THE GENERAL ASSEMBLY
Title 204—JUDICIAL SYSTEM GENERAL PROVISIONS
COMMISSION ON SENTENCING
PART VIII. CRIMINAL SENTENCING
[ 204 PA. CODE CH. 303 ]
Proposed Supplement of 7th Edition Amendment 4 Sentencing Guidelines
[47 Pa.B. 6466]
[Saturday, October 21, 2017]The Pennsylvania Commission on Sentencing hereby publishes for public comment a proposed supplement to Amendment 4 of the 7th Edition Sentencing Guidelines, 204 Pa. Code §§ 303.1—303.18. The proposed supplement is set forth in Annex A.
The 7th Edition Sentencing Guidelines, which the Commission adopted on September 13, 2012, apply to all offenses committed on or after their effective date of December 28, 2012. In order to address legislative mandates to develop sentencing enhancements, the Commission adopted four amendments to the 7th Edition Sentencing Guidelines.
• Amendment 1 was adopted on June 6, 2013 and became effective September 27, 2013. Two sentencing enhancements were developed: 1) murder in third degree of a person younger than age 13 and 2) related to criminal gang with conviction of a crime of violence or 35 P.S. § 780-113(a)(30). The amendment addressed sentencing ranges based on newly enacted mandatory minimum sentences for offenders younger than age 18 convicted of murder 1 or murder 2.
• Amendment 2 of the 7th Edition Sentencing Guidelines was adopted on June 5, 2014 and became effective September 26, 2014. Two sentencing enhancements were developed related to child abuse and related to arson.
• Amendment 3 of the 7th Edition Sentencing Guidelines was adopted on June 4, 2015 and became effective September 25, 2015. A sentencing enhancement for human trafficking was developed.
On June 1, 2017, the Commission adopted Amendment 4 of the 7th Edition Sentencing Guidelines. This amendment addresses legislative mandates to develop four sentencing enhancements: 1) burglary of a home/person present and bodily injury crime is committed, attempted, or threatened; 2) persons not to possess, use, manufacture, control, sell, or transfer a firearm; 3) homicide by vehicle with conviction related to prohibiting text-based communications; and 4) aggravated assault of a vehicle with conviction relating to prohibiting text-based communications.
Amendment 4 of the 7th Edition Sentencing Guidelines was published in the Pennsylvania Bulletin on September 2, 2017 and is currently under the 90 day review period by the General Assembly. If not rejected by concurrent resolution, it will be effective December 1, 2017 and apply to all offenses committed on or after January 1, 2018.
Soon after adoption of Amendment 4, the Commission received a request from the Allegheny County District Attorney to increase the Offense Gravity Score (OGS) assignments for violations of 35 P.S. § 780-113(a)(12), (14) and (30) involving fentanyl and its derivatives and analogues.
The Sentencing Guidelines subcategorize violations of 35 P.S. § 780-113(a)(12), (14) and (30) based on the type and amount of drug involved in the offense. The 7th Edition Sentencing Guidelines § 303.3(e) states ''if any mixture or compound contains any detectable amount of a controlled substance, the entire amount of the mixture or compound shall be deemed to be composed of a controlled substance. If a mixture or compound contains a detectable amount of more than one controlled substance, the mixture or compound shall be deemed to be composed entirely of the controlled substance which has the highest Offense Gravity Score.''
Fentanyl and its derivatives and analogues are included in the current OGS assignments for ''Other narcotics of Schedule I & II,'' which are the same OGS assignments as those for heroin. The U.S. Center for Disease Control and Prevention reports pharmaceutical fentanyl, a Schedule II prescription drug, is a synthetic opioid pain reliever similar to morphine, approved for treating severe pain. Illegally made fentanyl has a heroin-like effect. It is often mixed with heroin and/or cocaine with or without the user's knowledge to increase its effects. The National Institute on Drug Abuse has stated that fentanyl is 50 to 100 times more potent than heroin.
Allegheny County has experienced a substantial increase in fentanyl-related overdose deaths in recent years; while no fentanyl-related deaths were reported in 2013, 63 deaths were reported in 2014, 126 deaths in 2015, and 412 deaths in 2016. Due to the overwhelming danger posed by fentanyl and its derivatives and analogues, the District Attorney has suggested the increases in the OGS assignments set forth in Annex A.
