PRIOR PRINTER'S NO. 1046 PRINTER'S NO. 2738
No. 904 Session of 1977
INTRODUCED BY MESSRS. RHODES, BERSON, SCIRICA AND WHITE,
APRIL 19, 1977
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, MARCH 14, 1978
AN ACT
1 Amending the act of April 14, 1972 (P.L.233, No.64), entitled
2 "An act relating to the manufacture, sale and possession of
3 controlled substances, other drugs, devices and cosmetics;
4 conferring powers on the courts and the secretary and
5 Department of Health, and a newly created Pennsylvania Drug,
6 Device and Cosmetic Board; establishing schedules of
7 controlled substances; providing penalties; requiring
8 registration of persons engaged in the drug trade and for the
9 revocation or suspension of certain licenses and
10 registrations; and repealing an act," further providing for
11 CERTAIN SCHEDULES OF CONTROLLED SUBSTANCES AND a reduction in <--
12 certain penalties.
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 Section 1. Subsection (g) of section 13, act of April 14, <--
16 1972 (P.L.233, No.64), known as "The Controlled Substance, Drug,
17 Device and Cosmetic Act," is amended to read:
18 SECTION 1. CLAUSES (2), (3) AND (4) OF SECTION 4 AND <--
19 SUBSECTION (G) OF SECTION 13, ACT OF APRIL 14, 1972 (P.L.233,
20 NO.64), KNOWN AS "THE CONTROLLED SUBSTANCE, DRUG, DEVICE AND
21 COSMETIC ACT," ARE AMENDED TO READ:
22 SECTION 4. SCHEDULES OF CONTROLLED SUBSTANCES.--THE
1 FOLLOWING SCHEDULES INCLUDE THE CONTROLLED SUBSTANCES LISTED OR
2 TO BE LISTED BY WHATEVER OFFICIAL NAME, COMMON OR USUAL NAME,
3 CHEMICAL NAME, OR TRADE NAME DESIGNATED.
4 * * *
5 (2) SCHEDULE II--IN DETERMINING THAT A SUBSTANCE COMES
6 WITHIN THIS SCHEDULE, THE SECRETARY SHALL FIND: A HIGH POTENTIAL
7 FOR ABUSE, CURRENTLY ACCEPTED MEDICAL USE IN THE UNITED STATES,
8 OR CURRENTLY ACCEPTED MEDICAL USE WITH SEVERE RESTRICTIONS, AND
9 ABUSE MAY LEAD TO SEVERE PSYCHIC OR PHYSICAL DEPENDENCE. THE
10 FOLLOWING CONTROLLED SUBSTANCES ARE INCLUDED IN THIS SCHEDULE:
11 (I) ANY OF THE FOLLOWING SUBSTANCE, OF ANY QUANTITY, EXCEPT
12 THOSE NARCOTICS SPECIFICALLY EXCEPTED OR LISTED IN OTHER
13 SCHEDULES, WHETHER PRODUCED DIRECTLY OR INDIRECTLY BY EXTRACTION
14 FROM SUBSTANCES OF VEGETABLE ORIGIN, OR INDEPENDENTLY BY MEANS
15 OF CHEMICAL SYNTHESIS, OR BY COMBINATION OF EXTRACTION AND
16 CHEMICAL SYNTHESIS:
17 1. OPIUM AND OPIATE, AND ANY SALT, COMPOUND, DERIVATIVE, OR
18 PREPARATION OF OPIUM OR OPIATE.
19 2. ANY SALT, COMPOUND, DERIVATIVE, OR PREPARATION THEREOF
20 WHICH IS CHEMICALLY EQUIVALENT OR IDENTICAL WITH ANY OF THE
21 SUBSTANCES REFERRED TO IN SUBCLAUSE 1, EXCEPT THAT THESE
22 SUBSTANCES SHALL NOT INCLUDE THE ISOQUINOLINE ALKALOIDS OF
23 OPIUM.
24 3. OPIUM POPPY AND POPPY STRAW.
