§ 21-28-1.01 Short title and declaration
§ 21-28-1.02 Definitions
§ 21-28-1.02. v2 Definitions
§ 21-28-2.01 Authority to control — Registration requirements and procedures
§ 21-28-2.02 Schedules of controlled substances — Establishment
§ 21-28-2.03 Schedule I tests
§ 21-28-2.04 Schedule II tests
§ 21-28-2.05 Schedule III tests
§ 21-28-2.06 Schedule IV tests
§ 21-28-2.07 Schedule V tests
§ 21-28-2.08 Contents of schedules
§ 21-28-2.09 Exemption of compounds containing counteragents
§ 21-28-2.10 Exemption of dextromethorphan
§ 21-28-3.01 Rules and regulations — Fees
§ 21-28-3.02 Registration requirements
§ 21-28-3.03 Registration
§ 21-28-3.04 Suspension or revocation of registration
§ 21-28-3.05 Order to show cause
§ 21-28-3.06 License required for manufacture
§ 21-28-3.07 Qualifications for licensees
§ 21-28-3.08 Disposition of license fees
§ 21-28-3.09 Denial, revocation, or suspension of licenses
§ 21-28-3.10 Authorized sales by manufacturers and wholesalers on official written orders
§ 21-28-3.11 Form, delivery, and preservation of official written orders
§ 21-28-3.12 Records of controlled substances used in professional practice
§ 21-28-3.13 Records of manufacturers and wholesalers
§ 21-28-3.14 Records of apothecaries
§ 21-28-3.15 Records of vendors of schedule V substances
§ 21-28-3.16 Form, content, and preservation of records
§ 21-28-3.17 Records open to inspection
§ 21-28-3.18 Prescriptions
§ 21-28-3.19 Sale of stock on discontinuance of pharmacy business
§ 21-28-3.20 Authority of practitioner to prescribe, administer, and dispense
§ 21-28-3.21 Operation of treatment and rehabilitation programs for drug dependent persons
§ 21-28-3.22 Administration, dispensation or use restricted to scope of employment or duty
§ 21-28-3.23 Advertising controlled substances
§ 21-28-3.24 Examination before use of controlled substances
§ 21-28-3.25 Subpoena powers
§ 21-28-3.26 Labeling by manufacturers and wholesalers
§ 21-28-3.27 Labeling by dispensing apothecaries
§ 21-28-3.28 Security requirements generally
§ 21-28-3.30 Persons exempt from restrictions on possession of controlled substances
§ 21-28-3.31 Use of imitation controlled substance in research — Immunity
§ 21-28-3.32 Electronic prescription database
§ 21-28-3.32. v2 Electronic prescription database
§ 21-28-4.01 Prohibited acts A — Penalties
§ 21-28-4.01.1 Minimum sentence — Certain quantities of controlled substances
§ 21-28-4.01.2 Minimum sentence — Certain quantities of controlled substances
§ 21-28-4.02 Prohibited acts B — Penalties
§ 21-28-4.03 Prohibited acts C — Penalties
§ 21-28-4.04 Sale of hypodermic syringes and needles and retractable hypodermic syringes and needles
§ 21-28-4.05 Prohibited acts E — False representations to obtain controlled substances
§ 21-28-4.06 Prohibited acts F — Places used for unlawful sale, use, or keeping of controlled substances
§ 21-28-4.07 Distribution to persons under age 18
§ 21-28-4.07.1 Distribution or manufacturing in or near schools
§ 21-28-4.07.2 Distribution to individuals without knowledge — Crime of violence
§ 21-28-4.08 Conspiracy
§ 21-28-4.09 General penalty clause
§ 21-28-4.10 Penalties under other laws
§ 21-28-4.11 Second offenses
§ 21-28-4.12 Bar to prosecution
§ 21-28-4.13 Impersonation of health officials — Penalties
§ 21-28-4.14 Third or subsequent offenses
§ 21-28-4.15 Employment of person under age eighteen (18)
§ 21-28-4.16 Crimes against pharmacies
§ 21-28-4.16.1 Larceny of a controlled substance
§ 21-28-4.16.2 Tampering with a controlled substance
§ 21-28-4.17 Additional assessment
§ 21-28-4.17.1 Assessment for drug education, counseling and treatment
§ 21-28-4.18 Prohibited acts by law enforcement officials — Penalties
§ 21-28-4.19 Reduction of sentence
§ 21-28-4.20 Human Immunodeficiency Virus (HIV) — Testing
§ 21-28-4.21 Drug testing required
§ 21-28-4.22 Preparation of summons and related records — Consent and form
§ 21-28-5.01 Powers of enforcement personnel
§ 21-28-5.02 Administrative inspections
§ 21-28-5.04 Forfeiture of property and money
§ 21-28-5.04.1 Criminal forfeiture procedures
§ 21-28-5.04.2 Civil forfeiture procedure
§ 21-28-5.05 Forfeiture of controlled substances, related materials and other property, equipment and records
§ 21-28-5.06 Seizure of contraband
§ 21-28-5.07 Disposition of controlled substances
§ 21-28-5.07.1 Application for use in other cases
§ 21-28-5.07.2 Issuance of orders
§ 21-28-5.07.3 Disclosure
§ 21-28-5.07.4 Control of controlled substance
§ 21-28-5.07.5 Rules and regulations
§ 21-28-5.08 Burden of proof
§ 21-28-5.09 Revocation of license of persons convicted
§ 21-28-5.10 Inspection of records — Information or knowledge obtained confidential
§ 21-28-5.11 Suspension of license or registration of drug dependent persons
§ 21-28-5.12 Appropriations and disbursements
§ 21-28-5.13 Severability
§ 21-28-5.14 Judicial review