In accordance with 42 Pa.C.S. § 2155, the Commission shall publish in the Pennsylvania Bulletin all proposed sentencing guidelines and hold public hearings not earlier than 30 days and not later than 60 days thereafter to afford an opportunity for the following persons and organizations to testify:
(i) Pennsylvania District Attorneys Association
(ii) Chiefs of Police Associations
(iii) Fraternal Order of Police
(iv) Public Defenders Organization
(v) Law School faculty members
(vi) Pennsylvania Board of Probation and Parole
(vii) Pennsylvania Department of Corrections
(viii) Pennsylvania Bar Association
(ix) Pennsylvania Wardens Association
(x) Pennsylvania Association on Probation, Parole and Corrections
(xi) Pennsylvania Conference of State Trial Judges
(xii) Any other interested person or organization
The Commission will hold the following public hearing to receive comments on the proposed supplement to Amendment 4:
Date: Wednesday, December 6, 2017 Time: 2:00 p.m. Location: Pennsylvania Judicial Center
601 Commonwealth Avenue, Harrisburg, PAPersons or organizations wishing to testify before the Commission are asked to bring 30 copies of any written comments to the public hearing. Arrangements to testify may be made by contacting the Commission in advance of the hearing (Susan Shaffer at 717.772.3776 or sshaffer@legis.state.pa.us). Written comments from persons or organizations not wishing to testify at the public hearing should be submitted no later than Friday, December 1, 2017 to: Mark H. Bergstrom, Executive Director, Pennsylvania Commission on Sentencing, P.O. Box 1200, State College, PA 16804-1200.
The Commission will evaluate the proposed supplement to Amendment 4 of the 7th Edition Sentencing Guidelines after consideration of the testimony and written comments received. The Commission anticipates addressing the proposed supplement during its next quarterly meeting, which will be held on December 7, 2017, at the PA Judicial Center, 601 Commonwealth Avenue, Harrisburg, PA. All Commission meetings are open to the public. If adopted by the Commission, the proposed supplement will be published in the Pennsylvania Bulletin and submitted to the General Assembly for review; unless rejected by concurrent resolution, the supplement becomes effective 90 days after publication.
PRESIDENT JUDGE SHEILA A. WOODS-SKIPPER,
Chair
Commentary on Annex A This Commentary provides selected highlights of the proposed Supplement to Amendment 4 of the 7th Edition Sentencing Guidelines. The only proposed change is within § 303.15 Offense Listings, under 35 P.S. § 780-113(a)(12), (14) and (30). Sections 303.1 through 303.14 and Sections 303.16 through 303.18 remain unchanged from 7th Edition Amendment 4 Sentencing Guidelines, adopted June 1, 2017. Additionally, there are no proposed modifications to all other offenses found in 303.15 under Pa.C.S. Titles 18, 23, 30, 42 and 75.
The proposed Supplement is set forth in Annex A and reflects Amendment 4 which is currently under the 90 day review period.
Revisions to 303.1—Sentencing guideline standards
No changes.
Revisions to 303.2—Procedure for determining the guideline sentence
No changes.
Revisions to 303.3—Offense gravity score (general)
No changes.
Revisions to 303.4—Prior record score (categories)
No changes.
Revisions to 303.5—Prior record score (prior convictions)
No changes.
Revisions to 303.6—Prior record score (prior juvenile adjudications)
No changes.
Revisions to 303.7—Prior record score (guideline points scoring)
No changes.
Revisions to 303.8—Prior record score (miscellaneous)
No changes.
Revisions to 303.9—Guideline sentence recommendations (general)
No changes.
Revisions to 303.10—Guideline sentence recommendations (enhancements)
No changes.
Revisions to 303.11—Guideline sentence recommendations (sentencing levels)
No changes.
Revisions to 303.12—Guideline sentence recommendations (sentencing programs)
No changes.
Revisions to 303.13—Guideline sentence recommendations (aggravating and mitigating circumstances)
No changes.
Revisions to 303.14—Guideline sentence recommendations (economic sanctions)
No changes.
Revisions to 303.15—Offense listing
18 Pa.C.S.A.
No changes.
23 Pa.C.S.A.
No changes.
30 Pa.C.S.A.
No changes.
35 P.S.
§ 780-113(a)(12)*. Acquisition of controlled substance by fraud—fentanyl and its derivatives and analogues
§ 780-113(a)(14)*. Delivery by practitioner—fentanyl and its derivatives and analogues
§ 780-113(a)(30)*. Possession with intent to deliver—fentanyl and its derivatives and analogues.
42 Pa.C.S.A.
No changes.
75 Pa.C.S.A.
No changes.
Revisions to 303.16—Basic Sentencing Matrices
No changes.
Revisions to 303.17—Deadly Weapon Enhancement Matrices
No changes.
Revisions to 303.18—Youth, School, Youth and School Enhancement Matrices
No changes.
