PRIOR PRINTER'S NO. 156
PRINTER'S NO. 634
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
165
Session of
2023
INTRODUCED BY TARTAGLIONE, FONTANA, BREWSTER, PENNYCUICK,
LAUGHLIN AND STEFANO, JANUARY 30, 2023
SENATOR BAKER, JUDICIARY, AS AMENDED, APRIL 25, 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 KNOWINGLY PROVIDES space for any
person to inject, ingest, inhale or otherwise introduce into the
person's body a controlled substance in violation of this act.
THE FOLLOWING SHALL APPLY:
(I) THE DISTRICT ATTORNEYS OF THE SEVERAL COUNTIES SHALL
HAVE AUTHORITY TO INVESTIGATE AND TO INSTITUTE CRIMINAL
PROCEEDINGS FOR ANY VIOLATION OF THIS CLAUSE.
(II) IN ADDITION TO THE AUTHORITY CONFERRED UPON THE
ATTORNEY GENERAL BY THE ACT OF OCTOBER 15, 1980 (P.L.950,
NO.164), KNOWN AS THE "COMMONWEALTH ATTORNEYS ACT," THE ATTORNEY
GENERAL SHALL HAVE THE AUTHORITY TO INVESTIGATE AND TO INSTITUTE
CRIMINAL PROCEEDINGS FOR ANY VIOLATION OF THIS CLAUSE.
(III) NO PERSON CHARGED WITH A VIOLATION OF THIS CLAUSE BY
THE ATTORNEY GENERAL SHALL HAVE STANDING TO CHALLENGE THE
AUTHORITY OF THE ATTORNEY GENERAL TO INVESTIGATE OR PROSECUTE
THE CASE AND, IF ANY CHALLENGE IS MADE, THE CHALLENGE SHALL BE
DISMISSED AND NO RELIEF SHALL BE AVAILABLE IN THE COURTS OF THIS
COMMONWEALTH TO THE PERSON MAKING THE CHALLENGE.
(IV) NOTHING CONTAINED IN SUBCLAUSE (I), (II) OR (III) SHALL
BE CONSTRUED TO LIMIT THE REGULATORY OR INVESTIGATIVE AUTHORITY
OF ANY DEPARTMENT OR AGENCY OF THE COMMONWEALTH WHOSE FUNCTIONS
MIGHT RELATE TO PERSONS, ENTERPRISES OR MATTERS FALLING WITHIN
THE SCOPE OF THIS SECTION.
(V) NOTHING IN THIS CLAUSE SHALL BE CONSTRUED TO:
(A) PROHIBIT THE PROVISION OF SPACE FOR THE USE OF A MEDICAL
MARIJUANA PRODUCT AS LONG AS THAT USE IS IN CONFORMANCE WITH THE
ACT OF APRIL 17, 2016 (P.L.84, NO.16), KNOWN AS THE "MEDICAL
MARIJUANA ACT."
(B) Prohibit a practitioner from prescribing, administering
or dispensing a controlled substance in a manner that is
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otherwise permitted under this act.
* * *
(q) Any person who violates subsection (a)(41) CLAUSE (41)
OF SUBSECTION (A) :
(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). THE ATTORNEY GENERAL
SHALL HAVE THE POWER AND DUTY TO INSTITUTE PROCEEDINGS TO
RECOVER THE CIVIL PENALTY PROVIDED UNDER THIS CLAUSE AGAINST ANY
PERSON LIABLE TO THE COMMONWEALTH FOR A PENALTY.
Section 2. This act shall take effect in 60 days.
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