PRINTER'S NO. 1241
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
886
Session of
2019
INTRODUCED BY LEACH, STREET AND HUGHES, OCTOBER 7, 2019
REFERRED TO JUDICIARY, OCTOBER 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
definitions.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "drug paraphernalia" in section
2(b) of the act of April 14, 1972 (P.L.233, No.64), known as The
Controlled Substance, Drug, Device and Cosmetic Act, is amended
to read:
Section 2. Definitions.--* * *
(b) As used in this act:
* * *
"Drug paraphernalia" means all equipment, products and
materials of any kind which are used, intended for use or
designed for use in planting, propagating, cultivating, growing,
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harvesting, manufacturing, compounding, converting, producing,
processing, preparing, testing, analyzing, packaging,
repackaging, storing, containing, concealing, injecting,
ingesting, inhaling or otherwise introducing into the human body
a controlled substance in violation of this act. It includes,
but is not limited to:
(1) Kits used, intended for use or designed for use in
planting, propagating, cultivating, growing or harvesting of any
species of plant which is a controlled substance or from which a
controlled substance can be derived.
(2) Kits used, intended for use or designed for use in
manufacturing, compounding, converting, producing, processing or
preparing controlled substances.
(3) Isomerization devices used, intended for use or designed
for use in increasing the potency of any species of plant which
is a controlled substance.
(4) Testing equipment used, intended for use or designed for
use in identifying or in analyzing the strength, effectiveness
or purity of controlled substances.
(5) Scales and balances used, intended for use or designed
for use in weighing or measuring controlled substances.
(6) Diluents and adulterants, such as quinine hydrochloride,
mannitol, mannite, dextrose and lactose, used, intended for use
or designed for use in cutting controlled substances.
(7) Separation gins and sifters used, intended for use or
designed for use in removing twigs and seeds from or in
otherwise cleaning or refining marihuana.
(8) Blenders, bowls, containers, spoons and mixing devices
used, intended for use or designed for use in compounding
controlled substances.
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(9) Capsules, balloons, envelopes and other containers used,
intended for use or designed for use in packaging small
quantities of controlled substances.
(10) Containers and other objects used, intended for use or
designed for use in storing or concealing controlled substances.
(11) Hypodermic syringes, needles and other objects used,
intended for use, or designed for use in parenterally injected
controlled substances into the human body.
(12) Objects used, intended for use or designed for use in
ingesting, inhaling or otherwise introducing marihuana, cocaine,
hashish or hashish oil into the human body, such as:
(i) Metal, wooden, acrylic, glass, stone, plastic or ceramic
pipes with or without screens, permanent screens, hashish heads
or punctured metal bowls.
(ii) Water pipes.
(iii) Carburetion tubes and devices.
(iv) Smoking and carburetion masks.
(v) Roach clips; meaning objects used to hold burning
material such as a marihuana cigarette, that has become too
small or too short to be held in the hand.
(vi) Miniature cocaine spoons and cocaine vials.
(vii) Chamber pipes.
(viii) Carburetor pipes.
(ix) Electric pipes.
(x) Air-driven pipes.
(xi) Chillums.
(xii) Bongs.
(xiii) Ice pipes or chillers.
In determining whether an object is drug paraphernalia, a
court or other authority should consider, in addition to all
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other logically relevant factors, statements by an owner or by
anyone in control of the object concerning its use, prior
convictions, if any, of an owner, or of anyone in control of the
object, under any State or Federal law relating to any
controlled substance, the proximity of the object, in time and
space, to a direct violation of this act, the proximity of the
object to controlled substances, the existence of any residue of
controlled substances on the object, direct or circumstantial
evidence of the intent of an owner, or of anyone in control of
the object, to deliver it to persons who he knows, or should
reasonably know, intend to use the object to facilitate a
violation of this act, the innocence of an owner or of anyone in
control of the object, as to a direct violation of this act
should not prevent a finding that the object is intended for use
or designed for use as drug paraphernalia, instructions, oral or
written, provided with the object concerning its use,
descriptive materials accompanying the object which explain or
depict its use, national and local advertising concerning its
use, the manner in which the object is displayed for sale,
whether the owner, or anyone in control of the object, is a
legitimate supplier of like or related items to the community,
such as a licensed distributor or dealer of tobacco products,
direct or circumstantial evidence of the ratio of sales of the
objects to the total sales of the business enterprise, the
existence and scope of legitimate uses for the object in the
community, and expert testimony concerning its use.
This definition does not include fentanyl test strips for
personal use.
* * *
Section 2. This act shall take effect in 60 days.
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