PRINTER'S NO. 3178
No. 2434 Session of 1980
INTRODUCED BY DURHAM, ALDEN, GLADECK, ARTY, MICOZZIE, SPITZ,
FREIND AND KLINGAMAN, APRIL 1, 1980
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 1, 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," making it unlawful to
11 manufacture, possess or deliver controlled 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 "Controlled paraphernalia" means (i) a hypodermic syringe,
22 needle, or any other instrument or implement or combination
1 thereof adapted for the administration of controlled substances
2 by injection, inhalation or ingestion; cigarette papers, water
3 pipes or other unusual pipes or devices commonly used for
4 smoking controlled substances, small spoons, scoops and vials
5 commonly used in administering controlled substances; devices
6 known as "roach dips" and any other device commonly used in
7 administering controlled substances, under circumstances,
8 including not but limited to, the close proximity to other
9 controlled paraphernalia which reasonably indicate an intention
10 to use or possess such controlled paraphernalia for purposes of
11 unlawfully administering any controlled substance.
12 (ii) Diluents, dilutants or adulterants, including but not
13 limited to, any of the following: guinine, hydrochloride,
14 mannitol, mannite, lactose or dextrose, adapted for the dilution
15 of controlled substances under circumstances, including but not
16 limited to, the close proximity to other controlled
17 paraphernalia, which reasonably indicate an intention to use or
18 possess such controlled paraphernalia for purposes of unlawfully
19 diluting or processing any controlled substance.
20 (iii) Gelatin capsules, glassine envelopes, or any other
21 materials suitable for the packing of individual quantities of
22 controlled substances under circumstances, including but not
23 limited to, the close proximity to other controlled
24 paraphernalia, which reasonably indicate an intention to use or
25 possess any such item for the unlawful manufacture,
26 distribution, or dispensing of any such controlled substance.
27 * * *
28 Section 2. Subsection (a) of section 13 of the act is
29 amended by adding a clause to read:
30 Section 13. Prohibited Acts; Penalties.--(a) The following
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1 acts and the causing thereof within the Commonwealth are hereby
2 prohibited:
3 * * *
4 (32) The manufacture, possession of, delivery, or possession
5 with intent to deliver, controlled paraphernalia.
6 * * *
7 Section 3. Subsection (d) of section 13 of the act is
8 amended to read:
9 Section 13. Prohibited Acts; Penalties.--* * *
10 (d) Any person who knowingly or intentionally violates
11 clause (23) or (32) of subsection (a) is guilty of a misdemeanor
12 and upon conviction thereof shall be sentenced to imprisonment
13 not exceeding three years, or to pay a fine not exceeding
14 fifteen thousand dollars ($15,000), or both.
15 * * *
16 Section 4. This act shall take effect in 60 days.
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