PRINTER'S NO. 842
No. 751 Session of 2005
INTRODUCED BY JAMES, THOMAS, WILLIAMS, PRESTON, BLACKWELL, CALTAGIRONE, HALUSKA, JOSEPHS, LEVDANSKY, MANDERINO, MUNDY, STABACK, WASHINGTON, WATERS, WHEATLEY AND YOUNGBLOOD, MARCH 1, 2005
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 1, 2005
AN ACT 1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania 2 Consolidated Statutes, deleting mandatory minimum penalties 3 relating to contraband and drug trafficking. 4 The General Assembly of the Commonwealth of Pennsylvania 5 hereby enacts as follows: 6 Section 1. Sections 5123(a.1), 6314, 6317 and 7508 of Title 7 18 of the Pennsylvania Consolidated Statutes are amended to 8 read: 9 § 5123. Contraband. 10 * * * 11 [(a.1) Mandatory minimum penalty.--Any person convicted of a 12 violation of subsection (a) shall be sentenced to a minimum 13 sentence of at least two years of total confinement, 14 notwithstanding any other provision of this title or any other 15 statute to the contrary. Nothing in this subsection shall 16 prevent the sentencing court from imposing a sentence greater 17 than that provided in this subsection, up to the maximum penalty
1 prescribed by this title for a felony of the second degree. 2 There shall be no authority in any court to impose on an 3 offender to which this subsection is applicable any lesser 4 sentence than provided for in subsection (a) or to place such 5 offender on probation or to suspend sentence. Sentencing 6 guidelines promulgated by the Pennsylvania Commission on 7 Sentencing shall not supersede the mandatory sentences provided 8 in this subsection. If a sentencing court refuses to apply this 9 subsection where applicable, the Commonwealth shall have the 10 right to appellate review of the action of the sentencing court. 11 The appellate court shall vacate the sentence and remand the 12 case to the sentencing court for imposition of a sentence in 13 accordance with this subsection if it finds that the sentence 14 was imposed in violation of this subsection.] 15 * * * 16 [§ 6314. Sentencing and penalties for trafficking drugs to 17 minors. 18 (a) General rule.--A person over 18 years of age who is 19 convicted in any court of this Commonwealth of a violation of 20 section 13(a)(14) or (30) of the act of April 14, 1972 (P.L.233, 21 No.64), known as The Controlled Substance, Drug, Device and 22 Cosmetic Act, shall, if the delivery or possession with intent 23 to deliver of the controlled substance was to a minor, be 24 sentenced to a minimum sentence of at least one year total 25 confinement, notwithstanding any other provision of this title 26 or other statute to the contrary. 27 (b) Additional penalties.--In addition to the mandatory 28 minimum sentence set forth in subsection (a), the person shall 29 be sentenced to an additional minimum sentence of at least two 30 years total confinement, notwithstanding any other provision of 20050H0751B0842 - 2 -
1 this title or other statute to the contrary, if the person did 2 any of the following: 3 (1) Committed the offense with the intent to promote the 4 habitual use of the controlled substance. 5 (2) Intended to engage the minor in the trafficking, 6 transportation, delivery, manufacturing, sale or conveyance. 7 (3) Committed the offense within 1,000 feet of the real 8 property on which is located a public, private or parochial 9 school or a college or university. 10 (4) Committed the offense on a school bus or within 500 11 feet of a school bus stop. 12 (c) Proof at sentencing.--The provisions of this section 13 shall not be an element of the crime. Notice of the 14 applicability of this section to the defendant shall not be 15 required prior to conviction, but reasonable notice of the 16 Commonwealth's intention to proceed under this section shall be 17 provided after conviction and before sentencing. The 18 applicability of this section shall be determined at sentencing. 19 The court shall consider evidence presented at trial, shall 20 afford the Commonwealth and the defendant an opportunity to 21 present necessary additional evidence, and shall determine, by a 22 preponderance of the evidence, if this section is applicable. 23 (d) Authority of court in sentencing.--There shall be no 24 authority for a court to impose on a defendant to which this 25 section is applicable a lesser sentence than provided for in 26 subsection (a), to place the defendant on probation or to 27 suspend sentence. Nothing in this section shall prevent the 28 sentencing court from imposing a sentence greater than that 29 provided in this section. Sentencing guidelines promulgated by 30 the Pennsylvania Commission on Sentencing shall not supersede 20050H0751B0842 - 3 -
