Regular Session 2021-2022 House Bill 1393 P.N. 3253

PRIOR PRINTER'S NOS. 1509, 3145

PRINTER'S NO. 3253

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1393

Session of

2021

INTRODUCED BY STRUZZI, HILL-EVANS, POLINCHOCK, SMITH, CIRESI,

ROWE, D. MILLER, BOBACK, HANBIDGE, RIGBY, BRIGGS, T. DAVIS,

KRAJEWSKI, SAMUELSON, SHUSTERMAN, BENHAM, LEE, SCHLOSSBERG,

PISCIOTTANO, DEASY, FRANKEL, COVINGTON, ABNEY, A. DAVIS AND

C. WILLIAMS, MAY 14, 2021

AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,

JUNE 15, 2022

AN ACT

Amending the act of April 14, 1972 (P.L.233, No.64), entitled

"An act relating to the manufacture, sale and possession of

controlled substances, other drugs, devices and cosmetics;

conferring powers on the courts and the secretary and

Department of Health, and a newly created Pennsylvania Drug,

Device and Cosmetic Board; establishing schedules of

controlled substances; providing penalties; requiring

registration of persons engaged in the drug trade and for the

revocation or suspension of certain licenses and

registrations; and repealing an act," further providing for

definitions.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The definition of "drug paraphernalia" in section

2(b) of the act of April 14, 1972 (P.L.233, No.64), known as The

Controlled Substance, Drug, Device and Cosmetic Act, is amended

to read:

Section 2. Definitions.--* * *

(b) As used in this act:

* * *

"Drug paraphernalia" means all equipment, products and

materials of any kind which are used, intended for use or

designed for use in planting, propagating, cultivating, growing,

harvesting, manufacturing, compounding, converting, producing,

processing, preparing, testing, analyzing, packaging,

repackaging, storing, containing, concealing, injecting,

ingesting, inhaling or otherwise introducing into the human body

a controlled substance in violation of this act. It includes,

but is not limited to:

(1) Kits used, intended for use or designed for use in

planting, propagating, cultivating, growing or harvesting of any

species of plant which is a controlled substance or from which a

controlled substance can be derived.

(2) Kits used, intended for use or designed for use in

manufacturing, compounding, converting, producing, processing or

preparing controlled substances.

(3) Isomerization devices used, intended for use or designed

for use in increasing the potency of any species of plant which

is a controlled substance.

(4) Testing equipment used, intended for use or designed for

use in identifying or in analyzing the strength, effectiveness

or purity of controlled substances.

(5) Scales and balances used, intended for use or designed

for use in weighing or measuring controlled substances.

(6) Diluents and adulterants, such as quinine hydrochloride,

mannitol, mannite, dextrose and lactose, used, intended for use

or designed for use in cutting controlled substances.

(7) Separation gins and sifters used, intended for use or

designed for use in removing twigs and seeds from or in

otherwise cleaning or refining marihuana.

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(8) Blenders, bowls, containers, spoons and mixing devices

used, intended for use or designed for use in compounding

controlled substances.

(9) Capsules, balloons, envelopes and other containers used,

intended for use or designed for use in packaging small

quantities of controlled substances.

(10) Containers and other objects used, intended for use or

designed for use in storing or concealing controlled substances.

(11) Hypodermic syringes, needles and other objects used,

intended for use, or designed for use in parenterally injected

controlled substances into the human body.

(12) Objects used, intended for use or designed for use in

ingesting, inhaling or otherwise introducing marihuana, cocaine,

hashish or hashish oil into the human body, such as:

(i) Metal, wooden, acrylic, glass, stone, plastic or ceramic

pipes with or without screens, permanent screens, hashish heads

or punctured metal bowls.

(ii) Water pipes.

(iii) Carburetion tubes and devices.

(iv) Smoking and carburetion masks.

(v) Roach clips; meaning objects used to hold burning

material such as a marihuana cigarette, that has become too

small or too short to be held in the hand.

(vi) Miniature cocaine spoons and cocaine vials.

(vii) Chamber pipes.

(viii) Carburetor pipes.

(ix) Electric pipes.

(x) Air-driven pipes.

(xi) Chillums.

(xii) Bongs.

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(xiii) Ice pipes or chillers.

In determining whether an object is drug paraphernalia, a

court or other authority should consider, in addition to all

other logically relevant factors, statements by an owner or by

anyone in control of the object concerning its use, prior

convictions, if any, of an owner, or of anyone in control of the

object, under any State or Federal law relating to any

controlled substance, the proximity of the object, in time and

space, to a direct violation of this act, the proximity of the

object to controlled substances, the existence of any residue of

controlled substances on the object, direct or circumstantial

evidence of the intent of an owner, or of anyone in control of

the object, to deliver it to persons who he knows, or should

reasonably know, intend to use the object to facilitate a

violation of this act, the innocence of an owner or of anyone in

control of the object, as to a direct violation of this act

should not prevent a finding that the object is intended for use

or designed for use as drug paraphernalia, instructions, oral or

written, provided with the object concerning its use,

descriptive materials accompanying the object which explain or

depict its use, national and local advertising concerning its

use, the manner in which the object is displayed for sale,

whether the owner, or anyone in control of the object, is a

legitimate supplier of like or related items to the community,

such as a licensed distributor or dealer of tobacco products,

direct or circumstantial evidence of the ratio of sales of the

objects to the total sales of the business enterprise, the

existence and scope of legitimate uses for the object in the

community, and expert testimony concerning its use.

This definition does not include testing products utilized

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for personal use in determining whether a controlled substance

contains chemicals, toxic substances or hazardous compounds in

quantities which can cause physical harm or death. The term

"testing products" shall include, but is not limited to,

fentanyl test strips.

* * *

Section 2. This act shall take effect in 60 days.

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