PRINTER'S NO. 1021
No. 865 Session of 2007
INTRODUCED BY HESS, STERN, PHILLIPS, BAKER, BOYD, CAPPELLI, COX, FLECK, M. KELLER, KOTIK, MAHONEY, MARSICO, MENSCH, MURT, K. SMITH, TRUE AND VULAKOVICH, MARCH 22, 2007
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 22, 2007
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 prohibited acts and penalties. 12 The General Assembly of the Commonwealth of Pennsylvania 13 hereby enacts as follows: 14 Section 1. Section 13(a)(16), (b) and (i) of the act of 15 April 14, 1972 (P.L.233, No.64), known as The Controlled 16 Substance, Drug, Device and Cosmetic Act, amended December 14, 17 1984 (P.L.988, No.200) and December 22, 1989 (P.L.750, No.104), 18 are amended, subsection (a) is amended by adding a clause and 19 the section is amended by adding a subsection to read: 20 Section 13. Prohibited Acts; Penalties.--(a) The following 21 acts and the causing thereof within the Commonwealth are hereby 22 prohibited:
1 * * * 2 (16) Knowingly or intentionally possessing a controlled or 3 counterfeit substance classified in Schedule III, IV or V by a 4 person not registered under this act, or a practitioner not 5 registered or licensed by the appropriate State board, unless 6 the substance was obtained directly from, or pursuant to, a 7 valid prescription order or order of a practitioner, or except 8 as otherwise authorized by this act. 9 (16.1) Knowingly or intentionally possessing a controlled or 10 counterfeit substance classified in Schedule I or II by a person 11 not registered under this act, or a practitioner not registered 12 or licensed by the appropriate State board, unless the substance 13 was obtained directly from, or pursuant to, a valid prescription 14 order or order of a practitioner, or except as otherwise 15 authorized by this act. 16 * * * 17 (b) Any person who violates any of the provisions of clauses 18 (1) through (11), (13) [and (15)], (15), (16), (17) through (20) 19 or (37) of subsection (a) shall be guilty of a misdemeanor, and 20 except for clauses (4), (6), (7), (8), (9) and (19) shall, on 21 conviction thereof, be sentenced to imprisonment not exceeding 22 one year or to pay a fine not exceeding five thousand dollars 23 ($5,000), or both, and for clauses (4), (6), (7), (8), (9) and 24 (19) shall, on conviction thereof, be sentenced to imprisonment 25 not exceeding three years or to pay a fine not exceeding five 26 thousand dollars ($5,000), or both; but, if the violation is 27 committed after a prior conviction of such person for a 28 violation of this act under this section has become final, such 29 person shall be sentenced to imprisonment not exceeding three 30 years or to pay a fine not exceeding twenty-five thousand 20070H0865B1021 - 2 -
1 dollars ($25,000), or both. 2 (b.1) Any person who violates clause (16.1) is guilty of a 3 misdemeanor and upon conviction thereof shall be sentenced to 4 imprisonment not exceeding two years, or to pay a fine not 5 exceeding ten thousand dollars ($10,000), or both, but, if the 6 violation is committed after a prior conviction of such person 7 for a violation of this act under this section has become final, 8 such person shall be sentenced to imprisonment not exceeding 9 three years, or to pay a fine not exceeding twenty-five thousand 10 dollars ($25,000), or both. 11 * * * 12 (i) Any person who violates clauses (32), (33) and (34) of 13 subsection (a) is guilty of a misdemeanor and upon conviction 14 thereof shall be sentenced as follows: 15 (1) For the first offense, the person shall be sentenced 16 to pay a fine not exceeding two thousand five hundred dollars 17 ($2,500) or to imprisonment not exceeding one (1) year, or 18 both. 19 (2) For the second and subsequent offense, the person 20 shall be sentenced to pay a fine not exceeding five thousand 21 dollars ($5,000) or to imprisonment not exceeding two (2) 22 years, or both. 23 Any person who violates clause (33) by delivering drug 24 paraphernalia to a person under eighteen (18) years of age who 25 is three (3) or more years his junior shall be guilty of the 26 following: 27 (1) For the first offense, a misdemeanor of the second 28 degree and upon conviction thereof the person shall be 29 sentenced to pay a fine not exceeding five thousand dollars 30 ($5,000) or to imprisonment not exceeding two (2) years, or 20070H0865B1021 - 3 -
1 both. 2 (2) For the second and subsequent offense, a misdemeanor 3 and upon conviction thereof the person shall be sentenced to 4 pay a fine not exceeding ten thousand dollars ($10,000) or to 5 imprisonment not exceeding three (3) years, or both. 6 * * * 7 Section 2. This act shall take effect in 60 days. A31L35AJM/20070H0865B1021 - 4 -