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Title 35 – Health & Safety Chapter #6

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  1. Title 35 – Health & SafetyChapter #6 The Controlled Substance, Drug, De-vice & Cosmetic Act (780 – 101)

  2. 780-102. Definitions • Contraband: drug, device or cosmetic possessed by a person not entitled to by law • Controlled substance: drug, substance or immediate precursor included in schedules I – V. • Counterfeit: other drug or substance made to represent another drug or substance with-out authorization • Delivery: actual or attempted transfer of a drug, substance or cosmetic from one person to another person

  3. 780-102. Definitions • Designer drug: substance other than a con-trolled substance that has a chemical struct-ure or similar effects to schedule I, II or III • Device: instruments or devices • Dispense(r) & Delivery: deliver substances or one who delivers • Drug: recognized substances intended for medical treatment or prevention and / or affect structure or function of body

  4. 780-102. Definitions • Drug dependant per-son: person using a drug or substance & in a state of psychic or physical dependence • Drug addict: common term for aforemention-ed term

  5. 1. Kits for raising plants 2. Kits for manufacturing / processing con-trolled substances 3. Testing equipment 4. Scales 5. Chemicals used to cut drugs 6. Sifters / blenders 7. Packaging products 8. Storage containers 9. Needles / syringes 10. Drug objects: Marijuana / hashish clips Pipes of any type Water pipes Cocaine spoons / vials Bongs Anything used to take drugs 780-102 DefinitionsDrug paraphernalia

  6. 780-102 Definitions • Immediate precursor: regulated substance used as a principal compound of a drug • Labeling: written, printed or graphic matter on a substance or package • Manufacture: production, preparation, packaging or labeling of drugs • Marihuana: all forms of cannabis, seeds, extractions, and oil • Narcotic: any form of opium / morphine

  7. 780-102. DefinitionsNew Drug Drug composition not recognized by experts & safety unknown

  8. 780-102. Opiate / opium poppy / poppy straw • Opiate: substance similar to morphine with addiction capability • Opium poppy: plants of the species papaver somniferum • Poppy straw: all parts of poppy except seeds

  9. 780-102. DefinitionsProduction Manufacture, planting, cultivating, growing or harvesting a controlled substance

  10. 780-104. Scheduled Narcotics Schedule 1 • High potential for abuse • No currently accepted medical use in U.S. • Lack of accepted safety for use under medical supervision • Opiates (some – morphine) • Hallucinogenics • Marihuana • Methaqualone

  11. 780-104. Scheduled NarcoticsSchedule 2 • High potential for abuse • Accepted medical practice in U.S. (severe restrictions) • Abuse may lead to severe dependency • Opiates (lower level) • Coca compounds (cocaine, crack) • Amphetamines • Methamphetamines

  12. 780-104. Scheduled NarcoticsSchedule III • Abuse potential less than I & II • Well documented & ac-cepted medical practice in U.S. • Moderate to low depen-dency potential • Barbiturates • Codeines • Anabolic steroids

  13. 780-104. Scheduled NarcoticsSchedules IV & V • Low potential for abuse • Currently accepted medical practice in U.S. • Limited dependency potential • Most legal drugs

  14. 780-105. Exemption of controlled substances Can be done by the Secretary of Health – Commonwealth of PA

  15. 780-106. Registration Manufacture / distribution / retailer of controlled substances must be registered with PA Department of Health

  16. 780-107. Adulteration780-108. Misbranding780-110. New drugs Illegal to contaminate controlled sub-stances Labeling & packaging must be accurate Must have approval of Health Department

  17. 780-111. Professional pre-scription & dispensing780-112. Recording keeping Dispensing of controlled substances by physician / pharmacist Proper / detailed records for controlled substances

  18. Depends on type of drug / quantity / exact unlawful action (30) manufacture / de-livery / possession with intent to deliver con-trolled substance Max: 15 yrs / $250,000 or enough to exhaust assets to Min. 1 year / $5000 (31) possession of small amount of marihuana 30 grams of marihuana & / or 8 grams of hashish – small amount 30 days / $500 Other penalties may apply 780-113. Prohibited acts (penalties)37 sections

  19. 780-114. Distribution to persons under age 18 • Actor at least age 21 • Not drug dependent • Victim under age 18 • At least 4 years his junior • Prison sentence doubled • Plus specified fine

  20. 780-115. Second or subsequent offense • Second / subsequent violation of section 30 • Prison term can be doubled • Second or subsequent offense can be con-viction in federal or other state court

  21. Judges may place a person on probation without verdict if: Pleads guilty /nolo contendre to non-violent drug sections & drug dependency proven by medical specialist Probation no longer than actual sentence Persons ineligible Second / subsequent offense (any state or federal) Criminal record (M/F) Previous ARD Juvenile adjudicated a delinquent Charged under (30) 780-117. Probation without verdict

  22. 780-118. Disposition in lieu of trial / punishment • Actor must be charged with a non-violent drug offense • & drug dependent • Request treatment prior to trial • Medically certified • Judge my substitute treatment for sentence • On time deal only!!!!

  23. Additional drug-related criminal offenses

  24. Title 18: 6314. Penalties for trafficking drugs to minors • Actor over age 18 • Dispensing to a minor (under age 18) • Minimum of 1 year • 2 years if: • Promotes habitual use • Engaging minor in drug dealing • Within 1000 feet of a school

  25. Title 18: 6317. Drug-free school zones • Actor over age 18 • Conviction of drug offense • Within 1000 feet of school / college or • Within 250 feet of school bus stop / playground / rec center • 2 years minimum / 4 yrs if sentence less than 4 years

  26. Title 18. 6319. Solicitation of minors to traffic drugs • Actor age 18 • Solicits a person less than age 18 to engage in violations of drug act • F-2 • F-1 if drug free school zone involved

  27. Title 18. 7508: Drug trafficking sentencing and penalties Delineates the exact drug penalties based on: Weight of controlled substance # of plants for marihuana

  28. Title 18: 7508.1. Substance Abuse Education and Demand Reduction Fund • Funds the following: • Prevention • Intervention • Training • Treatment • Education • Public announcements • Training management & educators

  29. Title 18: 7509. Furnishing drug-free urine • (a) unlawful sale or attempted sale: • M-3 • If provider knows it is for evading detection • (b) use or attempt • M-3 • If actor is trying to evade detection or causing deceitful results