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PRINTER'S NO. 856
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
712
Session of
2017
INTRODUCED BY BREWSTER, FONTANA, HUGHES, VULAKOVICH AND COSTA,
MAY 19, 2017
REFERRED TO JUDICIARY, MAY 19, 2017
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in other offenses, further providing
for drug trafficking sentencing and penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 7508 of Title 18 of the Pennsylvania
Consolidated Statutes is amended to read:
ยง 7508. Drug trafficking sentencing and penalties.
[(a) General rule.--Notwithstanding any other provisions of
this or any other act to the contrary, the following provisions
shall apply:
(1) A person who is convicted of violating section 13(a)
(14), (30) or (37) of the act of April 14, 1972 (P.L.233,
No.64), known as The Controlled Substance, Drug, Device and
Cosmetic Act, where the controlled substance is marijuana
shall, upon conviction, be sentenced to a mandatory minimum
term of imprisonment and a fine as set forth in this
subsection:
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(i) when the amount of marijuana involved is at
least two pounds, but less than ten pounds, or at least
ten live plants but less than 21 live plants; one year in
prison and a fine of $5,000 or such larger amount as is
sufficient to exhaust the assets utilized in and the
proceeds from the illegal activity; however, if at the
time of sentencing the defendant has been convicted of
another drug trafficking offense: two years in prison and
a fine of $10,000 or such larger amount as is sufficient
to exhaust the assets utilized in and the proceeds from
the illegal activity;
(ii) when the amount of marijuana involved is at
least ten pounds, but less than 50 pounds, or at least 21
live plants but less than 51 live plants; three years in
prison and a fine of $15,000 or such larger amount as is
sufficient to exhaust the assets utilized in and the
proceeds from the illegal activity; however, if at the
time of sentencing the defendant has been convicted of
another drug trafficking offense: four years in prison
and a fine of $30,000 or such larger amount as is
sufficient to exhaust the assets utilized in and the
proceeds from the illegal activity; and
(iii) when the amount of marijuana involved is at
least 50 pounds, or at least 51 live plants; five years
in prison and a fine of $50,000 or such larger amount as
is sufficient to exhaust the assets utilized in and the
proceeds from the illegal activity.
(2) A person who is convicted of violating section 13(a)
(14), (30) or (37) of The Controlled Substance, Drug, Device
and Cosmetic Act where the controlled substance or a mixture
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containing it is classified in Schedule I or Schedule II
under section 4 of that act and is a narcotic drug shall,
upon conviction, be sentenced to a mandatory minimum term of
imprisonment and a fine as set forth in this subsection:
(i) when the aggregate weight of the compound or
mixture containing the substance involved is at least 2.0
grams and less than ten grams; two years in prison and a
fine of $5,000 or such larger amount as is sufficient to
exhaust the assets utilized in and the proceeds from the
illegal activity; however, if at the time of sentencing
the defendant has been convicted of another drug
trafficking offense: three years in prison and $10,000 or
such larger amount as is sufficient to exhaust the assets
utilized in and the proceeds from the illegal activity;
(ii) when the aggregate weight of the compound or
mixture containing the substance involved is at least ten
grams and less than 100 grams; three years in prison and
a fine of $15,000 or such larger amount as is sufficient
to exhaust the assets utilized in and the proceeds from
the illegal activity; however, if at the time of
sentencing the defendant has been convicted of another
drug trafficking offense: five years in prison and
$30,000 or such larger amount as is sufficient to exhaust
the assets utilized in and the proceeds from the illegal
activity; and
(iii) when the aggregate weight of the compound or
mixture containing the substance involved is at least 100
grams; five years in prison and a fine of $25,000 or such
larger amount as is sufficient to exhaust the assets
utilized in and the proceeds from the illegal activity;
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however, if at the time of sentencing the defendant has
been convicted of another drug trafficking offense: seven
years in prison and $50,000 or such larger amount as is
sufficient to exhaust the assets utilized in and the
proceeds from the illegal activity.
