PRINTER'S NO. 2045
No. 1606 Session of 2007
INTRODUCED BY JAMES, VITALI, THOMAS, CREIGHTON, CURRY, JOSEPHS,
KIRKLAND, LEACH, R. MILLER, MYERS, OLIVER, PARKER, WATERS,
WILLIAMS AND YOUNGBLOOD, JUNE 21, 2007
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 21, 2007
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, deleting mandatory minimum penalties
3 relating to contraband and drug trafficking.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 5123(a.1) of Title 18 of the Pennsylvania
7 Consolidated Statutes is amended to read:
8 § 5123. Contraband.
9 * * *
10 [(a.1) Mandatory minimum penalty.--Any person convicted of a
11 violation of subsection (a) shall be sentenced to a minimum
12 sentence of at least two years of total confinement,
13 notwithstanding any other provision of this title or any other
14 statute to the contrary. Nothing in this subsection shall
15 prevent the sentencing court from imposing a sentence greater
16 than that provided in this subsection, up to the maximum penalty
17 prescribed by this title for a felony of the second degree.
18 There shall be no authority in any court to impose on an
1 offender to which this subsection is applicable any lesser
2 sentence than provided for in subsection (a) or to place such
3 offender on probation or to suspend sentence. Sentencing
4 guidelines promulgated by the Pennsylvania Commission on
5 Sentencing shall not supersede the mandatory sentences provided
6 in this subsection. If a sentencing court refuses to apply this
7 subsection where applicable, the Commonwealth shall have the
8 right to appellate review of the action of the sentencing court.
9 The appellate court shall vacate the sentence and remand the
10 case to the sentencing court for imposition of a sentence in
11 accordance with this subsection if it finds that the sentence
12 was imposed in violation of this subsection.]
13 * * *
14 Section 2. Sections 6314, 6317 and 7508 of Title 18 are
15 repealed:
16 [§ 6314. Sentencing and penalties for trafficking drugs to
17 minors.
18 (a) General rule.--A person over 18 years of age who is
19 convicted in any court of this Commonwealth of a violation of
20 section 13(a)(14) or (30) of the act of April 14, 1972 (P.L.233,
21 No.64), known as The Controlled Substance, Drug, Device and
22 Cosmetic Act, shall, if the delivery or possession with intent
23 to deliver of the controlled substance was to a minor, be
24 sentenced to a minimum sentence of at least one year total
25 confinement, notwithstanding any other provision of this title
26 or other statute to the contrary.
27 (b) Additional penalties.--In addition to the mandatory
28 minimum sentence set forth in subsection (a), the person shall
29 be sentenced to an additional minimum sentence of at least two
30 years total confinement, notwithstanding any other provision of
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1 this title or other statute to the contrary, if the person did
2 any of the following:
3 (1) Committed the offense with the intent to promote the
4 habitual use of the controlled substance.
5 (2) Intended to engage the minor in the trafficking,
6 transportation, delivery, manufacturing, sale or conveyance.
7 (3) Committed the offense within 1,000 feet of the real
8 property on which is located a public, private or parochial
9 school or a college or university.
10 (4) Committed the offense on a school bus or within 500
11 feet of a school bus stop.
12 (c) Proof at sentencing.--The provisions of this section
13 shall not be an element of the crime. Notice of the
14 applicability of this section to the defendant shall not be
15 required prior to conviction, but reasonable notice of the
16 Commonwealth's intention to proceed under this section shall be
17 provided after conviction and before sentencing. The
18 applicability of this section shall be determined at sentencing.
19 The court shall consider evidence presented at trial, shall
20 afford the Commonwealth and the defendant an opportunity to
21 present necessary additional evidence, and shall determine, by a
22 preponderance of the evidence, if this section is applicable.
23 (d) Authority of court in sentencing.--There shall be no
24 authority for a court to impose on a defendant to which this
25 section is applicable a lesser sentence than provided for in
26 subsection (a), to place the defendant on probation or to
27 suspend sentence. Nothing in this section shall prevent the
28 sentencing court from imposing a sentence greater than that
29 provided in this section. Sentencing guidelines promulgated by
30 the Pennsylvania Commission on Sentencing shall not supersede
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1 the mandatory sentences provided in this section. Disposition
2 under section 17 or 18 of The Controlled Substance, Drug, Device
3 and Cosmetic Act shall not be available to a defendant to which
4 this section applies.
