PRIOR PRINTER'S NO. 3066 PRINTER'S NO. 3293
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, DAIKELER,
WOZNIAK AND ARTY, MARCH 23, 1982
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
MAY 5, 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 MANUFACTURE OF phencyclidine and <--
12 methamphetamine and 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, EXCEPT THAT ANY PERSON UPON CONVICTION OF <--
8 UNLAWFUL MANUFACTURE SHALL BE SENTENCED TO IMPRISONMENT OF NOT
9 LESS THAN ONE YEAR NOR MORE THAN TEN YEARS AND TO PAY A FINE NOT
10 EXCEEDING ONE HUNDRED THOUSAND DOLLARS ($100,000) or such larger
11 amount as is sufficient to exhaust the assets utilized in and
12 the profits obtained from the illegal manufacture or
13 distribution of these substances. Neither, probation without
14 verdict, nor accelerated rehabilitative disposition shall be
15 available to any person who manufactures drugs enumerated in
16 this clause.
17 * * *
18 Section 2. This act shall take effect immediately.
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