ACLU-PA Position: Opposes
SB 110 would create a new, duplicative, and dangerously broad drug delivery offense under Title 18. As a duplicative offense, it would permit prosecutors to overcharge for one alleged drug offense. In other words, a defendant could be charged with a felony PWID (possession with intent to deliver) AND with, for example, felony drug delivery under aggravated assault or a misdemeanor drug delivery under reckless endangerment. Furthermore, the new offense created by SB 110 would not be covered under the current Drug Overdose Response Immunity Act. Because this offense is so broad, it would make it more dangerous to report a potential overdose, further jeopardizing those struggling with addiction.