reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28 - Uniform Controlled Substances Act › Article IV - Offenses and Penalties › Section 21-28-4.07. - Distribution to persons under age 18.

§ 21-28-4.07. Distribution to persons under age 18.
(a)
Any person eighteen (18) years of age or over who violates § 21-28-4.01(a) by distributing a controlled substance, excluding marijuana, listed in schedules I and II to a person under eighteen (18) years of age who is at least three (3) years his or her junior shall be imprisoned to a term of not less than fifteen (15) years and may be imprisoned for life, or fined not more than five hundred thousand dollars ($500,000), or both. In all such cases, the justice imposing sentence shall impose a minimum sentence of fifteen (15) years’ imprisonment and may only impose a sentence less than that minimum if he or she finds that substantial and compelling circumstances exist which justify imposition of the alternative sentence. The finding may be based upon the character and background of the defendant, the cooperation of the defendant with law enforcement authorities, the nature and circumstances of the offense, and/or the nature and quality of the evidence presented at trial. If a sentence which is less than imprisonment for a term of fifteen (15) years is imposed, the trial justice shall set forth on the record the circumstances, which he or she found as justification for imposition of the lesser sentence.
(b)
Any person eighteen (18) years of age or over who violates § 21-28-4.01(a) by distributing a controlled substance listed in schedules III and IV to a person under eighteen (18) years of age who is at least three (3) years his or her junior shall be imprisoned to a term of not less than five (5) years nor more than twenty (20) years, or fined not more than forty thousand dollars ($40,000), or both.
(c)
Any person eighteen (18) years of age or over who violates § 21-28-4.01(a) by distributing any controlled substance listed in schedule V or marijuana to a person under eighteen (18) years of age who is at least three (3) years his or her junior shall be imprisoned to a term of not less than two (2) years nor more than five (5) years, or fined not more than ten thousand dollars ($10,000), or both.
(d)
Any person eighteen (18) years of age or over who violates § 21-28-4.01(d) by distributing an imitation controlled substance to a person under eighteen (18) years of age who is at least three (3) years his or her junior shall be punished by imposition of a fine authorized by § 21-28-4.01(d), and by a term of imprisonment up to twice that authorized by § 21-28-4.01(d), or both.
History of Section.
P.L. 1974, ch. 183, § 2; P.L. 1982, ch. 151, § 1; P.L. 1988, ch. 645, § 1; P.L. 1990, ch. 275, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28 - Uniform Controlled Substances Act › Article IV - Offenses and Penalties › Section 21-28-4.07.1. - Distribution or manufacturing in or near schools.

§ 21-28-4.07.1. Distribution or manufacturing in or near schools.
Any person who violates § 21-28-4.01(A), 21-28-4.01.1, or 21-28-4.07 by distributing or manufacturing a controlled substance listed in schedules I or II in the building or on the grounds, or within three hundred (300) yards of the grounds of a public or private elementary, vocational, or secondary school, or public park or playground shall be punished by a term of imprisonment or fine, or both, up to twice that authorized by § 21-28-4.01(A) or 21-28-4.07, but not exceeding life imprisonment.
History of Section.
P.L. 1988, ch. 253, § 1; P.L. 1993, ch. 56, § 1; P.L. 1996, ch. 282, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28 - Uniform Controlled Substances Act › Article IV - Offenses and Penalties › Section 21-28-4.07.2. - Distribution to individuals without knowledge — Crime of violence.

§ 21-28-4.07.2. Distribution to individuals without knowledge — Crime of violence.
(a) Definitions:
For the purposes of this section the following words shall have the following definitions:
(1)
“Crime of violence” means:
(i)
An offense that has an element, the use, attempted use, or threatened use of physical force against the person or property of another; or
(ii)
Any other offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.
(2)
“Without that individual’s knowledge” means: that the individual is unaware that a substance with the ability to alter that individual’s ability to appraise conduct, or to decline participation in, or communicate unwillingness to participate in conduct, is administered to the individual.
(b)
Whoever, with the intent to commit a crime of violence against an individual, as defined in this section and in chapter 11-37, violates this section by distributing a controlled substance, as defined in § 21-28-1.02, or a controlled substance analogue to an individual without that individual’s knowledge, shall be punished by a term of imprisonment not to exceed ten (10) years.
History of Section.
P.L. 2010, ch. 308, § 1; P.L. 2010, ch. 313, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28 - Uniform Controlled Substances Act › Article IV - Offenses and Penalties › Section 21-28-4.08. - Conspiracy.

§ 21-28-4.08. Conspiracy.
Any person who conspires to violate any provision of this chapter is guilty of a crime and is subject to the same punishment prescribed in this chapter for the commission of the substantive offense of which there is a conspiracy to violate.
History of Section.
P.L. 1974, ch. 183, § 2.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28 - Uniform Controlled Substances Act › Article IV - Offenses and Penalties › Section 21-28-4.09. - General penalty clause.