1 the mandatory sentences provided in this section. Disposition 2 under section 17 or 18 of The Controlled Substance, Drug, Device 3 and Cosmetic Act shall not be available to a defendant to which 4 this section applies. 5 (e) Appeal by Commonwealth.--If a sentencing court refuses 6 to apply this section where applicable, the Commonwealth shall 7 have the right to appellate review of the action of the 8 sentencing court. The appellate court shall vacate the sentence 9 and remand the case to the sentencing court for imposition of a 10 sentence in accordance with this section if it finds that the 11 sentence was imposed in violation of this section. 12 (f) Forfeiture.--Assets against which a forfeiture petition 13 has been filed and is pending or against which the Commonwealth 14 has indicated an intention to file a forfeiture petition shall 15 not be subject to a fine under this section. 16 (g) Definition.--As used in this section, the term "minor" 17 means an individual under 18 years of age. 18 § 6317. Drug-free school zones. 19 (a) General rule.--A person 18 years of age or older who is 20 convicted in any court of this Commonwealth of a violation of 21 section 13(a)(14) or (30) of the act of April 14, 1972 (P.L.233, 22 No.64), known as The Controlled Substance, Drug, Device and 23 Cosmetic Act, shall, if the delivery or possession with intent 24 to deliver of the controlled substance occurred within 1,000 25 feet of the real property on which is located a public, private 26 or parochial school or a college or university or within 250 27 feet of the real property on which is located a recreation 28 center or playground or on a school bus, be sentenced to a 29 minimum sentence of at least two years of total confinement, 30 notwithstanding any other provision of this title, The 20050H0751B0842 - 4 -
1 Controlled Substance, Drug, Device and Cosmetic Act or other 2 statute to the contrary. The maximum term of imprisonment shall 3 be four years for any offense: 4 (1) subject to this section; and 5 (2) for which The Controlled Substance, Drug, Device and 6 Cosmetic Act provides for a maximum term of imprisonment of 7 less than four years. 8 If the sentencing court finds that the delivery or possession 9 with intent to deliver was to an individual under 18 years of 10 age, then this section shall not be applicable and the offense 11 shall be subject to section 6314 (relating to sentencing and 12 penalties for trafficking drugs to minors). 13 (b) Proof at sentencing.--The provisions of this section 14 shall not be an element of the crime. Notice of the 15 applicability of this section to the defendant shall not be 16 required prior to conviction, but reasonable notice of the 17 Commonwealth's intention to proceed under this section shall be 18 provided after conviction and before sentencing. The 19 applicability of this section shall be determined at sentencing. 20 The court shall consider evidence presented at trial, shall 21 afford the Commonwealth and the defendant an opportunity to 22 present necessary additional evidence and shall determine by a 23 preponderance of the evidence if this section is applicable. 24 (c) Authority of court in sentencing.--There shall be no 25 authority for a court to impose on a defendant to which this 26 section is applicable a lesser sentence than provided for in 27 subsection (a), to place the defendant on probation or to 28 suspend sentence. Nothing in this section shall prevent the 29 sentencing court from imposing a sentence greater than that 30 provided in this section. Sentencing guidelines promulgated by 20050H0751B0842 - 5 -
1 the Pennsylvania Commission on Sentencing shall not supersede 2 the mandatory sentences provided in this section. Disposition 3 under section 17 or 18 of The Controlled Substance, Drug, Device 4 and Cosmetic Act shall not be available to a defendant to which 5 this section applies. 6 (d) Appeal by Commonwealth.--If a sentencing court refuses 7 to apply this section where applicable, the Commonwealth shall 8 have the right to appellate review of the action of the 9 sentencing court. The appellate court shall vacate the sentence 10 and remand the case to the sentencing court for imposition of a 11 sentence in accordance with this section if it finds that the 12 sentence was imposed in violation of this section. 13 § 7508. Drug trafficking sentencing and penalties. 14 (a) General rule.--Notwithstanding any other provisions of 15 this or any other act to the contrary, the following provisions 16 shall apply: 17 (1) A person who is convicted of violating section 18 13(a)(14), (30) or (37) of the act of April 14, 1972 19 (P.L.233, No.64), known as The Controlled Substance, Drug, 20 Device and Cosmetic Act, where the controlled substance is 21 marijuana shall, upon conviction, be sentenced to a mandatory 22 minimum term of imprisonment and a fine as set forth in this 23 subsection: 24 (i) when the amount of marijuana involved is at 25 least two pounds, but less than ten pounds, or at least 26 ten live plants but less than 21 live plants; one year in 27 prison and a fine of $5,000 or such larger amount as is 28 sufficient to exhaust the assets utilized in and the 29 proceeds from the illegal activity; however, if at the 30 time of sentencing the defendant has been convicted of 20050H0751B0842 - 6 -