(3) A person who is convicted of violating section 13(a)
(14), (30) or (37) of The Controlled Substance, Drug, Device
and Cosmetic Act where the controlled substance is coca
leaves or is any salt, compound, derivative or preparation of
coca leaves or is any salt, compound, derivative or
preparation which is chemically equivalent or identical with
any of these substances or is any mixture containing any of
these substances except decocainized coca leaves or extracts
of coca leaves which (extracts) do not contain cocaine or
ecgonine shall, upon conviction, be sentenced to a mandatory
minimum term of imprisonment and a fine as set forth in this
subsection:
(i) when the aggregate weight of the compound or
mixture containing the substance involved is at least 2.0
grams and less than ten grams; one year in prison and a
fine of $5,000 or such larger amount as is sufficient to
exhaust the assets utilized in and the proceeds from the
illegal activity; however, if at the time of sentencing
the defendant has been convicted of another drug
trafficking offense: three years in prison and $10,000 or
such larger amount as is sufficient to exhaust the assets
utilized in and the proceeds from the illegal activity;
(ii) when the aggregate weight of the compound or
mixture containing the substance involved is at least ten
grams and less than 100 grams; three years in prison and
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a fine of $15,000 or such larger amount as is sufficient
to exhaust the assets utilized in and the proceeds from
the illegal activity; however, if at the time of
sentencing the defendant has been convicted of another
drug trafficking offense: five years in prison and
$30,000 or such larger amount as is sufficient to exhaust
the assets utilized in and the proceeds from the illegal
activity; and
(iii) when the aggregate weight of the compound or
mixture of the substance involved is at least 100 grams;
four years in prison and a fine of $25,000 or such larger
amount as is sufficient to exhaust the assets utilized in
and the proceeds from the illegal activity; however, if
at the time of sentencing the defendant has been
convicted of another drug trafficking offense: seven
years in prison and $50,000 or such larger amount as is
sufficient to exhaust the assets utilized in and the
proceeds from the illegal activity.
(4) A person who is convicted of violating section 13(a)
(14), (30) or (37) of The Controlled Substance, Drug, Device
and Cosmetic Act where the controlled substance is
methamphetamine or phencyclidine or is a salt, isomer or salt
of an isomer of methamphetamine or phencyclidine or is a
mixture containing methamphetamine or phencyclidine,
containing a salt of methamphetamine or phencyclidine,
containing an isomer of methamphetamine or phencyclidine,
containing a salt of an isomer of methamphetamine or
phencyclidine shall, upon conviction, be sentenced to a
mandatory minimum term of imprisonment and a fine as set
forth in this subsection:
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(i) when the aggregate weight of the compound or
mixture containing the substance involved is at least
five grams and less than ten grams; three years in prison
and a fine of $15,000 or such larger amount as is
sufficient to exhaust the assets utilized in and the
proceeds from the illegal activity; however, if at the
time of sentencing the defendant has been convicted of
another drug trafficking offense: five years in prison
and $30,000 or such larger amount as is sufficient to
exhaust the assets utilized in and the proceeds from the
illegal activity;
(ii) when the aggregate weight of the compound or
mixture containing the substance involved is at least ten
grams and less than 100 grams; four years in prison and a
fine of $25,000 or such larger amount as is sufficient to
exhaust the assets utilized in and the proceeds from the
illegal activity; however, if at the time of sentencing
the defendant has been convicted of another drug
trafficking offense: seven years in prison and $50,000 or
such larger amount as is sufficient to exhaust the assets
utilized in and the proceeds from the illegal activity;
and
(iii) when the aggregate weight of the compound or
mixture containing the substance involved is at least 100
grams; five years in prison and a fine of $50,000 or such
larger amount as is sufficient to exhaust the assets
utilized in and the proceeds from the illegal activity;
however, if at the time of sentencing the defendant has
been convicted of another drug trafficking offense: eight
years in prison and $50,000 or such larger amount as is
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sufficient to exhaust the assets utilized in and the
proceeds from the illegal activity.
