(a)  Except as authorized by this chapter, it shall be unlawful for any person to manufacture, sell, or possess with intent to manufacture or sell, a controlled substance classified in schedule I or II (excluding marijuana) or to possess or deliver the following enumerated quantities of certain controlled substances:

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

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

(i)  Coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed;

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

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

(iv)  Any compound, mixture, or preparation that contains any quantity of any of the substances referred to in paragraphs (i) — (iii) of this subdivision;

(3)  One gram (1 g.) to ten grams (10 gs.) of phencyclidine (PCP) or one hundred (100) to one thousand (1,000) tablets of a mixture or substance containing a detectable amount of phencyclidine (PCP);

(4)  One-tenth of a gram (0.1 g.) to one gram (1 g.) of lysergic acid diethylamide (LSD) or one hundred (100) to one thousand (1,000) tablets of a mixture or substance containing a detectable amount of lysergic acid diethylamide (LSD);

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

(6)  One ounce (1 oz.) to one kilogram (1 kg.) of a mixture or substance containing a detectable amount of synthetic drugs; or

(7)  One ounce (1 oz.) to one kilogram (1 kg.) of a mixture or substance containing a detectable amount of fentanyl or its analogs, including, but not limited to: N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide, its optical, positional, and geometric isomers, salts, and salts of isomers (acetyl fentanyl); N-(1-phenethylpiperidin-4-yl)-N-phenylfuran-2carboxamide (furanyl fentanyl); and N-Phenethyl-4-piperidinone (4-AN-PP); or

(8)  One ounce (1 oz.) to one kilogram (1 kg.) of a mixture or substance containing a detectable amount of carfentanil; or

(9)  One ounce (1 oz.) to one kilogram (1 kg.) of 3,4-methyl-enedioxymethamphetamine (MDMA), its optical, positional, and geometric isomers, salts, and salts of isomers; or

(10)  One ounce (1 oz.) to one kilogram (1 kg.) of amphetamine, its salts, optical isomers, and salts of its optical isomers; or

(11)  One ounce (1 oz.) to one kilogram (1 kg.) of methamphetamine, its salts, and salts of its isomers.

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Terms Used In Rhode Island General Laws 21-28-4.01.1

  • Coca leaves: includes cocaine, or any compound, manufacture, salt, derivative, mixture, or preparation of coca leaves, except derivatives of coca leaves, that do not contain cocaine, ecgonine, or substance from which cocaine or ecgonine may be synthesized or made. See Rhode Island General Laws 21-28-1.02
  • Controlled substance: means a drug, substance, immediate precursor, or synthetic drug in schedules I — V of this chapter. See Rhode Island General Laws 21-28-1.02
  • Conviction: A judgement of guilt against a criminal defendant.
  • Manufacture: means the production, preparation, propagation, cultivation, compounding, or processing of a drug or other substance, including an imitation controlled substance, either directly or indirectly or by extraction from substances of natural origin, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis and includes any packaging or repackaging of the substance or labeling or relabeling of its container in conformity with the general laws of this state except by a practitioner as an incident to his or her administration or dispensing of the drug or substance in the course of his or her professional practice. See Rhode Island General Laws 21-28-1.02
  • Marijuana: means all parts of the plant cannabis sativa L. See Rhode Island General Laws 21-28-1.02
  • Ounce: means an avoirdupois ounce as applied to solids and semi-solids, and a fluid ounce as applied to liquids. See Rhode Island General Laws 21-28-1.02
  • Person: means any corporation, association, partnership, or one or more individuals. See Rhode Island General Laws 21-28-1.02
  • Sell: includes sale, barter, gift, transfer, or delivery in any manner to another, or to offer or agree to do the same. See Rhode Island General Laws 21-28-1.02
  • Synthetic drugs: means any synthetic cannabinoids or piperazines or any synthetic cathinones as provided for in schedule I. See Rhode Island General Laws 21-28-1.02

(b)  Any person who violates this section shall be guilty of a crime, and upon conviction, may be imprisoned for a term up to fifty (50) years and fined not more than five hundred thousand dollars ($500,000).

History of Section.
P.L. 1988, ch. 651, § 1; P.L. 1991, ch. 256, § 1; P.L. 2009, ch. 345, § 1; P.L. 2009, ch. 346, § 1; P.L. 2014, ch. 81, § 1; P.L. 2014, ch. 90, § 1; P.L. 2017, ch. 103, § 1; P.L. 2017, ch. 114, § 1; P.L. 2021, ch. 286, § 2, effective July 9, 2021; P.L. 2021, ch. 287, § 2, effective July 9, 2021.