2009 -- S 0320

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LC00693

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2009

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A N A C T

RELATING TO FOOD AND DRUGS

     Introduced By: Senator Leo R. Blais

     Date Introduced: February 12, 2009

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Title 21 of the General Laws entitled "FOOD AND DRUGS" is hereby

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amended by adding thereto the following chapter:

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     CHAPTER 28.7

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THE SENSIBLE STATE MARIJUANA POLICY ACT

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     21-28.7-1. Short title. – This chapter shall be known and may be cited as "The Sensible

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State Marijuana Policy Act."

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     21-28.7-2. Definition. – As used herein, "possession of one ounce or less of marijuana"

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includes possession of one ounce or less of marijuana or tetrahydrocannabinol and having

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cannabinoids or cannabinoid metabolites in the urine, blood, saliva, sweat, hair, fingernails, toe

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nails or other tissue or fluid of the human body.

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     21-28.7-3. Possession of one ounce or less. – Notwithstanding any general or special law

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to the contrary, possession of one ounce or less of marijuana shall only be a civil offense,

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subjecting an offender who is eighteen (18) years of age or older to a civil penalty of one hundred

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dollars ($100) and forfeiture of the marijuana, but not to any other form of criminal or civil

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punishment or disqualification. An offender under the age of eighteen (18) shall be subject to the

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same forfeiture and civil penalty provisions, provided he or she completes a drug awareness

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program which meets the criteria set forth in section 21-28.7-4. The parents or legal guardian of

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any offender under the age of eighteen (18) shall be notified of the offense and the availability of

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a drug awareness program and community service option. If an offender under the age of

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eighteen (18) fails, within one year of the offense, to complete both a drug awareness program

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and the required community service, as evidenced by a certificate filed with the court or juvenile

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hearing board having jurisdiction of the offense, such court or board may cite the offender, parent

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or guardian and the enforcing person who issued the original notice to the offender of a hearing to

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show cause why the civil penalty should not be increased to one thousand dollars ($1,000).

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Factors to be considered in weighing cause shall be limited to financial capacity to pay any

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increase, the offender's ability to participate in a compliant drug awareness program and the

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availability of a suitable drug awareness program. Any civil penalties imposed under the

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provisions of this chapter shall inure to the city or town where the offense occurred.

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     21-28.7-4. Drug awareness program for juvenile offenders. – An offender under the

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age of eighteen (18) shall be required to complete a drug awareness program within one year of

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the offense for possession of one ounce or less of marijuana. In addition to the civil penalties

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authorized by this chapter, the failure of such an offender to complete such a program may be a

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basis for delinquency proceedings for persons under the age of eighteen (18) at the time of

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offense. The drug awareness program must be approved by the court or juvenile hearing board

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having jurisdiction of the offense, but shall at a minimum provide at least four (4) hours of

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classroom instruction or group discussion and ten (10) hours of community service.

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     21-28.7-5. Savings clause. – Nothing contained herein shall be construed to repeal or

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modify existing laws, ordinances or bylaws, regulations, personnel practices or policies

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concerning the operation of motor vehicles or other action taken while under the influence of

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marijuana or tetrahydrocannabinol, laws concerning the unlawful possession of prescription

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forms of marijuana or tetrahydrocannabinol, possession of more than one ounce of marijuana or

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tetrahydrocannabinol, or selling, manufacturing or trafficking in marijuana or

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tetrahydrocannabinol. Nothing contained herein shall prohibit a political subdivision of the state

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from enacting ordinances or bylaws regulating or prohibiting the consumption of marijuana or

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tetrahydrocannabinol in public places and providing for additional penalties for the public use of

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marijuana or tetrahydrocannabinol.

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     21-28.7-6. Immunities. – Except as specifically provided herein, neither the state nor any

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of its political subdivisions or their respective agencies, authorities or instrumentalities may

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impose any form of penalty, sanction or disqualification on an offender for possessing an ounce

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or less of marijuana. By way of illustration rather than limitation, possession of one ounce or less

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of marijuana shall not provide a basis to deny an offender student financial aid, public housing or

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any form of public financial assistance including unemployment benefits, to deny the right to

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operate a motor vehicle or to disqualify an offender from serving as a custodial parent, foster

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parent or adoptive parent. Information concerning the offense of possession of one ounce or less

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of marijuana shall not be deemed relevant to, or admissible in connection with, any proceeding,

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civil or criminal, other than those prescribed by this chapter, and shall not be recorded in the

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bureau of criminal information or any other criminal information system or database.

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     SECTION 2. This act shall take effect upon passage.

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LC00693

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO FOOD AND DRUGS

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     This act would decriminalize the possession of one ounce or less of marijuana, and

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provide for civil penalties, and for offenders under 18, community service programs and

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mandatory counseling.

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     This act would take effect upon passage.

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LC00693

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