(5) A person who is convicted of violating section 13(a)
(14), (30) or (37) of The Controlled Substance, Drug, Device
and Cosmetic Act, and who, in the course of the offense,
manufactures, delivers, brings into this Commonwealth or
possesses with intent to manufacture or deliver amphetamine
or any salt, optical isomer, or salt of an optical isomer, or
a mixture containing any such substances shall, when the
aggregate weight of the compound or mixture containing the
substance involved is at least five grams, be sentenced to
two and one-half years in prison and a fine of $15,000 or
such larger amount as is sufficient to exhaust the assets
utilized in and the proceeds from the illegal activity;
however, if at the time of sentencing the defendant has been
convicted of another drug trafficking offense: be sentenced
to five years in prison and $30,000 or such larger amount as
is sufficient to exhaust the assets utilized in and the
proceeds from the illegal activity.
(6) A person who is convicted of violating section 13(a)
(14), (30) or (37) of The Controlled Substance, Drug, Device
and Cosmetic Act where the controlled substance is
methaqualone shall, upon conviction, be sentenced to a
mandatory minimum term of imprisonment and a fine as set
forth in this subsection:
(i) when the aggregate weight of the compound or
mixture containing the substance involved is at least 50
tablets, capsules, caplets or other dosage units, or 25
grams and less than 200 tablets, capsules, caplets or
other dosage units, or 100 grams; one year in prison and
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a fine of $2,500 or such larger amount as is sufficient
to exhaust the assets utilized in and the proceeds from
the illegal activity; however, if at the time of
sentencing the defendant has been convicted of another
drug trafficking offense: three years in prison and
$5,000 or such larger amount as is sufficient to exhaust
the assets utilized in and the proceeds from the illegal
activity; and
(ii) when the aggregate weight of the compound or
mixture containing the substance involved is at least 200
tablets, capsules, caplets or other dosage units, or more
than 100 grams; two and one-half years in prison and a
fine of $15,000 or such larger amount as is sufficient to
exhaust the assets utilized in and the proceeds from the
illegal activity; however, if at the time of sentencing
the defendant has been convicted of another drug
trafficking offense: five years in prison and $30,000 or
such larger amount as is sufficient to exhaust the assets
utilized in and the proceeds from the illegal activity.
(7) A person who is convicted of violating section 13(a)
(14), (30) or (37) of The Controlled Substance, Drug, Device
and Cosmetic Act where the controlled substance or a mixture
containing it is heroin shall, upon conviction, be sentenced
as set forth in this paragraph:
(i) when the aggregate weight of the compound or
mixture containing the heroin involved is at least 1.0
gram but less than 5.0 grams the sentence shall be a
mandatory minimum term of two years in prison and a fine
of $5,000 or such larger amount as is sufficient to
exhaust the assets utilized in and the proceeds from the
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illegal activity; however, if at the time of sentencing
the defendant has been convicted of another drug
trafficking offense: a mandatory minimum term of three
years in prison and $10,000 or such larger amount as is
sufficient to exhaust the assets utilized in and the
proceeds from the illegal activity;
(ii) when the aggregate weight of the compound or
mixture containing the heroin involved is at least 5.0
grams but less than 50 grams: a mandatory minimum term of
three years in prison and a fine of $15,000 or such
larger amount as is sufficient to exhaust the assets
utilized in and the proceeds from the illegal activity;
however, if at the time of sentencing the defendant has
been convicted of another drug trafficking offense: a
mandatory minimum term of five years in prison and
$30,000 or such larger amount as is sufficient to exhaust
the assets utilized in and the proceeds from the illegal
activity; and
(iii) when the aggregate weight of the compound or
mixture containing the heroin involved is 50 grams or
greater: a mandatory minimum term of five years in prison
and a fine of $25,000 or such larger amount as is
sufficient to exhaust the assets utilized in and the
proceeds from the illegal activity; however, if at the
time of sentencing the defendant has been convicted of
another drug trafficking offense: a mandatory minimum
term of seven years in prison and $50,000 or such larger
amount as is sufficient to exhaust the assets utilized in
and the proceeds from the illegal activity.
