It is unlawful for any person to deliver, sell, possess with intent to deliver, or sell, or manufacture with intent to deliver, or sell drug paraphernalia, knowing that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or introduce into the human body a controlled substance in violation of chapter 28 of this title. A violation of this section shall be punishable by a fine not exceeding five thousand dollars ($5,000) or imprisonment not exceeding two (2) years, or both.

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Terms Used In Rhode Island General Laws 21-28.5-2

  • Drug paraphernalia: includes , but is not limited to, all of the following:

    (1)  Kits intended for use or designed for use in planting, propagating, cultivating, growing, or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived;

    (2)  Kits intended for use or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances;

    (3)  Isomerization devices intended for use or designed for use in increasing the potency of any species of plant that is a controlled substance;

    (4)  Testing equipment intended for use or designed for use in identifying or in analyzing the strength, effectiveness, or purity of controlled substances;

    (5)  Scales and balances intended for use or designed for use in weighing or measuring controlled substances;

    (6)  Dilutants and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose, and lactose, intended for use or designed for use in cutting controlled substances;

    (7)  Separation gins and sifters intended for use or designed for use in removing twigs and seeds from, or in cleaning or refining, marijuana;

    (8)  Blenders, bowls, containers, spoons, and mixing devices intended for use or designed for use in compounding controlled substances;

    (9)  Capsules, balloons, envelopes, and other containers intended for use or designed for use in packaging small quantities of controlled substances;

    (10)  Containers and other objects intended for use or designed for use in storing or concealing controlled substances; and

    (11)  Objects intended for use or designed for use in ingesting, inhaling, or introducing marijuana, cocaine, hashish, or hashish oil into the human body, such as:

    (i)  Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;

    (ii)  Water pipes;

    (iii)  Carburetion tubes and devices;

    (iv)  Smoking and carburetion masks;

    (v)  Roach clips, meaning objects used to hold burning material, such as a marijuana cigarette that has become too small or too short to be held in the hand;

    (vi)  Miniature cocaine spoons, and cocaine vials;

    (vii)  Chamber pipes;

    (viii)  Carburetor pipes;

    (xi)  Electric pipes;

    (x)  Air-driven pipes;

    (xi)  Chillums;

    (xii)  Bongs;

    (xiii)  Ice pipes or chillers; and

    (xiv)  Wide rolling papers which are designed for drug use. See Rhode Island General Laws 21-28.5-1

  • person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6

Notwithstanding any other provision of the general laws, the sale, manufacture, or delivery of drug paraphernalia to a person acting in accordance with chapters 28.6 and 28.11 of this title shall not be considered a violation of this chapter. Any person violating this section, who but for his or her age at the time of the violation would be acting in accordance with chapter 28.11 of this title, shall be punished by a fine of one hundred dollars ($100), forfeiture of any drug paraphernalia, and shall be ordered to complete a drug awareness program pursuant to § 21-28.11-27.2.

History of Section.
P.L. 1982, ch. 384, § 1; P.L. 2019, ch. 88, art. 15, § 4; P.L. 2022, ch. 31, § 7, effective May 25, 2022; P.L. 2022, ch. 32, § 7, effective May 25, 2022.