commits a felony of the second degree if he [sells, gives,
transmits or furnishes to any convict in a prison, or inmate in
a mental hospital, or gives away in or brings into any prison,
mental hospital, or any building appurtenant thereto, or on the
land granted to or owned or leased by the Commonwealth or county
for the use and benefit of the prisoners or inmates, or puts in
any place where it may be secured by a convict of a prison,
inmate of a mental hospital, or employee thereof, any] delivers
a controlled substance included in Schedules I through V of the
act of April 14, 1972 (P.L.233, No.64), known as The Controlled
Substance, Drug, Device and Cosmetic Act, to a confined person
or employee of a facility (except the ordinary hospital supply
of the [prison or mental hospital] facility) without a written
permit signed by the physician of [such institution] the
facility, specifying the quantity and quality of the substance
which may be furnished to [any convict, inmate, or employee in
the prison or mental hospital,] the confined person, the name of
the [prisoner, inmate, or employee for whom,] confined person
and the time when the same may be furnished[, which permit shall
be delivered to and kept by the warden or superintendent of the
prison or mental hospital].
(a.1) Mandatory minimum penalty.--[Any person]
(1) An individual convicted of a violation of subsection
(a) shall be sentenced to a minimum sentence of at least two
years of total confinement, notwithstanding any other
provision of this title or any other statute to the contrary.
Nothing in this subsection shall prevent the sentencing court
from imposing a sentence greater than that provided in this
subsection, up to the maximum penalty prescribed by this
title for a felony of the second degree. There shall be no
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