PRINTER'S NO. 488
No. 456 Session of 1979
INTRODUCED BY JONES, GIAMMARCO, DiCARLO, RICHARDSON, SHADDING,
ZITTERMAN, KLINGAMAN, GRAY, MANDERINO, STUBAN, BURNS, WILSON,
PUCCIARELLI, J. J. JOHNSON AND A. C. FOSTER, JR.,
MARCH 5, 1979
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 5, 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," prohibiting the
11 acquisition, receipt, possession, storage, sale or
12 distribution of controlled paraphernalia.
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 Section 1. Subsection (a) of section 13, act of April 14,
16 1972 (P.L.233, No.64), known as "The Controlled Substance, Drug,
17 Device and Cosmetic Act," is amended by adding a clause to read:
18 Section 13. Prohibited Acts; Penalties.--(a) The following
19 acts and the causing thereof within the Commonwealth are hereby
20 prohibited:
21 * * *
22 (32) To acquire, receive, possess, store, sell or distribute
1 controlled paraphernalia which shall mean:
2 (i) Hypodermic syringes, needles or other instruments or
3 combination thereof adapted for the administration of controlled
4 substances by intravenous injections; cigarette papers, water
5 pipes or other unusual pipes or devices commonly used for
6 smoking controlled substances, small spoons, scoops and vials
7 commonly used in administering controlled substances; devices
8 known as "roach dips" and any other device commonly used in
9 administering controlled substances, under circumstances,
10 including but not limited to, the close proximity to other
11 controlled paraphernalia which reasonably indicate an intention
12 to use or possess such controlled paraphernalia for purposes of
13 unlawfully administering any controlled substance.
14 (ii) Diluents, dilutants or adulterants, including but not
15 limited to, any of the following, quinine, hydrochloride,
16 mannitol, mannite, lactose or dextrose, adapted for the dilution
17 of controlled substances under circumstances, including but not
18 limited to, the close proximity to other controlled
19 paraphernalia, which reasonably indicate an intention to use or
20 possess such controlled paraphernalia for purposes of unlawfully
21 diluting or processing any controlled substance.
22 (iii) Gelatin capsules, glassine envelopes, or any other
23 materials suitable for the packing of individual quantities of
24 controlled substances under circumstances, including but not
25 limited to, the close proximity to other controlled
26 paraphernalia, which reasonably indicate an intention to use or
27 possess any such item for the unlawful manufacture,
28 distribution, or dispensing of any such controlled substance.
29 * * *
30 Section 2. This act shall take effect in 60 days.
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