Annex A
TITLE 204. JUDICIAL SYSTEM GENERAL PROVISIONS
PART VIII. CRIMINAL SENTENCING
CHAPTER 303. SENTENCING GUIDELINES (Editor's Note: For the text of § 303.15 as amended under Amendment 4 of the 7th Edition Sentencing Guidelines, see 47 Pa.B. 5141, 5206—5215 (September 2, 2017).)
§ 303.15. Offense Listing.
* * * * *
DRUG ACT OFFENSES
35 P.S. § 780-113 DESCRIPTION STATUTORY CLASS § 303.3 OFFENSE GRAVITY SCORE § 303.7 PRIOR RECORD SCORE POINTS (a)(1) Manufacture/sale/delivery-adulterated controlled substance (1st off) M 4 m (a)(1) Manufacture/sale/delivery-adulterated controlled substance (2nd/subsq off) M 4 m (a)(2) Adulterate/misbrand-controlled substance (1st off) M 4 m (a)(2) Adulterate/misbrand-controlled substance (2nd/subsq off) M 4 m (a)(3) False/misleading advertisement (1st off) M 4 m (a)(3) False/misleading advertisement (2nd/subsq off) M 4 m (a)(4) Removal/disposal-detained substance (1st off) M 5 m (a)(4) Removal/disposal-detained substance (2nd/subsq off) M 5 m (a)(5) Adulterate/destroy label-controlled substance for sale
(1st off)M 4 m (a)(5) Adulterate/destroy label-controlled substance for sale (2nd/subsq off) M 4 m (a)(6) Forge/counterfeit w/ mark/ID symbol (1st off) M 5 m (a)(6) Forge/counterfeit w/ mark/ID symbol (2nd/subsq off) M 5 m (a)(7) Place trademark on controlled substance to defraud
(1st off)M 5 m (a)(7) Place trademark on controlled substance to defraud (2nd/subsq off) M 5 m (a)(8) Selling controlled substance w/ defrauded trademark
(1st off)M 5 m (a)(8) Selling controlled substance w/ defrauded trademark (2nd/subsq off) M 5 m (a)(9) Selling trademark equipment to defraud (1st off) M 5 m (a)(9) Selling trademark equipment to defraud (2nd/subsq off) M 5 m (a)(10) Illegal sale of nonproprietary drug (1st off) M 4 m (a)(10) Illegal sale of nonproprietary drug (2nd/subsq off) M 4 m (a)(11) Illegal pharmacy operations (1st off) M 5 m (a)(11) Illegal pharmacy operations (2nd/subsq off) M 5 m (a)(12)* Acquisition of controlled substance by fraud-heroin (>1000 g) F 13 3 (a)(12)* Acquisition of controlled substance by fraud-heroin (100-1000 g) F 11 3 (a)(12)* Acquisition of controlled substance by fraud-heroin (50-<100 g) F 10 3 (a)(12)* Acquisition of controlled substance by fraud-heroin (10-<50 g) F 8 2 (a)(12)* Acquisition of controlled substance by fraud-heroin (1-<10 g) F 7 2 (a)(12)* Acquisition of controlled substance by fraud-heroin (<1 g) F 6 2 (a)(12)* Acquisition of controlled substance by fraud-fentanyl and its derivatives and analogues (>1000 g) F 14 3 (a)(12)* Acquisition of controlled substance by fraud-fentanyl and its derivatives and analogues (100-1000 g) F 14 3 (a)(12)* Acquisition of controlled substance by fraud-fentanyl and its derivatives and analogues (50-<100 g) F 13 3 (a)(12)* Acquisition of controlled substance by fraud-fentanyl and its derivatives and analogues (10-<50 g) F 11 3 (a)(12)* Acquisition of controlled substance by fraud-fentanyl and its derivatives and analogues (1-<10 g) F 10 3 (a)(12)* Acquisition of controlled substance by fraud-fentanyl and its derivatives and analogues (<1 g) F 9 3 (a)(12)* Acquisition of controlled substance by fraud-other narcotics, Sched I & II (>1000 g) F 13 3 (a)(12)* Acquisition of controlled substance by fraud-other narcotics, Sched I & II (>1000 pills) F 13 3 (a)(12)* Acquisition of controlled substance by fraud-other narcotics, Sched I & II (100-1000 g) F 11 3 (a)(12)* Acquisition of controlled substance by fraud-other narcotics, Sched I & II (100-1000 pills) F 11 3 (a)(12)* Acquisition of