§ 780-113. Prohibited acts; penalties
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and SafetyEffective: April 7, 2014
Effective: April 7, 2014
35 P.S. § 780-113
§ 780-113. Prohibited acts; penalties
(5) The adulteration, mutilation, destruction, obliteration or removal of the whole or any part of the labeling of, or the doing of any other act with respect to a controlled substance, other drug, device or cosmetic, if such act is done while such substance or article is held for sale and results in such substance or article being adulterated or misbranded.
(7) Placing or causing to be placed upon any controlled substance, other drug, device or cosmetic, or upon the container of any controlled substance, other drug, device or cosmetic, with intent to defraud, the trademark, trade name or other identifying mark, imprint or symbol of another, or any likeness of any of the foregoing.
(8) Selling, dispensing, disposing of or causing to be sold, dispensed or disposed of, or keeping in possession, control or custody, or concealing any controlled substance, other drug, device or cosmetic or any container of any drug, device or cosmetic with knowledge that the trademark, trade name or other identifying mark, imprint or symbol of another, or any likeness of any of the foregoing, has been placed thereon in a manner prohibited by clause (7) hereof.
(9) Making, selling, disposing of or causing to be made, sold, or disposed of, or keeping in possession, control or custody, or concealing with intent to defraud, any punch, die, plate, stone or other thing designed to print, imprint or reproduce the trademark, trade name or other identifying mark, imprint or symbol of another or any likeness of any of the foregoing upon any controlled substance, other drug, device or cosmetic or container thereof.
(11) The operation of a drug manufacturing, distributing or retailing establishment, except by registered pharmacists in a licensed pharmacy, without conforming with such standards respecting sanitation, materials, equipment and supplies as the secretary, after consultation with the board, may establish by regulation for the protection of the public health and safety.
(13) The sale, dispensing, distribution, prescription or gift by any practitioner otherwise authorized by law so to do of any controlled substance to any person known to such practitioner to be or whom such practitioner has reason to know is a drug dependent person, unless said drug is prescribed, administered, dispensed or given, for the cure or treatment of some malady other than drug dependency, except that the council, in accordance with Federal narcotic and food and drug laws, shall allocate the responsibility for approving and designating certain clinics, and shall provide or allocate the responsibility for providing regulations for such clinics at which controlled substances, including but not limited to methadone, may be prescribed, administered or dispensed for the treatment of drug dependency. This clause shall not prohibit any practitioner from prescribing, distributing or dispensing any controlled substance for a period of time not to exceed fourteen days pending confirmed admission of the patient to a hospital or rehabilitation center.
(14) The administration, dispensing, delivery, gift or prescription of any controlled substance by any practitioner or professional assistant under the practitioner's direction and supervision unless done (i) in good faith in the course of his professional practice; (ii) within the scope of the patient relationship; (iii) in accordance with treatment principles accepted by a responsible segment of the medical profession.
(15) The sale at retail or dispensing of any controlled substance listed in Schedules II, III and IV to any person, except to one authorized by law to sell, dispense, prescribe or possess such substances, unless upon the written or oral prescription of a person licensed by law to prescribe such drug and unless compounded or dispensed by a registered pharmacist or pharmacy intern under the immediate personal supervision of a registered pharmacist, or the refilling of a written or oral prescription order for a drug, unless such refilling is authorized by the prescriber either in the original written prescription order or by written confirmation of the original oral prescription order. The provisions of this subsection shall not apply to a practitioner licensed to prescribe or dispense such drugs, who keeps a record of the amount of such drugs purchased and a dispensing record showing the date, name, and quantity of the drug dispensed and the name and address of the patient, as required by this act.
(16) Knowingly or intentionally possessing a controlled or counterfeit substance 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.
(17) The wilful dispensing of a controlled substance by a practitioner otherwise authorized by law so to do without affixing to the container in which the drug is sold or dispensed a label bearing the name and address of the practitioner, the date dispensed, the name of the patient and the directions for the use of the drug by the patient.
(20) The using by any person to his own advantage, or revealing other than to the secretary or officers or employes of the department or to the council or to the board or to courts or a hearing examiner when relevant to proceedings under this act any information acquired under authority of this act concerning any method or process which as a trade secret is entitled to protection. Such information obtained under the authority of this act shall not be admitted in evidence in any proceeding before any court of the Commonwealth except in proceedings under this act.
(29) The intentional making, distributing, or possessing of any punch, die, plate, stone, or other thing designed to print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or symbol of another or any likeness of any of the foregoing upon any drug or container or labeling thereof so as to render the drug a counterfeit substance.