(8) A person who is convicted of violating section 13(a)
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(12), (14) or (30) of The Controlled Substance, Drug, Device
and Cosmetic Act where the controlled substance or a mixture
containing it is 3,4-methylenedioxyamphetamine (MDA); 3,4-
methylenedioxymethamphetamine (MDMA); 5-methoxy-3,4-
methylenedioxyamphetamine (MMDA); 3,4-methylenedioxy-N-
ethylamphetamine; N-hydroxy-3,4-methylenedioxyamphetamine; or
their salts, isomers and salts of isomers, whenever the
existence of such salts, isomers and salts of isomers is
possible within the specific chemical designation, shall,
upon conviction, be sentenced as set forth in this paragraph:
(i) When the aggregate weight of the compound or
mixture containing the substance involved is at least 50
tablets, capsules, caplets or other dosage units, or 15
grams and less than 100 tablets, capsules, caplets or
other dosage units, or less than 30 grams, the person is
guilty of a felony and, upon conviction thereof, shall be
sentenced to imprisonment not exceeding five years or to
pay a fine not exceeding $15,000, or both.
(ii) When the aggregate weight of the compound or
mixture containing the substance involved is at least 100
tablets, capsules, caplets or other dosage units, or 30
grams and less than 1,000 tablets, capsules, caplets or
other dosage units, or less than 300 grams, the person is
guilty of a felony and, upon conviction thereof, shall be
sentenced to imprisonment not exceeding ten years or to
pay a fine not exceeding $100,000, or both.
(iii) When the aggregate weight of the compound or
mixture containing the substance involved is at least
1,000 tablets, capsules, caplets or other dosage units,
or 300 grams, the person is guilty of a felony and, upon
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conviction thereof, shall be sentenced to imprisonment
not exceeding 15 years or to pay a fine not exceeding
$250,000, or both.
(a.1) Previous conviction.--For purposes of this section, it
shall be deemed that a defendant has been convicted of another
drug trafficking offense when the defendant has been convicted
of another offense under section 13(a)(14), (30) or (37) of The
Controlled Substance, Drug, Device and Cosmetic Act, or of a
similar offense under any statute of any state or the United
States, whether or not judgment of sentence has been imposed
concerning that offense.
(b) Proof of sentencing.--Provisions of this section shall
not be an element of the crime. Notice of the applicability of
this section to the defendant shall not be required prior to
conviction, but reasonable notice of the Commonwealth's
intention to proceed under this section shall be provided after
conviction and before sentencing. The applicability of this
section shall be determined at sentencing. The court shall
consider evidence presented at trial, shall afford the
Commonwealth and the defendant an opportunity to present
necessary additional evidence and shall determine, by a
preponderance of the evidence, if this section is applicable.
(c) Mandatory sentencing.--There shall be no authority in
any court to impose on an offender to which this section is
applicable a lesser sentence than provided for herein or to
place the offender on probation, parole or work release or to
suspend sentence. Nothing in this section shall prevent the
sentencing court from imposing a sentence greater than provided
herein. Sentencing guidelines promulgated by the Pennsylvania
Commission on Sentencing shall not supersede the mandatory
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sentences provided herein. Disposition under section 17 or 18 of
The Controlled Substance, Drug, Device and Cosmetic Act shall
not be available to a defendant to which this section applies.
(d) Appellate review.--If a sentencing court refuses to
apply this section where applicable, the Commonwealth shall have
the right to appellate review of the action of the sentencing
court. The appellate court shall vacate the sentence and remand
the case to the sentencing court for imposition of a sentence in
accordance with this section if it finds that the sentence was
imposed in violation of this section.
(e) Forfeiture.--Assets against which a forfeiture petition
has been filed and is pending or against which the Commonwealth
has indicated an intention to file a forfeiture petition shall
not be subject to a fine. Nothing in this section shall prevent
a fine from being imposed on assets which have been subject to
an unsuccessful forfeiture petition.
