SB 75 — 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.     31

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                        SENATE BILL
                        No. 75
                                               Session of
                                                 2025

     INTRODUCED BY STREET, BARTOLOTTA, SAVAL, KEARNEY, COMITTA,
        LAUGHLIN, TARTAGLIONE AND KANE, JANUARY 22, 2025

     REFERRED TO JUDICIARY, JANUARY 22, 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)(31) and (g) of the act of April 14,
15   1972 (P.L.233, No.64), known as The Controlled Substance, Drug,
16   Device and Cosmetic Act, are amended to read:
17      Section 13.    Prohibited Acts; Penalties.--(a)     The following
18   acts and the causing thereof within the Commonwealth are hereby
19   prohibited:
20      * * *
21      (31)    Notwithstanding other subsections of this section[,]:
22   (i) the possession of a small amount of marihuana only for
 1   personal use; (ii) the possession of a small amount of marihuana
 2   with the intent to distribute it but not to sell it; [or] (iii)
 3   the distribution of a small amount of marihuana but not for
 4   sale[.
 5      For purposes of this subsection, thirty (30) grams of
 6   marihuana or eight (8) grams of hashish shall be considered a
 7   small amount of marihuana.]; or (iv) the smoking of a small
 8   amount of marihuana in a public space.
 9      As used in this subsection:
10      "Public space" means a street, alley, park, sidewalk, a
11   vehicle in or upon any street, alley, park or parking area or
12   any other place to which the public is invited.
13      "Small amount of marihuana" means thirty (30) grams or less
14   of marihuana or eight (8) grams or less of hashish.
15      "Smoking" means inhaling, exhaling, burning or carrying a
16   lighted cigarette, cigar, pipe or other device which contains
17   marihuana.
18      * * *
19      (g)    (1)   Any person who violates clause [(31)] (31)(i), (ii)
20   or (iii) of subsection (a) is guilty of a [misdemeanor] summary
21   offense and upon conviction thereof shall be [sentenced to
22   imprisonment not exceeding thirty days, or] ordered to pay a
23   fine not exceeding [five hundred dollars ($500), or both.]
24   twenty-five dollars ($25).
25      (2)    Any person who violates clause (31)(iv) of subsection
26   (a) is guilty of a summary offense and upon conviction thereof
27   shall be ordered to pay a fine not exceeding one hundred dollars
28   ($100).
29      (3)    A conviction under this subsection shall not trigger
30   application of the mandatory license suspension provisions under

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1   75 Pa.C.S. § 1532(c) (relating to suspension of operating
2   privilege).
3      * * *
4      Section 2.   This act shall take effect in 60 days.




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