controlled substance by fraud-other narcotics, Sched I & II (50-<100 g) F 10 3 (a)(12)* Acquisition of controlled substance by fraud-other narcotics, Sched I & II (50-<100 pills) F 10 2 (a)(12)* Acquisition of controlled substance by fraud-other narcotics, Sched I & II (10-<50 g) F 8 2 (a)(12)* Acquisition of controlled substance by fraud-other narcotics, Sched I & II (10-<50 pills) F 8 2 (a)(12)* Acquisition of controlled substance by fraud-other narcotics, Sched I & II (1-<10 g) F 7 2 (a)(12)* Acquisition of controlled substance by fraud-other narcotics, Sched I & II (1-<10 pills) F 7 2 (a)(12)* Acquisition of controlled substance by fraud-other narcotics, Sched I & II (<1 g) F 6 2 (a)(12)* Acquisition of controlled substance by fraud-cocaine (>1000 g) F 13 3 (a)(12)* Acquisition of controlled substance by fraud-cocaine (100-1000 g) F 11 3 (a)(12)* Acquisition of controlled substance by fraud-cocaine (50-<100 g) F 10 3 (a)(12)* Acquisition of controlled substance by fraud-cocaine (10-<50 g) F 8 3 (a)(12)* Acquisition of controlled substance by fraud-cocaine (5-<10 g) F 7 2 (a)(12)* Acquisition of controlled substance by fraud-cocaine
(2-<5 g)F 6 2 (a)(12)* Acquisition of controlled substance by fraud-cocaine
(<2 g)F 5 2 (a)(12)* Acquisition of controlled substance by fraud-methamphetamine (>1000 g) F 13 3 (a)(12)* Acquisition of controlled substance by fraud-methamphetamine (100-1000 g) F 11 3 (a)(12)* Acquisition of controlled substance by fraud-methamphetamine (50-<100 g) F 10 3 (a)(12)* Acquisition of controlled substance by fraud-methamphetamine (10-<50 g) F 8 2 (a)(12)* Acquisition of controlled substance by fraud-methamphetamine (2.5-<10 g) F 7 2 (a)(12)* Acquisition of controlled substance by fraud-methamphetamine (<2.5 g) F 6 2 (a)(12)* Acquisition of controlled substance by fraud-PCP
(>1000 g)F 13 3 (a)(12)* Acquisition of controlled substance by fraud-PCP (100-1000 g) F 11 3 (a)(12)* Acquisition of controlled substance by fraud-PCP (50-<100 g) F 10 3 (a)(12)* Acquisition of controlled substance by fraud-PCP
(10-<50 g)F 8 2 (a)(12)* Acquisition of controlled substance by fraud-PCP (2.5-<10 g) F 7 2 (a)(12)* Acquisition of controlled substance by fraud-PCP (<2.5 g) F 6 2 (a)(12)* Acquisition of controlled substance by fraud-MDMA (>1000 g) F 13 3 (a)(12)* Acquisition of controlled substance by fraud-MDMA (100-1000 g) F 11 3 (a)(12)* Acquisition of controlled substance by fraud-MDMA (50-<100 g) F 10 3 (a)(12)* Acquisition of controlled substance by fraud-MDMA (10-<50 g) F 8 2 (a)(12)* Acquisition of controlled substance by fraud-MDMA (2.5-<10 g) F 7 2 (a)(12)* Acquisition of controlled substance by fraud-MDMA
(<2.5 g)F 6 2 (a)(12)* Acquisition of controlled substance by fraud-marijuana (>1000 lbs.) F 10 3 (a)(12)* Acquisition of controlled substance by fraud-marijuana (>5000 plants) F 10 3 (a)(12)* Acquisition of controlled substance by fraud-marijuana (50-1000 lbs.) F 8 2 (a)(12)* Acquisition of controlled substance by fraud-marijuana (51-5000 plants) F 8 2 (a)(12)* Acquisition of controlled substance by fraud-marijuana (10-<50 lbs.) F 7 2 (a)(12)* Acquisition of controlled substance by fraud-marijuana (21-<51 plants) F 7 2 (a)(12)* Acquisition of controlled substance by fraud-marijuana (1-<10 lbs.) F 5 2 (a)(12)* Acquisition of controlled substance by fraud-marijuana (10-<21 plants) F 5 2 (a)(12)* Acquisition of controlled substance by fraud-marijuana (<1 lb.) F 3 2 (a)(12)* Acquisition of controlled substance by fraud-marijuana (<10 plants) F 3 2 (a)(12)* Acquisition of controlled