PRINTER'S NO. 1642
No. 1118 Session of 2006
INTRODUCED BY GORDNER, MADIGAN, ROBBINS, WONDERLING, ERICKSON, D. WHITE, KASUNIC, ARMSTRONG, BROWNE, BOSCOLA, RAFFERTY, LAVALLE, FONTANA, PUNT, PILEGGI, REGOLA, PICCOLA, RHOADES, WENGER, WAUGH, VANCE AND LOGAN, MARCH 23, 2006
REFERRED TO JUDICIARY, MARCH 23, 2006
AN ACT 1 Amending the act of April 14, 1972 (P.L.233, No.64), entitled 2 "An act relating to the manufacture, sale and possession of 3 controlled substances, other drugs, devices and cosmetics; 4 conferring powers on the courts and the secretary and 5 Department of Health, and a newly created Pennsylvania Drug, 6 Device and Cosmetic Board; establishing schedules of 7 controlled substances; providing penalties; requiring 8 registration of persons engaged in the drug trade and for the 9 revocation or suspension of certain licenses and 10 registrations; and repealing an act," further providing for 11 prohibited acts and penalties; and providing for 12 methamphetamine production. 13 The General Assembly of the Commonwealth of Pennsylvania 14 hereby enacts as follows: 15 Section 1. Section 13(c) of the act of April 14, 1972 16 (P.L.233, No.64), known as The Controlled Substance, Drug, 17 Device and Cosmetic Act, amended December 14, 1984 (P.L.988, 18 No.200), is amended and subsection (a) is amended by adding a 19 clause to read: 20 Section 13. Prohibited Acts; Penalties.--(a) The following 21 acts and the causing thereof within the Commonwealth are hereby 22 prohibited:
1 * * * 2 (39) The knowing possession of ephedrine, pseudoephedrine, 3 phenylpropanolamine or a product containing ephedrine, 4 pseudoephedrine, phenylpropanolamine, or any of their salts, 5 optical isomers or salts of optical isomers with the intent to 6 manufacture methamphetamine. 7 * * * 8 (c) Any person who violates the provisions of clauses (21), 9 (22) [and (24)], (24) and (39) of subsection (a) shall be guilty 10 of a misdemeanor, and shall, on conviction thereof, be punished 11 only as follows: 12 (1) Upon conviction of the first such offense, he shall be 13 sentenced to imprisonment not exceeding six months, or to pay a 14 fine not exceeding ten thousand dollars ($10,000), or both. 15 (2) Upon conviction of the second and subsequent offense, he 16 shall be sentenced to imprisonment not exceeding two years, or 17 to pay a fine not exceeding twenty-five thousand dollars 18 ($25,000), or both. 19 * * * 20 Section 2. The act is amended by adding a section to read: 21 Section 13.3. Methamphetamine Production.--(a) Proof that a 22 person had in his possession more than 40 grams or 15 packages 23 of any drug containing ephedrine, pseudoephedrine, 24 phenylpropanolamine, or any of their salts, optical isomers or 25 salts of optical isomers as an active ingredient shall give rise 26 to a rebuttable presumption that the person acted with intent to 27 manufacture methamphetamine. 28 (b) Proof that a person had in his possession any amount of 29 ephedrine, pseudoephedrine, phenylpropanolamine, or any of their 30 salts, optical isomers or salts of optical isomers as an active 20060S1118B1642 - 2 -
1 ingredient and at the same time possessed any amount of any 2 precursor substance under section 13.1 shall give rise to a 3 rebuttable presumption that the person acted with intent to 4 manufacture methamphetamine. 5 Section 3. This act shall take effect in 60 days. A26L35VDL/20060S1118B1642 - 3 -