HB 809 — An Act amending the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, further providing for definitions and for prohibited acts and penalties; and providing for syringe service programs authorized.

PRINTER'S NO.   839

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 809
                                                Session of
                                                  2025

     INTRODUCED BY STRUZZI, POWELL, FRANKEL, GREEN, KHAN, MALAGARI
        AND SANCHEZ, MARCH 5, 2025

     REFERRED TO COMMITTEE ON JUDICIARY, MARCH 5, 2025


                                       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      definitions and for prohibited acts and penalties; and
12      providing for syringe service programs authorized.
13      The General Assembly of the Commonwealth of Pennsylvania
14   hereby enacts as follows:
15      Section 1.    The definition of "drug paraphernalia" in section
16   2(b) of the act of April 14, 1972 (P.L.233, No.64), known as The
17   Controlled Substance, Drug, Device and Cosmetic Act, is amended
18   to read:
19      Section 2.    Definitions.--* * *
20      (b)     As used in this act:
21      * * *
22      "Drug paraphernalia" means all equipment, products and
23   materials of any kind which are used, intended for use or
 1   designed for use in planting, propagating, cultivating, growing,
 2   harvesting, manufacturing, compounding, converting, producing,
 3   processing, preparing, testing, analyzing, packaging,
 4   repackaging, storing, containing, concealing, injecting,
 5   ingesting, inhaling or otherwise introducing into the human body
 6   a controlled substance in violation of this act. It includes,
 7   but is not limited to:
 8      (1)   Kits used, intended for use or designed for use in
 9   planting, propagating, cultivating, growing or harvesting of any
10   species of plant which is a controlled substance or from which a
11   controlled substance can be derived.
12      (2)   Kits used, intended for use or designed for use in
13   manufacturing, compounding, converting, producing, processing or
14   preparing controlled substances.
15      (3)   Isomerization devices used, intended for use or designed
16   for use in increasing the potency of any species of plant which
17   is a controlled substance.
18      (4)   Testing equipment used, intended for use or designed for
19   use in identifying or in analyzing the strength, effectiveness
20   or purity of controlled substances.
21      (5)   Scales and balances used, intended for use or designed
22   for use in weighing or measuring controlled substances.
23      (6)   Diluents and adulterants, such as quinine hydrochloride,
24   mannitol, mannite, dextrose and lactose, used, intended for use
25   or designed for use in cutting controlled substances.
26      (7)   Separation gins and sifters used, intended for use or
27   designed for use in removing twigs and seeds from or in
28   otherwise cleaning or refining marihuana.
29      (8)   Blenders, bowls, containers, spoons and mixing devices
30   used, intended for use or designed for use in compounding

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 1   controlled substances.
 2      (9)    Capsules, balloons, envelopes and other containers used,
 3   intended for use or designed for use in packaging small
 4   quantities of controlled substances.
 5      (10)   Containers and other objects used, intended for use or
 6   designed for use in storing or concealing controlled substances.
 7      (11)   Hypodermic syringes, needles and other objects used,
 8   intended for use, or designed for use in parenterally injected
 9   controlled substances into the human body. The term does not
10   include a syringe, needle or other harm reduction supplies used
11   to prevent the transmission of disease and reduce morbidity and
12   mortality among individuals who use controlled substances,
13   provided by a public or private entity through a syringe service
14   program to a participant in the syringe service program in
15   accordance with section 13.10 or a pharmacy or health care
16   provider in accordance with all applicable rules and
17   regulations. For purposes of this paragraph, the term "health
18   care provider" means an individual or health care facility that
19   is licensed, certified or otherwise authorized to provide health
20   care under the laws of this Commonwealth. The term also includes
21   an officer, employe or agent of a health care provider acting
22   within the scope of the person's duties and authority and a
23   legal entity through which one or more health care providers
24   deliver health care, including a professional corporation,
25   partnership or limited liability company.
26      (12)   Objects used, intended for use or designed for use in
27   ingesting, inhaling or otherwise introducing marihuana, cocaine,
28   hashish or hashish oil into the human body, such as:
29      (i)    Metal, wooden, acrylic, glass, stone, plastic or ceramic
30   pipes with or without screens, permanent screens, hashish heads

