PRINTER'S NO. 57
No. 57 Session of 1975
INTRODUCED BY HOLL, FEBRUARY 4, 1975
REFERRED TO JUDICIARY, FEBRUARY 4, 1975
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," changing certain
11 penalties and denying probation in certain instances.
12 The General Assembly of the Commonwealth of Pennsylvania
13 hereby enacts as follows:
14 Section 1. Clauses (1), (2) and (3) of subsection (f) of
15 section 13, act of April 14, 1972 (P.L.233, No.64), known as
16 "The Controlled Substance, Drug, Device and Cosmetic Act,"
17 amended December 30, 1974 (No.340), are amended to read:
18 Section 13. Prohibited Acts; Penalties.--* * *
19 (f) Any person who violates clause (14) or clause (30) of
20 subsection (a) with respect to:
21 (1) A controlled substance or counterfeit substance
22 classified in Schedule I or II which is a narcotic drug, is
23 guilty of a felony and upon conviction thereof shall be
1 sentenced to imprisonment [not exceeding fifteen] for twenty
2 years, or to pay a fine not exceeding two hundred fifty thousand
3 dollars ($250,000), or both or such larger amount as is
4 sufficient to exhaust the assets utilized in and the profits
5 obtained from the illegal activity.
6 (2) Any other controlled substance or counterfeit substance
7 classified in Schedule I, II, or III, is guilty of a felony and
8 upon conviction thereof shall be sentenced to imprisonment [not
9 exceeding five] for twenty years, or to pay a fine not exceeding
10 fifteen thousand dollars ($15,000), or both.
11 (3) A controlled substance or counterfeit substance
12 classified in Schedule IV, is guilty of a felony and upon
13 conviction thereof shall be sentenced to imprisonment [not
14 exceeding three] for twenty years, or to pay a fine not
15 exceeding ten thousand dollars ($10,000), or both.
16 * * *
17 Section 2. The first paragraph of section 17 of the act,
18 amended October 26, 1972 (P.L.1048, No.263), is amended to read:
19 Section 17. Probation Without Verdict.--[A] Except in the
20 case of a person sentenced under clauses (1), (2) and (3) of
21 subsection (f) of section 13 for a violation of clause (30) of
22 subsection (a) of section 13, a person may be entitled to
23 probation without verdict under the following circumstances:
24 * * *
A27L32JKD/19750S0057B0057 - 2 -