PRINTER'S NO. 2627
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2264
Session of
2022
INTRODUCED BY INNAMORATO, STRUZZI, BENHAM, SCHLOSSBERG,
HOHENSTEIN, SANCHEZ, KENYATTA, ZABEL AND SIMS,
JANUARY 21, 2022
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 21, 2022
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
the definition of "drug paraphernalia" and for prohibited
acts and penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "drug paraphernalia" in section
2(b) of the act of April 14, 1972 (P.L.233, No.64), known as The
Controlled Substance, Drug, Device and Cosmetic Act, is amended
to read:
Section 2. Definitions.--* * *
(b) As used in this act:
* * *
"Drug paraphernalia" means all equipment, products and
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materials of any kind which are used, intended for use or
designed for use in planting, propagating, cultivating, growing,
harvesting, manufacturing, compounding, converting, producing,
processing, preparing, testing, analyzing, packaging,
repackaging, storing, containing, concealing, injecting,
ingesting, inhaling or otherwise introducing into the human body
a controlled substance in violation of this act. It includes,
but is not limited to:
(1) Kits used, intended for use or designed for use in
planting, propagating, cultivating, growing or harvesting of any
species of plant which is a controlled substance or from which a
controlled substance can be derived.
(2) Kits used, intended for use or designed for use in
manufacturing, compounding, converting, producing, processing or
preparing controlled substances.
(3) Isomerization devices used, intended for use or designed
for use in increasing the potency of any species of plant which
is a controlled substance.
(4) Testing equipment used, intended for use or designed for
use in identifying or in analyzing the strength, effectiveness
or purity of controlled substances.
(5) Scales and balances used, intended for use or designed
for use in weighing or measuring controlled substances.
(6) Diluents and adulterants, such as quinine hydrochloride,
mannitol, mannite, dextrose and lactose, used, intended for use
or designed for use in cutting controlled substances.
(7) Separation gins and sifters used, intended for use or
designed for use in removing twigs and seeds from or in
otherwise cleaning or refining marihuana.
(8) Blenders, bowls, containers, spoons and mixing devices
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used, intended for use or designed for use in compounding
controlled substances.
(9) Capsules, balloons, envelopes and other containers used,
intended for use or designed for use in packaging small
quantities of controlled substances.
(10) Containers and other objects used, intended for use or
designed for use in storing or concealing controlled substances.
(11) Hypodermic syringes, needles and other objects used,
intended for use, or designed for use in parenterally injected
controlled substances into the human body[.], subject to the
following:
(i) The term does not include:
(A) A syringe, needle or other object used to reduce the
risk of disease transmission or other harm, provided by a public
or private entity, volunteer or health care provider through a
syringe services program to a participant in the syringe
services program.
(B) A syringe, needle or other object used to reduce the
risk of disease transmission or other harm, provided by a
pharmacist in accordance with the rules and regulations of the
State Board of Pharmacy.
(C) A syringe, needle or other object that is used to reduce
the risk of disease transmission or other harm and distributed
to an individual in the usual course of business by a health
care provider otherwise authorized to distribute the item.
(ii) A participant in a syringe services program shall
evidence participation in the syringe services program by
producing an identification card, which shall contain at least
the following:
(A) A unique identification number generated by the syringe
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services program from data elements determined by the syringe
services program.
(B) The contact information for the syringe services
program, including a number at which the program may be reached.
(iii) As used in this paragraph:
"Health care provider" means an individual or health care
facility that is licensed, certified or otherwise authorized to
provide health care under the laws of this Commonwealth. The
term also includes an officer, employee or agent of a health
care provider acting within the scope of the person's duties and
authority and a legal entity through which one or more health
care providers deliver health care, including, but not limited
to, a professional corporation, a partnership or limited
liability company.
"Syringe services program" means a program that, at a
minimum, provides or arranges for the provision of the
following:
(A) Access to sterile syringes, needles and other objects
used to reduce the risk of disease transmission or other harm.
(B) Safe disposal of used syringes, needles and drug
preparation equipment.
(C) Information and educational materials to each syringe
services program participant regarding substance use disorder
prevention and treatment.
(D) Information for syringe services program participants to
reduce injection and overdose risks.
(E) Naloxone to syringe services program participants to
reverse opioid overdoses or information about where naloxone can
be obtained at low or no cost.
