PRINTER'S NO. 156
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
165
Session of
2023
INTRODUCED BY TARTAGLIONE, FONTANA, BREWSTER, PENNYCUICK,
LAUGHLIN AND STEFANO, JANUARY 30, 2023
REFERRED TO JUDICIARY, JANUARY 30, 2023
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) of the act of April 14, 1972
(P.L.233, No.64), known as The Controlled Substance, Drug,
Device and Cosmetic Act, is amended by adding a clause and the
section is amended by adding a subsection to read:
Section 13. Prohibited Acts; Penalties.--(a) The following
acts and the causing thereof within the Commonwealth are hereby
prohibited:
* * *
(41) The operation of a clinic or establishment that
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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 two
hundred fifty thousand dollars ($250,000).
Section 2. This act shall take effect in 60 days.
20230SB0165PN0156 - 2 -
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