§ 21-28-4.09. General penalty clause.
Any person who violates any provision of this chapter, the penalty for which is not specified in this chapter, and of the rules and regulations of the director of health made under authority of this chapter, shall be sentenced to a term of imprisonment of not more than one year, a fine of five hundred dollars ($500), or both.
History of Section.
P.L. 1974, ch. 183, § 2.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28 - Uniform Controlled Substances Act › Article IV - Offenses and Penalties › Section 21-28-4.10. - Penalties under other laws.

§ 21-28-4.10. Penalties under other laws.
Any penalty imposed for violation of this chapter is in addition to, and not in lieu of, any civil or administrative penalty or sanction authorized by law.
History of Section.
P.L. 1974, ch. 183, § 2.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28 - Uniform Controlled Substances Act › Article IV - Offenses and Penalties › Section 21-28-4.11. - Second offenses.

§ 21-28-4.11. Second offenses.
(a)
Any person convicted of a second offense under this chapter, except for violations of § 21-28-4.01(c)(2)(i), § 21-28-4.01(c)(2)(iii), § 21-28-4.01(c)(2)(iv), § 21-28-4.01(c)(2)(v), or § 21-28-4.01(c)(2)(vi), may be imprisoned for a term up to twice the term authorized, fined an amount up to twice that authorized, or both.
(b)
For purposes of this section, an offense is considered a second offense if, prior to his or her conviction of the offense, the offender has at any time been convicted under this chapter, except for violations of § 21-28-4.01(c)(2)(i), § 21-28-4.01(c)(2)(iii), § 21-28-4.01(c)(2)(iv), § 21-28-4.01(c)(2)(v), or § 21-28-4.01(c)(2)(vi), or under any statute of the United States or of any state relating to narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic drugs.
History of Section.
P.L. 1974, ch. 183, § 2; P.L. 1985, ch. 154, § 1; P.L. 2012, ch. 221, § 1; P.L. 2012, ch. 233, § 1; P.L. 2021, ch. 286, § 2, effective July 9, 2021; P.L. 2021, ch. 287, § 2, effective July 9, 2021.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28 - Uniform Controlled Substances Act › Article IV - Offenses and Penalties › Section 21-28-4.12. - Bar to prosecution.

§ 21-28-4.12. Bar to prosecution.
If a violation of this chapter is a violation of a federal law or the law of another state, a conviction or acquittal under federal law or the law of another state for the same act is a bar to prosecution in this state.
History of Section.
P.L. 1974, ch. 183, § 2.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28 - Uniform Controlled Substances Act › Article IV - Offenses and Penalties › Section 21-28-4.13. - Impersonation of health officials — Penalties.

§ 21-28-4.13. Impersonation of health officials — Penalties.
Every person who shall falsely assume or pretend to be the director of health or an officer, agent, inspector, or representative designated by the director as having enforcement powers shall be imprisoned not exceeding one year and/or be fined not exceeding five hundred dollars ($500).
History of Section.
P.L. 1979, ch. 210, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28 - Uniform Controlled Substances Act › Article IV - Offenses and Penalties › Section 21-28-4.14. - Third or subsequent offenses.

§ 21-28-4.14. Third or subsequent offenses.
(a)
Any person convicted of a third or subsequent offense under this chapter, except for violations of § 21-28-4.01(c)(2)(iv), § 21-28-4.01(c)(2)(v), or § 21-28-4.01(c)(2)(vi), may be imprisoned for a term up to three (3) times the term authorized, and fined an amount up to three (3) times that authorized by § 21-28-4.11, or both.
(b)
For purposes of this section, an offense is considered a third or subsequent offense if, prior to his or her conviction of the offense, the offender has at any time been convicted twice under this chapter, except for violations of § 21-28-4.01(c)(2)(iii), § 21-28-4.01(c)(2)(iv), § 21-28-4.01(c)(2)(v), or § 21-28-4.01(c)(2)(vi), or twice under any statute of the United States or of any other state, or any combination of them, relating to narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic drugs.
History of Section.
P.L. 1985, ch. 154, § 2; P.L. 2012, ch. 221, § 1; P.L. 2012, ch. 233, § 1; P.L. 2021, ch. 286, § 2, effective July 9, 2021; P.L. 2021, ch. 287, § 2, effective July 9, 2021.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28 - Uniform Controlled Substances Act › Article IV - Offenses and Penalties › Section 21-28-4.15. - Employment of person under age eighteen (18).