Terms Used In Rhode Island General Laws > Chapter 21-28

  • Administer: refers to the direct application of controlled substances to the body of a patient or research subject by:

    (i) A practitioner, or, in his or her presence by his or her authorized agent; or

    (ii) The patient or research subject at the direction and in the presence of the practitioner whether the application is by injection, inhalation, ingestion, or any other means. See Rhode Island General Laws 21-28-1.02.

  • Agent: means an authorized person who acts on behalf of or at the direction of a manufacturer, wholesaler, distributor, or dispenser; except that these terms do not include a common or contract carrier or warehouse operator, when acting in the usual and lawful course of the carrier's or warehouse operator's business. See Rhode Island General Laws 21-28-1.02.
  • Apothecary: means a registered pharmacist as defined by the laws of this state and, where the context requires, the owner of a licensed pharmacy or other place of business where controlled substances are compounded or dispensed by a registered pharmacist; and includes registered assistant pharmacists as defined by existing law, but nothing in this chapter shall be construed as conferring on a person who is not registered as a pharmacist any authority, right, or privilege that is not granted to him or her by the pharmacy laws of the state. See Rhode Island General Laws 21-28-1.02.
  • Automated data processing system: means a system utilizing computer software and hardware for the purposes of record keeping. See Rhode Island General Laws 21-28-1.02.
  • barbiturates: includes all hypnotic and/or somnifacient drugs, whether or not derivatives of barbituric acid, except that this definition shall not include bromides and narcotics. See Rhode Island General Laws 21-28-1.02.
  • Certified law enforcement prescription drug diversion investigator: means a certified law enforcement officer assigned by his or her qualified law enforcement agency to investigate prescription drug diversion. See Rhode Island General Laws 21-28-1.02
  • Coca leaves: includes cocaine, or any compound, manufacture, salt, derivative, mixture, or preparation of coca leaves, except derivatives of coca leaves, which 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.
  • Computer: means programmable electronic device capable of multi-functions, including, but not limited to, storage, retrieval, and processing of information. See Rhode Island General Laws 21-28-1.02.
  • Control: means to add a drug or other substance or immediate precursor to a schedule under this chapter, whether by transfer from another schedule or otherwise. 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.
  • Counterfeit substance: means a controlled substance which, or the container or labeling of which, without authorization bears the trademark, trade name, or other identifying mark, imprint, number, or device, or any likeness of them, of a manufacturer, distributor, or dispenser, other than the person or persons who in fact manufactured, distributed, or dispensed the substance and which thereby falsely purports or is represented to be the product of, or to have been distributed by, the other manufacturer, distributor, or dispenser, or which substance is falsely purported to be or represented to be one of the controlled substances by a manufacturer, distributor, or dispenser. See Rhode Island General Laws 21-28-1.02.
  • CRT: means cathode ray tube used to impose visual information on a screen. See Rhode Island General Laws 21-28-1.02.
  • delivery: means the actual, constructive, or attempted transfer of a controlled substance or imitation controlled substance, whether or not there exists an agency relationship. See Rhode Island General Laws 21-28-1.02.
  • Department: means the department of health of this state. See Rhode Island General Laws 21-28-1.02.
  • Depressant or stimulant drug: means :

