Legislation toughens Pennsylvania drug penalties
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December 7, 2005

Legislation toughens Pennsylvania drug penalties

Local state lawmakers are backing legislation which cracks down
on marijuana trafficking and places further restrictions on the
sale and possession of over-the-counter medicines whose only active
ingredient is ephedrine.

Introduced by Rep. Kathy Rapp, R-Warren, and backed by Rep.
Martin Causer, R-Turtlepoint, House Bill 1607 increases the maximum
sentence imposed on marijuana traffickers from five to seven years
and upgrades the level of punishment from a first-degree
misdemeanor to a third-degree felony.

Officials said the legislation, which amends the Controlled
Substance, Drug, Device and Cosmetic Act of 1972, also targets the
rise of methamphetamine across the state and is just one of a
package of bills currently in the House aimed at curbing the drug’s
spread. Meth is rapidly growing in stature across the Northern Tier
counties, including inside McKean County’s borders and in the
Allegheny National Forest.

“Final enactment of this legislation would provide yet another
valuable tool for law enforcement officials to crack down on the
supply side of marijuana trafficking,” Rapp said Wednesday.

Passed unanimously in the House, the bill now moves to the
Senate and eventually to Gov. Ed Rendell for approval.

“Those who support the legalization of marijuana will of course
point to the enormous expense of tracking down and prosecuting
marijuana dealers,” Rapp said. “In light of the dramatic increase
of meth labs in the Northern Tier and substance abuse across the
Commonwealth, what’s even more enormous are the well-documented
social and economic consequences of this gateway drug.”

Rapp said the legislation will help curtail the cost of
increasing health and welfare care, reduced workplace productivity
and drug-related crimes, “all of which must be paid for by
law-abiding taxpayers who do not irresponsibly use illegal
substances.”

The lawmaker said the Pennsylvania District Attorneys
Association has asked for an increase in the level of punishment
for traffickers, adding sentencing will correspond with the actual
amount of marijuana seized during a bust.

According to the bill, the new level of punishment would be
applied for trafficking anywhere between two and 1,000 pounds of
marijuana or having at least 10 live marijuana plants. In addition
to the maximum sentence of seven years, a trafficker would also
face paying fines of up to $15,000 or more.

Causer said he hopes the legislation sends a clear message to
drug traffickers.

“We’re got a serious problem in our area and I think it’s very
important to send a message that we are not going to put up with
it,” Causer said. “This will act as an important deterrent. While I
don’t believe it will ever go away totally, I hope we can put a
dent in the drug problems we already have.”

Meanwhile, the language dealing with ephedrine – which is a
precursor ingredient for making crystal meth – makes the drug a
Schedule V controlled substance. According to the Pennsylvania
Department of Health, a Schedule V drug has a relatively low
potential for abuse, is currently accepted for medical use and has
limited physical or psychological dependence.

According to a copy of the language, retail sales to a single
buyer must be limited to 7.5 grams in a 30-day period and 360
milligrams in a 24-hour period, unless by prescription. Also,
individuals must provide photo identification before buying the
drug and sign a written log. There will be no sales permitted to
people under 18-years-old.

Charges would range from a first-degree misdemeanor for a first
offense to a second-degree felony for transporting ephedrine with
the intent to manufacture it.

Both legislators said educating the public – especially children
– is essential in the fight against drugs.

“The most important aspect is educating the public, and not just
in what to look for in people trafficking marijuana and other
substances,” Rapp said.

To that end, McKean County District Attorney John Pavlock said
more funding is needed from the federal and state governments to
help those on the front lines of the fight against drugs.

“That would be our biggest weapon,” Pavlock said. “Increasing
the penalties are great, but we need the funds to go out on the
street and be effective. We already stretch every dollar as far as
we can.

“While we are in a constant battle, it’s one we need to keep
doing,” Pavlock added, “because if we stop, it’s going to get
worse. Hopefully, this law will help deter those people who fear
getting caught, which will help limit the distribution and, in
turn, new users.”

The state legislation goes hand-in-hand with a movement at the
federal level, where a Congressional task force has been
established to battle drugs in rural areas.

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