§ 21-28-4.15. Employment of person under age eighteen (18).
(a)
It shall be unlawful for any person eighteen (18) years of age or older to hire, employ or use any person under eighteen (18) years of age who is at least three (3) years his or her junior to manufacture, transport, carry, sell, prepare for sale or offer for sale a controlled substance; provided, that the provisions of this subsection shall not apply to individuals enrolled in a pharmacy training program approved by the director.
(b)
Any person who violates this section with respect to:
(1)
A controlled substance classified in schedules I and II, except the substance classified as marijuana, is guilty of a crime and upon conviction shall be imprisoned for not less than fifteen (15) years and may be imprisoned for a term up to life and fined not more than five hundred thousand dollars ($500,000). In all these cases, the justice imposing sentence shall impose a minimum sentence of fifteen (15) years imprisonment and may only impose a sentence less than that minimum if he or she finds that substantial and compelling circumstances exist which justify imposition of the alternative sentence. The finding may be based upon the character and background of the defendant, the cooperation of the defendant with law enforcement authorities, the nature and circumstances of the offense, and/or the nature and quality of the evidence presented at trial. If a sentence which is less than imprisonment for a term of fifteen (15) years is imposed, the trial justice shall set forth on the record the circumstances which he or she found as justification for imposition of the lesser sentence;
(2)
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;
(3)
A controlled substance classified in schedule V or marijuana, 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.
History of Section.
P.L. 1986, ch. 474, § 2; P.L. 1988, ch. 644, § 1; P.L. 2001, ch. 170, § 1; P.L. 2001, ch. 368, § 1; P.L. 2001, ch. 413, § 1; P.L. 2002, ch. 292, § 54.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28 - Uniform Controlled Substances Act › Article IV - Offenses and Penalties › Section 21-28-4.16. - Crimes against pharmacies.

§ 21-28-4.16. Crimes against pharmacies.
Any person who: (1) breaks and enters a pharmacy or commits larceny or robbery from a pharmacist of a controlled substance, (2) aids and abets or enters any pharmacy with the intent to steal any controlled substance, or (3) takes, without permission, the controlled substance of another, shall be punished by a fine of not more than five thousand dollars ($5,000), or by imprisonment for not more than fifteen (15) years, or both.
History of Section.
P.L. 1986, ch. 474, § 2.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28 - Uniform Controlled Substances Act › Article IV - Offenses and Penalties › Section 21-28-4.16.1. - Larceny of a controlled substance.

§ 21-28-4.16.1. Larceny of a controlled substance.
Any person who steals or attempts to steal any controlled substance from a health care facility, as defined in § 23-17-2, a licensed pharmacy, or any other lawful place of business, where controlled substances are compounded, dispensed, administered, stored, or manufactured, including common carriers, contract carriers, or any usual or lawful carrier, shall be punished by a fine of not more than ten thousand dollars ($10,000), or by imprisonment of not more than ten (10) years, or both.
History of Section.
P.L. 1992, ch. 390, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28 - Uniform Controlled Substances Act › Article IV - Offenses and Penalties › Section 21-28-4.16.2. - Tampering with a controlled substance.

§ 21-28-4.16.2. Tampering with a controlled substance.
Any person who alters, tampers, substitutes, adulterates in any manner or form, the compound, mixture, or preparation of any controlled substance in a health care facility, as defined in § 23-17-2, shall be punished by a fine of not more than fifteen thousand dollars ($15,000), or by imprisonment of not more than ten (10) years, or both.
History of Section.
P.L. 1992, ch. 390, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28 - Uniform Controlled Substances Act › Article IV - Offenses and Penalties › Section 21-28-4.17. - Additional assessment.

§ 21-28-4.17. Additional assessment.
Should any person be convicted of or accept any plea bargain relating to an offense involving the sale of a controlled substance, that person shall, in addition to any fine imposed, be assessed an amount up to one thousand dollars ($1,000) by the court. The assessment shall be transferred to the general treasury and deposited in the special account designated as the forfeited property account. The funds may be used by law enforcement officials in accordance with the requirements set forth in § 21-28-5.04.
History of Section.
P.L. 1986, ch. 474, § 2.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28 - Uniform Controlled Substances Act › Article IV - Offenses and Penalties › Section 21-28-4.17.1. - Assessment for drug education, counseling and treatment.

§ 21-28-4.17.1. Assessment for drug education, counseling and treatment.
Any person convicted of any offense under this article, other than the possession offenses described in § 21-28-4.01(c), shall, in addition to any other sentence and/or fine imposed, be assessed four hundred dollars ($400) by the court and the assessment shall be collected from the person convicted before any other fines authorized by this chapter. The court shall not suspend any part or all of the imposition of the assessment required by this subsection, unless the court finds an inability to pay. The assessment shall be deposited in the drug education, assessment and treatment account to be used by the department of behavioral healthcare, developmental disabilities and hospitals and the department of health for the purpose of administration, drug education, and treatment.
History of Section.
P.L. 1989, ch. 198, § 2; P.L. 1992, ch. 418, § 4; P.L. 2002, ch. 292, § 54.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28 - Uniform Controlled Substances Act › Article IV - Offenses and Penalties › Section 21-28-4.18. - Prohibited acts by law enforcement officials — Penalties.

