PRINTER'S NO. 1244
No. 1085 Session of 1983
INTRODUCED BY CALTAGIRONE, MAY 25, 1983
REFERRED TO COMMITTEE ON JUDICIARY, MAY 25, 1983
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," providing for mandatory
11 sentences.
12 The General Assembly of the Commonwealth of Pennsylvania
13 hereby enacts as follows:
14 Section 1. Section 13(f) of the act of April 14, 1972
15 (P.L.233, No.64), known as The Controlled Substance, Drug,
16 Device and Cosmetic Act, amended November 26, 1978 (P.L.1392,
17 No.328), is 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
1 guilty of a felony and upon conviction thereof shall be
2 sentenced to imprisonment not less than five years not exceeding
3 fifteen years, [or] and to pay a fine not less than one hundred
4 thousand dollars ($100,000) and not exceeding two hundred fifty
5 thousand dollars ($250,000), [or both] or such larger amount as
6 is sufficient to exhaust the assets utilized in and the profits
7 obtained from the illegal activity.
8 (1.1) Phencyclidine and methamphetamine, including its
9 salts, isomers and salts of isomers, is guilty of a felony and
10 upon conviction thereof shall be sentenced to imprisonment not
11 less than five years and not exceeding ten years, [or] and to
12 pay a fine not [exceeding] less than one hundred thousand
13 dollars ($100,000), [or both,] or such larger amount as is
14 sufficient to exhaust the assets utilized in and the profits
15 obtained from the illegal manufacture or distribution of these
16 substances.
17 (2) Any other controlled substance or counterfeit substance
18 classified in Schedule I, II, or III, is guilty of a felony and
19 upon conviction thereof shall be sentenced to imprisonment not
20 exceeding five years, or to pay a fine not exceeding fifteen
21 thousand dollars ($15,000), or both.
22 (3) A controlled substance or counterfeit substance
23 classified in Schedule IV, is guilty of a felony and upon
24 conviction thereof shall be sentenced to imprisonment not
25 exceeding three years, or to pay a fine not exceeding ten
26 thousand dollars ($10,000), or both.
27 (4) A controlled substance or counterfeit substance
28 classified in Schedule V, is guilty of a misdemeanor and upon
29 conviction thereof shall be sentenced to imprisonment not
30 exceeding one year, or to pay a fine not exceeding five thousand
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1 dollars ($5,000), or both.
2 * * *
3 Section 2. This act shall take effect in 60 days.
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