    (i) A drug which contains any quantity of:

    (A) Barbituric acid or derivatives, compounds, mixtures, or preparations of barbituric acid; and

    (B) "Barbiturate" or "barbiturates" includes all hypnotic and/or somnifacient drugs, whether or not derivatives of barbituric acid, except that this definition shall not include bromides and narcotics. See Rhode Island General Laws 21-28-1.02.

  • Director: means the director of health. See Rhode Island General Laws 21-28-1.02.
  • Dispense: means to deliver, distribute, leave with, give away, or dispose of a controlled substance to the ultimate user or human research subject by or pursuant to the lawful order of a practitioner, including the packaging, labeling, or compounding necessary to prepare the substance for that delivery. See Rhode Island General Laws 21-28-1.02.
  • Dispenser: is a practitioner who delivers a controlled substance to the ultimate user or human research subject. See Rhode Island General Laws 21-28-1.02.
  • Distribute: means to deliver (other than by administering or dispensing) a controlled substance or an imitation controlled substance and includes actual constructive, or attempted transfer. See Rhode Island General Laws 21-28-1.02.
  • Distributor: means a person who so delivers a controlled substance or an imitation controlled substance. See Rhode Island General Laws 21-28-1.02.
  • Downtime: means that period of time when a computer is not operable. See Rhode Island General Laws 21-28-1.02.
  • Drug addicted person: means a person who exhibits a maladaptive pattern of behavior resulting from drug use, including one or more of the following: impaired control over drug use; compulsive use; and/or continued use despite harm, and craving. See Rhode Island General Laws 21-28-1.02.
  • Drug Enforcement Administration: means the Drug Enforcement Administration United States Department of Justice or its successor. See Rhode Island General Laws 21-28-1.02.
  • Federal law: means the Comprehensive Drug Abuse Prevention and Control Act of 1970, (84 stat. See Rhode Island General Laws 21-28-1.02.
  • Hardware: means the fixed component parts of a computer. See Rhode Island General Laws 21-28-1.02.
  • Hospital: means an institution as defined in chapter 17 of title 23. See Rhode Island General Laws 21-28-1.02.
  • Imitation controlled substance: means a substance that is not a controlled substance, which by dosage unit, appearance (including color, shape, size, and markings), or by representations made, would lead a reasonable person to believe that the substance is a controlled substance and, which imitation controlled substances contain substances which if ingested, could be injurious to the health of a person. See Rhode Island General Laws 21-28-1.02.
  • Immediate precursor: means a substance:

    (i) Which the director of health has found to be and by regulation designated as being the principal compound used, or produced primarily for use, in the manufacture of a controlled substance;

    (ii) Which is an immediate chemical intermediary used or likely to be used in the manufacture of those controlled substances; and

    (iii) The control of which is necessary to prevent, curtail, or limit the manufacture of that controlled substance. See Rhode Island General Laws 21-28-1.02.