5 (e) Appeal by Commonwealth.--If a sentencing court refuses
6 to apply this section where applicable, the Commonwealth shall
7 have the right to appellate review of the action of the
8 sentencing court. The appellate court shall vacate the sentence
9 and remand the case to the sentencing court for imposition of a
10 sentence in accordance with this section if it finds that the
11 sentence was imposed in violation of this section.
12 (f) Forfeiture.--Assets against which a forfeiture petition
13 has been filed and is pending or against which the Commonwealth
14 has indicated an intention to file a forfeiture petition shall
15 not be subject to a fine under this section.
16 (g) Definition.--As used in this section, the term "minor"
17 means an individual under 18 years of age.
18 § 6317. Drug-free school zones.
19 (a) General rule.--A person 18 years of age or older who is
20 convicted in any court of this Commonwealth of a violation of
21 section 13(a)(14) or (30) of the act of April 14, 1972 (P.L.233,
22 No.64), known as The Controlled Substance, Drug, Device and
23 Cosmetic Act, shall, if the delivery or possession with intent
24 to deliver of the controlled substance occurred within 1,000
25 feet of the real property on which is located a public, private
26 or parochial school or a college or university or within 250
27 feet of the real property on which is located a recreation
28 center or playground or on a school bus, be sentenced to a
29 minimum sentence of at least two years of total confinement,
30 notwithstanding any other provision of this title, The
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1 Controlled Substance, Drug, Device and Cosmetic Act or other
2 statute to the contrary. The maximum term of imprisonment shall
3 be four years for any offense:
4 (1) subject to this section; and
5 (2) for which The Controlled Substance, Drug, Device and
6 Cosmetic Act provides for a maximum term of imprisonment of
7 less than four years.
8 If the sentencing court finds that the delivery or possession
9 with intent to deliver was to an individual under 18 years of
10 age, then this section shall not be applicable and the offense
11 shall be subject to section 6314 (relating to sentencing and
12 penalties for trafficking drugs to minors).
13 (b) Proof at sentencing.--The provisions of this section
14 shall not be an element of the crime. Notice of the
15 applicability of this section to the defendant shall not be
16 required prior to conviction, but reasonable notice of the
17 Commonwealth's intention to proceed under this section shall be
18 provided after conviction and before sentencing. The
19 applicability of this section shall be determined at sentencing.
20 The court shall consider evidence presented at trial, shall
21 afford the Commonwealth and the defendant an opportunity to
22 present necessary additional evidence and shall determine by a
23 preponderance of the evidence if this section is applicable.
24 (c) Authority of court in sentencing.--There shall be no
25 authority for a court to impose on a defendant to which this
26 section is applicable a lesser sentence than provided for in
27 subsection (a), to place the defendant on probation or to
28 suspend sentence. Nothing in this section shall prevent the
29 sentencing court from imposing a sentence greater than that
30 provided in this section. Sentencing guidelines promulgated by
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1 the Pennsylvania Commission on Sentencing shall not supersede
2 the mandatory sentences provided in this section. Disposition
3 under section 17 or 18 of The Controlled Substance, Drug, Device
4 and Cosmetic Act shall not be available to a defendant to which
5 this section applies.
6 (d) Appeal by Commonwealth.--If a sentencing court refuses
7 to apply this section where applicable, the Commonwealth shall
8 have the right to appellate review of the action of the
9 sentencing court. The appellate court shall vacate the sentence
10 and remand the case to the sentencing court for imposition of a
11 sentence in accordance with this section if it finds that the
12 sentence was imposed in violation of this section.
13 § 7508. Drug trafficking sentencing and penalties.