25 4. COCA LEAVES AND ANY SALT, COMPOUND, DERIVATIVE, OR
26 PREPARATION OF COCA LEAVES, AND ANY SALT, COMPOUND, DERIVATIVE,
27 OR PREPARATION THEREOF WHICH IS CHEMICALLY EQUIVALENT OR
28 IDENTICAL WITH ANY OF THESE SUBSTANCES, BUT SHALL NOT INCLUDE
29 DECOCAINIZED COCA LEAVES OR EXTRACTS OF COCA LEAVES, WHICH
30 EXTRACTS DO NOT CONTAIN COCAINE OR ECGONINE.
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1 (II) ANY OF THE FOLLOWING OPIATES, INCLUDING THEIR ISOMERS,
2 ESTERS, ETHERS, SALTS, AND SALTS OF ISOMERS, ESTERS AND ETHERS,
3 OF ANY QUANTITY, UNLESS SPECIFICALLY EXCEPTED OR LISTED IN
4 ANOTHER SCHEDULE, WHENEVER THE EXISTENCE OF SUCH ISOMERS,
5 ESTERS, ETHERS AND SALTS IS POSSIBLE WITHIN THE SPECIFIC
6 CHEMICAL DESIGNATION:
7 1. ALPHAPRODINE.
8 2. ANILERIDINE.
9 3. BEZITRAMIDE.
10 4. DIHYDROCODEINE.
11 5. DIPHENOXYLATE.
12 6. FENTANYL.
13 7. ISOMETHADONE.
14 8. LEVOMETHORPHAN.
15 9. LEVORPHANOL.
16 10. METAZOCINE.
17 11. METHADONE.
18 12. METHADONE-INTERMEDIATE, 4-CYANO-2-DIMETHYLAMINO-4,
19 4-DIPHENYL BUTANE.
20 13. MORAMIDE-INTERMEDIATE, 2-METHYL-3-MORPHOLINO-1,
21 1-DIPHENYL-PROPANE-CARBOXYLIC ACID.
22 14. PETHIDINE.
23 15. PETHIDINE-INTERMEDIATE-A, 4-CYANO-1-METHYL-4-
24 PHENYLPIPERIDINE.
25 16. PETHIDINE-INTERMEDIATE-B, ETHYL-4-PHENYLPIPERIDINE-4-
26 CARBOXYLATE.
27 17. PETHIDINE-INTERMEDIATE-C, 1-METHYL-4-PHENYLPIPERIDINE-4-
28 CARBOXYLIC ACID.
29 18. PHENAZOCINE.
30 19. PIMINODINE.
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1 20. RACEMETHORPHAN.
2 21. RACEMORPHAN.
3 (III) UNLESS SPECIFICALLY EXCEPTED OR UNLESS LISTED IN
4 ANOTHER SCHEDULE, ANY MATERIAL, COMPOUND, MIXTURE OR PREPARATION
5 WHICH CONTAINS ANY QUANTITY OF THE FOLLOWING SUBSTANCES[, HAVING
6 A POTENTIAL FOR ABUSE ASSOCIATED WITH THE STIMULANT EFFECT ON
7 THE CENTRAL NERVOUS SYSTEM]:
8 1. AMPHETAMINE, ITS SALTS, OPTICAL ISOMERS, AND SALTS OF ITS
9 OPTICAL ISOMERS.
10 2. PHENMETRAMINE AND ITS SALTS.
11 3. METHYLPHENIDATE.