substance by fraud-Sched I F 5 2 (a)(12)* Acquisition of controlled substance by fraud-Sched II F 5 2 (a)(12)* Acquisition of controlled substance by fraud-Sched III F 5 2 (a)(12)* Acquisition of controlled substance by fraud-Sched IV F 5 2 (a)(12)* Acquisition of controlled substance by fraud-Sched V M 3 m (a)(13) Dispense drugs to dependent person (1st off) M 4 m (a)(13) Dispense drugs to dependent person (2nd/subsq off) M 4 m (a)(14)* Delivery by practitioner-heroin (>1000 g) F 13 3 (a)(14)* Delivery by practitioner-heroin (100-1000 g) F 11 3 (a)(14)* Delivery by practitioner-heroin (50-<100 g) F 10 3 (a)(14)* Delivery by practitioner-heroin (10-<50 g) F 8 2 (a)(14)* Delivery by practitioner-heroin (1-<10 g) F 7 2 (a)(14)* Delivery by practitioner-heroin (<1 g) F 6 2 (a)(14)* Delivery by practitioner-fentanyl and its derivatives and analogues (>1000 g) F 14 3 (a)(14)* Delivery by practitioner-fentanyl and its derivatives and analogues (100-1000 g) F 14 3 (a)(14)* Delivery by practitioner-fentanyl and its derivatives and analogues (50-<100 g) F 13 3 (a)(14)* Delivery by practitioner-fentanyl and its derivatives and analogues (10-<50 g) F 11 3 (a)(14)* Delivery by practitioner-fentanyl and its derivatives and analogues (1-<10 g) F 10 3 (a)(14)* Delivery by practitioner-fentanyl and its derivatives and analogues (<1 g) F 9 3 (a)(14)* Delivery by practitioner-other narcotics Sched I & II (>1000 g) F 13 3 (a)(14)* Delivery by practitioner-other narcotics, Sched I & II (>1000 pills) F 13 3 (a)(14)* Delivery by practitioner-other narcotics, Sched I & II (100-1000 g) F 11 3 (a)(14)* Delivery by practitioner-other narcotics, Sched I & II (100-1000 pills) F 11 3 (a)(14)* Delivery by practitioner-other narcotics, Sched I & II (50-<100 g) F 10 3 (a)(14)* Delivery by practitioner-other narcotics, Sched I & II (50-<100 pills) F 10 2 (a)(14)* Delivery by practitioner-other narcotics, Sched I & II (10-<50 g) F 8 2 (a)(14)* Delivery by practitioner-other narcotics, Sched I & II (10-<50 pills) F 8 2 (a)(14)* Delivery by practitioner-other narcotics, Sched I & II (1-<10 g) F 7 2 (a)(14)* Delivery by practitioner-other narcotics, Sched I & II (1-<10 pills) F 7 2 (a)(14)* Delivery by practitioner-other narcotics, Sched I & II
(<1 g)F 6 2 (a)(14)* Delivery by practitioner-cocaine (>1000 g) F 13 3 (a)(14)* Delivery by practitioner-cocaine (100-1000 g) F 11 3 (a)(14)* Delivery by practitioner-cocaine (50-<100 g) F 10 3 (a)(14)* Delivery by practitioner-cocaine (10-<50 g) F 8 2 (a)(14)* Delivery by practitioner-cocaine (5-<10 g) F 7 2 (a)(14)* Delivery by practitioner-cocaine (2-<5 g) F 6 2 (a)(14)* Delivery by practitioner-cocaine (<2 g) F 5 2 (a)(14)* Delivery by practitioner-methamphetamine (>1000 g) F 13 3 (a)(14)* Delivery by practitioner-methamphetamine (100-1000 g) F 11 3 (a)(14)* Delivery by practitioner-methamphetamine (50-<100 g) F 10 3 (a)(14)* Delivery by practitioner-methamphetamine (10-<50 g) F 8 2 (a)(14)* Delivery by practitioner-methamphetamine (2.5-<10 g) F 7 2 (a)(14)* Delivery by practitioner-methamphetamine (<2.5 g) F 6 2 (a)(14)* Delivery by practitioner-PCP (>1000 g) F 13 3 (a)(14)* Delivery by practitioner-PCP (100-1000 g) F 11 3 (a)(14)* Delivery by practitioner-PCP (50-<100 g) F 10 3 (a)(14)* Delivery by practitioner-PCP (10-<50 g) F 8 2 (a)(14)* Delivery by practitioner-PCP (2.5-< 10 g) F 7 2 (a)(14)* Delivery by practitioner-PCP (<2.5 g) F 6 2 (a)(14)* Delivery by practitioner-MDMA (>1000 g) F 13 3 (a)(14)* Delivery by practitioner-MDMA (100-1000 g) F 11 3 (a)(14)* Delivery by