14 (a) General rule.--Notwithstanding any other provisions of
15 this or any other act to the contrary, the following provisions
16 shall apply:
17 (1) A person who is convicted of violating section
18 13(a)(14), (30) or (37) of the act of April 14, 1972
19 (P.L.233, No.64), known as The Controlled Substance, Drug,
20 Device and Cosmetic Act, where the controlled substance is
21 marijuana shall, upon conviction, be sentenced to a mandatory
22 minimum term of imprisonment and a fine as set forth in this
23 subsection:
24 (i) when the amount of marijuana involved is at
25 least two pounds, but less than ten pounds, or at least
26 ten live plants but less than 21 live plants; one year in
27 prison and a fine of $5,000 or such larger amount as is
28 sufficient to exhaust the assets utilized in and the
29 proceeds from the illegal activity; however, if at the
30 time of sentencing the defendant has been convicted of
20070H1606B2045 - 6 -
1 another drug trafficking offense: two years in prison and
2 a fine of $10,000 or such larger amount as is sufficient
3 to exhaust the assets utilized in and the proceeds from
4 the illegal activity;
5 (ii) when the amount of marijuana involved is at
6 least ten pounds, but less than 50 pounds, or at least 21
7 live plants but less than 51 live plants; three years in
8 prison and a fine of $15,000 or such larger amount as is
9 sufficient to exhaust the assets utilized in and the
10 proceeds from the illegal activity; however, if at the
11 time of sentencing the defendant has been convicted of
12 another drug trafficking offense: four years in prison
13 and a fine of $30,000 or such larger amount as is
14 sufficient to exhaust the assets utilized in and the
15 proceeds from the illegal activity; and
16 (iii) when the amount of marijuana involved is at
17 least 50 pounds, or at least 51 live plants; five years
18 in prison and a fine of $50,000 or such larger amount as
19 is sufficient to exhaust the assets utilized in and the
20 proceeds from the illegal activity.
21 (2) A person who is convicted of violating section
22 13(a)(14), (30) or (37) of The Controlled Substance, Drug,
23 Device and Cosmetic Act where the controlled substance or a
24 mixture containing it is classified in Schedule I or Schedule
25 II under section 4 of that act and is a narcotic drug shall,
26 upon conviction, be sentenced to a mandatory minimum term of
27 imprisonment and a fine as set forth in this subsection:
28 (i) when the aggregate weight of the compound or
29 mixture containing the substance involved is at least 2.0
30 grams and less than ten grams; two years in prison and a
20070H1606B2045 - 7 -
1 fine of $5,000 or such larger amount as is sufficient to
2 exhaust the assets utilized in and the proceeds from the
3 illegal activity; however, if at the time of sentencing
4 the defendant has been convicted of another drug
5 trafficking offense: three years in prison and $10,000 or
6 such larger amount as is sufficient to exhaust the assets
7 utilized in and the proceeds from the illegal activity;
8 (ii) when the aggregate weight of the compound or
9 mixture containing the substance involved is at least ten
10 grams and less than 100 grams; three years in prison and
11 a fine of $15,000 or such larger amount as is sufficient
12 to exhaust the assets utilized in and the proceeds from
13 the illegal activity; however, if at the time of
14 sentencing the defendant has been convicted of another
15 drug trafficking offense: five years in prison and
16 $30,000 or such larger amount as is sufficient to exhaust
17 the assets utilized in and the proceeds from the illegal
18 activity; and
19 (iii) when the aggregate weight of the compound or
20 mixture containing the substance involved is at least 100
21 grams; five years in prison and a fine of $25,000 or such
22 larger amount as is sufficient to exhaust the assets
23 utilized in and the proceeds from the illegal activity;
24 however, if at the time of sentencing the defendant has
25 been convicted of another drug trafficking offense: seven
26 years in prison and $50,000 or such larger amount as is
27 sufficient to exhaust the assets utilized in and the
28 proceeds from the illegal activity.
29 (3) A person who is convicted of violating section
30 13(a)(14), (30) or (37) of The Controlled Substance, Drug,
20070H1606B2045 - 8 -
1 Device and Cosmetic Act where the controlled substance is
2 coca leaves or is any salt, compound, derivative or
3 preparation of coca leaves or is any salt, compound,
4 derivative or preparation which is chemically equivalent or
5 identical with any of these substances or is any mixture
6 containing any of these substances except decocainized coca
7 leaves or extracts of coca leaves which (extracts) do not
8 contain cocaine or ecgonine shall, upon conviction, be
9 sentenced to a mandatory minimum term of imprisonment and a
10 fine as set forth in this subsection:
11 (i) when the aggregate weight of the compound or
12 mixture containing the substance involved is at least 2.0
13 grams and less than ten grams; one year in prison and a
14 fine of $5,000 or such larger amount as is sufficient to
15 exhaust the assets utilized in and the proceeds from the
16 illegal activity; however, if at the time of sentencing
17 the defendant has been convicted of another drug
18 trafficking offense: three years in prison and $10,000 or
19 such larger amount as is sufficient to exhaust the assets
20 utilized in and the proceeds from the illegal activity;
21 (ii) when the aggregate weight of the compound or
22 mixture containing the substance involved is at least ten
23 grams and less than 100 grams; three years in prison and
24 a fine of $15,000 or such larger amount as is sufficient
25 to exhaust the assets utilized in and the proceeds from
26 the illegal activity; however, if at the time of
27 sentencing the defendant has been convicted of another
28 drug trafficking offense: five years in prison and
29 $30,000 or such larger amount as is sufficient to exhaust
30 the assets utilized in and the proceeds from the illegal
20070H1606B2045 - 9 -
1 activity; and
2 (iii) when the aggregate weight of the compound or
3 mixture of the substance involved is at least 100 grams;
4 four years in prison and a fine of $25,000 or such larger
5 amount as is sufficient to exhaust the assets utilized in
6 and the proceeds from the illegal activity; however, if
7 at the time of sentencing the defendant has been
8 convicted of another drug trafficking offense: seven
9 years in prison and $50,000 or such larger amount as is
10 sufficient to exhaust the assets utilized in and the
11 proceeds from the illegal activity.
