PRINTER'S NO. 41
No. 47 Session of 1997
INTRODUCED BY HOLL, JANUARY 15, 1997
REFERRED TO JUDICIARY, JANUARY 15, 1997
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," changing certain
11 penalties.
12 The General Assembly of the Commonwealth of Pennsylvania
13 hereby enacts as follows:
14 Section 1. Section 13(f) of the act of April 14, 1972
15 (P.L.233, No.64), known as The Controlled Substance, Drug,
16 Device and Cosmetic Act, amended December 14, 1984 (P.L.988,
17 No.200), is amended to read:
18 Section 13. Prohibited Acts; Penalties.--* * *
19 (f) Any person who violates clause (12), (14) or (30) of
20 subsection (a) with respect to:
21 (1) A controlled substance or counterfeit substance
22 classified in Schedule I or II which is a narcotic drug, is
1 guilty of a felony and upon conviction thereof shall be
2 sentenced to imprisonment [not exceeding fifteen] for twenty
3 years, or to pay a fine not exceeding two hundred fifty thousand
4 dollars ($250,000), or both or such larger amount as is
5 sufficient to exhaust the assets utilized in and the profits
6 obtained from the illegal activity.
7 (1.1) Phencyclidine; methamphetamine, including its salts,
8 isomers and salts of isomers; coca leaves and any salt,
9 compound, derivative or preparation of coca leaves; any salt,
10 compound, derivative or preparation of the preceding which is
11 chemically equivalent or identical with any of these substances
12 except decocanized coca leaves or extracts of coca leaves, which
13 extracts do not contain cocaine or ecgonine; and marihuana in a
14 quantity in excess of one thousand (1,000) pounds, is guilty of
15 a felony and upon conviction thereof shall be sentenced to
16 imprisonment [not exceeding ten] for twenty years, or to pay a
17 fine not exceeding one hundred thousand dollars ($100,000), or
18 both, or such larger amount as is sufficient to exhaust the
19 assets utilized in and the profits obtained from the illegal
20 manufacture or distribution of these substances.
21 (2) Any other controlled substance or counterfeit substance
22 classified in Schedule I, II, or III, is guilty of a felony and
23 upon conviction thereof shall be sentenced to imprisonment [not
24 exceeding five] for twenty years, or to pay a fine not exceeding
25 fifteen thousand dollars ($15,000), or both.
26 (3) A controlled substance or counterfeit substance
27 classified in Schedule IV, is guilty of a felony and upon
28 conviction thereof shall be sentenced to imprisonment [not
29 exceeding three] for twenty years, or to pay a fine not
30 exceeding ten thousand dollars ($10,000), or both.
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1 (4) A controlled substance or counterfeit substance
2 classified in Schedule V, is guilty of a misdemeanor and upon
3 conviction thereof shall be sentenced to imprisonment not
4 exceeding one year, or to pay a fine not exceeding five thousand
5 dollars ($5,000), or both.
6 * * *
7 Section 2. This act shall take effect in 90 days.
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