PRINTER'S NO. 334
No. 298 Session of 2007
INTRODUCED BY RAFFERTY, STACK, ERICKSON, KASUNIC, ORIE, RHOADES
AND LOGAN, MARCH 9, 2007
REFERRED TO JUDICIARY, MARCH 9, 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," providing for the
11 offense of tampering with package or receptacle; and
12 prescribing a penalty.
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 Section 1. The act of April 14, 1972 (P.L.233, No.64), known
16 as The Controlled Substance, Drug, Device and Cosmetic Act, is
17 amended by adding a section to read:
18 Section 9.1. Tampering With Package or Receptacle.--(a) A
19 person commits an offense if he intentionally tampers with a
20 package or receptacle or with the contents of a package or
21 receptacle containing a controlled substance that is lawfully
22 manufactured.
1 (b) This offense shall be graded as a felony.
2 (c) "Tampers with" means to intentionally and unlawfully
3 change, substitute, alter by or through deception or theft a
4 controlled substance that is lawfully manufactured when the
5 change, substitution or alteration is not done pursuant to a
6 valid order of a licensed practitioner in the normal course of
7 professional practice.
8 Section 2. This act shall take effect in 60 days.
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