  • in writing: include printing, engraving, lithographing, and photo-lithographing, and all other representations of words in letters of the usual form. See Rhode Island General Laws 43-3-16.
  • Laboratory: means a laboratory approved by the department of health as proper to be entrusted with controlled substances and the use of controlled substances for scientific and medical purposes and for the purposes of instruction. See Rhode Island General Laws 21-28-1.02.
  • magistrate: may be construed to mean a justice, or a clerk acting as a justice, of a district court. See Rhode Island General Laws 43-3-16.
  • 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.
  • Manufacturer: means a person who manufactures but does not include an apothecary who compounds controlled substances to be sold or dispensed on prescriptions. 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.
  • Narcotic drug: means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis:

    (i) Opium and opiates. See Rhode Island General Laws 21-28-1.02.

  • oath: includes affirmation; the word "sworn" includes affirmed; and the word "engaged" includes either sworn or affirmed. See Rhode Island General Laws 43-3-11.
  • Official written order: means an order written on a form provided for that purpose by the Drug Enforcement Administration under any laws of the United States making provision for an official form, if order forms are authorized and required by federal law, and if no order form is provided then on an official form provided for that purpose by the director of health. See Rhode Island General Laws 21-28-1.02.
  • Opiate: means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. See Rhode Island General Laws 21-28-1.02.
  • Opium poppy: means the plant of the species papaver somniferum 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: extends to and includes co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6.
  • Person: means any corporation, association, partnership, or one or more individuals. See Rhode Island General Laws 21-28-1.02.
  • Physical dependence: means a state of adaptation that is manifested by a drug class specific withdrawal syndrome that can be produced by abrupt cessation, rapid dose reduction, decreasing blood level of the drug, and/or administration of an antagonist. See Rhode Island General Laws 21-28-1.02.
  • Poppy straw: means all parts, except the seeds, of the opium poppy, after mowing. See Rhode Island General Laws 21-28-1.02.
  • Practitioner: means :

    (i) A physician, osteopath, dentist, chiropodist, veterinarian, scientific investigator, or other person licensed, registered or permitted to distribute, dispense, conduct research with respect to or to administer a controlled substance in the course of professional practice or research in this state. See Rhode Island General Laws 21-28-1.02.

  • Printout: means a hard copy produced by computer that is readable without the aid of any special device. See Rhode Island General Laws 21-28-1.02.
  • Production: includes the manufacture, planting, cultivation, growing, or harvesting of a controlled substance. See Rhode Island General Laws 21-28-1.02.
  • Qualified law enforcement agency: means the U. See Rhode Island General Laws 21-28-1.02
  • Researcher: means a person authorized by the director of health to conduct a laboratory as defined in this chapter. See Rhode Island General Laws 21-28-1.02.
  • seal: shall be construed to include an impression of the seal made with or without the use of wax or wafer on the paper. See Rhode Island General Laws 43-3-15.
  • 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.
  • Software: means programs, procedures and storage of required information data. 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.
  • town: may be construed to include city; the words "town council" include city council; the words "town clerk" include city clerk; the words "ward clerk" include clerk of election district; the words "town treasurer" include city treasurer; and the words "town sergeant" include city sergeant. See Rhode Island General Laws 43-3-9.
  • Ultimate user: means a person who lawfully possesses a controlled substance for his or her own use or for the use of a member of his or her household, or for administering to an animal owned by him or her or by a member of his or her household. See Rhode Island General Laws 21-28-1.02.
  • United States: include the several states and the territories of the United States. See Rhode Island General Laws 43-3-8.
  • Wholesaler: means a person who sells, vends, or distributes at wholesale, or as a jobber, broker agent, or distributor, or for resale in any manner in this state any controlled substance. See Rhode Island General Laws 21-28-1.02.