1 another drug trafficking offense: two years in prison and 2 a fine of $10,000 or such larger amount as is sufficient 3 to exhaust the assets utilized in and the proceeds from 4 the illegal activity; 5 (ii) when the amount of marijuana involved is at 6 least ten pounds, but less than 50 pounds, or at least 21 7 live plants but less than 51 live plants; three years in 8 prison and a fine of $15,000 or such larger amount as is 9 sufficient to exhaust the assets utilized in and the 10 proceeds from the illegal activity; however, if at the 11 time of sentencing the defendant has been convicted of 12 another drug trafficking offense: four years in prison 13 and a fine of $30,000 or such larger amount as is 14 sufficient to exhaust the assets utilized in and the 15 proceeds from the illegal activity; and 16 (iii) when the amount of marijuana involved is at 17 least 50 pounds, or at least 51 live plants; five years 18 in prison and a fine of $50,000 or such larger amount as 19 is sufficient to exhaust the assets utilized in and the 20 proceeds from the illegal activity. 21 (2) A person who is convicted of violating section 22 13(a)(14), (30) or (37) of The Controlled Substance, Drug, 23 Device and Cosmetic Act where the controlled substance or a 24 mixture containing it is classified in Schedule I or Schedule 25 II under section 4 of that act and is a narcotic drug shall, 26 upon conviction, be sentenced to a mandatory minimum term of 27 imprisonment and a fine as set forth in this subsection: 28 (i) when the aggregate weight of the compound or 29 mixture containing the substance involved is at least 2.0 30 grams and less than ten grams; two years in prison and a 20050H0751B0842 - 7 -
1 fine of $5,000 or such larger amount as is sufficient to 2 exhaust the assets utilized in and the proceeds from the 3 illegal activity; however, if at the time of sentencing 4 the defendant has been convicted of another drug 5 trafficking offense: three years in prison and $10,000 or 6 such larger amount as is sufficient to exhaust the assets 7 utilized in and the proceeds from the illegal activity; 8 (ii) when the aggregate weight of the compound or 9 mixture containing the substance involved is at least ten 10 grams and less than 100 grams; three years in prison and 11 a fine of $15,000 or such larger amount as is sufficient 12 to exhaust the assets utilized in and the proceeds from 13 the illegal activity; however, if at the time of 14 sentencing the defendant has been convicted of another 15 drug trafficking offense: five years in prison and 16 $30,000 or such larger amount as is sufficient to exhaust 17 the assets utilized in and the proceeds from the illegal 18 activity; and 19 (iii) when the aggregate weight of the compound or 20 mixture containing the substance involved is at least 100 21 grams; five years in prison and a fine of $25,000 or such 22 larger amount as is sufficient to exhaust the assets 23 utilized in and the proceeds from the illegal activity; 24 however, if at the time of sentencing the defendant has 25 been convicted of another drug trafficking offense: seven 26 years in prison and $50,000 or such larger amount as is 27 sufficient to exhaust the assets utilized in and the 28 proceeds from the illegal activity. 29 (3) A person who is convicted of violating section 30 13(a)(14), (30) or (37) of The Controlled Substance, Drug, 20050H0751B0842 - 8 -
1 Device and Cosmetic Act where the controlled substance is 2 coca leaves or is any salt, compound, derivative or 3 preparation of coca leaves or is any salt, compound, 4 derivative or preparation which is chemically equivalent or 5 identical with any of these substances or is any mixture 6 containing any of these substances except decocainized coca 7 leaves or extracts of coca leaves which (extracts) do not 8 contain cocaine or ecgonine shall, upon conviction, be 9 sentenced to a mandatory minimum term of imprisonment and a 10 fine as set forth in this subsection: 11 (i) when the aggregate weight of the compound or 12 mixture containing the substance involved is at least 2.0 13 grams and less than ten grams; one year in prison and a 14 fine of $5,000 or such larger amount as is sufficient to 15 exhaust the assets utilized in and the proceeds from the 16 