§ 21-28-4.18. Prohibited acts by law enforcement officials — Penalties.
(a)
It shall be unlawful for any state or municipal law enforcement official, including department of correction officers, state marshals, capital police, or other peace officers who are empowered to enforce the provisions of this chapter, or any employee of a law enforcement agency to:
(1)
Offer for sale or sell any information pertaining to an ongoing investigation conducted by any law enforcement agency of a violation of any of the provisions of this chapter; or
(2)
Use for any unauthorized purpose or sell or destroy or remove from unlawful custody any of the evidence confiscated as a result of an arrest or seizure arising from the enforcement of the provisions of this chapter.
(b)
Any person who violates this section shall be guilty of a crime and upon conviction shall be imprisoned not less than ten (10) years, and may be imprisoned for a term of twenty (20) years. In all these cases, the justice imposing sentence shall impose a minimum sentence of ten (10) years imprisonment and may only impose a sentence less than that minimum if he or she finds that substantial and compelling circumstances exist which justify imposition of the alternative sentence. The finding may be based upon the character and background of the defendant, the cooperation of the defendant with law enforcement authorities, the nature and circumstances of the offense, and/or the nature and quality of the evidence presented at trial. If a sentence which is less than imprisonment for a term of ten (10) years is imposed, the trial justice shall set forth on the record the circumstances, which he or she found as justification for imposition of the lesser sentence.
History of Section.
P.L. 1988, ch. 386, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28 - Uniform Controlled Substances Act › Article IV - Offenses and Penalties › Section 21-28-4.19. - Reduction of sentence.

§ 21-28-4.19. Reduction of sentence.
(a)
Any sentence of a person convicted for any violation of this chapter may, at any time subsequent to the imposition of the sentence, be reduced by the court upon receipt of a motion for reduction of sentence submitted by the attorney general based upon the person’s demonstrated cooperation with law enforcement authorities in the investigation and prosecution of violations of this chapter.
(b)
Nothing contained in this section shall in any way limit the court’s authority pursuant to Rule 35 of the Superior Court Rules of Criminal Procedure.
History of Section.
P.L. 1988, ch. 394, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28 - Uniform Controlled Substances Act › Article IV - Offenses and Penalties › Section 21-28-4.20. - Human Immunodeficiency Virus (HIV) — Testing.

§ 21-28-4.20. Human Immunodeficiency Virus (HIV) — Testing.
(a)
Any person convicted of possession of any controlled substance that has been administered with a hypodermic instrument, retractable hypodermic syringe, needle, or any similar instrument adapted for the administration of drugs shall be required to be tested for human immunodeficiency virus (HIV) as provided for in chapter 23-6.3.
(b)
[Deleted by P.L. 2009, ch. 196, § 4, and by P.L. 2009, ch. 289, § 4].
(c)
[Deleted by P.L. 2009, ch. 196, § 4, and by P.L. 2009, ch. 289, § 4].
(d)
[Deleted by P.L. 2009, ch. 196, § 4, and by P.L. 2009, ch. 289, § 4].
History of Section.
P.L. 1988, ch. 405, § 9; P.L. 1990, ch. 169, § 5; P.L. 1998, ch. 391, § 3; P.L. 2006, ch. 599, § 2; P.L. 2009, ch. 196, § 4; P.L. 2009, ch. 289, § 4.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28 - Uniform Controlled Substances Act › Article IV - Offenses and Penalties › Section 21-28-4.21. - Drug testing required.

§ 21-28-4.21. Drug testing required.
Every person who shall be placed on probation for a violation of any section in this chapter prohibiting the unlawful sale, distribution, manufacture, delivery or possession with intent to manufacture, sell, distribute or deliver any controlled substance as classified in schedule I or II or possession of a controlled substance as classified in schedule I or II shall, as a condition of the probation, be required to at his or her own expense submit to drug testing in accordance with the standards and procedures of the department of health not less than once per month.
History of Section.
P.L. 1990, ch. 457, § 2.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28 - Uniform Controlled Substances Act › Article IV - Offenses and Penalties › Section 21-28-4.22. - Preparation of summons and related records — Consent and form.

§ 21-28-4.22. Preparation of summons and related records — Consent and form.
The laws related to summonses, subpoenas and related records for violations of subparagraphs 21-28-4.01(c)(2)(iii) and 21-28-4.01(c)(2)(iv), shall be served and heard in the same manner and in a similar form as ordinary civil actions in the traffic tribunal, as provided for in §§ 31-27-12, 31-27-12.1, 31-41.1-1, and as may be prescribed by rules and regulations promulgated by the chief magistrate of the traffic tribunal pursuant to § 8-6-2.
History of Section.
P.L. 2012, ch. 221, § 2; P.L. 2012, ch. 233, § 2.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28 - Uniform Controlled Substances Act › Article V - Powers of Enforcement Personnel › Section 21-28-5.01. - Powers of enforcement personnel.

