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§ 6316. Selling or furnishing certain stimulants to minors

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 18 Pa.C.S.A. Crimes and Offenses

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses (Refs & Annos)
Article G. Miscellaneous Offenses (Refs & Annos)
Chapter 63. Minors (Refs & Annos)
18 Pa.C.S.A. § 6316
§ 6316. Selling or furnishing certain stimulants to minors
Currentness
(a) Offense defined.--A person commits a summary offense if he knowingly sells or purchases with the intent to sell ephedrine to a person who is less than 18 years of age.
(b) Penalty.--A person who is convicted of violating subsection (a) shall be sentenced to pay a fine of not less than $250 nor more than $500 for the first violation and a fine of $500 for each subsequent violation.
(c) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
“Ephedrine.”
(1) Except as provided in paragraph (2), any product that contains any quantity of ephedrine, a salt of ephedrine, an optical isomer of ephedrine or a salt of an optical isomer of ephedrine.
(2) The term does not include a product containing ephedrine if it may lawfully be sold over the counter without a prescription under the Federal Food, Drug, and Cosmetic Act (52 Stat. 1040, 21 U.S.C. § 301 et seq.); is labeled and marketed in a manner consistent with the pertinent OTC Tentative Final or Final Monograph; is manufactured and distributed for legitimate medicinal use in a manner that reduces or eliminates the likelihood of abuse; and as described as follows:
(i) Solid oral dosage forms, including soft gelatin caplets, that combine active ingredients in the following ranges for each dosage unit:
(A) Theophylline (100-130 mg), ephedrine (12.5-24 mg).
(B) Theophylline (60-100 mg), ephedrine (12.5-24 mg), guaifenesin (200-400 mg).
(C) Ephedrine (12.5-25 mg), guaifenesin (200-400 mg).
(D) Phenobarbital (not greater than 8 mg) in combination with the ingredients of clause (A) or (B).
(ii) Liquid oral dosage forms that combine active ingredients in the following ranges for each 5 ml dose:
(A) Theophylline (not greater than 45 mg), ephedrine (not greater than 36 mg), guaifenesin (not greater than 100 mg), phenobarbital (not greater than 12 mg).
(B) Phenylephephrine (not greater than 5 mg), ephedrine (not greater than 5 mg), chlorpheniramine (not greater than 2 mg), dextromethorphan (not greater than 10 mg), ammonium Cl (not greater than 40 mg), ipecac fluid extract (not greater than 0.005 ml).
(iii) Anorectal preparations containing less than 5% ephedrine.
(iv) Any liquid compound, mixture or preparation containing 0.5% or less of ephedrine.

Credits

1997, May 9, P.L. 142, No. 8, § 2, effective in 60 days.
18 Pa.C.S.A. § 6316, PA ST 18 Pa.C.S.A. § 6316
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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