PRINTER'S NO. 3123
No. 2403 Session of 1980
INTRODUCED BY KANUCK, MARCH 21, 1980
REFERRED TO COMMITTEE ON HEALTH AND WELFARE, MARCH 21, 1980
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," providing penalties
11 relating to the sale of drug 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 "Drug paraphernalia" means all equipment, products and
22 materials of any kind which are used, intended for use, or
1 designed for use, in planting, propagating, cultivating,
2 growing, harvesting, manufacturing, compounding, converting,
3 producing, processing, preparing, testing, analyzing, packaging,
4 repackaging, storing, containing, concealing, injecting,
5 ingesting, inhaling or otherwise introducing into the human body
6 a controlled substance in violation of this act. It includes:
7 (1) Kits used, intended for use, or designed for use in
8 planting, propagating, cultivating, growing or harvesting of any
9 species of plant which is a controlled substance or from which a
10 controlled substance can be derived;
11 (2) Kits used, intended for use, or designed for use in
12 manufacturing, compounding, converting, producing, processing,
13 or preparing controlled substances;
14 (3) Isomerization devices used, intended for use, or
15 designed for use in increasing the potency of any species of
16 plant which is a controlled substance;
17 (4) Testing equipment used, intended for use, or designed
18 for use in identifying, or in analyzing the strength,
19 effectiveness or purity of controlled substances;
20 (5) Diluents and adulterants, such as quinine hydrochloride,
21 mannitol, mannite, dextrose and lactose, used, intended for use,
22 or designed for use in cutting controlled substances;
23 (6) Separation gins and sifters used, intended for use, or
24 designed for use in removing twigs and seeds from, or in
25 otherwise cleaning or refining, marihuana;
26 (7) Containers and other objects used, intended for use, or
27 designed for use in packaging, storing or concealing controlled
28 substances;
29 (8) Hypodermic syringes, needles and other objects used,
30 intended for use, or designed for use in parenterally injecting
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1 controlled substances into the human body;
2 (9) Objects used, intended for use, or designed for use in
3 ingesting, inhaling, or otherwise introducing marihuana,
4 cocaine, hashish or hashish oil into the human body, such as;
5 (i) Metal, wooden, acrylic, glass, stone, plastic or ceramic
6 pipes with or without screens, permanent screens, hashish heads,
7 or punctured metal bowls;
8 (ii) Water pipes;
9 (iii) Carburetion tubes and devices;
10 (iv) Smoking and carburetion masks;
11 (v) Miniature cocaine spoons, and cocaine vials;
12 (vi) Chamber pipes;
13 (vii) Carburetor pipes;
14 (viii) Electric pipes;
15 (ix) Air-driven pipes;
16 (x) Chillums;
17 (xi) Bongs;
18 (xii) Ice pipes or chillers.
19 Section 2. Subsection (a) of section 13 of the act is
20 amended by adding a clause to read:
21 Section 13. Prohibited Acts; Penalties.--(a) The following
22 acts and the causing thereof within the Commonwealth are hereby
23 prohibited:
24 * * *
25 (32) The sale, possession of, delivery or possession with
26 intent to deliver or sell controlled paraphernalia.
27 * * *
28 Section 3. Section 13 of the act is amended by adding a
29 subsection to read:
30 Section 13. Prohibited Acts; Penalties.--* * *
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1 (g.1) Any person who violates clause (32) of subsection (a)
2 is guilty of a misdemeanor and upon conviction thereof shall be
3 sentenced to imprisonment not exceeding ninety (90) days or to
4 pay a fine not to exceed fifteen hundred dollars ($1,500) or
5 both. Each sale shall constitute a separate offense.
6 * * *
7 Section 4. This act shall take effect in 60 days.
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