§ 21-28-5.01. Powers of enforcement personnel.
It is made the duty of all peace officers within the state, and of all prosecuting officers, to enforce all provisions of this chapter except those specifically delegated in the chapter, and to cooperate with all agencies charged with the enforcement of the laws of the United States, of this state, and of all other states relating to controlled substances.
History of Section.
P.L. 1974, ch. 183, § 2; P.L. 1997, ch. 30, art. 28, § 5.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28 - Uniform Controlled Substances Act › Article V - Powers of Enforcement Personnel › Section 21-28-5.02. - Administrative inspections.

§ 21-28-5.02. Administrative inspections.
The director of health may make administrative inspections of controlled premises in accordance with the following provisions:
(1)
For purposes of this section only, “controlled premises” means:
(i)
Places where persons registered or exempted from registration requirements under this chapter are required to keep records; and
(ii)
Places including factories, warehouses, establishments, and conveyances in which persons registered or exempted from registration requirements under this chapter are permitted to hold, manufacture, compound, process, sell, deliver, or dispose of any controlled substance.
(2)
An officer or employee designated by the director of health, upon presenting the appropriate credentials to the owner, operator, or agent in charge, may enter controlled premises for the purpose of conducting an administrative inspection.
(3)
An officer or employee designated by the director of health may:
(i)
Inspect and copy records required by this chapter to be kept;
(ii)
Inspect, within reasonable limits and in a reasonable manner, controlled premises and all pertinent equipment, finished and unfinished material, containers and labeling found in the premises, and, except as provided in subdivision (4) of this section, all other things in the premises, including records, files, papers, processes, controls, and facilities bearing on the enforcement of this chapter; and
(iii)
Inventory any stock of any controlled substance in the premises and obtain samples of the controlled substance;
(4)
An inspection authorized by this section shall not extend to financial data, sales data, other than shipment data, or pricing data unless the owner, operator, or agent in charge of the controlled premises consents in writing.
History of Section.
P.L. 1974, ch. 183, § 2.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28 - Uniform Controlled Substances Act › Article V - Powers of Enforcement Personnel › Section 21-28-5.05. - Forfeiture of controlled substances, related materials and other property, equipment and records.

§ 21-28-5.05. Forfeiture of controlled substances, related materials and other property, equipment and records.
(a)
The following shall be subject to forfeiture to the state and no property right shall exist in them:
(1)
All controlled substances manufactured, distributed, dispensed, or acquired in violation of this chapter.
(2)
All raw materials, products, and equipment of any kind used, or intended for use, in manufacturing, compounding, processing, delivering, importing, or exporting any controlled substance in violation of this chapter.
(3)
All property used, or intended for use, as a container for property described in subdivision (1) or (2) of this subsection, subject to the limitations of § 21-28-5.04.
(4)
All books, records and research, including formulas, microfilm, tapes, and data used, or intended for use, in violation of this chapter.
(5)
All imitation controlled substances manufactured, distributed, or acquired in violation of this chapter.
(b)
Property taken or detained under this section shall not be repleviable, but shall be deemed to be in the custody of the law enforcement agency making the seizure. Whenever property is forfeited under this chapter the law enforcement agency may:
(1)
Retain the property for official use;
(2)
Sell any forfeited property which is not required by this chapter to be destroyed and which is not harmful to the public, but the proceeds of the sale, after first deducting an amount sufficient for all proper expenses of the proceedings for forfeiture and sale, including expenses of seizure, maintenance of custody, advertising, and court costs, shall be paid to the general treasurer for the use of the state.
History of Section.
P.L. 1974, ch. 183, § 2; P.L. 1982, ch. 151, § 1; P.L. 2002, ch. 292, § 54.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28 - Uniform Controlled Substances Act › Article V - Powers of Enforcement Personnel › Section 21-28-5.06. - Seizure of contraband.

§ 21-28-5.06. Seizure of contraband.
All controlled substances, which may be handled, sold, possessed, or distributed in violation of any of the provisions of this chapter shall be and are declared to be contraband; and shall be subject to seizure and confiscation by any state or local officer whose duty it is to enforce the laws of this state relating to controlled substances.
History of Section.
P.L. 1974, ch. 183, § 2.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28 - Uniform Controlled Substances Act › Article V - Powers of Enforcement Personnel › Section 21-28-5.07.2. - Issuance of orders.

§ 21-28-5.07.2. Issuance of orders.
Upon an application as provided in § 21-28-5.07.1 the presiding justice of the superior court, or the senior associate justice of the superior court when the presiding justice shall disqualify himself or herself from entering the order, may enter an ex parte order, authorizing the use of controlled substances seized as contraband if the justice determines on the basis of the evidence submitted that:
(1)
There is probable cause to believe that a particular, identified individual is committing, has committed or is about to commit a particular designated offense;
(2)
It has been demonstrated that the use of the controlled substances will assist law enforcement officials in the investigation of felony violations of this chapter or felony violations of other criminal laws of this state and that normal investigative procedures have been tried and have failed or reasonably appear to be unlikely to succeed if tried or to be too dangerous.
History of Section.
P.L. 1991, ch. 295, § 1; P.L. 2002, ch. 292, § 54.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28 - Uniform Controlled Substances Act › Article V - Powers of Enforcement Personnel › Section 21-28-5.07.3. - Disclosure.