(f) Growing plants.--When the controlled substance is
marijuana in the form of growing plants and the number of plants
is nine or less, weighing may be accomplished by law enforcement
officials utilizing any certified scale convenient to the place
of arrest for the purpose of determining the weight of the
growing marijuana plant. The aggregate weight of the plant is to
include the whole plant including the root system if possible.
The weight is not to include any substance not a part of the
growing plant.]
(a) General rule.--A person commits an offense when the
person is in possession of a controlled substance as provided
under subsection (b), (c), (d), (e), (f), (g) or (h) that would
constitute a violation of section 13(a)(14), (30) or (37) of the
act of April 14, 1972 (P.L.233, No.64), known as The Controlled
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Substance, Drug, Device and Cosmetic Act, and where the person
was in possession of a firearm in violation of the following:
(1) section 6105 (relating to persons not to possess,
use, manufacture, control, sell or transfer firearms);
(2) section 6106 (relating to firearms not to be carried
without a license); or
(3) section 6110.2 (relating to possession of firearm
with altered manufacturer's number).
(b) Marijuana.--An offense under subsection (a) where the
controlled substance is marijuana shall be graded as follows:
(1) A misdemeanor of the first degree when the amount of
marijuana involved is at least two pounds, but less than 10
pounds, or at least 10 live plants but less than 21 live
plants.
(2) A felony of the third degree when the amount of
marijuana involved is at least 10 pounds, but less than 50
pounds, or at least 21 live plants but less than 51 live
plants.
(3) A felony of the second degree when the amount of
marijuana involved is at least 50 pounds or at least 51 live
plants.
(c) Schedule I or II narcotics.--An offense under subsection
(a) where the controlled substance or a mixture containing it is
classified in Schedule I or Schedule II under section 4 of The
Controlled Substance, Drug, Device and Cosmetic Act and is a
narcotic drug shall be graded as follows:
(1) A misdemeanor of the first degree when the aggregate
weight of the compound or mixture containing the substance
involved is at least 2.0 grams and less than 10 grams.
(2) A felony of the third degree when the aggregate
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weight of the compound or mixture containing the substance
involved is at least 10 grams and less than 100 grams.
(3) A felony of the second degree when the aggregate
weight of the compound or mixture containing the substance
involved is at least 100 grams.
(d) Coca leaves.--An offense under subsection (a) where the
controlled substance is coca leaves, a salt, compound,
derivative or preparation of coca leaves, a salt, compound,
derivative or preparation that is chemically equivalent or
identical to any of these substances or a mixture containing any
of these substances except decocainized coca leaves or extracts
of coca leaves that do not contain cocaine or ecgonine shall be
graded as follows:
(1) A misdemeanor of the first degree when the aggregate
weight of the compound or mixture containing the substance
involved is at least 2.0 grams and less than 10 grams.
(2) A felony of the third degree when the aggregate
weight of the compound or mixture containing the substance
involved is at least 10 grams and less than 100 grams.
(3) A felony of the second degree when the aggregate
weight of the compound or mixture of the substance involved
is at least 100 grams.
(e) Methamphetamine or phencyclidine.--An offense under
subsection (a) where the controlled substance is methamphetamine
or phencyclidine, a salt, isomer or salt of an isomer of
methamphetamine or phencyclidine or a mixture containing any of
these substances shall be graded as follows:
(1) A misdemeanor of the first degree when the aggregate
weight of the compound or mixture containing the substance
involved is at least five grams and less than 10 grams.
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(2) A felony of the third degree when the aggregate
weight of the compound or mixture containing the substance
involved is at least 10 grams and less than 100 grams.
(3) A felony of the second degree when the aggregate
weight of the compound or mixture containing the substance
involved is at least 100 grams.
(f) Heroin.--An offense under subsection (a) where the
controlled substance is heroin or a mixture containing heroin
shall be graded as follows:
(1) A misdemeanor of the first degree when the aggregate
weight of the compound or mixture containing the heroin
involved is at least one gram but less than five grams.
