2010 Pennsylvania Code
Title 18 - CRIMES AND OFFENSES
Chapter 63 - Minors
6316 - Selling or furnishing certain stimulants to minors.

     § 6316.  Selling or furnishing certain stimulants to minors.
        (a)  Offense defined.--A person commits a summary offense if
     he knowingly sells or purchases with the intent to sell
     ephedrine to a person who is less than 18 years of age.
        (b)  Penalty.--A person who is convicted of violating
     subsection (a) shall be sentenced to pay a fine of not less than
     $250 nor more than $500 for the first violation and a fine of
     $500 for each subsequent violation.
        (c)  Definitions.--As used in this section, the following
     words and phrases shall have the meanings given to them in this
     subsection:
        "Ephedrine."
            (1)  Except as provided in paragraph (2), any product
        that contains any quantity of ephedrine, a salt of ephedrine,
        an optical isomer of ephedrine or a salt of an optical isomer
        of ephedrine.
            (2)  The term does not include a product containing
        ephedrine if it may lawfully be sold over the counter without
        a prescription under the Federal Food, Drug, and Cosmetic Act
        (52 Stat. 1040, 21 U.S.C. § 301 et seq.); is labeled and
        marketed in a manner consistent with the pertinent OTC
        Tentative Final or Final Monograph; is manufactured and
        distributed for legitimate medicinal use in a manner that
        reduces or eliminates the likelihood of abuse; and as
        described as follows:
                (i)  Solid oral dosage forms, including soft gelatin
            caplets, that combine active ingredients in the following
            ranges for each dosage unit:
                    (A)  Theophylline (100-130 mg), ephedrine (12.5-
                24 mg).
                    (B)  Theophylline (60-100 mg), ephedrine (12.5-24
                mg), guaifenesin (200-400 mg).
                    (C)  Ephedrine (12.5-25 mg), guaifenesin (200-400
                mg).
                    (D)  Phenobarbital (not greater than 8 mg) in
                combination with the ingredients of clause (A) or
                (B).
                (ii)  Liquid oral dosage forms that combine active
            ingredients in the following ranges for each 5 ml dose:
                    (A)  Theophylline (not greater than 45 mg),
                ephedrine (not greater than 36 mg), guaifenesin (not
                greater than 100 mg), phenobarbital (not greater than
                12 mg).
                    (B)  Phenylephephrine (not greater than 5 mg),
                ephedrine (not greater than 5 mg), chlorpheniramine
                (not greater than 2 mg), dextromethorphan (not
                greater than 10 mg), ammonium Cl (not greater than 40
                mg), ipecac fluid extract (not greater than 0.005
                ml).
                (iii)  Anorectal preparations containing less than 5%
            ephedrine.
                (iv)  Any liquid compound, mixture or preparation
            containing 0.5% or less of ephedrine.
     (May 9, 1997, P.L.142, No.8, eff. 60 days)

        1997 Amendment.  Act 8 added section 6316. See the preamble
     to Act 8 in the appendix to this title for special provisions
     relating to legislative findings and declarations.