Rhode Island General Laws > Chapter 21-28 – Uniform Controlled Substances Act


Article I	Short Title and Definitions
Article II	Standards and Schedules
Article III	Regulation of Manufacturing, Distributing, Prescribing, Administering, and Dispensing Controlled Substances
Article IV	Offenses and Penalties
Article V	Powers of Enforcement Personnel

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Terms Used In Rhode Island General Laws > Chapter 21-28 - Uniform Controlled Substances Act

Acquittal:
1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
2. A verdict of "not guilty."
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
Adopt: means when an adopting party voluntarily acquires and assumes responsibility for an animal from a releasing agency that is properly licensed or registered by the department. See Rhode Island General Laws 4-19-2
Adopting party: means any person who enters into a contract acquiring an animal from a releasing agency that is properly licensed or registered by the department. See Rhode Island General Laws 4-19-2
Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
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
Animal: means any dog or cat, rabbit, rodent, nonhuman primate, bird or other warm-blooded vertebrate, amphibian, fish, or reptile but shall not include horses, cattle, sheep, goats, swine, and domestic fowl. See Rhode Island General Laws 4-19-2
Animal shelter: means a brick-and-mortar facility that is used to house or contain animals and that is owned, operated, or maintained by a duly incorporated humane society, animal welfare society, society for the prevention of cruelty to animals, or other nonprofit organization devoted to the welfare, protection, and humane treatment of animals. See Rhode Island General Laws 4-19-2
animal-control officer: means any person employed, contracted, or appointed by the state, or any political subdivision of the state, for the purpose of aiding in the enforcement of this chapter or any other law or ordinance relating to the licensing of dogs, cats, or other animals; the control of dogs, cats, or other animals; or the seizure and impoundment of dogs, cats, or other animals and includes any state or municipal peace officer, animal-control officer, sheriff, constable, or other employee whose duties, in whole or in part, include assignments that involve the seizure or taking into custody of any dog, cat, or other animal. See Rhode Island General Laws 4-19-2
Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
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
Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
Appraisal: A determination of property value.
Arrest: Taking physical custody of a person by lawful authority.
Asset forfeiture: A procedure by which a person's property is seized to pay judgments levied by the court.
Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
Breeder: means a person engaged in the propagation of purebred or crossbred dogs and/or cats for the purpose of improving and enhancing a breed recognized and registered by the American Kennel Club, American Field Stud Book, a registered cat breed association, or for sale at wholesale or retail, unless otherwise exempted as a hobby breeder as defined below. See Rhode Island General Laws 4-19-2
Broker: means any third party who arranges, delivers, or otherwise facilitates transfer of ownership of animal(s), through adoption or fostering, from one party to another, whether or not the party receives a fee for providing that service and whether or not the party takes physical possession of the animal(s) at any point. See Rhode Island General Laws 4-19-2
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
Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
Co-prescribing: means issuing a prescription for an opioid antagonist along with a prescription for an opioid analgesic. 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, 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
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
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
Continuance: Putting off of a hearing ot trial until a later time.
Contract: A legal written agreement that becomes binding when signed.
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
Conviction: A judgement of guilt against a criminal defendant.
Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
Counterfeit substance: means a controlled substance that, 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 that 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
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
Dealer: means any person who sells, exchanges, or donates, or offers to sell, exchange, or donate, animals to another dealer, pet shop, or research facility, or who breeds animals for the purpose of selling or donating to another dealer or pet shop or research facility. See Rhode Island General Laws 4-19-2
Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
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
Dependent: A person dependent for support upon another.
Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
Depressant or stimulant drug: means :

