otherwise authorized by law or by local ordinance pursuant to
section 41.1(b), that provides drug paraphernalia and space for
any person to inject, ingest, inhale or otherwise introduce into
the person's body a controlled substance in violation of this
act.
* * *
(q) Any person who violates subsection (a)(41):
(1) Is guilty of a felony and upon conviction thereof shall
be sentenced to a term of imprisonment of not more than twenty
years or a fine of not more than five hundred thousand dollars
($500,000), or both, or a fine of two million dollars
($2,000,000) for a person other than an individual.
(2) Shall be subject to a civil penalty of not more than the
greater of two hundred fifty thousand dollars ($250,000).
Section 2. Section 41.1 of the act is amended to read:
Section 41.1. Effect on Local Ordinances.--(a) Nothing in
this act relating to drug paraphernalia shall be deemed to
supersede or invalidate any consistent local ordinance,
including zoning and nuisance ordinances, relating to the
possession, sale or use of drug paraphernalia.
(b) The governing body of a municipality shall have the
option to authorize by ordinance or resolution the operation of
a clinic or establishment in the municipality that provides drug
paraphernalia and space for any person to inject, ingest, inhale
or otherwise introduce into the person's body a controlled
substance for the purpose of reducing the spread of disease and
overdose-related deaths and providing information related to
treatment services for drug dependency or drug abuse. The
ordinance must provide for, at a minimum, the following
requirements for the operation of the clinic or establishment:
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