practitioner-MDMA (50-<100 g) F 10 3 (a)(14)* Delivery by practitioner-MDMA (10-<50 g) F 8 2 (a)(14)* Delivery by practitioner-MDMA (2.5-< 10 g) F 7 2 (a)(14)* Delivery by practitioner-MDMA (<2.5 g) F 6 2 (a)(14)* Delivery by practitioner-marijuana (>1000 lbs.) F 10 3 (a)(14)* Delivery by practitioner-marijuana (>5000 plants) F 10 3 (a)(14)* Delivery by practitioner-marijuana (50-1000 lbs.) F 8 2 (a)(14)* Delivery by practitioner-marijuana (51-5000 plants) F 8 2 (a)(14)* Delivery by practitioner-marijuana (10-<50 lbs.) F 7 2 (a)(14)* Delivery by practitioner-marijuana (21-<51 plants) F 7 2 (a)(14)* Delivery by practitioner-marijuana (1-<10 lbs.) F 5 2 (a)(14)* Delivery by practitioner-marijuana (10-<21 plants) F 5 2 (a)(14)* Delivery by practitioner-marijuana (<1 lb.) F 3 2 (a)(14)* Delivery by practitioner-marijuana (<10 plants) F 3 2 (a)(14)* Delivery by practitioner-Sched I F 5 2 (a)(14)* Delivery by practitioner-Sched II F 5 2 (a)(14)* Delivery by practitioner-Sched III F 5 2 (a)(14)* Delivery by practitioner-Sched IV F 5 2 (a)(14)* Delivery by practitioner-Sched V M 3 m (a)(15) Illegal retail sale-controlled substance (1st off) M 4 m (a)(15) Illegal retail sale-controlled substance (2nd/subsq off) M 4 m (a)(16) Simple possession (1st off) M 3 m (a)(16) Simple possession (2nd/subsq off) M 3 m (a)(16) Simple possession-GHB (1st off) F 5 2 (a)(16) Simple possession-GHB (2nd/sub off) F 5 2 (a)(17) Dispense drugs w/o label by practitioner (1st off) M 4 m (a)(17) Dispense drugs w/o label by practitioner (2nd/subsq off) M 4 m (a)(18) Illegal sale container (1st off) M 4 m (a)(18) Illegal sale container (2nd/subsq off) M 4 m (a)(19) Intentional unauthorized purchase (1st off) M 5 m (a)(19) Intentional unauthorized purchase (2nd/subsq off) M 5 m (a)(20) Divulging trade secret (1st off) M 4 m (a)(20) Divulging trade secret (2nd/subsq off) M 4 m (a)(21) Failure to keep records (1st off) M 2 m (a)(21) Failure to keep records (2nd/subsq off) M 2 m (a)(22) Refusal of inspection (1st off) M 2 m (a)(22) Refusal of inspection (2nd/subsq off) M 2 m (a)(23) Unauthorized removal of seals M 5 m (a)(24) Failure to obtain license (1st off) M 2 m (a)(24) Failure to obtain license (2nd/subsq off) M 2 m (a)(25) Manufacture by unauthorized party M 5 m (a)(26) Distribution by registrant of Schedule I or II M 5 m (a)(27) Use of fictitious registration number M 5 m (a)(28) Furnish false application material M 5 m (a)(29) Production of counterfeit trademarks equipment M 5 m (a)(30)* Possession with intent to deliver-heroin (>1000 g) F 13 3 (a)(30)* Possession with intent to deliver-heroin (100-1000 g) F 11 3 (a)(30)* Possession with intent to deliver-heroin (50-<100 g) F 10 3 (a)(30)* Possession with intent to deliver-heroin (10-<50 g) F 8 2 (a)(30)* Possession with intent to deliver-heroin (1-<10 g) F 7 2 (a)(30)* Possession with intent to deliver-heroin (<1 g) F 6 2 (a)(30)* Possession with intent to deliver-fentanyl and its derivatives and analogues (>1000 g) F 14 3 (a)(30)* Possession with intent to deliver-fentanyl and its derivatives and analogues (100-1000 g) F 14 3 (a)(30)* Possession with intent to deliver-fentanyl and its derivatives and analogues (50-<100 g) F 13 3 (a)(30)* Possession with intent to deliver-fentanyl and its derivatives and analogues (10-<50 g) F 11 3 (a)(30)* Possession with intent to deliver-fentanyl and its derivatives and analogues (1-<10 g) F 10 3 (a)(30)* Possession with intent to deliver-fentanyl and its derivatives and analogues (<1 g) F 9 3 (a)(30)* Possession with intent to