The following words and phrases, as used in
this chapter, shall have the meanings hereby ascribed thereto, unless
the context clearly indicates a different meaning:
ADVERTISEMENT
Any representation, disseminated in any manner or by any
means other than by labeling.
CONTROLLED SUBSTANCE
A drug, substance or immediate precursor as defined in the
Controlled Substance, Drug, Device and Cosmetic Act of 1972, April
14, P.L. 233, 35 P.S. § 780-101 et seq., as amended from
time to time.
DRUG PARAPHERNALIA
All equipment, products and materials of any kind which are
used, intended for use or 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 the Controlled Substance, Drug, Device, and Cosmetic
Act of 1972, April 14, P. L. 233, 35 P.S. § 780-101 et seq.,
as amended from time to time. It includes, but is not limited to:
A.
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.
B.
Kits used, intended for use or designed for
use in manufacturing, compounding, converting, producing, processing
or preparing controlled substances.
C.
Isomerization devices used, intended for use
or designed for use in increasing the potency of any species of plant
which is a controlled substance.
D.
Testing equipment used, intended for use or
designed for use in identifying or in analyzing the strength, effectiveness
or purity of controlled substances.
E.
Scales and balances used, intended for use or
designed for use in weighing or measuring controlled substances.
F.
Diluents and adulterants, such as quinine hydrochloride,
mannitol, mannite, dextrose and lactose, used, intended for use or
designed for use in cutting controlled substances.
G.
Separation gins and sifters used, intended for
use or designed for use in removing twigs and seeds from, or in otherwise
cleaning or refining marijuana.
H.
Blenders, bowls, containers, spoons and mixing
devices used, intended for use or designed for use in compounding
controlled substances.
I.
Capsules, balloons, envelopes and other containers
used, intended for use or designed for use in packaging small quantities
of controlled substances.
J.
Containers and other objects used, intended
for use or designed for use in storing or concealing controlled substances.
K.
Hypodermic syringes, needles and other objects
used, intended for use or designed for use in parenterally injecting
controlled substances into the human body.
L.
Objects used, intended for use or designed for
use in ingesting, inhaling or otherwise introducing marijuana, cocaine,
hashish or hashish oil into the human body, such as:
(1)
Metal, wooden, acrylic, glass, stone, plastic
or ceramic pipes with or without screens, permanent screens, hashish
heads or punctured metal bowls.
(3)
Carburetion tubes and devices.
(4)
Smoking and carburetion masks.
(5)
Roach clips, meaning objects used to hold burning
material, such as a marijuana cigarette, that has become too small
or too short to be held in the hand.
(6)
Miniature cocaine spoons and cocaine vials.
PERSON
Individual, corporation, business trust, estate, trust, partnership
or association, or any other legal entity.
PRACTITIONER
Includes:
A.
A physician, osteopath, dentist, veterinarian,
pharmacist, podiatrist, nurse, scientific investigator or other person
licensed, registered or otherwise permitted to distribute, dispense,
conduct research with respect to or to administer a controlled substance
or other drug or device in the course of professional practice or
research in the commonwealth.
B.
A pharmacy, hospital, clinic or other institution
licensed, registered or otherwise permitted to distribute, dispense,
conduct research with respect to or to administer a controlled substance,
other drug or device in the course of professional practice or research
in the commonwealth.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
This chapter shall not apply to practitioners,
as defined in this chapter, who have complied with the provisions
of the Controlled Substance, Drug, Device and Cosmetic Act of 1972,
April 14, P.L. 233, 35 P.S. § 780-101 et seq., as amended
from time to time, nor to individuals engaging in the proper use of
medical marijuana in accordance with state statute.
[Amended 11-10-1997 by Ord. No. 97-16]
Whoever violates any provision of this chapter
shall be liable, upon summary conviction for a first offense and upon
summary conviction for each subsequent offense, to a fine of not less
than $100 nor more than $600, together with costs of prosecution,
in each case. Each day that a violation continues shall be deemed
a separate offense and shall be punishable as such. Fines and costs
imposed under the provisions of this chapter shall be enforceable
and recoverable in the manner and at the time provided by applicable
law. Upon refusal of any person convicted of a violation of this chapter
to pay such fine and costs, such person shall be imprisoned for a
period not exceeding 30 days.