illegal activity; however, if at the time of sentencing 17 the defendant has been convicted of another drug 18 trafficking offense: three years in prison and $10,000 or 19 such larger amount as is sufficient to exhaust the assets 20 utilized in and the proceeds from the illegal activity; 21 (ii) when the aggregate weight of the compound or 22 mixture containing the substance involved is at least ten 23 grams and less than 100 grams; three years in prison and 24 a fine of $15,000 or such larger amount as is sufficient 25 to exhaust the assets utilized in and the proceeds from 26 the illegal activity; however, if at the time of 27 sentencing the defendant has been convicted of another 28 drug trafficking offense: five years in prison and 29 $30,000 or such larger amount as is sufficient to exhaust 30 the assets utilized in and the proceeds from the illegal 20050H0751B0842 - 9 -
1 activity; and 2 (iii) when the aggregate weight of the compound or 3 mixture of the substance involved is at least 100 grams; 4 four years in prison and a fine of $25,000 or such larger 5 amount as is sufficient to exhaust the assets utilized in 6 and the proceeds from the illegal activity; however, if 7 at the time of sentencing the defendant has been 8 convicted of another drug trafficking offense: seven 9 years in prison and $50,000 or such larger amount as is 10 sufficient to exhaust the assets utilized in and the 11 proceeds from the illegal activity. 12 (4) A person who is convicted of violating section 13 13(a)(14), (30) or (37) of The Controlled Substance, Drug, 14 Device and Cosmetic Act where the controlled substance is 15 methamphetamine or phencyclidine or is a salt, isomer or salt 16 of an isomer of methamphetamine or phencyclidine or is a 17 mixture containing methamphetamine or phencyclidine, 18 containing a salt of methamphetamine or phencyclidine, 19 containing an isomer of methamphetamine or phencyclidine, 20 containing a salt of an isomer of methamphetamine or 21 phencyclidine shall, upon conviction, be sentenced to a 22 mandatory minimum term of imprisonment and a fine as set 23 forth in this subsection: 24 (i) when the aggregate weight of the compound or 25 mixture containing the substance involved is at least 26 five grams and less than ten grams; three years in prison 27 and a fine of $15,000 or such larger amount as is 28 sufficient to exhaust the assets utilized in and the 29 proceeds from the illegal activity; however, if at the 30 time of sentencing the defendant has been convicted of 20050H0751B0842 - 10 -
1 another drug trafficking offense: five years in prison 2 and $30,000 or such larger amount as is sufficient to 3 exhaust the assets utilized in and the proceeds from the 4 illegal activity; 5 (ii) when the aggregate weight of the compound or 6 mixture containing the substance involved is at least ten 7 grams and less than 100 grams; four years in prison and a 8 fine of $25,000 or such larger amount as is sufficient to 9 exhaust the assets utilized in and the proceeds from the 10 illegal activity; however, if at the time of sentencing 11 the defendant has been convicted of another drug 12 trafficking offense: seven years in prison and $50,000 or 13 such larger amount as is sufficient to exhaust the assets 14 utilized in and the proceeds from the illegal activity; 15 and 16 (iii) when the aggregate weight of the compound or 17 mixture containing the substance involved is at least 100 18 grams; five years in prison and a fine of $50,000 or such 19 larger amount as is sufficient to exhaust the assets 20 utilized in and the proceeds from the illegal activity; 21 however, if at the time of sentencing the defendant has 22 been convicted of another drug trafficking offense: eight 23 years in prison and $50,000 or such larger amount as is 24 sufficient to exhaust the assets utilized in and the 25 proceeds from the illegal activity. 26 (5) A person who is convicted of violating section 27 13(a)(14), (30) or (37) of The Controlled Substance, Drug, 28 Device and Cosmetic Act, and who, in the course of the 29 offense, manufactures, delivers, brings into this 30 Commonwealth or possesses with intent to manufacture or 20050H0751B0842 - 11 -
