S0165B0156A00301 SFR:EJH 04/24/23 #90 A00301
AMENDMENTS TO SENATE BILL NO. 165
Sponsor: SENATOR BAKER
Printer's No. 156
Amend Bill, page 2, line 1, by striking out "provides drug
paraphernalia and" and inserting
knowingly provides
Amend Bill, page 2, line 3, by inserting after "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
otherwise permitted under this act.
Amend Bill, page 2, line 5, by striking out "subsection (a)
(41)" and inserting
clause (41) of subsection (a)
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Amend Bill, page 2, line 12, by inserting after "($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.
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