PRINTER'S NO. 403
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
352
Session of
2021
INTRODUCED BY KEARNEY, CAPPELLETTI, COSTA, FONTANA, SCHWANK,
STREET AND TARTAGLIONE, MARCH 12, 2021
REFERRED TO JUDICIARY, MARCH 12, 2021
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 "marihuana" 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:
* * *
"Marihuana" [consists of all forms, species and/or varieties
of the genus Cannabis sativa L., whether growing or not; the
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seeds thereof; the resin extracted from any part of such plant;
and every compound, manufacture, salt, derivative, mixture, or
preparation of such plant, its seeds or resin; but shall not
include tetrahydrocannabinols, the mature stalks of such plant,
fiber produced from such stalks, oil or cake made from the seeds
of such plant, any other compound, manufacture, salt,
derivative, mixture, or preparation of such mature stalks
(except the resin extracted therefrom), fiber, oil, cake, or the
sterilized seed of such plant which is incapable of
germination.] means all parts of the plant Cannabis sativa L.,
whether growing or not; the seeds thereof; the resin extracted
from any part of such plant; and every compound, manufacture,
salt, derivative, mixture or preparation of such plant, its
seeds or resin. The term does not include:
(1) industrial hemp, as defined in 3 Pa.C.S. ยง 702 (relating
to definitions); or
(2) the mature stalks of an industrial hemp plant, fiber
produced from such stalks, oil or cake made from the seeds of
such plant, any other compound, manufacture, salt, derivative,
mixture or preparation of such mature stalks, except the resin
extracted therefrom, fiber, oil or cake or the sterilized seed
of such plant which is incapable of germination.
* * *
Section 2. This act shall take effect in 60 days.
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