12 (4) A person who is convicted of violating section
13 13(a)(14), (30) or (37) of The Controlled Substance, Drug,
14 Device and Cosmetic Act where the controlled substance is
15 methamphetamine or phencyclidine or is a salt, isomer or salt
16 of an isomer of methamphetamine or phencyclidine or is a
17 mixture containing methamphetamine or phencyclidine,
18 containing a salt of methamphetamine or phencyclidine,
19 containing an isomer of methamphetamine or phencyclidine,
20 containing a salt of an isomer of methamphetamine or
21 phencyclidine shall, upon conviction, be sentenced to a
22 mandatory minimum term of imprisonment and a fine as set
23 forth in this subsection:
24 (i) when the aggregate weight of the compound or
25 mixture containing the substance involved is at least
26 five grams and less than ten grams; three years in prison
27 and a fine of $15,000 or such larger amount as is
28 sufficient to exhaust the assets utilized in and the
29 proceeds from the illegal activity; however, if at the
30 time of sentencing the defendant has been convicted of
20070H1606B2045 - 10 -
1 another drug trafficking offense: five years in prison
2 and $30,000 or such larger amount as is sufficient to
3 exhaust the assets utilized in and the proceeds from the
4 illegal activity;
5 (ii) when the aggregate weight of the compound or
6 mixture containing the substance involved is at least ten
7 grams and less than 100 grams; four years in prison and a
8 fine of $25,000 or such larger amount as is sufficient to
9 exhaust the assets utilized in and the proceeds from the
10 illegal activity; however, if at the time of sentencing
11 the defendant has been convicted of another drug
12 trafficking offense: seven years in prison and $50,000 or
13 such larger amount as is sufficient to exhaust the assets
14 utilized in and the proceeds from the illegal activity;
15 and
16 (iii) when the aggregate weight of the compound or
17 mixture containing the substance involved is at least 100
18 grams; five years in prison and a fine of $50,000 or such
19 larger amount as is sufficient to exhaust the assets
20 utilized in and the proceeds from the illegal activity;
21 however, if at the time of sentencing the defendant has
22 been convicted of another drug trafficking offense: eight
23 years in prison and $50,000 or such larger amount as is
24 sufficient to exhaust the assets utilized in and the
25 proceeds from the illegal activity.
26 (5) A person who is convicted of violating section
27 13(a)(14), (30) or (37) of The Controlled Substance, Drug,
28 Device and Cosmetic Act, and who, in the course of the
29 offense, manufactures, delivers, brings into this
30 Commonwealth or possesses with intent to manufacture or
20070H1606B2045 - 11 -
1 deliver amphetamine or any salt, optical isomer, or salt of
2 an optical isomer, or a mixture containing any such
3 substances shall, when the aggregate weight of the compound
4 or mixture containing the substance involved is at least five
5 grams, be sentenced to two and one-half years in prison and a
6 fine of $15,000 or such larger amount as is sufficient to
7 exhaust the assets utilized in and the proceeds from the
8 illegal activity; however, if at the time of sentencing the
9 defendant has been convicted of another drug trafficking
10 offense: be sentenced to five years in prison and $30,000 or
11 such larger amount as is sufficient to exhaust the assets
12 utilized in and the proceeds from the illegal activity.
