PRINTER'S NO. 305
No. 267 Session of 2003
INTRODUCED BY REICHLEY, YOUNGBLOOD, WILT, FAIRCHILD, BELFANTI,
GORDNER, HERMAN, MANN, MARKOSEK, REED, ZUG, R. MILLER,
HENNESSEY, WASHINGTON, HORSEY, ARGALL, HARHART, KELLER,
SEMMEL, GEIST, ALLEN, SOLOBAY AND TURZAI, FEBRUARY 12, 2003
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 12, 2003
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for drug trafficking
3 sentencing and penalties.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 7508(a)(8) of Title 18 of the
7 Pennsylvania Consolidated Statutes, added December 9, 2002
8 (P.L.1439, No.183), is amended to read:
9 § 7508. Drug trafficking sentencing and penalties.
10 (a) General rule.--Notwithstanding any other provisions of
11 this or any other act to the contrary, the following provisions
12 shall apply:
13 * * *
14 (8) A person who is convicted of violating section
15 13(a)(14), (30) or (37) of The Controlled Substance, Drug,
16 Device and Cosmetic Act where the controlled substance or a
17 mixture containing it is [3,4-methylenedioxyamphetamine] 3,4-
1 methylenedioxymethamphetamine; 3,4-methylenedioxy-N-
2 ethylamphetamine; N-hydroxy-3,4-methylenedioxyamphetamine; or
3 their salts, isomers and salts of isomers, whenever the
4 existence of such salts, isomers and salts of isomers is
5 possible within the specific chemical designation, shall upon
6 conviction, be sentenced as set forth in this paragraph:
7 (i) When the aggregate weight of the compound or
8 mixture containing the substance involved is at least 50
9 tablets, capsules, caplets or other dosage units, or 15
10 grams and less than 100 tablets, capsules, caplets or
11 other dosage units, or less than 30 grams, the person is
12 guilty of a felony and upon conviction thereof shall be
13 sentenced to imprisonment not exceeding five years, or to
14 pay a fine not exceeding $15,000, or both.
15 (ii) When the aggregate weight of the compound or
16 mixture containing the substance involved is at least 100
17 tablets, capsules, caplets or other dosage units, or 30
18 grams and less than 1,000 tablets, capsules, caplets or
19 other dosage units, or less than 300 grams, the person is
20 guilty of a felony and upon conviction thereof shall be
21 sentenced to imprisonment not exceeding ten years, or to
22 pay a fine not exceeding $100,000, or both.
23 (iii) When the aggregate weight of the compound or
24 mixture containing the substance involved is at least
25 1,000 tablets, capsules, caplets or other dosage units,
26 or 300 grams, the person is guilty of a felony and upon
27 conviction thereof shall be sentenced to imprisonment not
28 exceeding 15 years, or to pay a fine not exceeding
29 $250,000, or both.
30 * * *
20030H0267B0305 - 2 -
1 Section 2. This act shall take effect in 60 days.
A16L18MSP/20030H0267B0305 - 3 -