1Amending the act of April 14, 1972 (P.L.233, No.64), entitled
2"An act relating to the manufacture, sale and possession of
3controlled substances, other drugs, devices and cosmetics;
4conferring powers on the courts and the secretary and
5Department of Health, and a newly created Pennsylvania Drug,
6Device and Cosmetic Board; establishing schedules of
7controlled substances; providing penalties; requiring
8registration of persons engaged in the drug trade and for the
9revocation or suspension of certain licenses and
10registrations; and repealing an act," further providing for
11prohibited acts and penalties.

12The General Assembly of the Commonwealth of Pennsylvania
13hereby enacts as follows:

14Section 1. Section 13(g) of the act of April 14, 1972
15(P.L.233, No.64), known as The Controlled Substance, Drug,
16Device and Cosmetic Act, amended December 14, 1984 (P.L.988,
17No.200), is amended to read:

18Section 13. Prohibited Acts; Penalties.--* * *

19(g) Any person who violates clause (31) of subsection (a) is
20guilty [of a misdemeanor and upon conviction thereof shall be
21sentenced to imprisonment not exceeding thirty days, or to pay a
22fine not exceeding five hundred dollars ($500), or both.] of the 
23following:

1(1) For a first and second offense, except as provided in
2clause (4), a summary offense and upon conviction thereof shall
3be sentenced to pay a fine not exceeding five hundred dollars
4($500).

5(2) For a third or subsequent offense, except as provided in
6clause (3), a misdemeanor offense.

7(3) Nothing in this subsection may prohibit the following:

8(i) Notwithstanding clause (2), a district attorney may
9prosecute a violation of this section as a summary offense for
10the purposes of imposing a diversionary sentence or disposition
11such as Accelerated Rehabilitative Disposition (ARD) or any
12other condition that may be imposed by the court if the charging
13is authorized by policy of the office of the district attorney
14or local rule.

15(ii) Imposition of a penalty for any other violation of this
16subsection may include Accelerated Rehabilitative Disposition
17(ARD), a diversionary sentence or disposition or any other
18condition that may be imposed by the court.

19(4) If, at the time of commission of an offense under this
20subsection, the person is charged with any other violation of
21this act or any other criminal offense, the offense under this
22subsection shall be graded under clause (2).

23* * *

24Section 2. This act shall take effect in 60 days.