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.

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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or punctured metal bowls.
(ii) Water pipes.
(iii) Carburetion tubes and devices.
(iv) Smoking and carburetion masks.
(v) Roach clips; meaning objects used to hold burning
material such as a marihuana cigarette, that has become too
small or too short to be held in the hand.
(vi) Miniature cocaine spoons and cocaine vials.
(vii) Chamber pipes.
(viii) Carburetor pipes.
(ix) Electric pipes.
(x) Air-driven pipes.
(xi) Chillums.
(xii) Bongs.
(xiii) Ice pipes or chillers.
In determining whether an object is drug paraphernalia, a
court or other authority should consider, in addition to all
other logically relevant factors, statements by an owner or by
anyone in control of the object concerning its use, prior
convictions, if any, of an owner, or of anyone in control of the
object, under any State or Federal law relating to any
controlled substance, the proximity of the object, in time and
space, to a direct violation of this act, the proximity of the
object to controlled substances, the existence of any residue of
controlled substances on the object, except as provided under
section 13(q), direct or circumstantial evidence of the intent
of an owner, or of anyone in control of the object, to deliver
it to persons who he knows, or should reasonably know, intend to
use the object to facilitate a violation of this act, the
innocence of an owner or of anyone in control of the object, as
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to a direct violation of this act should not prevent a finding
that the object is intended for use or designed for use as drug
paraphernalia, instructions, oral or written, provided with the
object concerning its use, descriptive materials accompanying
the object which explain or depict its use, national and local
advertising concerning its use, the manner in which the object
is displayed for sale, whether the owner, or anyone in control
of the object, is a legitimate supplier of like or related items
to the community, such as a licensed distributor or dealer of
tobacco products, direct or circumstantial evidence of the ratio
of sales of the objects to the total sales of the business
enterprise, the existence and scope of legitimate uses for the
object in the community, and expert testimony concerning its
use.
This definition does not include testing products utilized in
determining whether a controlled substance contains chemicals,
toxic substances or hazardous compounds in quantities which can
cause physical harm or death. The term "testing products" shall
include, but is not limited to, fentanyl test strips.
* * *
Section 2. Section 13 of the act is amended by adding a
subsection to read:
Section 13. Prohibited Acts; Penalties.--* * *
(q) A person may not be prosecuted for a residual amount of
a controlled substance contained in a used syringe, needle or
other harm reduction supplies excluded from the definition of
"drug paraphernalia" under section 2(b).
Section 3. The act is amended by adding a section to read:
Section 13.10. Syringe Service Programs Authorized.--(a) A
syringe service program may be established by a public or
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private entity, including a nonprofit organization, for the
purpose of preventing the transmission of disease and reducing
morbidity and mortality among individuals who use controlled
substances.
(b) A program shall:
(1) Provide sterile needles or syringes to participants.
(2) Provide referrals for HIV, viral hepatitis, substance
use disorder prevention, care and treatment services and mental
health treatment services to participants.
(3) Provide referrals to individuals who are under 18 years
of age to age-appropriate substance use disorder prevention,
care and treatment services and mental health treatment
services.
(4) Register with the department and confirm registration
annually on or before January 1 of each year.
(5) Create and distribute unique identification cards to
participants, which shall contain, at a minimum, the following
information:
(i) A unique identification number.
(ii) The name of the program.
(iii) The contact information for the program.
(6) Report annually to the department in accordance with
subsection (d).
(7) Establish a secure syringe or needle collection and
disposal site to ensure the safe and proper disposal of used
syringes or needles.
(c) A program may provide an opioid antagonist to a
participant.
(d) A program shall report the following information to the
department on an annual basis:
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(1) The number of current participants.
(2) The number of syringes or needles distributed to
participants.
(3) The number of syringes or needles collected and disposed
of at the program's disposal site under subsection (b)(7).
(4) The number of substance use disorder treatment referrals
made to participants.
(5) The number of HIV, viral hepatitis and mental health
treatment referrals made to participants.
(6) The number of opioid antagonists distributed to
participants.
(e) The following apply to the operations of a syringe
service program:
(1) A program may not:
(i) Except as provided in subparagraph (ii), operate within
500 feet of the real property on which is located a public,
private or parochial school.
(ii) In a county of the first, second or second class A,
operate within 250 feet of the real property on which is located
a public, private or parochial school.
(iii) Operate within 250 feet of real property on which is
located a playground.
(2) Paragraph (1) does not apply to:
(i) A syringe service program that began operations prior to
the effective date of this subparagraph.
(ii) A health care facility, as defined in section 802.1 of
the act of July 19, 1979 (P.L.130, No.48), known as the "Health
Care Facilities Act."
(iii) A hospital, as defined in section 802.1 of the "Health
Care Facilities Act."
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(f) The department shall provide oversight of a program to
ensure compliance under this section and to assess, prevent,
minimize and mitigate risk to the health, safety and welfare of
the public, the community in which the program is located and
the environment.
(g) The department may promulgate rules and regulations as
are necessary to carry out this section.
(h) The department shall issue an annual report and post the
report on the department's publicly accessible Internet website.
The report shall identify, at a minimum, the following
information:
(1) The name and location of every program.
(2) The total number of participants of each program.
(3) The total number of syringes or needles distributed by
each program.
(4) The total number of syringes or needles collected and
disposed of by each program.
(5) The number of substance use disorder treatment referrals
made to participants of each program.
(6) The number of HIV, viral hepatitis and mental health
treatment referrals made to participants of each program.
(7) The number of opioid antagonists distributed to
participants of each program.
(i) In the absence of willful misconduct or gross
negligence, a program shall be immune from civil and criminal
liability for activities authorized by this section.
(j) As used in this section, the following words and phrases
shall have the meanings given to them in this subsection unless
the context clearly indicates otherwise:
"Nonprofit organization." As defined in 42 Pa.C.S. §
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8332.6(b) (relating to antidrug and town-watch volunteer civil
immunity).
"Opioid antagonist." As defined in section 13.8(h).
"Participant." An individual who participates in a program.
"Program." A syringe service program authorized under this
section.
Section 4. The following shall apply:
(1) The Department of Health shall issue guidance on
best practices for syringe service programs.
(2) Prior to commencing operations of a syringe service
program, the syringe service program shall report the
following to the Department of Health:
(i) The legal name of the organization, agency or
health care facility operating the syringe service
program.
(ii) The areas and populations to be served by the
syringe service program.
(iii) The written notice of the proposed location to
the governing authority in which the syringe service
program is to be located.
Section 5. This act shall take effect in 60 days.
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