1 deliver amphetamine or any salt, optical isomer, or salt of 2 an optical isomer, or a mixture containing any such 3 substances shall, when the aggregate weight of the compound 4 or mixture containing the substance involved is at least five 5 grams, be sentenced to two and one-half years in prison and a 6 fine of $15,000 or such larger amount as is sufficient to 7 exhaust the assets utilized in and the proceeds from the 8 illegal activity; however, if at the time of sentencing the 9 defendant has been convicted of another drug trafficking 10 offense: be sentenced to five years in prison and $30,000 or 11 such larger amount as is sufficient to exhaust the assets 12 utilized in and the proceeds from the illegal activity. 13 (6) A person who is convicted of violating section 14 13(a)(14), (30) or (37) of The Controlled Substance, Drug, 15 Device and Cosmetic Act where the controlled substance is 16 methaqualone shall, upon conviction, be sentenced to a 17 mandatory minimum term of imprisonment and a fine as set 18 forth in this subsection: 19 (i) when the aggregate weight of the compound or 20 mixture containing the substance involved is at least 50 21 tablets, capsules, caplets or other dosage units, or 25 22 grams and less than 200 tablets, capsules, caplets or 23 other dosage units, or 100 grams; one year in prison and 24 a fine of $2,500 or such larger amount as is sufficient 25 to exhaust the assets utilized in and the proceeds from 26 the illegal activity; however, if at the time of 27 sentencing the defendant has been convicted of another 28 drug trafficking offense: three years in prison and 29 $5,000 or such larger amount as is sufficient to exhaust 30 the assets utilized in and the proceeds from the illegal 20050H0751B0842 - 12 -
1 activity; and 2 (ii) when the aggregate weight of the compound or 3 mixture containing the substance involved is at least 200 4 tablets, capsules, caplets or other dosage units, or more 5 than 100 grams; two and one-half years in prison and a 6 fine of $15,000 or such larger amount as is sufficient to 7 exhaust the assets utilized in and the proceeds from the 8 illegal activity; however, if at the time of sentencing 9 the defendant has been convicted of another drug 10 trafficking offense: five years in prison and $30,000 or 11 such larger amount as is sufficient to exhaust the assets 12 utilized in and the proceeds from the illegal activity. 13 (7) A person who is convicted of violating section 14 13(a)(14), (30) or (37) of The Controlled Substance, Drug, 15 Device and Cosmetic Act where the controlled substance or a 16 mixture containing it is heroin shall, upon conviction, be 17 sentenced as set forth in this paragraph: 18 (i) when the aggregate weight of the compound or 19 mixture containing the heroin involved is at least 1.0 20 gram but less than 5.0 grams the sentence shall be a 21 mandatory minimum term of two years in prison and a fine 22 of $5,000 or such larger amount as is sufficient to 23 exhaust the assets utilized in and the proceeds from the 24 illegal activity; however, if at the time of sentencing 25 the defendant has been convicted of another drug 26 trafficking offense: a mandatory minimum term of three 27 years in prison and $10,000 or such larger amount as is 28 sufficient to exhaust the assets utilized in and the 29 proceeds from the illegal activity; 30 (ii) when the aggregate weight of the compound or 20050H0751B0842 - 13 -
1 mixture containing the heroin involved is at least 5.0 2 grams but less than 50 grams: a mandatory minimum term of 3 three years in prison and a fine of $15,000 or such 4 larger amount as is sufficient to exhaust the assets 5 utilized in and the proceeds from the illegal activity; 6 however, if at the time of sentencing the defendant has 7 been convicted of another drug trafficking offense: a 8 mandatory minimum term of five years in prison and 9 $30,000 or such larger amount as is sufficient to exhaust 10 the assets utilized in and the proceeds from the illegal 11 activity; and 12 (iii) when the aggregate weight of the compound or 13 mixture containing the heroin involved is 50 grams or 14 greater: a mandatory minimum term of five years in prison 15 and a fine of $25,000 or such larger amount as is 16 sufficient to exhaust the assets utilized in and the 17 proceeds from the illegal activity; however, if at the 18 time of sentencing the defendant has been convicted of 19 another drug trafficking offense: a mandatory minimum 20 term of seven years in prison and $50,000 or such larger 21 amount as is sufficient to exhaust the assets utilized in 22 and the proceeds from the illegal activity. 23 (8) A person who is convicted of violating section 24 13(a)(12), (14) or (30) of The Controlled Substance, Drug, 25 Device and Cosmetic Act where the controlled substance or a 26 mixture containing it is 3,4-methylenedioxyamphetamine (MDA); 27 3,4-methylenedioxymethamphetamine (MDMA); 5-methoxy-3,4- 28 methylenedioxyamphetamine (MMDA); 3,4-methylenedioxy-N- 29 ethylamphetamine; N-hydroxy-3,4-methylenedioxyamphetamine; or 30 their salts, isomers and salts of isomers, whenever the 20050H0751B0842 - 14 -
