SENATE AMENDED
PRIOR PRINTER'S NO. 162 PRINTER'S NO. 1345
No. 152 Session of 1997
INTRODUCED BY MARSICO, GANNON, LAUGHLIN, YOUNGBLOOD, CLARK,
HENNESSEY, TRUE, GIGLIOTTI, SATHER, FARGO, FLEAGLE, SCHULER,
ZUG, MILLER, MELIO, FICHTER, GODSHALL, HALUSKA, GORDNER,
FAIRCHILD, ROONEY, COY, EGOLF, HERSHEY, TRAVAGLIO, STABACK,
CURRY, HERMAN, CORPORA, J. TAYLOR, COLAFELLA, JAMES, ALLEN,
SEMMEL, CORNELL, BARD, FEESE, LYNCH, LUCYK, BROWNE, RAMOS,
E. Z. TAYLOR, TIGUE, LEDERER, REINARD, TRELLO, DELUCA,
STEELMAN, WAUGH, PHILLIPS, TULLI, DIGIROLAMO, THOMAS,
BELARDI, ORIE AND ROSS, JANUARY 29, 1997
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, APRIL 7, 1997
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, FURTHER PROVIDING FOR SENTENCING AND <--
3 PENALTIES FOR TRAFFICKING DRUGS TO MINORS; prohibiting the
4 provision of certain stimulants to minors; and providing
5 penalties.
6 The General Assembly finds and declares as follows:
7 (1) That look-alike or act-alike drugs are those drugs
8 which are regularly marketed as stimulants or weight-loss
9 aids and in their appearance look and in their effect act
10 upon the body like illegal stimulants containing
11 amphetamines.
12 (2) That look-alike or act-alike drugs are composed of
13 various forms of ephedrine.
14 (3) That these look-alike or act-alike drugs are readily
15 available to the public, regardless of age.
1 (4) That many children employ the use of look-alike or
2 act-alike drugs as a starter drug prior to the use of illegal
3 controlled substances.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 18 of the Pennsylvania Consolidated <--
7 Statutes is amended by adding a section to read:
8 SECTION 1. SECTION 6314(B) OF TITLE 18 OF THE PENNSYLVANIA <--
9 CONSOLIDATED STATUTES IS AMENDED TO READ:
10 § 6314. SENTENCING AND PENALTIES FOR TRAFFICKING DRUGS TO
11 MINORS.
12 * * *
13 (B) ADDITIONAL PENALTIES.--IN ADDITION TO THE MANDATORY
14 MINIMUM SENTENCE SET FORTH IN SUBSECTION (A), THE PERSON SHALL
15 BE SENTENCED TO AN ADDITIONAL MINIMUM SENTENCE OF AT LEAST TWO
16 YEARS TOTAL CONFINEMENT, NOTWITHSTANDING ANY OTHER PROVISION OF
17 THIS TITLE OR OTHER STATUTE TO THE CONTRARY, IF THE PERSON DID
18 ANY OF THE FOLLOWING:
19 (1) COMMITTED THE OFFENSE WITH THE INTENT TO PROMOTE THE
20 HABITUAL USE OF THE CONTROLLED SUBSTANCE.
21 (2) INTENDED TO ENGAGE THE MINOR IN THE TRAFFICKING,
22 TRANSPORTATION, DELIVERY, MANUFACTURING, SALE OR CONVEYANCE.
23 (3) COMMITTED THE OFFENSE WITHIN 1,000 FEET OF THE REAL
24 PROPERTY ON WHICH IS LOCATED A PUBLIC, PRIVATE OR PAROCHIAL
25 SCHOOL OR A COLLEGE OR UNIVERSITY.
26 (4) COMMITTED THE OFFENSE ON A SCHOOL BUS OR WITHIN 500
27 FEET OF A SCHOOL BUS STOP.
28 * * *
29 SECTION 2. TITLE 18 IS AMENDED BY ADDING A SECTION TO READ:
30 § 6316. Selling or furnishing certain stimulants to minors.
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1 (a) Offense defined.--A person commits a summary offense if
2 he knowingly sells or purchases with the intent to sell
3 ephedrine to a person who is less than 18 years of age.
4 (b) Penalty.--A person who is convicted of violating
5 subsection (a) shall be sentenced to pay a fine of not less than
6 $250 nor more than $500 for the first violation and a fine of
7 $500 for each subsequent violation.
8 (c) Definitions.--As used in this section, the following
9 words and phrases shall have the meanings given to them in this
10 subsection:
11 "Ephedrine."
12 (1) Except as provided in paragraph (2), any product
13 that contains any quantity of ephedrine, a salt of ephedrine,
14 an optical isomer of ephedrine or a salt of an optical isomer
15 of ephedrine.
16 (2) The term does not include a product containing
17 ephedrine if it may lawfully be sold over the counter without
18 a prescription under the Federal Food, Drug, and Cosmetic Act
19 (52 Stat. 1040, 21 U.S.C. § 301 et seq.); is labeled and
20 marketed in a manner consistent with the pertinent OTC
21 Tentative Final or Final Monograph; is manufactured and
22 distributed for legitimate medicinal use in a manner that
23 reduces or eliminates the likelihood of abuse; and as
24 described as follows:
25 (i) Solid oral dosage forms, including soft gelatin
26 caplets, that combine active ingredients in the following
27 ranges for each dosage unit:
28 (A) Theophylline (100-130 mg), ephedrine (12.5-
29 24 mg).
30 (B) Theophylline (60-100 mg), ephedrine (12.5-24
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1 mg), guaifenesin (200-400 mg).
2 (C) Ephedrine (12.5-25 mg), guaifenesin (200-400
3 mg).
4 (D) Phenobarbital (not greater than 8 mg) in
5 combination with the ingredients of clause (A) or
6 (B).
7 (ii) Liquid oral dosage forms that combine active
8 ingredients in the following ranges for each 5 ml dose:
9 (A) Theophylline (not greater than 45 mg),
10 ephedrine (not greater than 36 mg), guaifenesin (not
11 greater than 100 mg), phenobarbital (not greater than
12 12 mg).
13 (B) Phenylephephrine (not greater than 5 mg),
14 ephedrine (not greater than 5 mg), chlorpheniramine
15 (not greater than 2 mg), dextromethorphan (not
16 greater than 10 mg), ammonium Cl (not greater than 40
17 mg), ipecac fluid extract (not greater than 0.005
18 ml).
19 (iii) Anorectal preparations containing less than 5%
20 ephedrine.
21 (iv) Any liquid compound, mixture or preparation
22 containing 0.5% or less of ephedrine.
23 Section 2 3. This act shall take effect in 60 days. <--
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