PRINTER'S NO. 2124
No. 1738 Session of 1979
INTRODUCED BY SALVATORE, D. M. O'BRIEN, McKELVEY, ROCKS AND
PERZEL, SEPTEMBER 24, 1979
REFERRED TO COMMITTEE ON JUDICIARY, SEPTEMBER 24, 1979
AN ACT
1 Amending the act of April 14, 1972 (P.L.233, No.64), entitled
2 "An act relating to the manufacture, sale and possession of
3 controlled substances, other drugs, devices and cosmetics;
4 conferring powers on the courts and the secretary and
5 Department of Health and a newly created Pennsylvania Drug,
6 Device and Cosmetic Board; establishing schedules of
7 controlled substances; providing penalties; requiring
8 registration of persons engaged in the drug trade and for the
9 revocation or suspension of certain licenses and
10 registrations; and repealing an act," making it illegal to
11 possess or deliver controlled paraphernalia.
12 The General Assembly of the Commonwealth of Pennsylvania
13 hereby enacts as follows:
14 Section 1. Subsection (b) of section 2, act of April 14,
15 1972 (P.L.233, No.64), known as "The Controlled Substance, Drug,
16 Device and Cosmetic Act," is amended by adding a definition to
17 read:
18 Section 2. Definitions.-- * * *
19 (b) As used in this act:
20 * * *
21 "Controlled paraphernalia" means: hypodermic syringe, needle
22 or any other instrument or implement or combination adapted for
1 the administration of a controlled substance by injection,
2 ingestion or any other means under circumstances which
3 reasonably indicate an intention to use such controlled
4 paraphernalia for purposes of illegally administering any
5 controlled substance. Gelatin capsules, glassine envelopes or
6 any other container suitable for the packaging of individual
7 quantities of controlled substances. Lactose, quinine, mannite,
8 mannitol, dextrose, sucrose, procaine hydrochloride or any
9 substance which could serve as a diluent or adulterant in
10 sufficient quantity. Any equipment commonly used in illegal
11 manufacture and distribution of a controlled substance such as
12 but not limited to: scales, sieves, strainers, measuring spoons,
13 staples or staplers.
14 * * *
15 Section 2. Subsection (a) of section 13 of the act is
16 amended by adding a clause to read:
17 Section 13. Prohibited Acts; Penalties.--(a) The following
18 acts and the causing thereof within the Commonwealth are hereby
19 prohibited:
20 * * *
21 (32) The possession of, delivery, or possession with intent
22 to deliver, controlled paraphernalia.
23 * * *
24 Section 3. Subsection (g) of section 13 of the act is
25 amended to read:
26 Section 13. Prohibited Acts; Penalties.--* * *
27 (g) Any person who violates [clause (31) of subsection (a)]
28 any provision of this section is guilty of a misdemeanor and
29 upon conviction thereof shall be sentenced to imprisonment not
30 exceeding [thirty days] four years, or to pay a fine not
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1 exceeding [five hundred dollars ($500)] twenty-five thousand
2 dollars ($25,000), or both: Provided, however, That any person
3 violating this section by the possession of marihuana shall be
4 sentenced to imprisonment not exceeding one year or to pay a
5 fine not exceeding one thousand dollars ($1,000), or both.
6 * * *
7 Section 4. This act shall take effect in 60 days.
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