(30) Except as authorized by this act, the manufacture, delivery, or possession with intent to manufacture or deliver, a controlled substance by a person not registered under this act, or a practitioner not registered or licensed by the appropriate State board, or knowingly creating, delivering or possessing with intent to deliver, a counterfeit controlled substance.
(31) Notwithstanding other subsections of this section, (i) the possession of a small amount of marihuana only for personal use; (ii) the possession of a small amount of marihuana with the intent to distribute it but not to sell it; or (iii) the distribution of a small amount of marihuana but not for sale.
For purposes of this subsection, thirty (30) grams of marihuana or eight (8) grams of hashish shall be considered a small amount of marihuana.
(32) The use of, or possession with intent to use, drug paraphernalia for the purpose of planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packing, repacking, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance in violation of this act.
(33) The delivery of, possession with intent to deliver, or manufacture with intent to deliver, drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it would be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of this act.
(34) The placing in any newspaper, magazine, handbill or other publication or by written or electronic means, including electronic mail, Internet, facsimile and similar transmission, any advertisement, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part is to promote the sale of objects designed or intended for use as drug paraphernalia.
(35) (i) Except as otherwise provided by law, manufacturing, processing, packaging, distributing, possessing1 with intent to distribute or selling a noncontrolled substance that has a stimulant or depressant effect on humans, other than a prescription drug, which, or the label or container of which, substantially resembles a specific controlled substance. In determining whether there has been a violation of this subclause, the following factors shall be considered:
(ii) Except as otherwise provided by law, no person shall knowingly distribute or sell a noncontrolled substance upon the express or implied representation that the substance is a controlled substance. In determining whether there has been a violation of this subclause, the following factors shall be considered:
(D) Whether the consideration tendered in exchange for the noncontrolled substance substantially exceeds the reasonable value of the substance, considering the actual chemical composition of the substance and, where applicable, the price at which over-the-counter substances of like chemical composition sell.
(36) The knowing or intentional manufacture, distribution, possession with intent to distribute, or possession of a designer drug. Nothing in this section shall be construed to apply to a person who manufactures or distributes a substance in conformance with the provisions of an approved new drug application or an exemption for investigational use within the meaning of section 505 of the Federal Food, Drug and Cosmetic Act (21 U.S.C. § 355). For purposes of this section, no new drug shall be introduced or delivered for introduction except upon approval of an application pursuant to section 505 of the Federal Food, Drug and Cosmetic Act.
(b) Any person who violates any of the provisions of clauses (1) through (11), (13) and (15) 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 years or to pay a fine not exceeding twenty-five thousand dollars ($25,000), or both.
(1) A controlled substance or counterfeit substance classified in Schedule I or II2 which is a narcotic drug, is guilty of a felony and upon conviction thereof shall be sentenced to imprisonment not exceeding fifteen years, or to pay a fine not exceeding two hundred fifty thousand dollars ($250,000), or both or such larger amount as is sufficient to exhaust the assets utilized in and the profits obtained from the illegal activity.
(1.1) Phencyclidine; methamphetamine, including its salts, isomers and salts of isomers; coca3 leaves and any salt, compound, derivative or preparation of coca leaves; any salt, compound, derivative or preparation of the preceding which is chemically equivalent or identical with any of these substances, except decocanized coca leaves or extracts of coca leaves, which extracts do not contain cocaine or ecgonine; and marihuana in a quantity in excess of one thousand (1,000) pounds, is guilty of a felony and upon conviction thereof shall be sentenced to imprisonment not exceeding ten years, or to pay a fine not exceeding one hundred thousand dollars ($100,000), or both, or such larger amount as is sufficient to exhaust the assets utilized in and the profits obtained from the illegal manufacture or distribution of these substances.
(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 to pay a fine not exceeding two thousand five hundred dollars ($2,500) or to imprisonment not exceeding one (1) year, 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 a misdemeanor of the second degree and upon conviction thereof shall be sentenced to pay a fine not exceeding five thousand dollars ($5,000) or to imprisonment not exceeding two (2) years, or both.
(k) Any person convicted of manufacture of amphetamine, its salts, optical isomers and salts of its optical isomers; methamphetamine, its salts, isomers and salts of isomers; or phenylacetone and phenyl-2-proponone shall be sentenced to at least two years of total confinement without probation, parole or work release, notwithstanding any other provision of this act or other statute to the contrary.
(n) Any person who violates subsection (a)(12), (14), (16), (30) or (34) with respect to gamma hydroxybutyric acid, any salt, compound derivative or preparation of gamma hydroxybutyric acid, including any isomers, esters and ethers and salts of isomers, or esters and ethers of gamma hydroxybutyric acid, except gamma-butyrolactone (GBL), whenever the existence of such isomers, esters, ethers or salts is possible within the specific chemical designation, is guilty of a felony and upon conviction thereof shall be sentenced to imprisonment not exceeding fifteen years, or to pay a fine not exceeding two hundred fifty thousand dollars ($250,000), or both, or such larger amount as is sufficient to exhaust the assets utilized in and the profits obtained from the illegal activity.
