THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY GORDNER, ORIE, RAFFERTY, COSTA, BOSCOLA, ALLOWAY, BAKER, EICHELBERGER, ERICKSON, FONTANA, KASUNIC, KITCHEN, LOGAN, ROBBINS, TARTAGLIONE, TOMLINSON, D. WHITE, WOZNIAK, YAW AND O'PAKE, JANUARY 30, 2009

REFERRED TO JUDICIARY, JANUARY 30, 2009  

AN ACT

Amending the act of April 14, 1972 (P.L.233, No.64), entitled

"An act relating to the manufacture, sale and possession of

controlled substances, other drugs, devices and cosmetics;

conferring powers on the courts and the secretary and

Department of Health, and a newly created Pennsylvania Drug,

Device and Cosmetic Board; establishing schedules of

controlled substances; providing penalties; requiring

registration of persons engaged in the drug trade and for the

revocation or suspension of certain licenses and

registrations; and repealing an act," further providing for

prohibited acts and penalties; and providing for

methamphetamine production.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 13(c) of the act of April 14, 1972 (P.L.

233, No.64), known as The Controlled Substance, Drug, Device and

Cosmetic Act, amended December 14, 1984 (P.L.988, No.200), is

amended and subsection (a) is amended by adding a clause to

read:

Section 13.  Prohibited Acts; Penalties.--(a)  The following

acts and the causing thereof within the Commonwealth are hereby

prohibited:

* * *

(39)  The knowing possession of ephedrine, pseudoephedrine,

phenylpropanolamine or a product containing ephedrine,

pseudoephedrine, phenylpropanolamine, or any of their salts,

optical isomers or salts of optical isomers with the intent to

manufacture methamphetamine.

* * *

(c)  Any person who violates the provisions of clauses (21),

(22) [and (24)], (24) and (39) of subsection (a) shall be guilty

of a misdemeanor, and shall, on conviction thereof, be punished

only as follows:

(1)  Upon conviction of the first such offense, he shall be

sentenced to imprisonment not exceeding six months, or to pay a

fine not exceeding ten thousand dollars ($10,000), or both.

(2)  Upon conviction of the second and subsequent offense, he

shall be sentenced to imprisonment not exceeding two years, or

to pay a fine not exceeding twenty-five thousand dollars

($25,000), or both.

* * *

Section 2.  The act is amended by adding a section to read:

Section 13.3.  Methamphetamine Production.--(a)  Proof that a

person had in his possession more than 40 grams or 15 packages

of any drug containing ephedrine, pseudoephedrine,

phenylpropanolamine, or any of their salts, optical isomers or

salts of optical isomers as an active ingredient shall give rise

to a rebuttable presumption that the person acted with intent to

manufacture methamphetamine.

(b)  Proof that a person had in his possession any amount of

ephedrine, pseudoephedrine, phenylpropanolamine, or any of their

salts, optical isomers or salts of optical isomers as an active

ingredient and at the same time possessed any amount of any

precursor substance under section 13.1 shall give rise to a

rebuttable presumption that the person acted with intent to

manufacture methamphetamine.

(c)  The provisions of this section shall not apply to a

licensed pharmaceutical manufacturer, wholesaler, or the sales

representative of a licensed manufacturer or wholesaler, or to a

licensed pharmacist or licensed health care professional, or to

any other person engaged by a licensed manufacturer, wholesaler,

pharmacist or health care provider, who lawfully markets,

transports, delivers or dispenses a product containing

ephedrine, pseudoephedrine, phenylpropanolamine, or any of their

salts, optical isomers or salts of optical isomers.

Section 3.  This act shall take effect in 60 days.