PRINTER'S NO. 3359
No. 2522 Session of 1996
INTRODUCED BY MARSICO, SCHULER, BELARDI, COY, STISH, SATHER,
SAYLOR, FARGO, MELIO, FICHTER, TRUE, CLARK, PHILLIPS, LYNCH,
SCHRODER, MERRY, HERSHEY, WALKO, LEDERER, GEIST, CORRIGAN,
MILLER, STABACK, ROHRER, J. TAYLOR, ALLEN, DiGIROLAMO,
TRELLO, HENNESSEY, BROWNE, WAUGH, E. Z. TAYLOR, YOUNGBLOOD,
ROONEY, EGOLF, FAJT, RAMOS, CORNELL AND CORPORA,
APRIL 1, 1996
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 1, 1996
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, prohibiting the provision of certain
3 stimulants to minors; and providing penalties.
4 The General Assembly finds and declares as follows:
5 (1) That look-alike or act-alike drugs are those drugs
6 which are regularly marketed as stimulants or weight-loss
7 aids and in their appearance look and in their effect act
8 upon the body like illegal stimulants containing
9 amphetamines.
10 (2) That look-alike or act-alike drugs are composed of
11 three primary ingredients: ephedrine hydrochloride, caffeine
12 and phenylpropanolamine HCL.
13 (3) That these look-alike or act-alike drugs are readily
14 available to the public, regardless of age.
15 (4) That many children employ the use of look-alike or
16 act-alike drugs as a starter drug prior to the use of illegal
1 controlled substances.
2 The General Assembly of the Commonwealth of Pennsylvania
3 hereby enacts as follows:
4 Section 1. Title 18 of the Pennsylvania Consolidated
5 Statutes is amended by adding a section to read:
6 § 6315. Selling or furnishing certain stimulants to minors.
7 (a) Offense defined.--A person commits a summary offense if
8 he knowingly sells, or purchases with the intent to sell,
9 caffeine, ephedrine hydrochloride or phenylpropanolamine HCL to
10 a person who is less than 18 years of age.
11 (b) Penalty.--A person who is convicted of violating
12 subsection (a) shall be sentenced to pay a fine of not less than
13 $250 nor more than $500 for the first violation and a fine of
14 $500 for each subsequent violation.
15 (c) Definitions.--As used in this section, the following
16 words and phrases shall have the meanings given to them in this
17 subsection:
18 "Caffeine." Any substance which contains caffeine as an
19 ingredient in a single dosage concentration of 200 milligrams or
20 greater.
21 "Ephedrine hydrochloride." Any substance which contains
22 ephedrine hydrochloride as an ingredient in a single dosage
23 concentration of 25 milligrams or greater.
24 "Phenylpropanolamine HCL." Any substance which contains
25 phenylpropanolamine as an ingredient in a single dosage
26 concentration of 75 milligrams or greater.
27 Section 2. This act shall take effect in 60 days.
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