1 existence of such salts, isomers and salts of isomers is 2 possible within the specific chemical designation, shall, 3 upon conviction, be sentenced as set forth in this paragraph: 4 (i) When the aggregate weight of the compound or 5 mixture containing the substance involved is at least 50 6 tablets, capsules, caplets or other dosage units, or 15 7 grams and less than 100 tablets, capsules, caplets or 8 other dosage units, or less than 30 grams, the person is 9 guilty of a felony and, upon conviction thereof, shall be 10 sentenced to imprisonment not exceeding five years or to 11 pay a fine not exceeding $15,000, or both. 12 (ii) When the aggregate weight of the compound or 13 mixture containing the substance involved is at least 100 14 tablets, capsules, caplets or other dosage units, or 30 15 grams and less than 1,000 tablets, capsules, caplets or 16 other dosage units, or less than 300 grams, the person is 17 guilty of a felony and, upon conviction thereof, shall be 18 sentenced to imprisonment not exceeding ten years or to 19 pay a fine not exceeding $100,000, or both. 20 (iii) When the aggregate weight of the compound or 21 mixture containing the substance involved is at least 22 1,000 tablets, capsules, caplets or other dosage units, 23 or 300 grams, the person is guilty of a felony and, upon 24 conviction thereof, shall be sentenced to imprisonment 25 not exceeding 15 years or to pay a fine not exceeding 26 $250,000, or both. 27 (a.1) Previous conviction.--For purposes of this section, it 28 shall be deemed that a defendant has been convicted of another 29 drug trafficking offense when the defendant has been convicted 30 of another offense under section 13(a)(14), (30) or (37) of The 20050H0751B0842 - 15 -
1 Controlled Substance, Drug, Device and Cosmetic Act, or of a 2 similar offense under any statute of any state or the United 3 States, whether or not judgment of sentence has been imposed 4 concerning that offense. 5 (b) Proof of sentencing.--Provisions of this section shall 6 not be an element of the crime. Notice of the applicability of 7 this section to the defendant shall not be required prior to 8 conviction, but reasonable notice of the Commonwealth's 9 intention to proceed under this section shall be provided after 10 conviction and before sentencing. The applicability of this 11 section shall be determined at sentencing. The court shall 12 consider evidence presented at trial, shall afford the 13 Commonwealth and the defendant an opportunity to present 14 necessary additional evidence and shall determine, by a 15 preponderance of the evidence, if this section is applicable. 16 (c) Mandatory sentencing.--There shall be no authority in 17 any court to impose on an offender to which this section is 18 applicable a lesser sentence than provided for herein or to 19 place the offender on probation, parole, work release or 20 prerelease or to suspend sentence. Nothing in this section shall 21 prevent the sentencing court from imposing a sentence greater 22 than provided herein. Sentencing guidelines promulgated by the 23 Pennsylvania Commission on Sentencing shall not supersede the 24 mandatory sentences provided herein. Disposition under section 25 17 or 18 of The Controlled Substance, Drug, Device and Cosmetic 26 Act shall not be available to a defendant to which this section 27 applies. 28 (d) Appellate review.--If a sentencing court refuses to 29 apply this section where applicable, the Commonwealth shall have 30 the right to appellate review of the action of the sentencing 20050H0751B0842 - 16 -
1 court. The appellate court shall vacate the sentence and remand 2 the case to the sentencing court for imposition of a sentence in 3 accordance with this section if it finds that the sentence was 4 imposed in violation of this section. 5 (e) Forfeiture.--Assets against which a forfeiture petition 6 has been filed and is pending or against which the Commonwealth 7 has indicated an intention to file a forfeiture petition shall 8 not be subject to a fine. Nothing in this section shall prevent 9 a fine from being imposed on assets which have been subject to 10 an unsuccessful forfeiture petition. 11 (f) Growing plants.--When the controlled substance is 12 marijuana in the form of growing plants and the number of plants 13 is nine or less, weighing may be accomplished by law enforcement 14 officials utilizing any certified scale convenient to the place 15 of arrest for the purpose of determining the weight of the 16 growing marijuana plant. The aggregate weight of the plant is to 17 include the whole plant including the root system if possible. 18 The weight is not to include any substance not a part of the 19 growing plant.] 20 Section 2. The amendment of 18 Pa.C.S. §§ 5123(a.1), 6314, 21 6317 and 7508 shall apply to sentences imposed on or after the 22 effective date of this act. 23 Section 3. This act shall take effect in 60 days. B3L18JS/20050H0751B0842 - 17 -