(F) Information on health care, including mental health
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services.
(12) Objects used, intended for use or designed for use in
ingesting, inhaling or otherwise introducing marihuana, cocaine,
hashish or hashish oil into the human body, such as:
(i) Metal, wooden, acrylic, glass, stone, plastic or ceramic
pipes with or without screens, permanent screens, hashish heads
or punctured metal bowls.
(ii) Water pipes.
(iii) Carburetion tubes and devices.
(iv) Smoking and carburetion masks.
(v) Roach clips; meaning objects used to hold burning
material such as a marihuana cigarette, that has become too
small or too short to be held in the hand.
(vi) Miniature cocaine spoons and cocaine vials.
(vii) Chamber pipes.
(viii) Carburetor pipes.
(ix) Electric pipes.
(x) Air-driven pipes.
(xi) Chillums.
(xii) Bongs.
(xiii) Ice pipes or chillers.
In determining whether an object is drug paraphernalia, a
court or other authority should consider, in addition to all
other logically relevant factors, statements by an owner or by
anyone in control of the object concerning its use, prior
convictions, if any, of an owner, or of anyone in control of the
object, under any State or Federal law relating to any
controlled substance, the proximity of the object, in time and
space, to a direct violation of this act, the proximity of the
object to controlled substances, the existence of any residue of
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controlled substances on the object, except as provided under
section 13(q), direct or circumstantial evidence of the intent
of an owner, or of anyone in control of the object, to deliver
it to persons who he knows, or should reasonably know, intend to
use the object to facilitate a violation of this act, the
innocence of an owner or of anyone in control of the object, as
to a direct violation of this act should not prevent a finding
that the object is intended for use or designed for use as drug
paraphernalia, instructions, oral or written, provided with the
object concerning its use, descriptive materials accompanying
the object which explain or depict its use, national and local
advertising concerning its use, the manner in which the object
is displayed for sale, whether the owner, or anyone in control
of the object, is a legitimate supplier of like or related items
to the community, such as a licensed distributor or dealer of
tobacco products, direct or circumstantial evidence of the ratio
of sales of the objects to the total sales of the business
enterprise, the existence and scope of legitimate uses for the
object in the community, and expert testimony concerning its
use. The following shall be immune from civil or criminal
liability under State or local law for activities specifically
permitted by this act:
(i) A pharmacist under paragraph (11)(i)(B).
(ii) A health care provider under paragraph (11)(i)(C).
(iii) A syringe services program, including its employees,
operators, volunteers or participants, when the syringe services
program is in compliance, as determined by the department, with
the reporting requirements regarding the following:
(A) The number of individuals served.
(B) The number of needles and syringes dispensed.
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(C) The number of naloxone kits dispensed.
(D) The number of treatment referrals provided to
individuals served by the syringe services program.
A law enforcement officer who acts in good faith regarding
the enforcement of other provisions of this act that are in
conflict with this section shall be immune from civil or
criminal liability under State or local law.
* * *
Section 2. Section 13 of the act is amended by adding a
subsection to read:
Section 13. Prohibited Acts; Penalties.--* * *
(q) Notwithstanding any provision of law to the contrary, no
person shall be prosecuted for a residual amount of a controlled
substance contained in a used syringe, needle or other object
which is excluded from the definition of "drug paraphernalia"
under section 2(b)(11)(i) and (ii).
Section 3. The following shall apply:
(1) The Department of Health shall issue guidance on
best practices for syringe services programs.
(2) Prior to commencing operations of a syringe services
program, the syringe services program shall report the
following to the Department of Health:
(i) The legal name of the organization, agency or
health care facility operating the syringe services
program.
(ii) The areas and populations to be served by the
syringe services program.
(iii) The written notice of the proposed location to
the governing authority in which the syringe services
program is to be located.
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(3) No later than one year after commencing operations
and every 12 months thereafter, each syringe services program
shall report the following to the Department of Health:
(i) The number of individuals served.
(ii) The number of needles and syringes dispensed.
(iii) The number of naloxone kits dispensed.
(iv) The number of treatment referrals provided to
individuals served by the syringe services program.
(4) The Department of Health shall post the reports
under paragraphs (2) and (3) on its publicly accessible
Internet website.
Section 4. This act shall take effect in 60 days.
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