Posts

New Law Holds Drug Dealers Accountable

/in /by

One of the 46 new laws that Governor Tom Corbett signed, on Thursday, will reclassify the offense of drug delivery resulting in death.  The Pennsylvania District Attorneys Association (PDAA) tells us a 2005 state Supreme Court decision tied prosecutors’ hands by requiring that they prove the drug dealer acted with malice.  “It became almost impossible to prove because it was a two-party transaction and one of the parties was dead, and unable to testify as to what was going on,” says PDAA executive director Richard Long. 

Now, if you sell – or otherwise provide – illegal drugs to a person who dies a result, you would face a first degree felony.  The maximum penalty is 40 years behind bars.  “Obviously we think that is more in line with the gravity of the crime that has been committed,” Long tells us.  The new law takes effect in 60 days. 

Bath Salts

A Statewide Ban on "Bath Salts" was Signed Last Month

Combined with the new ban on bath salts and other synthetic drugs, Corbett’s signature on HB 396 makes it the second of the PDAA’s priorities to be enacted in the past few weeks.  They hope lawmakers will vote to close several Megan’s Law loopholes in the fall.

Among the several dozen other new laws signed this week is SB 101, which will increase the penalties for public officials who violate the open meeting requirements of the Sunshine Act.  SB 260 will bring Pennsylvania in line with Centers for Disease Control recommendations that call for HIV testing to be a part of routine medical care (though you can still opt out). 

Finally, another ‘blue law’ bites the dust.  Thanks to SB 419, you’ll soon be able to buy a motorcycle on Sunday.

Capitol View from East Wing

Bath Salts Ban Heads to Governor’s Desk

/in /by

Bath salts are dangerous – even deadly – yet legal.  The bath salts that state lawmakers are targeting aren’t what you bought mom for her birthday.  These are synthetic stimulants created to mimic the effects of cocaine and methamphetamine.  “They have a lot of psychotic effects and hallucinations and things like that,” says State Senator Elder Vogel (R-Beaver/Lawrence), the prime sponsor of SB 1006.  “We have enough drug problems now… let alone to have these fake drugs come along and be easier to buy.” 

The legislation cleared its final legislative hurdle Wednesday, earning unanimous support in the State Senate.  The House had earlier amended the bill to allow law enforcement to keep up with any future compounds the manufacturers may use.  “I think it will become one of the most forward thinking and progressive pieces of legislation regarding these synthetic substances in the nation,” State Rep. RoseMarie Swanger (R-Lebanon) said on the House floor.  Like the Senate vote, final House passage was unanimous earlier this week. 

The banning of bath salts was one of the top legislative priorities of the Pennsylvania District Attorneys Association.  “They have a stimulant in them that causes this violent, paranoid behavior, and it’s really dangerous for the individuals using them, as well as for the community,” PDAA president Ed Marsico tells us.  In addition to bath salts, Vogel’s bill would prohibit synthetic marijuana and salvia divinorum.  

Synthetic drugs are currently sold in hemp shops, smoke shops and even convenience stores.  Numerous counties have taken matters into their own hands and sought injunctions to ban the sale of bath salts.  Lawmakers call them a statewide epidemic.  The bill’s next stop is Governor Tom Corbett’s desk.