(o) Any person who violates subsection (a)(12), (14) or (30) with respect to 3,4-methylenedioxyamphetamine (MDA); 3, 4-methylenedioxymethamphetamine (MDMA); 5-methoxy-3, 4-methylenedioxyamphetamine (MMDA); 3,4-methylenedioxy-N-ethylamphetamine; N-hydroxy-3,4-methylenedioxyamphetamine; or their salts, isomers and salts of isomers, whenever the existence of such salts, isomers and salts of isomers is possible within the specific chemical designation, is guilty of a felony and upon conviction thereof shall be sentenced to imprisonment not exceeding fifteen years or to pay a fine not exceeding two hundred fifty thousand dollars ($250,000), or both, or such larger amount as is sufficient to exhaust the assets utilized in and the profits obtained from the illegal activity.
(p) (1) Any person who violates subsection (a)(38)(i) is guilty of a felony of the third degree and upon conviction thereof shall be sentenced to not more than seven years in prison and a fine of not more than twenty-five thousand dollars ($25,000), or such larger amount as is sufficient to exhaust the assets utilized in and the profits obtained from the illegal activity.
(2) Any person who violates subsection (a)(38)(ii) is guilty of a felony of the second degree and upon conviction thereof shall be sentenced to not more than ten years in prison and a fine of not more than fifty thousand dollars ($50,000), or such larger amount as is sufficient to exhaust the assets utilized in and the profits obtained from the illegal activity.
Credits
1972, April 14, P.L. 233, No. 64, § 13, imd. effective. Amended 1972, Oct. 26, P.L. 1048, No. 263, § 1, imd. effective; 1974, Dec. 30, P.L. 1041, No. 340, § 1, imd. effective; 1978, Nov. 26, P.L. 1392, No. 328, § 2, effective in 60 days; 1980, Dec. 4, P.L. 1093, No. 186, § 2, effective in 60 days; 1982, Feb. 16, P.L. 38, No. 23, § 1, effective in 60 days; 1982, Dec. 20, P.L. 1448, No. 329, § 1, imd. effective; 1984, Dec. 14, P.L. 988, No. 200, § 1, effective in 60 days; 1985, July 3, P.L. 138, No. 39, § 2, imd. effective; 1986, Dec. 11, P.L. 1488, No. 154, § 1, effective in 10 days; 1989, Dec. 22, P.L. 701, No. 92, § 1, effective in 60 days; 1989, Dec. 22, P.L. 750, No. 104, § 3, effective in 60 days; 1990, Dec. 17, P.L. 747, No. 187, § 1, effective in 60 days; 1992, April 16, P.L. 165, No. 30, § 1, effective in 60 days; 1999, Nov. 24, P.L. 894, No. 55, § 2, effective in 60 days; 2000, Feb. 11, P.L. 9, No. 3, § 2, effective in 60 days; 2003, June 10, P.L. 9, No. 3, § 1, imd. effective; 2004, Nov. 19, P.L. 846, No. 108, § 2, effective in 60 days [Jan. 18, 2005]; 2010, Feb. 17, P.L. 137, No. 8, § 1, effective in 60 days [April 19, 2010]; 2010, April 29, P.L. 182, No. 21, § 1, imd. effective; 2010, Nov. 23, P.L. 1081, No. 107, § 1, effective in 60 days [Jan. 24, 2011]; 2013, July 9, P.L. 359, No. 53, § 2, effective in 270 days [April 7, 2014].
REPEALED IN PART
<The Controlled Substance, Drug, Device and Cosmetic Act, 35 P.S. §§ 780-101 to 780-144, is repealed insofar as it subjects to a fine assets against which a forfeiture petition has been filed and is pending or against which the Commonwealth has indicated an intention to file a forfeiture petition, pursuant to 1988, March 25, P.L. 262, No. 31, § 15(c).>
<The Controlled Substance, Drug, Device and Cosmetic Act, 35 P.S. §§ 780-101 to 780-144, is repealed insofar as inconsistent with the Wholesale Prescription Drug Distributors License Act, 63 P.S. § 391.1 et seq., pursuant to 1992, Dec. 14, P.L. 1116, No. 145, § 16.>
HISTORICAL AND STATUTORY NOTES
Act 1972-64 legislation
Section 44 of the Act 1972 April 14, P.L. 233, No. 64, added by Act 1972, June 27, P.L. 499, No. 158, § 1 [§ 780-144 of this title], which became effective without the governor's signature on June 27, 1972, provided that §§ 780-113, 780-114, 780-115, 780-120 and 780-139 should take effect immediately, and that all other sections should take effect on June 14, 1972.