deliver-other narcotics, Sched I & II (>1000 g) F 13 3 (a)(30)* Possession with intent to deliver-other narcotics, Sched I & II (>1000 pills) F 13 3 (a)(30)* Possession with intent to deliver-other narcotics, Sched I & II (100-1000 g) F 11 3 (a)(30)* Possession with intent to deliver-other narcotics, Sched I & II (100-1000 pills) F 11 3 (a)(30)* Possession with intent to deliver-other narcotics, Sched I & II (50-<100 g) F 10 3 (a)(30)* Possession with intent to deliver-other narcotics, Sched I & II (50-<100 pills) F 10 2 (a)(30)* Possession with intent to deliver-other narcotics, Sched I & II (10-<50 g) F 8 2 (a)(30)* Possession with intent to deliver-other narcotics, Sched I & II (10-<50 pills) F 8 2 (a)(30)* Possession with intent to deliver-other narcotics, Sched I & II (1-<10 g) F 7 2 (a)(30)* Possession with intent to deliver-other narcotics, Sched I & II (1-<10 pills) F 7 2 (a)(30)* Possession with intent to deliver-other narcotics, Sched I & II (<1 g) F 6 2 (a)(30)* Possession with intent to deliver-cocaine (>1000 g) F 13 3 (a)(30)* Possession with intent to deliver-cocaine (100-1000 g) F 11 3 (a)(30)* Possession with intent to deliver-cocaine (50-<100 g) F 10 3 (a)(30)* Possession with intent to deliver-cocaine (10-<50 g) F 8 2 (a)(30)* Possession with intent to deliver-cocaine (5-<10 g) F 7 2 (a)(30)* Possession with intent to deliver-cocaine (2-<5 g) F 6 2 (a)(30)* Possession with intent to deliver-cocaine (<2 g) F 5 2 (a)(30)* Possession with intent to deliver-methamphetamine (>1000 g) F 13 3 (a)(30)* Possession with intent to deliver-methamphetamine (100-1000 g) F 11 3 (a)(30)* Possession with intent to deliver-methamphetamine (50-<100 g) F 10 3 (a)(30)* Possession with intent to deliver-methamphetamine (10-<50 g) F 8 2 (a)(30)* Possession with intent to deliver-methamphetamine (2.5-<10 g) F 7 2 (a)(30)* Possession with intent to deliver-methamphetamine (<2.5 g) F 6 2 (a)(30)* Possession with intent to deliver-PCP (>1000 g) F 13 3 (a)(30)* Possession with intent to deliver-PCP (100-<1000 g) F 11 3 (a)(30)* Possession with intent to deliver-PCP (50-<100 g) F 10 3 (a)(30)* Possession with intent to deliver-PCP (10-<50 g) F 8 2 (a)(30)* Possession with intent to deliver-PCP (2.5-<10 g) F 7 2 (a)(30)* Possession with intent to deliver-PCP (<2.5 g) F 6 2 (a)(30)* Possession with intent to deliver-MDMA (>1000 g) F 13 3 (a)(30)* Possession with intent to deliver-MDMA (100-1000 g) F 11 3 (a)(30)* Possession with intent to deliver-MDMA (50-<100 g) F 10 3 (a)(30)* Possession with intent to deliver-MDMA (10-<50 g) F 8 2 (a)(30)* Possession with intent to deliver-MDMA (2.5-<10 g) F 7 2 (a)(30)* Possession with intent to deliver-MDMA (<2.5 g) F 6 2 (a)(30)* Possession with intent to deliver-marijuana (>1000 lbs.) F 10 3 (a)(30)* Possession with intent to deliver-marijuana (>5000 plants) F 10 3 (a)(30)* Possession with intent to deliver-marijuana
(50-1000 lbs.)F 8 2 (a)(30)* Possession with intent to deliver-marijuana (51-5000 plants) F 8 2 (a)(30)* Possession with intent to deliver-marijuana (10-<50 lbs.) F 7 2 (a)(30)* Possession with intent to deliver-marijuana (21-<51 plants) F 7 2 (a)(30)* Possession with intent to deliver-marijuana (1-<10 lbs.) F 5 2 (a)(30)* Possession with intent to deliver-marijuana (10-<21 plants) F 5 2 (a)(30)* Possession with intent to deliver-marijuana (<1 lb.) F 3 2 (a)(30)* Possession with intent to deliver-marijuana (<10 plants) F 3 2 (a)(30)* Possession with intent to deliver-Sched I (>=100 g) F 7 2 (a)(30)* Possession with intent to deliver-Sched I (<100 