PRINTER'S NO. 3066

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2349 Session of 1982


        INTRODUCED BY GREENWOOD, J. L. WRIGHT, GALLAGHER, CLYMER, BURNS,
           WILSON, CORDISCO, POTT, STUBAN, FLECK, FRAZIER, MORRIS,
           B. SMITH, PETERSON, BELFANTI, PRATT, BOYES, DAVIES, RASCO,
           SIEMINSKI, MERRY, PUCCIARELLI, JOHNSON, MAIALE AND DAIKELER,
           MARCH 23, 1982

        REFERRED TO COMMITTEE ON HEALTH AND WELFARE, MARCH 23, 1982

                                     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," further providing for
    11     penalties regarding phencyclidine and methamphetamine and
    12     related drugs.

    13     The General Assembly of the Commonwealth of Pennsylvania
    14  hereby enacts as follows:
    15     Section 1.  Clause (1.1) of subsection (f) of section 13, act
    16  of April 14, 1972 (P.L.233, No.64), known as "The Controlled
    17  Substance, Drug, Device and Cosmetic Act," amended November 26,
    18  1978 (P.L.1392, No.328), is amended to read:
    19     Section 13.  Prohibited Acts; Penalties.--* * *
    20     (f)  Any person who violates clause (14) or clause (30) of
    21  subsection (a) with respect to:


     1     * * *
     2     (1.1)  Phencyclidine and methamphetamine, including its
     3  salts, isomers and salts of isomers, is guilty of a felony and
     4  upon conviction thereof shall be sentenced to imprisonment not
     5  [exceeding] less than one year, nor more than ten years, or to
     6  pay a fine not exceeding one hundred thousand dollars
     7  ($100,000), or both, or such larger amount as is sufficient to
     8  exhaust the assets utilized in and the profits obtained from the
     9  illegal manufacture or distribution of these substances.
    10  Neither, probation without verdict, nor accelerated
    11  rehabilitative disposition shall be available to any person who
    12  manufactures drugs enumerated in this clause.
    13     * * *
    14     Section 2.  This act shall take effect immediately.











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