Regular Session 2015-2016 House Bill 1052 P.N. 1370

PRINTER'S NO. 1370

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1052

Session of

2015

INTRODUCED BY HARHAI, CORBIN, MILLARD, V. BROWN, SCHWEYER,

THOMAS, MENTZER, KOTIK, COHEN, READSHAW, TAYLOR, DeLUCA,

GIBBONS AND MURT, APRIL 27, 2015

REFERRED TO COMMITTEE ON JUDICIARY, APRIL 27, 2015

AN ACT

Providing for the categorization of chemical formulas as illegal

synthetic drugs; and imposing duties on the Pennsylvania

State Police to instantly identify synthetic drugs in the

field.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Short title.

This act shall be known and may be cited as the Synthetic

Drug Categorization Act.

Section 2. Legislative intent.

The General Assembly finds that:

(1) There has been a growth of synthetic drugs, such as

Spice/K2 and bath salts, and the dangers caused by these

substances.

(2) The concern is exemplified by a Federal Substance

Abuse and Mental Health Services Administration report which

summarizes the frequency and trends of abuse for these

substances.

(3) Better methods and strategies that appropriately

respond to new synthetic drugs as soon as they are made known

to the State is of particular importance.

(4) Law enforcement is in need of presumptive testing

tools capable of quickly identifying substances as illegal

synthetic drugs defined under State law.

(5) A process needs to be established where synthetic

drugs can be quickly outlawed under State law and instantly

identified by police in the field.

Section 3. Synthetic cannabinoid or cathinone as Schedule I

narcotic.

(a) General rule.--Any synthetic cannabinoid or cathinone

not regulated by the Federal Food and Drug Administration or by

State law that binds to a cannabinoid receptor or mimics the

pharmacological response of a Schedule I or II controlled

substance shall be considered a Schedule II substance under

State law.

(b) Construction.--Nothing in this section shall be

construed to interfere with the exemptions provided under State

law to any person or entity that possesses a chemical formula

defined as a scheduled drug for a lawful purpose.

Section 4. Law enforcement field testing to instantly identify

synthetic drugs.

(a) General rule.--The Pennsylvania State Police shall

implement a pilot program that uses technologies and protocols

to instantly identify synthetic cannabinoids and cathinones, as

well as other designer drugs. The pilot program shall focus on

using technology capable of presumptive identification of

illicit drugs in the field.

(b) Districts.--A minimum of five separate districts in this

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Commonwealth shall be equipped to operate the pilot program. The

Pennsylvania State Police may choose to have one or more of the

pilot program sites located within a city or county police

department.

Pennsylvania State Police shall submit a report to the General

Assembly outlining the findings of the pilot program, and make

any recommendation on whether the technologies and protocols

selected for the pilot program can be used to help prevent the

growth of synthetic drugs and other illicit drugs throughout

this Commonwealth. Specifically, the report shall include, but

not be limited to, the following:

(1) Review of technical capabilities and accuracy rates

of technologies and protocols selected for the pilot program.

(2) Description of the impact to State and local crime

lab backlogs if the technologies and protocols selected could

eliminate the need to send synthetic drugs or other illicit

drugs to the crime lab for presumptive testing, including the

potential cost savings to State and local government.

(3) Description of the status of courts' acceptance of

the technologies and protocols selected for the pilot program

for the presumptive identification of synthetic drugs and

other illicit drugs.

Section 5. Effective date.

This act shall take effect in 90 days.

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