Bill Text: PA HB668 | 2009-2010 | Regular Session | Introduced

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Bill Title: Further providing for prohibited acts and penalties.

Spectrum: Moderate Partisan Bill (Republican 19-4)

Status: (Introduced - Dead) 2009-02-27 - Referred to JUDICIARY [HB668 Detail]

Download: Pennsylvania-2009-HB668-Introduced.html

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PRINTER'S NO. 729
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 668 Session of2009
INTRODUCED BY HESS, PHILLIPS, MARSICO, STERN, BAKER, BARRAR, BOYD, BRENNAN, CAUSER, CREIGHTON, DALEY, FLECK, GEIST, M. KELLER, MILNE, MOUL, MURT, PAYNE, QUINN, READSHAW, ROCK, SIPTROTH AND VULAKOVICH, FEBRUARY 27, 2009
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 27, 2009
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)(16), (b) and (i) of the act of
April 14, 1972 (P.L.233, No.64), known as The Controlled
Substance, Drug, Device and Cosmetic Act, amended December 14,
1984 (P.L.988, No.200) and December 22, 1989 (P.L.750, No.104),
are amended, subsection (a) 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:
* * *
(16) Knowingly or intentionally possessing a controlled or
counterfeit substance classified in Schedule III, IV or V by a
person not registered under this act, or a practitioner not
registered or licensed by the appropriate State board, unless
the substance was obtained directly from, or pursuant to, a
valid prescription order or order of a practitioner, or except
as otherwise authorized by this act.
(16.1) Knowingly or intentionally possessing a controlled or
counterfeit substance classified in Schedule I or II by a person
not registered under this act, or a practitioner not registered
or licensed by the appropriate State board, unless the substance
was obtained directly from, or pursuant to, a valid prescription
order or order of a practitioner, or except as otherwise
authorized by this act.
* * *
(b) Any person who violates any of the provisions of clauses
(1) through (11), (13) [and (15)], (15), (16), (17) through (20)
or (37) of subsection (a) shall be guilty of a misdemeanor, and
except for clauses (4), (6), (7), (8), (9) and (19) shall, on
conviction thereof, be sentenced to imprisonment not exceeding
one year or to pay a fine not exceeding five thousand dollars
($5,000), or both, and for clauses (4), (6), (7), (8), (9) and
(19) shall, on conviction thereof, be sentenced to imprisonment
not exceeding three years or to pay a fine not exceeding five
thousand dollars ($5,000), or both; but, if the violation is
committed after a prior conviction of such person for a
violation of this act under this section has become final, such
person shall be sentenced to imprisonment not exceeding three
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years or to pay a fine not exceeding twenty-five thousand
dollars ($25,000), or both.
(b.1) Any person who violates clause (16.1) is guilty of a
misdemeanor and upon conviction thereof shall be sentenced to
imprisonment not exceeding two years, or to pay a fine not
exceeding ten thousand dollars ($10,000), or both, but, if the
violation is committed after a prior conviction of such person
for a violation of this act under this section has become final,
such person shall be sentenced to imprisonment not exceeding
three years, or to pay a fine not exceeding twenty-five thousand
dollars ($25,000), or both.
* * *
(i) Any person who violates clauses (32), (33) and (34) of
subsection (a) is guilty of a misdemeanor and upon conviction
thereof shall be sentenced as follows:
(1) For the first offense, the person shall be sentenced to
pay a fine not exceeding two thousand five hundred dollars
($2,500) or to imprisonment not exceeding one (1) year, or both.
(2) For the second and subsequent offense, the person shall
be sentenced to pay a fine not exceeding five thousand dollars
($5,000) or to imprisonment not exceeding two (2) years, or
both.
Any person who violates clause (33) by delivering drug
paraphernalia to a person under eighteen (18) years of age who
is three (3) or more years his junior shall be guilty of the
following:
(1) For the first offense, a misdemeanor of the second
degree and upon conviction thereof the person shall be sentenced
to pay a fine not exceeding five thousand dollars ($5,000) or to
imprisonment not exceeding two (2) years, or both.
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(2) For the second and subsequent offense, a misdemeanor and
upon conviction thereof the person shall be sentenced to pay a
fine not exceeding ten thousand dollars ($10,000) or to
imprisonment not exceeding three (3) years, or both.
* * *
Section 2. This act shall take effect in 60 days.
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