§ 21-28-5.07.3. Disclosure.
Notwithstanding the decision of the justice, any materials submitted or testimony offered pursuant to § 21-28-5.07.1 shall be kept under seal and not available for inspection, except after a hearing by the issuing justice who shall determine, prior to their release, that the sealing of the records is no longer necessary for the protection of the integrity of the investigation or that the protection of any sources of information which contributed to the investigation will not be compromised by the release.
History of Section.
P.L. 1991, ch. 295, § 1; P.L. 2002, ch. 292, § 54.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28 - Uniform Controlled Substances Act › Article V - Powers of Enforcement Personnel › Section 21-28-5.07.4. - Control of controlled substance.

§ 21-28-5.07.4. Control of controlled substance.
(a)
Any controlled substance, which has been authorized to be used by the state police, local police or investigator appointed pursuant to § 42-9-8.1 designated by the attorney general in investigations of controlled substance violations shall be kept under the physical control of the requesting law enforcement agency until the controlled substance is to be used in an investigation.
(b)
When used in an investigation, at no time shall any substantial amount of the controlled substance be physically delivered to a person unless the police intend to and are able to immediately arrest the person to whom the controlled substance was delivered for commission of a felony criminal offense.
(c)
Upon final disposition of all matters regarding the use of any controlled substances in accordance with § 21-28-5.07.1, the controlled substance shall be destroyed in accordance with the provisions of § 21-28-5.07.
History of Section.
P.L. 1991, ch. 295, § 1; P.L. 2002, ch. 292, § 54.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28 - Uniform Controlled Substances Act › Article V - Powers of Enforcement Personnel › Section 21-28-5.07.5. - Rules and regulations.

§ 21-28-5.07.5. Rules and regulations.
The attorney general shall promulgate rules and regulations in furtherance of the administration of his or her responsibilities pursuant to this chapter and concerning the custody and control of all controlled substances utilized pursuant to § 21-28-5.07.1 and no application for use of controlled substances shall be applied for until the rules and regulations have been formally approved by the attorney general.
History of Section.
P.L. 1991, ch. 295, § 1; P.L. 2002, ch. 292, § 54.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28 - Uniform Controlled Substances Act › Article V - Powers of Enforcement Personnel › Section 21-28-5.08. - Burden of proof.

§ 21-28-5.08. Burden of proof.
(a)
It shall not be necessary for the state to negate any exemption or exception set forth in this chapter in any complaint, information, indictment, or other pleading or in any trial, hearing, or other proceeding under this chapter, and the burden of pleading and proof of any exemption or exception shall be upon the person claiming its benefit.
(b)
In the absence of proof that a person is the duly authorized holder of an appropriate registration or an official written order issued under federal law, he or she shall be presumed not to be the holder of the registration form, and the burden of proof shall be upon him or her to rebut the presumption.
History of Section.
P.L. 1974, ch. 183, § 2.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28 - Uniform Controlled Substances Act › Article V - Powers of Enforcement Personnel › Section 21-28-5.09. - Revocation of license of persons convicted.

§ 21-28-5.09. Revocation of license of persons convicted.
On the conviction of any person of the violation of any provision of this chapter, a copy of the judgment or decision and the sentence, and of the opinion of the court, if one is filed, shall immediately be sent by the clerk of the court to the director of health, who in turn shall notify the board, division, commission, officer, or officers by whom the convicted person was licensed or registered to practice his or her profession, trade, occupation, or to carry on his or her business. The licensing board, division, commission, officer, or officers shall enter upon its records a statement of the conviction and shall immediately revoke the license or registration and notify the director of health within seven (7) days to that effect. On the application of any person whose license or registration has been revoked, and upon proper showing and for good cause, the board, division, commission, officer, or officers may reinstate the license or registration, and when it does it shall so notify the director of health.
History of Section.
P.L. 1974, ch. 183, § 2.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28 - Uniform Controlled Substances Act › Article V - Powers of Enforcement Personnel › Section 21-28-5.10. - Inspection of records — Information or knowledge obtained confidential.

§ 21-28-5.10. Inspection of records — Information or knowledge obtained confidential.
Prescriptions, orders, and records required by this chapter, and stocks of controlled substances, shall be open for inspection only to federal, state, county, and municipal officers, whose duty it is to enforce the laws of this state or of the United States relating to controlled substances. No person having information or knowledge by virtue of his or her office of any prescription, order, or record shall divulge or shall be required to divulge that information or knowledge, except in connection with a prosecution or proceeding in court or before a licensing or registration board or officer to which prosecution or proceeding the person to whom the prescription, orders, or records relate is a party. Any personal records of individual use of controlled substances shall be destroyed after two (2) years unless the records relate to an on-going judicial proceeding.
History of Section.
P.L. 1974, ch. 183, § 2.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28 - Uniform Controlled Substances Act › Article V - Powers of Enforcement Personnel › Section 21-28-5.11. - Suspension of license or registration of drug dependent persons.