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 1   or punctured metal bowls.
 2      (ii)    Water pipes.
 3      (iii)    Carburetion tubes and devices.
 4      (iv)    Smoking and carburetion masks.
 5      (v)    Roach clips; meaning objects used to hold burning
 6   material such as a marihuana cigarette, that has become too
 7   small or too short to be held in the hand.
 8      (vi)    Miniature cocaine spoons and cocaine vials.
 9      (vii)    Chamber pipes.
10      (viii)    Carburetor pipes.
11      (ix)    Electric pipes.
12      (x)    Air-driven pipes.
13      (xi)    Chillums.
14      (xii)    Bongs.
15      (xiii)    Ice pipes or chillers.
16      In determining whether an object is drug paraphernalia, a
17   court or other authority should consider, in addition to all
18   other logically relevant factors, statements by an owner or by
19   anyone in control of the object concerning its use, prior
20   convictions, if any, of an owner, or of anyone in control of the
21   object, under any State or Federal law relating to any
22   controlled substance, the proximity of the object, in time and
23   space, to a direct violation of this act, the proximity of the
24   object to controlled substances, the existence of any residue of
25   controlled substances on the object, except as provided under
26   section 13(q), direct or circumstantial evidence of the intent
27   of an owner, or of anyone in control of the object, to deliver
28   it to persons who he knows, or should reasonably know, intend to
29   use the object to facilitate a violation of this act, the
30   innocence of an owner or of anyone in control of the object, as

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 1   to a direct violation of this act should not prevent a finding
 2   that the object is intended for use or designed for use as drug
 3   paraphernalia, instructions, oral or written, provided with the
 4   object concerning its use, descriptive materials accompanying
 5   the object which explain or depict its use, national and local
 6   advertising concerning its use, the manner in which the object
 7   is displayed for sale, whether the owner, or anyone in control
 8   of the object, is a legitimate supplier of like or related items
 9   to the community, such as a licensed distributor or dealer of
10   tobacco products, direct or circumstantial evidence of the ratio
11   of sales of the objects to the total sales of the business
12   enterprise, the existence and scope of legitimate uses for the
13   object in the community, and expert testimony concerning its
14   use.
15      This definition does not include testing products utilized in
16   determining whether a controlled substance contains chemicals,
17   toxic substances or hazardous compounds in quantities which can
18   cause physical harm or death. The term "testing products" shall
19   include, but is not limited to, fentanyl test strips.
20      * * *
21      Section 2.    Section 13 of the act is amended by adding a
22   subsection to read:
23      Section 13.    Prohibited Acts; Penalties.--* * *
24      (q)   A person may not be prosecuted for a residual amount of
25   a controlled substance contained in a used syringe, needle or
26   other harm reduction supplies excluded from the definition of
27   "drug paraphernalia" under section 2(b).
28      Section 3.    The act is amended by adding a section to read:
29      Section 13.10.     Syringe Service Programs Authorized.--(a)   A
30   syringe service program may be established by a public or

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 1   private entity, including a nonprofit organization, for the
 2   purpose of preventing the transmission of disease and reducing
 3   morbidity and mortality among individuals who use controlled
 4   substances.
 5      (b)    A program shall:
 6      (1)    Provide sterile needles or syringes to participants.
 7      (2)    Provide referrals for HIV, viral hepatitis, substance
 8   use disorder prevention, care and treatment services and mental
 9   health treatment services to participants.
10      (3)    Provide referrals to individuals who are under 18 years
11   of age to age-appropriate substance use disorder prevention,
12   care and treatment services and mental health treatment
13   services.
14      (4)    Register with the department and confirm registration
15   annually on or before January 1 of each year.
16      (5)    Create and distribute unique identification cards to
17   participants, which shall contain, at a minimum, the following
18   information:
19      (i)    A unique identification number.
20      (ii)     The name of the program.
21      (iii)    The contact information for the program.
22      (6)    Report annually to the department in accordance with
23   subsection (d).
24      (7)    Establish a secure syringe or needle collection and
25   disposal site to ensure the safe and proper disposal of used
26   syringes or needles.
27      (c)    A program may provide an opioid antagonist to a
28   participant.
29      (d)    A program shall report the following information to the
30   department on an annual basis:

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 1      (1)    The number of current participants.
 2      (2)    The number of syringes or needles distributed to
 3   participants.
 4      (3)    The number of syringes or needles collected and disposed
 5   of at the program's disposal site under subsection (b)(7).
 6      (4)    The number of substance use disorder treatment referrals
 7   made to participants.
 8      (5)    The number of HIV, viral hepatitis and mental health
 9   treatment referrals made to participants.
10      (6)    The number of opioid antagonists distributed to
11   participants.
12      (e)    The following apply to the operations of a syringe
13   service program:
14      (1)    A program may not:
15      (i)    Except as provided in subparagraph (ii), operate within
16   500 feet of the real property on which is located a public,
17   private or parochial school.
18      (ii)    In a county of the first, second or second class A,
19   operate within 250 feet of the real property on which is located
20   a public, private or parochial school.
21      (iii)    Operate within 250 feet of real property on which is
22   located a playground.
23      (2)    Paragraph (1) does not apply to:
24      (i)    A syringe service program that began operations prior to
25   the effective date of this subparagraph.
26      (ii)    A health care facility, as defined in section 802.1 of
27   the act of July 19, 1979 (P.L.130, No.48), known as the "Health
28   Care Facilities Act."
29      (iii)    A hospital, as defined in section 802.1 of the "Health
30   Care Facilities Act."

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 1      (f)   The department shall provide oversight of a program to
 2   ensure compliance under this section and to assess, prevent,
 3   minimize and mitigate risk to the health, safety and welfare of
 4   the public, the community in which the program is located and
 5   the environment.
 6      (g)   The department may promulgate rules and regulations as
 7   are necessary to carry out this section.
 8      (h)   The department shall issue an annual report and post the
 9   report on the department's publicly accessible Internet website.
10   The report shall identify, at a minimum, the following
11   information:
12      (1)   The name and location of every program.
13      (2)   The total number of participants of each program.
14      (3)   The total number of syringes or needles distributed by
15   each program.
16      (4)   The total number of syringes or needles collected and
17   disposed of by each program.
18      (5)   The number of substance use disorder treatment referrals
19   made to participants of each program.
20      (6)   The number of HIV, viral hepatitis and mental health
21   treatment referrals made to participants of each program.
22      (7)   The number of opioid antagonists distributed to
23   participants of each program.
24      (i)   In the absence of willful misconduct or gross
25   negligence, a program shall be immune from civil and criminal
26   liability for activities authorized by this section.
27      (j)   As used in this section, the following words and phrases
28   shall have the meanings given to them in this subsection unless
29   the context clearly indicates otherwise:
30      "Nonprofit organization."    As defined in 42 Pa.C.S. §

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 1   8332.6(b) (relating to antidrug and town-watch volunteer civil
 2   immunity).
 3      "Opioid antagonist."     As defined in section 13.8(h).
 4      "Participant."     An individual who participates in a program.
 5      "Program."      A syringe service program authorized under this
 6   section.
 7      Section 4.      The following shall apply:
 8          (1)   The Department of Health shall issue guidance on
 9      best practices for syringe service programs.
10          (2)   Prior to commencing operations of a syringe service
11      program, the syringe service program shall report the
12      following to the Department of Health:
13                (i)    The legal name of the organization, agency or
14          health care facility operating the syringe service
15          program.
16                (ii)    The areas and populations to be served by the
17          syringe service program.
18                (iii)    The written notice of the proposed location to
19          the governing authority in which the syringe service
20          program is to be located.
21      Section 5.      This act shall take effect in 60 days.




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