g) F 5 2 (a)(30)* Possession with intent to deliver-Sched II F 5 2 (a)(30)* Possession with intent to deliver-Sched III F 5 2 (a)(30)* Possession with intent to deliver-Sched IV F 5 2 (a)(30)* Possession with intent to deliver-Sched V M 3 m (a)(31) Possession-small amt. of marijuana (<=30 g/<=8 g hashish) M 1 m (a)(31) Possession-small amt. of marijuana (<=30 g/<=8 g hashish): personal use M 1 m (a)(31) Possession-small amt. of marijuana (<=30 g/<=8 g hashish): intent to distribute, not sell M 1 m (a)(31) Possession-small amt. of marijuana (<=30 g/<=8 g hashish): distribution, not sale M 1 m (a)(32) Possession-drug paraphernalia M 1 m (a)(33) Possession w/ intent to deliver paraphernalia-under 18/
3 yrs or more juniorM-2 4 m (a)(33) Possession w/ intent to deliver paraphernalia-not to a minor M 3 m (a)(34) Place ad for sale of drug paraphernalia M 1 m (a)(34) Place ad for sale of drug paraphernalia-GHB F 5 2 (a)(35)(i) Illegal sale of noncontrolled substance-intent to distribute F 5 2 (a)(35)(ii) Illegal sale of noncontrolled substance-represent as controlled substance F 5 2 (a)(35)(iii) Illegal sale of noncontrolled substance-distribute for redistribution F 5 2 (a)(36) Possession w/ intent to deliver-designer drugs F 5 2 (a)(37) Possession >30 doses-anabolic steroid (1st off) M 4 m (a)(37) Possession >30 doses-anabolic steroid (2nd/subsq off) M 4 m (a)(38)(II) Unlawful manufacture-methamphetamine (BI of child <18) F-2 9 2 (a)(38)(I) Unlawful manufacture-methamphetamine (child <18 present) F-3 7 1 (a)(39) Possess ephedrine, etc. w/ intent to manuf. methamphetamine (1st off) M 2 m (a)(39) Possess ephedrine, etc. w/ intent to manuf. methamphetamine (2nd/subsq off) M 2 m (a)(40) Retail sale-product containing ephedrine, etc. (1st off) M 2 m (a)(40) Retail sale-product containing ephedrine, etc. (2nd/subsq off) M 2 m *=subcategorized offenses. See § 303.3(b)
m=other misdemeanor offense. See § 303.7(a)(5)
35 P.S. § 780-113.1 DESCRIPTION STATUTORY CLASS § 303.3 OFFENSE GRAVITY SCORE § 303.7 PRIOR RECORD SCORE POINTS (a)(1)(i) Possess liquefied ammonia-purpose other than agriculture/industrial M 3 m (a)(1)(ii) Possess liquefied ammonia-unapproved container M 3 m (a)(2) Possess liquefied ammonia-intent to manuf controlled substance F 5 2 (a)(3) Possess red phosphorous-intent to manuf controlled substance F 5 2 (a)(4) Possess esters/salts/etc. w/ intent to manuf controlled substance F 5 2
35 P.S. § 780-113.4 DESCRIPTION STATUTORY CLASS § 303.3 OFFENSE GRAVITY SCORE § 303.7 PRIOR RECORD SCORE POINTS (a)(1) Operate meth lab-create chemical reaction F-2 7 2 (a)(3) Operate meth lab-create chemical reaction (w/in 1000 ft. of school) F-1 8 3 (b)(1) Operate meth lab-stores/disposes substance used in manuf. F-3 5 1
35 P.S. DESCRIPTION STATUTORY CLASS § 303.3 OFFENSE GRAVITY SCORE § 303.7 PRIOR RECORD SCORE POINTS 6018.101—
6018.1002Solid Waste Management Act Knowingly transports, etc. hazardous waste without permit F-1 9 1 Transports, etc. hazardous waste without permit F-2 7 2 Violation of Act, DER Order, etc. M-3 1 m 691.1—
691.1001Clean Streams Law Violation of Act, DER Order, etc. M-3 1 m 4001—
4015Air Pollution Control Act Knowingly releases hazardous air pollutant F-1 9 1 Violation of Act, DER Order, etc. M-2 2 m Negligently releases hazardous air pollution M-3 1 m m=other misdemeanor offense. See § 303.7(a)(5)
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[Pa.B. Doc. No. 17-1724. Filed for public inspection October 20, 2017, 9:00 a.m.]
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