§ 21-28-5.11. Suspension of license or registration of drug dependent persons.
If any person licensed or registered to practice his or her profession, trade, occupation, or carry on his or her business shall at any time, after a fair hearing held upon reasonable notice, and upon the production of sufficient evidence, is found by the director of health to be a drug dependent person, then the director shall, within seven (7) days after the hearing, give notice in writing to the board, division, commission, officer, or officers issuing a license to the practitioner or nurse, that the practitioner, or nurse is a drug dependent person, and the board, division, commission, officer, or officers empowered to issue the license or registration shall in regular course examine the facts in the case and shall, in their judgment, suspend the license or registration and shall immediately notify the director of health that the license or registration has been suspended, and the license or registration shall remain suspended until the time as the director of health shall notify the board, division, commission, officer, or officers empowered to issue the license or registration that in the opinion of the director of health the person whose license or registration is suspended is no longer a drug dependent person, and upon that notice the license or registration may be reissued by the board, commission, officer, or officers empowered to issue the license or registration.
History of Section.
P.L. 1974, ch. 183, § 2.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28 - Uniform Controlled Substances Act › Article V - Powers of Enforcement Personnel › Section 21-28-5.12. - Appropriations and disbursements.

§ 21-28-5.12. Appropriations and disbursements.
The general assembly shall annually appropriate any sums that it may deem necessary for the payment of the necessary expenses incurred by the department in the performance of its duties; and the state controller is authorized and directed to draw his or her orders upon the general treasurer for the payment of the sums or so much of them as is required, upon receipt by him or her of proper vouchers approved by the director of health.
History of Section.
P.L. 1974, ch. 183, § 2.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28 - Uniform Controlled Substances Act › Article V - Powers of Enforcement Personnel › Section 21-28-5.13. - Severability.

§ 21-28-5.13. Severability.
If any provision of this chapter or the application of it to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provisions or application, and to this end the provisions of this chapter are declared to be severable.
History of Section.
P.L. 1974, ch. 183, § 2.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28 - Uniform Controlled Substances Act › Article V - Powers of Enforcement Personnel › Section 21-28-5.14. - Judicial review.

§ 21-28-5.14. Judicial review.
All final determinations, findings, and conclusions of the director of health under this chapter shall be final and conclusive decisions of the matters involved, except that any person aggrieved by the decision may obtain review of the decision in the superior court. Findings of fact by the director of health, if supported by substantial evidence, shall be conclusive. Judicial review shall be conducted subject to the provisions of § 42-35-15.
History of Section.
P.L. 1974, ch. 183, § 2.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.1 - Narcotic Guidance Council › Section 21-28.1-1. - Creation of narcotic guidance council.

§ 21-28.1-1. Creation of narcotic guidance council.
The city or town council of any city or town in this state may, by resolution, create one or more narcotic guidance councils.
History of Section.
P.L. 1970, ch. 24, § 2.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.1 - Narcotic Guidance Council › Section 21-28.1-2. - Powers and duties.

§ 21-28.1-2. Powers and duties.
Narcotic guidance councils shall develop a program of community participation regarding control of the use of narcotics at the local level. These councils shall direct themselves toward accomplishing the following:
(1)
Make immediately available to the community, basic knowledge acquired in the field of drug use especially by youth;
(2)
Create a climate in which persons seeking assistance in coping with narcotics problems can meet, without embarrassment, with responsible individuals or agencies in a position to render assistance;
(3)
Authorize persons approved by the council to contact and counsel persons within the community suspected of using narcotics or those persons allegedly having knowledge of that usage; and
(4)
Cooperate with other narcotic guidance councils and with the state, and federal narcotics commissions and agencies in bringing local and community trouble areas to their attention.
History of Section.
P.L. 1970, ch. 24, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.1 - Narcotic Guidance Council › Section 21-28.1-3. - Composition of councils.

§ 21-28.1-3. Composition of councils.
(a)
Narcotic guidance councils shall consist of not less than three (3) nor more than five (5) members who shall be appointed by the local city or town councils for a term not exceeding three (3) years and shall whenever practicable include at least one member of the clergy, one attorney and one physician.
(b)
The presiding officer or chairperson of the council shall be designated by the local city or town council from among the members as appointed to the council. The local city or town council shall have authority to remove any member of the council appointed for cause, after a public hearing, if requested. A vacancy shall be filled for the unexpired term in the same manner as an original appointment. The local city or town council may provide for compensation to be paid to the members of the council and is also empowered and authorized to make any appropriation for expenses incurred by the council. The council may appoint any clerks and other employees as it may require with the approval of the local city or town council. The services and expenses of the council shall not exceed the appropriation that may be made for them by the local city or town council.
History of Section.
P.L. 1970, ch. 24, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.1 - Narcotic Guidance Council › Section 21-28.1-4. - State agencies — Cooperation.

