PRINTER'S NO. 216
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
233
Session of
2019
INTRODUCED BY STREET, BARTOLOTTA, LEACH, COSTA, SCHWANK, BLAKE,
DiSANTO, TARTAGLIONE, COLLETT AND FARNESE, FEBRUARY 7, 2019
REFERRED TO JUDICIARY, FEBRUARY 7, 2019
AN ACT
Amending the act of April 14, 1972 (P.L.233, No.64), entitled
"An act relating to the manufacture, sale and possession of
controlled substances, other drugs, devices and cosmetics;
conferring powers on the courts and the secretary and
Department of Health, and a newly created Pennsylvania Drug,
Device and Cosmetic Board; establishing schedules of
controlled substances; providing penalties; requiring
registration of persons engaged in the drug trade and for the
revocation or suspension of certain licenses and
registrations; and repealing an act," further providing for
prohibited acts and penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 13(a)(31) and (g) of the act of April 14,
1972 (P.L.233, No.64), known as The Controlled Substance, Drug,
Device and Cosmetic Act, are amended to read:
Section 13. Prohibited Acts; Penalties.--(a) The following
acts and the causing thereof within the Commonwealth are hereby
prohibited:
* * *
(31) Notwithstanding other subsections of this section[,]:
(i) the possession of a small amount of marihuana only for
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personal use; (ii) the possession of a small amount of marihuana
with the intent to distribute it but not to sell it; [or] (iii)
the distribution of a small amount of marihuana but not for
sale[.]; or (iv) the smoking of a small amount of marihuana in a
public space.
[For purposes of this subsection, thirty (30) grams of
marihuana or eight (8) grams of hashish shall be considered a
small amount of marihuana.]
As used in this subsection:
"Public space" means a street, alley, park, sidewalk, a
vehicle in or upon any street, alley, park or parking area or
any other place to which the public is invited.
"Small amount of marihuana" means thirty (30) grams or less
of marihuana or eight (8) grams or less of hashish.
"Smoking" means inhaling, exhaling, burning or carrying a
lighted cigarette, cigar, pipe or other device which contains
marihuana.
* * *
(g) (1) Any person who violates clause (31)(i), (ii) or
(iii) of subsection (a) is guilty of a [misdemeanor] summary
offense and upon conviction thereof shall be [sentenced to
imprisonment not exceeding thirty days, or] ordered to pay a
fine not exceeding [five hundred dollars ($500), or both]
twenty-five dollars ($25).
(2) Any person who violates clause (31)(iv) of subsection
(a) is guilty of a summary offense and upon conviction thereof
shall be ordered to pay a fine not exceeding one hundred dollars
($100).
(3) A conviction under this subsection shall not trigger
application of the mandatory license suspension provisions under
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75 Pa.C.S. ยง 1532(c) (relating to suspension of operating
privilege).
* * *
Section 2. This act shall take effect in 60 days.
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