PRINTER'S NO. 3298
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2042
Session of
2015
INTRODUCED BY ACOSTA, KINSEY, KIRKLAND, V. BROWN, J. HARRIS,
ROZZI, SCHLOSSBERG, O'BRIEN AND BULLOCK, MAY 9, 2016
REFERRED TO COMMITTEE ON JUDICIARY, MAY 9, 2016
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(g) 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 to read:
Section 13. Prohibited Acts; Penalties.--* * *
(g) Any person who violates clause (31) of subsection (a) is
guilty of a [misdemeanor] summary offense and upon conviction
thereof shall be sentenced [to imprisonment not exceeding thirty
days, or to pay a fine not exceeding five hundred dollars
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($500), or both.] as follows:
(1) For a first offense, to pay a fine not exceeding two
hundred and fifty dollars ($250), to undergo a clinical
evaluation and, if recommended as a result of the clinical
evaluation, to complete a substance abuse treatment program:
Provided, however, That the court may, in its discretion, waive
the clinical evaluation and treatment program requirements.
(2) For a second offense, to pay a fine not exceeding five
hundred dollars ($500).
(3) For a third or subsequent offense, to pay a fine not
exceeding seven hundred and fifty dollars ($750).
* * *
Section 2. The Supreme Court of Pennsylvania shall adopt
rules that prescribe the circumstances under which a court may
waive the clinical evaluation and treatment program requirements
of section 13(g)(1) of the act.
Section 3. This act shall take effect in 60 days.
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