THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY HESS, BAKER, BARRAR, BOYD, D. COSTA, DeLUCA, GEIST, M.K. KELLER, MARSICO, MURT, PYLE, READSHAW, ROCK, STERN AND VULAKOVICH, JANUARY 27, 2011

REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 27, 2011  

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.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 13(a)(16), (b) and (i) 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) and December 22, 1989 (P.L.750, No.104),

are amended, subsection (a) is amended by adding a clause and

the section is amended by adding a subsection to read:

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

acts and the causing thereof within the Commonwealth are hereby

prohibited:

* * *

(16)  Knowingly or intentionally possessing a controlled or

counterfeit substance classified in Schedule III, IV or V by a

person not registered under this act, or a practitioner not

registered or licensed by the appropriate State board, unless

the substance was obtained directly from, or pursuant to, a

valid prescription order or order of a practitioner, or except

as otherwise authorized by this act.

(16.1)  Knowingly or intentionally possessing a controlled or

counterfeit substance classified in Schedule I or II by a person

not registered under this act, or a practitioner not registered

or licensed by the appropriate State board, unless the substance

was obtained directly from, or pursuant to, a valid prescription

order or order of a practitioner, or except as otherwise

authorized by this act.

* * *

(b)  Any person who violates any of the provisions of clauses

(1) through (11), (13) [and (15)], (15), (16), (17) through (20)

or (37) of subsection (a) shall be guilty of a misdemeanor, and

except for clauses (4), (6), (7), (8), (9) and (19) shall, on

conviction thereof, be sentenced to imprisonment not exceeding

one year or to pay a fine not exceeding five thousand dollars

($5,000), or both, and for clauses (4), (6), (7), (8), (9) and

(19) shall, on conviction thereof, be sentenced to imprisonment

not exceeding three years or to pay a fine not exceeding five

thousand dollars ($5,000), or both; but, if the violation is

committed after a prior conviction of such person for a

violation of this act under this section has become final, such

person shall be sentenced to imprisonment not exceeding three

years or to pay a fine not exceeding twenty-five thousand

dollars ($25,000), or both.

(b.1)  Any person who violates clause (16.1) is guilty of a

misdemeanor and upon conviction thereof shall be sentenced to

imprisonment not exceeding two years, or to pay a fine not

exceeding ten thousand dollars ($10,000), or both, but, if the

violation is committed after a prior conviction of such person

for a violation of this act under this section has become final,

such person shall be sentenced to imprisonment not exceeding

three years, or to pay a fine not exceeding twenty-five thousand

dollars ($25,000), or both.

* * *

(i)  (1)  Any person who violates clauses (32), (33) and (34)

of subsection (a) is guilty of a misdemeanor and upon conviction

thereof shall be sentenced as follows:

(i)  For the first offense, the person shall be sentenced to

pay a fine not exceeding two thousand five hundred dollars

($2,500) or to imprisonment not exceeding one (1) year, or both.

(ii)  For the second and subsequent offense, the person shall

be sentenced to pay a fine not exceeding five thousand dollars

($5,000) or to imprisonment not exceeding two (2) years, or

both.

(2)  Any person who violates clause (33) by delivering drug

paraphernalia to a person under eighteen (18) years of age who

is three (3) or more years his junior shall be guilty of the

following:

(i)  For the first offense, a misdemeanor of the second

degree and upon conviction thereof the person shall be sentenced

to pay a fine not exceeding five thousand dollars ($5,000) or to

imprisonment not exceeding two (2) years, or both.

(ii)  For the second and subsequent offense, a misdemeanor

and upon conviction thereof the person shall be sentenced to pay

a fine not exceeding ten thousand dollars ($10,000) or to

imprisonment not exceeding three (3) years, or both.

* * *

Section 2.  This act shall take effect in 60 days.