| HOUSE AMENDED |
| PRIOR PRINTER'S NO. 98 | PRINTER'S NO. 1333 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY GORDNER, ORIE, RAFFERTY, COSTA, BOSCOLA, ALLOWAY, BAKER, EICHELBERGER, ERICKSON, FONTANA, KASUNIC, KITCHEN, LOGAN, ROBBINS, TARTAGLIONE, TOMLINSON, D. WHITE, WOZNIAK, YAW, O'PAKE, WONDERLING AND WASHINGTON, JANUARY 30, 2009 |
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| AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF REPRESENTATIVES, AS AMENDED, JULY 21, 2009 |
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| AN ACT |
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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; and providing for |
12 | methamphetamine production, for the offenses of operating a | <-- |
13 | methamphetamine laboratory and illegal dumping of |
14 | methamphetamine waste and for environmental costs. |
15 | The General Assembly of the Commonwealth of Pennsylvania |
16 | hereby enacts as follows: |
17 | Section 1. Section 13(c) of the act of April 14, 1972 (P.L. |
18 | 233, No.64), known as The Controlled Substance, Drug, Device and |
19 | Cosmetic Act, amended December 14, 1984 (P.L.988, No.200), is |
20 | amended and subsection (a) is amended by adding a clause to |
21 | read: |
22 | Section 13. Prohibited Acts; Penalties.--(a) The following |
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1 | acts and the causing thereof within the Commonwealth are hereby |
2 | prohibited: |
3 | * * * |
4 | (39) The knowing possession of ephedrine, pseudoephedrine, |
5 | phenylpropanolamine or a product containing ephedrine, |
6 | pseudoephedrine, phenylpropanolamine, or any of their salts, |
7 | optical isomers or salts of optical isomers with the intent to |
8 | manufacture methamphetamine. |
9 | * * * |
10 | (c) Any person who violates the provisions of clauses (21), |
11 | (22) [and (24)], (24) and (39) of subsection (a) shall be guilty |
12 | of a misdemeanor, and shall, on conviction thereof, be punished |
13 | only as follows: |
14 | (1) Upon conviction of the first such offense, he shall be |
15 | sentenced to imprisonment not exceeding six months, or to pay a |
16 | fine not exceeding ten thousand dollars ($10,000), or both. |
17 | (2) Upon conviction of the second and subsequent offense, he |
18 | shall be sentenced to imprisonment not exceeding two years, or |
19 | to pay a fine not exceeding twenty-five thousand dollars |
20 | ($25,000), or both. |
21 | * * * |
22 | Section 2. The act is amended by adding a section sections | <-- |
23 | to read: |
24 | Section 13.3. Methamphetamine Production.--(a) Proof that a |
25 | person had in his possession more than 40 grams or 15 packages |
26 | of any drug containing ephedrine, pseudoephedrine, |
27 | phenylpropanolamine, or any of their salts, optical isomers or |
28 | salts of optical isomers as an active ingredient shall give rise |
29 | to a rebuttable presumption that the person acted with intent to |
30 | manufacture methamphetamine. |
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1 | (b) Proof that a person had in his possession any amount of |
2 | ephedrine, pseudoephedrine, phenylpropanolamine, or any of their |
3 | salts, optical isomers or salts of optical isomers as an active |
4 | ingredient and at the same time possessed any amount of any |
5 | precursor substance under section 13.1 shall give rise to a |
6 | rebuttable presumption that the person acted with intent to |
7 | manufacture methamphetamine. |
8 | (c) The provisions of this section shall not apply to a |
9 | licensed pharmaceutical manufacturer, wholesaler, or the sales |
10 | representative of a licensed manufacturer or wholesaler, or to a |
11 | licensed pharmacist or licensed health care professional, or to |
12 | any other person engaged by a licensed manufacturer, wholesaler, |
13 | pharmacist or health care provider, who lawfully markets, |
14 | transports, delivers or dispenses a product containing |
15 | ephedrine, pseudoephedrine, phenylpropanolamine, or any of their |
16 | salts, optical isomers or salts of optical isomers. |
17 | Section 13.4. Operating a Methamphetamine Laboratory and | <-- |
18 | Illegal Dumping of Methamphetamine Waste.--(a) (1) A person |
19 | commits the offense of operating a methamphetamine laboratory if |
20 | the person knowingly causes a chemical reaction involving |
21 | ephedrine, pseudoephedrine or phenylpropanolamine or any of |
22 | their salts, optical isomers or salts of optical isomers for the |
23 | purpose of manufacturing methamphetamine or preparing a |
24 | precursor substance for the manufacture of methamphetamine. |
25 | (2) Except as provided in clause (3), an offense under this |
26 | subsection constitutes a felony of the second degree and is |
27 | subject to 18 Pa.C.S. § 1110 (relating to restitution for |
28 | cleanup of clandestine laboratories). |
29 | (3) A person who violates this subsection commits a felony |
30 | of the first degree and is subject to 18 Pa.C.S. § 1110 if the |
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1 | chemical reaction occurs within 1,000 feet of the real property |
2 | on which is located a public, private or parochial school, a |
3 | college or university or a nursery school or day care center, or |
4 | within 250 feet of the real property on which is located a |
5 | recreation center or playground. |
6 | (4) This subsection does not apply to the manufacturing |
7 | operation of a licensed pharmaceutical company in the normal |
8 | course of business. |
9 | (b) (1) A person commits a felony of the third degree if he |
10 | intentionally, knowingly or recklessly deposits, stores or |
11 | disposes on any property a precursor substance, chemical waste |
12 | or debris, used in or resulting from the manufacture of |
13 | methamphetamine or the preparation of a precursor substance for |
14 | the manufacture of methamphetamine. |
15 | (2) Clause (1) does not apply to the disposal of waste |
16 | products: |
17 | (i) by a licensed pharmaceutical company in the normal |
18 | course of business; or |
19 | (ii) pursuant to Federal or State laws regulating the |
20 | cleanup or disposal of waste products from unlawful |
21 | manufacturing of methamphetamine. |
22 | (c) In addition to restitution under 18 Pa.C.S. § 1110, a |
23 | person who is convicted of an offense under subsection (a) or |
24 | the use of a precursor substance to manufacture methamphetamine |
25 | shall be ordered to reimburse the appropriate law enforcement |
26 | agency, emergency medical services organization, fire company or |
27 | other organization for the costs of cleaning up the |
28 | environmental hazards associated with the operation of the |
29 | laboratory or the use of a precursor substance to manufacture |
30 | methamphetamine. |
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1 | Section 13.5. Environmental Costs.--In addition to |
2 | restitution under 18 Pa.C.S. § 1110 (relating to restitution for |
3 | cleanup of clandestine laboratories), a person who is convicted |
4 | of an offense involving the operation of a methamphetamine |
5 | laboratory or the use of a precursor substance to manufacture |
6 | methamphetamine shall be ordered to reimburse the appropriate |
7 | law enforcement agency, emergency medical services organization, |
8 | fire company or other organization for the costs of cleaning up |
9 | the environmental hazards associated with the operation of the |
10 | laboratory or the use of a precursor substance to manufacture |
11 | methamphetamine. |
12 | Section 3. This act shall take effect in 60 days. |
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