PRINTER'S NO. 1373
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
933
Session of
2019
INTRODUCED BY A. WILLIAMS, TARTAGLIONE, KILLION, BREWSTER,
MENSCH, BAKER, STEFANO AND PITTMAN, NOVEMBER 15, 2019
REFERRED TO JUDICIARY, NOVEMBER 15, 2019
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 and effect on local ordinances.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 13(a) of the act of April 14, 1972
(P.L.233, No.64), known as The Controlled Substance, Drug,
Device and Cosmetic Act, is amended by adding a paragraph 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:
* * *
(41) The operation of a clinic or establishment, not
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otherwise authorized by law or by local ordinance pursuant to
section 41.1(b), that provides drug paraphernalia and space for
any person to inject, ingest, inhale or otherwise introduce into
the person's body a controlled substance in violation of this
act.
* * *
(q) Any person who violates subsection (a)(41):
(1) Is guilty of a felony and upon conviction thereof shall
be sentenced to a term of imprisonment of not more than twenty
years or a fine of not more than five hundred thousand dollars
($500,000), or both, or a fine of two million dollars
($2,000,000) for a person other than an individual.
(2) Shall be subject to a civil penalty of not more than the
greater of two hundred fifty thousand dollars ($250,000).
Section 2. Section 41.1 of the act is amended to read:
Section 41.1. Effect on Local Ordinances.--(a) Nothing in
this act relating to drug paraphernalia shall be deemed to
supersede or invalidate any consistent local ordinance,
including zoning and nuisance ordinances, relating to the
possession, sale or use of drug paraphernalia.
(b) The governing body of a municipality shall have the
option to authorize by ordinance or resolution the operation of
a clinic or establishment in the municipality that provides drug
paraphernalia and space for any person to inject, ingest, inhale
or otherwise introduce into the person's body a controlled
substance for the purpose of reducing the spread of disease and
overdose-related deaths and providing information related to
treatment services for drug dependency or drug abuse. The
ordinance must provide for, at a minimum, the following
requirements for the operation of the clinic or establishment:
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(1) At least three public input hearings within the
municipality prior to the municipality's approval of the
operator of the clinic or establishment.
(2) Observation by appropriate medical professionals of each
person using the clinic or establishment to inject, ingest,
inhale or otherwise introduce into the person's body a
controlled substance in order to reduce the spread of disease
associated with drug paraphernalia, intervene with medical care
if necessary and prevent fatal overdose.
(3) A proactive and comprehensive community safety plan
developed in cooperation with local law enforcement, the
Pennsylvania State Police, or both.
Section 3. This act shall take effect in 60 days.
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