Pennsylvania 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.

Bill Text

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
Amending the act of April 14, 1972 (P.L.233, No.64), entitled
"An act relating to the manufacture, sale and possession of
controlled substances, other drugs, devices and cosmetics;
conferring powers on the courts and the secretary and
Department of Health, and a newly created Pennsylvania Drug,
Device and Cosmetic Board; establishing schedules of
controlled substances; providing penalties; requiring
registration of persons engaged in the drug trade and for the
revocation or suspension of certain licenses and
registrations; and repealing an act," further providing for
definitions and for prohibited acts and penalties; and
providing for syringe service programs authorized.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "drug paraphernalia" in section
2(b) of the act of April 14, 1972 (P.L.233, No.64), known as The
Controlled Substance, Drug, Device and Cosmetic Act, is amended
to read:
Section 2. Definitions.--* * *
(b) As used in this act:
* * *
"Drug paraphernalia" means all equipment, products and
materials of any kind which are used, intended for use or
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designed for use in planting, propagating, cultivating, growing,
harvesting, manufacturing, compounding, converting, producing,
processing, preparing, testing, analyzing, packaging,
repackaging, storing, containing, concealing, injecting,
ingesting, inhaling or otherwise introducing into the human body
a controlled substance in violation of this act. It includes,
but is not limited to:
(1) Kits used, intended for use or designed for use in
planting, propagating, cultivating, growing or harvesting of any
species of plant which is a controlled substance or from which a
controlled substance can be derived.
(2) Kits used, intended for use or designed for use in
manufacturing, compounding, converting, producing, processing or
preparing controlled substances.
(3) Isomerization devices used, intended for use or designed
for use in increasing the potency of any species of plant which
is a controlled substance.
(4) Testing equipment used, intended for use or designed for
use in identifying or in analyzing the strength, effectiveness
or purity of controlled substances.
(5) Scales and balances used, intended for use or designed
for use in weighing or measuring controlled substances.
(6) Diluents and adulterants, such as quinine hydrochloride,
mannitol, mannite, dextrose and lactose, used, intended for use
or designed for use in cutting controlled substances.
(7) Separation gins and sifters used, intended for use or
designed for use in removing twigs and seeds from or in
otherwise cleaning or refining marihuana.
(8) Blenders, bowls, containers, spoons and mixing devices
used, intended for use or designed for use in compounding
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controlled substances.
(9) Capsules, balloons, envelopes and other containers used,
intended for use or designed for use in packaging small
quantities of controlled substances.
(10) Containers and other objects used, intended for use or
designed for use in storing or concealing controlled substances.
(11) Hypodermic syringes, needles and other objects used,
intended for use, or designed for use in parenterally injected
controlled substances into the human body. The term does not
include a syringe, needle or other harm reduction supplies used
to prevent the transmission of disease and reduce morbidity and
mortality among individuals who use controlled substances ,
provided by a public or private entity through a syringe service
program to a participant in the syringe service program in
accordance with section 13.10 or a pharmacy or health care
provider in accordance with all applicable rules and
regulations . For purposes of this paragraph, the term "health
care provider" means a n individual or health care facility that
is licensed, certified or otherwise authorized to provide health
care under the laws of this Commonwealth. The term also includes
an officer, employe or agent of a health care provider acting
within the scope of the person's duties and authority and a
legal entity through which one or more health care providers
deliver health care, including a professional corporation,
partnership or limited liability company.
(12) Objects used, intended for use or designed for use in
ingesting, inhaling or otherwise introducing marihuana, cocaine,
hashish or hashish oil into the human body, such as:
(i) Metal, wooden, acrylic, glass, stone, plastic or ceramic
pipes with or without screens, permanent screens, hashish heads
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