PRIOR PRINTER'S NOS. 304, 567 PRINTER'S NO. 992
No. 266 Session of 2003
INTRODUCED BY REICHLEY, WILT, FAIRCHILD, BELFANTI, GORDNER,
HERMAN, MANN, MARKOSEK, REED, ZUG, R. MILLER, HENNESSEY,
WASHINGTON, HORSEY, ARGALL, HARHART, KELLER, SEMMEL, GEIST,
ALLEN, TURZAI, E. Z. TAYLOR AND CRAHALLA, FEBRUARY 12, 2003
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
MARCH 11, 2003
AN ACT
1 Amending the act of April 14, 1972 (P.L.233, No.64), entitled
2 "An act relating to the manufacture, sale and possession of
3 controlled substances, other drugs, devices and cosmetics;
4 conferring powers on the courts and the secretary and
5 Department of Health, and a newly created Pennsylvania Drug,
6 Device and Cosmetic Board; establishing schedules of
7 controlled substances; providing penalties; requiring
8 registration of persons engaged in the drug trade and for the
9 revocation or suspension of certain licenses and
10 registrations; and repealing an act," further providing for
11 prohibited acts and penalties.
12 The General Assembly of the Commonwealth of Pennsylvania
13 hereby enacts as follows:
14 Section 1. Section 13(f)(1) 13 of the act of April 14, 1972 <--
15 (P.L.233, No.64), known as The Controlled Substance, Drug,
16 Device and Cosmetic Act, amended December 14, 1984 (P.L.988, <--
17 No.200), is amended to read: DEVICE AND COSMETIC ACT, IS AMENDED <--
18 BY ADDING A SUBSECTION TO READ:
19 Section 13. Prohibited Acts; Penalties.--* * *
20 (f) Any person who violates clause (12), (14) or (30) of <--
21 subsection (a) with respect to:
1 (1) A controlled substance or counterfeit substance
2 classified in Schedule I or II which is a narcotic drug or a
3 controlled substance or a mixture containing 3,4-
4 methylenedioxyamphetamine; 3,4-methylenedioxymethamphetamine; 5-
5 methoxy-3,4-methylenedioxyamphetamine (MMDA); 2,5-
6 dimethoxyamphetamine (DMA); 3,4-methylenedioxy-N-
7 ethylamphetamine; N-hydroxy-3,4-methylenedioxyamphetamine; or
8 their salts, isomers and salts of isomers, whenever the
9 existence of such salts, isomers and salts of isomers is
10 possible within the specific chemical designation, is guilty of
11 a felony and upon conviction thereof shall be sentenced to
12 imprisonment not exceeding fifteen years, or to pay a fine not
13 exceeding two hundred fifty thousand dollars ($250,000), or both
14 or such larger amount as is sufficient to exhaust the assets
15 utilized in and the profits obtained from the illegal activity.
16 * * *
17 (O) ANY PERSON WHO VIOLATES SUBSECTION (A)(12), (14) OR (30) <--
18 WITH RESPECT TO 3,4-METHYLENEDIOXYAMPHETAMINE (MDA); 3,4-
19 METHYLENEDIOXYMETHAMPHETAMINE (MDMA); 5-METHOXY-3,4-
20 METHYLENEDIOXYAMPHETAMINE (MMDA); 3,4-METHYLENEDIOXY-N-
21 ETHYLAMPHETAMINE; N-HYDROXY-3,4-METHYLENEDIOXYAMPHETAMINE; OR
22 THEIR SALTS, ISOMERS AND SALTS OF ISOMERS, WHENEVER THE
23 EXISTENCE OF SUCH SALTS, ISOMERS AND SALTS OF ISOMERS IS
24 POSSIBLE WITHIN THE SPECIFIC CHEMICAL DESIGNATION, IS GUILTY OF
25 A FELONY AND UPON CONVICTION THEREOF SHALL BE SENTENCED TO
26 IMPRISONMENT NOT EXCEEDING FIFTEEN YEARS, OR TO PAY A FINE NOT
27 EXCEEDING TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000), OR BOTH
28 OR SUCH LARGER AMOUNT AS IS SUFFICIENT TO EXHAUST THE ASSETS
29 UTILIZED IN AND THE PROFITS OBTAINED FROM THE ILLEGAL ACTIVITY.
30 Section 2. This act shall take effect in 60 days <--
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1 IMMEDIATELY. <--
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