13 (6) A person who is convicted of violating section
14 13(a)(14), (30) or (37) of The Controlled Substance, Drug,
15 Device and Cosmetic Act where the controlled substance is
16 methaqualone shall, upon conviction, be sentenced to a
17 mandatory minimum term of imprisonment and a fine as set
18 forth in this subsection:
19 (i) when the aggregate weight of the compound or
20 mixture containing the substance involved is at least 50
21 tablets, capsules, caplets or other dosage units, or 25
22 grams and less than 200 tablets, capsules, caplets or
23 other dosage units, or 100 grams; one year in prison and
24 a fine of $2,500 or such larger amount as is sufficient
25 to exhaust the assets utilized in and the proceeds from
26 the illegal activity; however, if at the time of
27 sentencing the defendant has been convicted of another
28 drug trafficking offense: three years in prison and
29 $5,000 or such larger amount as is sufficient to exhaust
30 the assets utilized in and the proceeds from the illegal
20070H1606B2045 - 12 -
1 activity; and
2 (ii) when the aggregate weight of the compound or
3 mixture containing the substance involved is at least 200
4 tablets, capsules, caplets or other dosage units, or more
5 than 100 grams; two and one-half years in prison and a
6 fine of $15,000 or such larger amount as is sufficient to
7 exhaust the assets utilized in and the proceeds from the
8 illegal activity; however, if at the time of sentencing
9 the defendant has been convicted of another drug
10 trafficking offense: five years in prison and $30,000 or
11 such larger amount as is sufficient to exhaust the assets
12 utilized in and the proceeds from the illegal activity.
13 (7) A person who is convicted of violating section
14 13(a)(14), (30) or (37) of The Controlled Substance, Drug,
15 Device and Cosmetic Act where the controlled substance or a
16 mixture containing it is heroin shall, upon conviction, be
17 sentenced as set forth in this paragraph:
18 (i) when the aggregate weight of the compound or
19 mixture containing the heroin involved is at least 1.0
20 gram but less than 5.0 grams the sentence shall be a
21 mandatory minimum term of two years in prison and a fine
22 of $5,000 or such larger amount as is sufficient to
23 exhaust the assets utilized in and the proceeds from the
24 illegal activity; however, if at the time of sentencing
25 the defendant has been convicted of another drug
26 trafficking offense: a mandatory minimum term of three
27 years in prison and $10,000 or such larger amount as is
28 sufficient to exhaust the assets utilized in and the
29 proceeds from the illegal activity;
30 (ii) when the aggregate weight of the compound or
20070H1606B2045 - 13 -
1 mixture containing the heroin involved is at least 5.0
2 grams but less than 50 grams: a mandatory minimum term of
3 three years in prison and a fine of $15,000 or such
4 larger amount as is sufficient to exhaust the assets
5 utilized in and the proceeds from the illegal activity;
6 however, if at the time of sentencing the defendant has
7 been convicted of another drug trafficking offense: a
8 mandatory minimum term of five years in prison and
9 $30,000 or such larger amount as is sufficient to exhaust
10 the assets utilized in and the proceeds from the illegal
11 activity; and
12 (iii) when the aggregate weight of the compound or
13 mixture containing the heroin involved is 50 grams or
14 greater: a mandatory minimum term of five years in prison
15 and a fine of $25,000 or such larger amount as is
16 sufficient to exhaust the assets utilized in and the
17 proceeds from the illegal activity; however, if at the
18 time of sentencing the defendant has been convicted of
19 another drug trafficking offense: a mandatory minimum
20 term of seven years in prison and $50,000 or such larger
21 amount as is sufficient to exhaust the assets utilized in
22 and the proceeds from the illegal activity.
23 (8) A person who is convicted of violating section
24 13(a)(12), (14) or (30) of The Controlled Substance, Drug,
25 Device and Cosmetic Act where the controlled substance or a
26 mixture containing it is 3,4-methylenedioxyamphetamine (MDA);
27 3,4-methylenedioxymethamphetamine (MDMA); 5-methoxy-3,4-
28 methylenedioxyamphetamine (MMDA); 3,4-methylenedioxy-N-
29 ethylamphetamine; N-hydroxy-3,4-methylenedioxyamphetamine; or
30 their salts, isomers and salts of isomers, whenever the
20070H1606B2045 - 14 -
1 existence of such salts, isomers and salts of isomers is
2 possible within the specific chemical designation, shall,
3 upon conviction, be sentenced as set forth in this paragraph:
4 (i) When the aggregate weight of the compound or
5 mixture containing the substance involved is at least 50
6 tablets, capsules, caplets or other dosage units, or 15
7 grams and less than 100 tablets, capsules, caplets or
8 other dosage units, or less than 30 grams, the person is
9 guilty of a felony and, upon conviction thereof, shall be
10 sentenced to imprisonment not exceeding five years or to
11 pay a fine not exceeding $15,000, or both.