(2) A felony of the third degree when the aggregate
weight of the compound or mixture containing the heroin
involved is at least five grams but less than 50 grams.
(3) A felony of the second degree when the aggregate
weight of the compound or mixture containing the heroin
involved is 50 grams or greater.
(g) MDA, MDMA and MMDA.--An offense under subsection (a)
where the controlled substance or a mixture containing the
controlled substance is 3,4-methylenedioxyamphetamine (MDA);
3,4-methylenedioxymethamphetamine (MDMA); 5-methoxy-3,4-
methylenedioxyamphetamine (MMDA); 3,4-methylenedioxy-N-
ethylamphetamine; N-hydroxy-3,4-methylenedioxyamphetamine; or
their salts, isomers and salts of isomers, whenever the
existence of such salts, isomers and salts of isomers is
possible within the specific chemical designation, shall be
graded as follows:
(1) A felony of the third degree when the aggregate
weight of the compound or mixture containing the substance
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involved is at least 50 tablets, capsules, caplets or other
dosage units, or at least 15 grams, and less than 100
tablets, capsules, caplets or other dosage units, or less
than 30 grams.
(2) A felony of the second degree when the aggregate
weight of the compound or mixture containing the substance
involved is at least 100 tablets, capsules, caplets or other
dosage units, or 30 grams.
(h) Methaqualone.--An offense under subsection (a) where the
controlled substance is methaqualone shall be graded as follows:
(1) A misdemeanor of the first degree when the aggregate
weight of the compound or mixture containing the substance
involved is at least 50 tablets, capsules, caplets or other
dosage units, or at least 25 grams, and less than 200
tablets, capsules, caplets or other dosage units, or less
than 100 grams.
(2) A felony of the third degree when the aggregate
weight of the compound or mixture containing the substance
involved is at least 200 tablets, capsules, caplets or other
dosage units, or more than 100 grams.
(i) Additional offense.--A person who manufactures,
delivers, brings into this Commonwealth or possesses with intent
to manufacture or deliver amphetamine or any salt, optical
isomer, salt of an optical isomer or mixture containing any such
substances, when the aggregate weight of the compound or mixture
containing the substance involved is at least five grams, shall,
upon conviction, be sentenced to two and one-half years in
prison and a fine of $15,000 or such larger amount as is
sufficient to exhaust the assets utilized in and the proceeds
from the illegal activity. If, at the time of sentencing, the
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defendant has been convicted of another drug trafficking
offense, the defendant shall be sentenced to five years in
prison and a fine of $30,000 or such larger amount as is
sufficient to exhaust the assets utilized in and the proceeds
from the illegal activity.
(j) Previous conviction.--A second or subsequent offense
under this section or a prior conviction for drug trafficking
shall increase the grade of the offense by one degree. For
purposes of this section, a defendant shall be deemed to have
been convicted of another drug trafficking offense when the
defendant has been convicted of another offense under section
13(a)(14), (30) or (37) of The Controlled Substance, Drug,
Device and Cosmetic Act or of a similar offense under any
statute of any state or the United States or any territory or
possession thereof, whether or not judgment of sentence has been
imposed concerning that offense.
(k) Forfeiture.--Assets against which a forfeiture petition
has been filed and is pending or against which the Commonwealth
has indicated an intention to file a forfeiture petition shall
not be subject to a fine. Nothing in this section may prevent a
fine from being imposed on assets that have been subject to an
unsuccessful forfeiture petition.
(l) Live plants.--When the controlled substance is marijuana
in the form of live plants and the number of plants is nine or
less, weighing may be accomplished by law enforcement officials
utilizing any certified scale convenient to the place of arrest
for the purpose of determining the weight of the live marijuana
plant. The aggregate weight of the plant shall include the whole
plant, including the root system if possible. The weight shall
not include any substance that is not a part of the live plant.
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Section 2. This act shall take effect in 60 days.
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