(i) A drug that 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 environmental management of the state of Rhode Island. See Rhode Island General Laws 4-19-2
Director: means the director of health. See Rhode Island General Laws 21-28-1.02
Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
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
dog pound: means a facility operated by a state, or any political subdivision of a state, for the purpose of impounding or harboring seized, stray, homeless, abandoned, or unwanted dogs, cats, and other animals or a facility operated for that purpose under a contract with any municipal corporation or incorporated society for the prevention of cruelty to animals. See Rhode Island General Laws 4-19-2
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
enclosure: means the most proximal barrier to an animal that will have the intended purpose or effect of containment of that animal or that will effectively restrict the liberty of the animal. See Rhode Island General Laws 4-19-2
Escrow: Money given to a third party to be held for payment until certain conditions are met.
Euthanasia: means the humane destruction of an animal accomplished by a method that involves instantaneous unconsciousness and immediate death or by a method that involves anesthesia, produced by an agent that causes painless loss of consciousness and death during that loss of consciousness. See Rhode Island General Laws 4-19-2
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Federal law: means the Comprehensive Drug Abuse Prevention and Control Act of 1970, (84 stat. See Rhode Island General Laws 21-28-1.02
Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. ^{Source: OCC}
Fraud: Intentional deception resulting in injury to another.
Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
Hardware: means the fixed component parts of a computer. See Rhode Island General Laws 21-28-1.02
Hobby breeder: means those persons whose regular occupation is not the breeding and raising of dogs and cats and whose method of sale is at retail only. See Rhode Island General Laws 4-19-2
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, that 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 that 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) That 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) That 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
Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
Kennel: means a place or establishment, other than a pound or animal shelter, or veterinary hospital that is housing animals during their treatment, where animals not owned by the proprietor are sheltered, fed, and watered in return for a fee. See Rhode Island General Laws 4-19-2
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
Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
Licensed releasing agency: means any animal shelter, animal-rescue, pound, animal-control officer, or broker that is required to be licensed or registered with the director pursuant to the provisions of this chapter and is so licensed or registered. See Rhode Island General Laws 4-19-2
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
Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
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
Opioid antagonist: means naloxone hydrochloride and any other drug approved by the United States Food and Drug Administration for the treatment of opioid overdose. 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
Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
Person: means any individual, partnership, firm, joint stock company, corporation, association, trust, estate, or other legal entity. See Rhode Island General Laws 4-19-2
Person: means any corporation, association, partnership, or one or more individuals. See Rhode Island General Laws 21-28-1.02
person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
Personal property: All property that is not real property.
Pet shop: means an establishment where animals are bought, sold, exchanged, or offered for sale or exchange to the general public at retail. See Rhode Island General Laws 4-19-2
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
Plaintiff: The person who files the complaint in a civil lawsuit.
Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
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
Probable cause: A reasonable ground for belief that the offender violated a specific law.
Probate: Proving a will
Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
Production: includes the manufacture, planting, cultivation, growing, or harvesting of a controlled substance. See Rhode Island General Laws 21-28-1.02
Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
Public auction: means any place or location where dogs or cats are sold at auction to the highest bidder regardless of whether those dogs or cats are offered as individuals, as a group, or by weight. See Rhode Island General Laws 4-19-2
Purchaser: means any person purchasing a dog from a seller, as defined in this section. See Rhode Island General Laws 4-25-1
Qualified law enforcement agency: means the U. See Rhode Island General Laws 21-28-1.02
Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
rescue: means an entity, without a physical brick-and-mortar facility, that is owned, operated, or maintained by a duly incorporated humane society, animal welfare society, society for the prevention of cruelty to animals, or other nonprofit organization devoted to the welfare, protection, and humane treatment of animals intended for adoption. See Rhode Island General Laws 4-19-2
Research facility: means any place, laboratory, or institution at which scientific tests, investigations, or experiments involving the use of living animals are carried out, conducted, or attempted. See Rhode Island General Laws 4-19-2
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
Seller: means any person, business or other entity engaging in the sale of dogs, except that this definition does not encompass the sale of dogs on the premises of and by a public shelter, pound or other entity operating as a nonprofit organization pursuant to Rhode Island law. See Rhode Island General Laws 4-25-1
Sexual maturity: means when a dog or cat reaches six (6) months. See Rhode Island General Laws 4-19-2
Software: means programs, procedures, and storage of required information data. See Rhode Island General Laws 21-28-1.02
State veterinarian: means a licensed veterinarian from the department of environmental management. See Rhode Island General Laws 4-19-2
Statute: A law passed by a legislature.
Subpoena: A command to a witness to appear and give testimony.
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
Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
Testify: Answer questions in court.
Testimony: Evidence presented orally by witnesses during trials or before grand juries.
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
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
Trainer: means those persons who actively engage in the application of behavior analysis using the environmental events of antecedents and consequences to modify the behavior of an animal, either for the animal to assist in specific activities or undertake particular tasks, or for the animal to participate effectively in contemporary domestic life, and who keep, board, or retain possession of the animal for at least one overnight period, with the exception of those persons engaged in these activities for dog training programs operated by government agencies and for dog training programs operated by a not-for-profit or exempt nonprofit organization pursuant to Rhode Island General Laws 4-19-2
Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
Trustee: A person or institution holding and administering property in trust.
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
Uphold: The decision of an appellate court not to reverse a lower court decision.
Verdict: The decision of a petit jury or a judge.
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