12 (ii) When the aggregate weight of the compound or
13 mixture containing the substance involved is at least 100
14 tablets, capsules, caplets or other dosage units, or 30
15 grams and less than 1,000 tablets, capsules, caplets or
16 other dosage units, or less than 300 grams, the person is
17 guilty of a felony and, upon conviction thereof, shall be
18 sentenced to imprisonment not exceeding ten years or to
19 pay a fine not exceeding $100,000, or both.
20 (iii) When the aggregate weight of the compound or
21 mixture containing the substance involved is at least
22 1,000 tablets, capsules, caplets or other dosage units,
23 or 300 grams, the person is guilty of a felony and, upon
24 conviction thereof, shall be sentenced to imprisonment
25 not exceeding 15 years or to pay a fine not exceeding
26 $250,000, or both.
27 (a.1) Previous conviction.--For purposes of this section, it
28 shall be deemed that a defendant has been convicted of another
29 drug trafficking offense when the defendant has been convicted
30 of another offense under section 13(a)(14), (30) or (37) of The
20070H1606B2045 - 15 -
1 Controlled Substance, Drug, Device and Cosmetic Act, or of a
2 similar offense under any statute of any state or the United
3 States, whether or not judgment of sentence has been imposed
4 concerning that offense.
5 (b) Proof of sentencing.--Provisions of this section shall
6 not be an element of the crime. Notice of the applicability of
7 this section to the defendant shall not be required prior to
8 conviction, but reasonable notice of the Commonwealth's
9 intention to proceed under this section shall be provided after
10 conviction and before sentencing. The applicability of this
11 section shall be determined at sentencing. The court shall
12 consider evidence presented at trial, shall afford the
13 Commonwealth and the defendant an opportunity to present
14 necessary additional evidence and shall determine, by a
15 preponderance of the evidence, if this section is applicable.
16 (c) Mandatory sentencing.--There shall be no authority in
17 any court to impose on an offender to which this section is
18 applicable a lesser sentence than provided for herein or to
19 place the offender on probation, parole, work release or
20 prerelease or to suspend sentence. Nothing in this section shall
21 prevent the sentencing court from imposing a sentence greater
22 than provided herein. Sentencing guidelines promulgated by the
23 Pennsylvania Commission on Sentencing shall not supersede the
24 mandatory sentences provided herein. Disposition under section
25 17 or 18 of The Controlled Substance, Drug, Device and Cosmetic
26 Act shall not be available to a defendant to which this section
27 applies.
28 (d) Appellate review.--If a sentencing court refuses to
29 apply this section where applicable, the Commonwealth shall have
30 the right to appellate review of the action of the sentencing
20070H1606B2045 - 16 -
1 court. The appellate court shall vacate the sentence and remand
2 the case to the sentencing court for imposition of a sentence in
3 accordance with this section if it finds that the sentence was
4 imposed in violation of this section.
5 (e) Forfeiture.--Assets against which a forfeiture petition
6 has been filed and is pending or against which the Commonwealth
7 has indicated an intention to file a forfeiture petition shall
8 not be subject to a fine. Nothing in this section shall prevent
9 a fine from being imposed on assets which have been subject to
10 an unsuccessful forfeiture petition.
11 (f) Growing plants.--When the controlled substance is
12 marijuana in the form of growing plants and the number of plants
13 is nine or less, weighing may be accomplished by law enforcement
14 officials utilizing any certified scale convenient to the place
15 of arrest for the purpose of determining the weight of the
16 growing marijuana plant. The aggregate weight of the plant is to
17 include the whole plant including the root system if possible.
18 The weight is not to include any substance not a part of the
19 growing plant.]
20 Section 3. The amendment or repeal of 18 Pa.C.S. §§
21 5123(a.1), 6314, 6317 and 7508 shall apply to sentences imposed
22 on or after the effective date of this act.
23 Section 4. This act shall take effect in 60 days.
D4L18JS/20070H1606B2045 - 17 -