Act 1993-33 legislation
Section 8 of Act 1993, June 28, P.L. 137, No. 33, provides that the repeal of subsec. (m) of this section by said act shall not affect any act done, liability incurred or right accrued or vested, or affect any suit or prosecution pending or to be instituted to enforce any right or penalty, or to punish any offense, under the authority of any statute repealed by said act.
Act 1994-3 legislation
Section 8 of Act 1994, Feb. 10, P.L. 20, No. 3, provides:
“The provisions of 75 Pa.C.S. §§ 1532(c) and 1550(d) and the repeal of the provisions of section 13(m) of the act of April 14, 1972 (P.L. 233, No. 64), known as The Controlled Substance, Drug, Device and Cosmetic Act, by the act shall not affect any act done, liability incurred or right accrued or vested, or affect any suit or prosecution pending or be instituted to enforce any right or penalty, or to punish any offense, under the authority of any statute repealed by this act.”
Act 2003-3 legislation
Act 2003-3, § 1, added subsec. (o).
Act 2004-108 legislation
Act 2004-108, § 2, added subsecs. (a)(38) and (p).
Act 2010-8 legislation
Act 2010-8, § 1, added subsec. (a) (39); and in subsec. (c), in the introductory paragraph, substituted “, (24) and (39)” for “and (24)”.
Act 2010-21 legislation
Act 2010-21, § 1, in subsec. (a)(39), substituted “or phenylpropanolamine” for “, phenylpropanolamine or a product containing ephedrine, pseudoephedrine, phenylpropanolamine”.
Act 2010-107 legislation
Act 2010-107, § 1, added subsec. (a)(40); and in subsec. (c), in the introductory paragraph, substituted “clauses (21), (22), (24), (39) and (40)” for “clauses (21), (22) and (24)”.
Act 2010-107 overlooks the amendments by Acts 2010-8 and 21, but does not conflict with them in substance, and all three Acts have been given effect in setting forth the text of this section.
Act 2013-53 legislation
Act 2013-53, § 2, reserved subsec. (a)(40), which prior thereto read:
“(40) The sale at retail of any product containing ephedrine, pseudoephedrine, phenylpropanolamine, or any of their salts, optical isomers or salts of optical isomers as the sole active ingredient unless one of the following applies:
“(i) The product is offered for sale behind a counter where the public is not permitted.
“(ii) The product is offered for sale within a locked cabinet that is located in an area of the facility involved to which customers do have direct access.”
; and in subsec. (c), in the introductory paragraph, deleted reference to subsec. (a)(40).
Prior Laws:
1917, July 11, P.L. 758, §§ 4 to 9, 11 to 13 (35 P.S. §§ 854 to 862, 864 to 866).
1921, April 20, P.L. 152, §§ 1 to 4.
1929, April 30, P.L. 882, § 1.
1931, June 22, P.L. 655, § 1.
1933, May 22, P.L. 905, § 1.
1935, July 18, P.L. 1303, § 5 (35 P.S. § 944).
1939, May 12, P.L. 133, § 4 (35 P.S. § 954).
1943, May 21, P.L. 594, § 1.
1945, April 12, P.L. 225, §§ 1 to 5.
1945, April 26, P.L. 318, No. 139, § 4 (35 P.S. § 957.4).
1945, May 2, P.L. 380, § 1.
1947, June 10, P.L. 507, §§ 1, 2.
1949, April 8, P.L. 419, §§ 1 to 5.
1951, June 30, P.L. 955, No. 190, § 1.
1951, Aug. 10, P.L. 1198, § 1.
1953, June 19, P.L. 290, § 1.
1953, July 25, P.L. 595, § 1.
1955, Dec. 13, P.L. 849, § 1.
1955, Dec. 13, P.L. 858, § 1.
1955, Dec. 13, P.L. 1347, § 1.
1955, Dec. 28, P.L. 913, § 8 (35 P.S. § 935.8).
1956, May 29, P.L. (1955) 1809, §§ 1 to 3.
1957, July 19, P.L. 1013, § 1.
1961, June 21, P.L. 489, § 1.
1961, Sept. 22, P.L. 1592, § 1.
1961, Sept. 22, P.L. 1593, § 1.
1961, Sept. 26, P.L. 1664, § 4 (35 P.S. § 780-4).
1970, Jan. 12, P.L. (1969) 454, § 1.
35 P.S. § 780-113, PA ST 35 P.S. § 780-113
Current through 2018 Regular Session Act 164 (End)
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