for a term of ten (10) years is

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imposed, the trial justice shall set forth on the record the circumstances that he or she found as

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justification for imposition of the lesser sentence.

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     21-28-4.01.2. Minimum sentence -- Certain quantities of controlled substances. -- (a)

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Except as authorized by the chapter, it shall be unlawful for any person to possess, manufacture,

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sell, or deliver the following enumerated quantities of certain controlled substances:

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      (1) More than one kilogram (1 kg.) of a mixture or substance containing a detectable

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amount of heroin;

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      (2) More than one kilogram (1 kg.) of a mixture or substance containing a detectable

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amount of

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      (i) Coca leaves, except coca leaves and extracts of coca leaves from which cocaine,

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ecgonine, and derivatives of ecgonine or their salts have been removed;

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      (ii) Cocaine, its salts, optical and geometric isomers, and salts of isomers;

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      (iii) Ecgonine, its derivatives, their salts, isomers, and salts of isomers; or

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      (iv) Any compound, mixture, or preparation which contains any quantity of any of the

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substances referred to in paragraphs (i) -- (iii) of this subdivision;

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      (3) More than ten grams (10 gs.) of phencyclidine (PCP) or more than one thousand

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(1,000) tablets of a mixture or substance containing a detectable amount of phencyclidine (PCP);

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      (4) More than one gram (1 g.) of lysergic acid diethylamide (LSD); or more than one

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thousand (1,000) tablets of a mixture or substance containing a detectable amount of lysergic acid

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diethylamide (LSD); or

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      (5) More than five kilograms (5 kgs.) of a mixture containing a detectable amount of

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marijuana.

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      (b) Any person who violates this section shall be guilty of a crime, and upon conviction,

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shall be imprisoned not less than twenty (20) years to serve and may be imprisoned for a term up

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to life thirty (30) years and fined not more than one million dollars ($1,000,000). nor less than

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twenty-five thousand dollars ($25,000). In all these cases, the justice imposing sentence shall

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impose a minimum sentence of twenty (20) years imprisonment and may only impose a sentence

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less than that minimum if he or she finds that substantial and compelling circumstances exist

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which justify imposition of the alternative sentence. The finding may be based upon the character

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and background of the defendant, the cooperation of the defendant with law enforcement

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authorities, the nature and circumstances of the offense, and/or the nature and quality of the

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evidence presented at trial. If a sentence which is less than imprisonment for a term of twenty

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(20) years is imposed, the trial justice shall set forth on the record the circumstances which he or

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she found as justification for imposition of the lesser sentence. Within twenty (20) days of the

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imposition of a sentence which is less than imprisonment for a term of twenty (20) years, the

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attorney general may appeal the sentence to the supreme court in accordance with procedures to

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be established by the supreme court.

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     SECTION 2. This act shall take effect upon passage.

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LC00860

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO FOOD AND DRUGS -- UNIFORM CONTROLLED SUBSTANCES ACT

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     This act would reduce the minimum sentences for crimes involving controlled

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substances.

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     This act would take effect upon passage.

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LC00860

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