§ 21-28.1-4. State agencies — Cooperation.
All state departments and agencies shall give all necessary aid and assistance to the various guidance councils in order to carry out the purposes of this chapter.
History of Section.
P.L. 1970, ch. 24, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.2 - Drug Abuse Control › Section 21-28.2-1. - Definitions.

§ 21-28.2-1. Definitions.
Unless the context otherwise requires, the following terms shall be construed in this chapter to have the following meanings:
(1)
“Department” means the department of health.
(2)
“Director” means the director of the department of health.
(3)
“Narcotic addict” means a person who is at the time of examination dependent upon opium, heroin, morphine, or any derivative or synthetic drug of that group or any other narcotic drug as defined in § 21-28-1.02, or a depressant or stimulant substance, or who by reason of the repeated use of any such drug is in imminent danger of becoming dependent upon opium, heroin, morphine, or any derivative or synthetic drug of that group, or any other narcotic drug as defined in § 21-28-1.02; or any person who is or has been so far addicted to the use of narcotic drugs as to have lost the power of self-control with reference to his or her addiction; provided, that no person shall be deemed a narcotic addict solely by virtue of his or her taking of any of the drugs pursuant to a lawful prescription issued by a physician in the course of professional treatment for legitimate medical purposes. For the purpose of this section, “depressant or stimulant substance” means:
(i)
A drug which contains any quantity of: (A) barbituric acid or any of the salts of barbituric acid; or (B) any derivative of barbituric acid which the director after investigation has found to be habit forming;
(ii)
A drug which contains any quantity of: (A) amphetamine or any of its optical isomers; (B) any salt of amphetamine or any salt of an optical isomer of amphetamine; or (C) any substance which the director, after investigation, has found to be and by regulation designated as habit forming because of its stimulant effect on the central nervous system;
(iii)
Lysergic acid diethylamide; or
(iv)
Any drug which contains any quantity of a substance which the director, after investigation, has found to have and by regulation designated as having a potential for abuse because of its depressant or stimulant effect on the central nervous system or its hallucinogenic effect.
(4)
“Police officer” means any municipal or state police officer or any employee of the department with police powers.
History of Section.
P.L. 1970, ch. 163, § 1; P.L. 1973, ch. 123, § 1; P.L. 1989, ch. 542, § 40.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.2 - Drug Abuse Control › Section 21-28.2-2. - Rules and regulations.

§ 21-28.2-2. Rules and regulations.
The department shall make any rules and regulations respecting the care and treatment of patients and persons referred to the department’s care and the management of the department’s affairs as are deemed necessary to carry out the expressed purposes of this chapter.
History of Section.
P.L. 1970, ch. 163, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.2 - Drug Abuse Control › Section 21-28.2-4. - Medical examination.

§ 21-28.2-4. Medical examination.
The department shall designate facilities and physicians and establish procedures for the conduct of medical examinations pursuant to this chapter. In all these cases the department shall designate two (2) qualified physicians to examine the patient. The department shall provide for the use of accepted medical procedures, tests, and treatment, which may include, but are not limited to, narcotic antagonists and thin layer chromotography. Upon conclusion of the medical examination, the persons conducting the medical examination shall promptly transmit a report of the examination to the court that directed the medical examination. If after reviewing the report the court is not satisfied that there are reasonable grounds to believe the person is a narcotic addict, it shall dismiss the petition and discharge the person. If after reviewing the report the court is satisfied that there are reasonable grounds to believe the person is a narcotic addict, it shall proceed as hereinafter provided.
History of Section.
P.L. 1970, ch. 163, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.2 - Drug Abuse Control › Section 21-28.2-5. - Determination of narcotic addiction.

§ 21-28.2-5. Determination of narcotic addiction.
The court shall promptly advise the alleged narcotic addict that the petition and the report of the medical examination set forth reasonable grounds to believe that the person is a narcotic addict, shall give him or her a copy of the report, and explain that if the court finds him or her to be a narcotic addict he or she shall be certified to the care and custody of the department for an indefinite period not exceeding three (3) years, provided that facilities are available. The court shall then advise the alleged narcotic addict that he or she has a right to a hearing before the court or a jury trial, without fee, as provided in this section. If the alleged narcotic addict appears without counsel, the court shall advise the person of his or her right to counsel and proceed in regard thereto as provided in subdivision (4) of § 21-28.2-3.
History of Section.
P.L. 1970, ch. 163, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.2 - Drug Abuse Control › Section 21-28.2-6. - No application for hearing or jury trial.

§ 21-28.2-6. No application for hearing or jury trial.
When no application is made for a hearing before the court or a jury trial by or on behalf of the alleged narcotic addict, the court shall, if satisfied that the person is a narcotic addict, immediately issue an order certifying the person to the care and custody of the department for the indefinite period as provided in § 21-28.2-8, provided that facilities are available.
History of Section.
P.L. 1970, ch. 163, § 1.