SB 347 — 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 prohibited acts and penalties.

PRINTER'S NO.    284

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                        SENATE BILL
                        No. 347
                                                Session of
                                                  2025

     INTRODUCED BY TARTAGLIONE, FONTANA, LAUGHLIN, PENNYCUICK,
        HUTCHINSON, STEFANO, FARRY AND MILLER, FEBRUARY 26, 2025

     REFERRED TO JUDICIARY, FEBRUARY 26, 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      prohibited acts and penalties.
12      The General Assembly of the Commonwealth of Pennsylvania
13   hereby enacts as follows:
14      Section 1.    Section 13(a) of the act of April 14, 1972
15   (P.L.233, No.64), known as The Controlled Substance, Drug,
16   Device and Cosmetic Act, is amended by adding a clause and the
17   section is amended by adding a subsection to read:
18      Section 13.    Prohibited Acts; Penalties.--(a)      The following
19   acts and the causing thereof within the Commonwealth are hereby
20   prohibited:
21      * * *
22      (41)    The operation of a clinic or establishment that
 1   knowingly provides space for any person to inject, ingest,
 2   inhale or otherwise introduce into the person's body a
 3   controlled substance in violation of this act. The following
 4   shall apply:
 5      (i)     Each district attorney of a county where the clinic or
 6   establishment is located shall have authority to investigate and
 7   to institute criminal proceedings for any violation of this
 8   clause.
 9      (ii)    In addition to the authority conferred upon the
10   Attorney General by the act of October 15, 1980 (P.L.950,
11   No.164), known as the "Commonwealth Attorneys Act," the Attorney
12   General shall have the authority to investigate and to institute
13   criminal proceedings for any violation of this clause.
14      (iii)    No person charged with a violation of this clause by
15   the Attorney General shall have standing to challenge the
16   authority of the Attorney General to investigate or prosecute
17   the case and, if any challenge is made, the challenge shall be
18   dismissed and no relief shall be available in the courts of this
19   Commonwealth to the person making the challenge.
20      (iv)    Nothing contained in subclause (i), (ii) or (iii) shall
21   be construed to limit the regulatory or investigative authority
22   of any department or agency of the Commonwealth relating to
23   persons, enterprises or matters within the scope of this
24   section.
25      (v)     Nothing in this clause shall be construed to:
26      (A)     Prohibit the provision of space for the use of a medical
27   marijuana product as long as that use is in conformance with the
28   act of April 17, 2016 (P.L.84, No.16), known as the "Medical
29   Marijuana Act."
30      (B)     Prohibit a practitioner from prescribing, administering

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 1   or dispensing a controlled substance in a manner that is
 2   otherwise permitted under this act.
 3      * * *
 4      (q)   Any person who violates clause (41) of subsection (a):
 5      (1)   Is guilty of a felony and upon conviction thereof shall
 6   be sentenced to a term of imprisonment of not more than twenty
 7   years or a fine of not more than five hundred thousand dollars
 8   ($500,000), or both, or a fine of two million dollars
 9   ($2,000,000) for a person other than an individual.
10      (2)   Shall be subject to a civil penalty of not more than two
11   hundred fifty thousand dollars ($250,000). The Attorney General
12   shall have the power and duty to institute proceedings to
13   recover the civil penalty provided under this clause against any
14   person liable to the Commonwealth for a penalty.
15      Section 2.   This act shall take effect in 60 days.




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