12 4. [ANY SUBSTANCE WHICH CONTAINS ANY QUANTITY OF
13 METHAMPHETAMINE] METHAMPHETAMINE INCLUDING ITS SALTS,
14 ISOMERS AND SALTS OF ISOMERS.
15 (IV) THE PHRASE "OPIATES" AS USED IN SECTION 4 OF THIS ACT
16 AND ELSEWHERE THROUGHOUT THE ACT SHALL NOT INCLUDE THE
17 DEXTROROTATORY ISOMER OF 3-METHOXY-N-METHYLMORPHINAN AND ITS
18 SALTS, BUT DOES INCLUDE ITS RACEMIC AND LEVOROTATORY FORMS.
19 (3) SCHEDULE III--IN DETERMINING THAT A SUBSTANCE COMES
20 WITHIN THIS SCHEDULE, THE SECRETARY SHALL FIND: A POTENTIAL FOR
21 ABUSE LESS THAN THE SUBSTANCES LISTED IN SCHEDULES I AND II;
22 WELL DOCUMENTED AND CURRENTLY ACCEPTED MEDICAL USE IN THE UNITED
23 STATES; AND ABUSE MAY LEAD TO MODERATE OR LOW PHYSICAL
24 DEPENDENCE OR HIGH PSYCHOLOGICAL DEPENDENCE. THE FOLLOWING
25 CLASSES OF CONTROLLED SUBSTANCES ARE INCLUDED IN THIS SCHEDULE:
26 (I) ANY MATERIAL, COMPOUND, MIXTURE, OR PREPARATION UNLESS
27 SPECIFICALLY EXCEPTED OR UNLESS LISTED IN ANOTHER SCHEDULE WHICH
28 CONTAINS ANY QUANTITY OF THE FOLLOWING SUBSTANCES [HAVING A
29 POTENTIAL FOR ABUSE ASSOCIATED WITH A DEPRESSANT EFFECT ON THE
30 CENTRAL NERVOUS SYSTEM]:
19770H0904B2738 - 4 -
1 1. ANY SUBSTANCE WHICH CONTAINS ANY QUANTITY OF A DERIVATIVE
2 OF BARBITURIC ACID, OR ANY SALT OF A DERIVATIVE OF
3 BARBITURIC ACID.
4 2. CHORHEXADOL.
5 3. GLUTETHIMIDE.
6 4. LYSERGIC ACID.
7 5. LYSERGIC ACID AMIDE.
8 6. METHYPRYLON.
9 7. PHENCYCLIDINE.
10 8. SULFONDIETHYLMETHANE.
11 9. SULFONETHYLMETHANE.
12 10. SULFONMETHANE.
13 (II) NALORPHINE.
14 (III) ANY MATERIAL, COMPOUND, MIXTURE, OR PREPARATION
15 CONTAINING LIMITED QUANTITIES OF THE FOLLOWING NARCOTIC DRUGS,
16 OR ANY SALTS THEREOF, UNLESS SPECIFICALLY EXCEPTED OR LISTED IN
17 OTHER SCHEDULES:
18 1. NOT MORE THAN 1.8 GRAMS OF CODEINE PER 100 MILLILITERS OR
19 NOT MORE THAN 90 MILLIGRAMS PER DOSAGE UNIT, WITH AN EQUAL OR
20 GREATER QUANTITY OF AN ISOQUINOLINE ALKALOID OF OPIUM.
21 2. NOT MORE THAN 1.8 GRAMS OF CODEINE PER 100 MILLILITERS OR
22 NOT MORE THAN 90 MILLIGRAMS PER DOSAGE UNIT, WITH ONE OR MORE
23 ACTIVE, NONNARCOTIC INGREDIENTS IN RECOGNIZED THERAPEUTIC
24 AMOUNTS.
25 3. NOT MORE THAN 300 MILLIGRAMS OF DIHYDROCODEINONE PER 100
26 MILLILITERS OR NOT MORE THAN 15 MILLIGRAMS PER DOSAGE UNIT, WITH
27 A FOURFOLD OR GREATER QUANTITY OF AN ISOQUINOLINE ALKALOID OF
28 OPIUM.
29 4. NOT MORE THAN 300 MILLIGRAMS OF DIHYDROCODEINONE PER 100
30 MILLILITERS OR NOT MORE THAN 15 MILLIGRAMS PER DOSAGE UNIT, WITH
19770H0904B2738 - 5 -
1 ONE OR MORE ACTIVE, NONNARCOTIC INGREDIENTS IN RECOGNIZED
2 THERAPEUTIC AMOUNTS.
3 5. NOT MORE THAN 1.8 GRAMS OF DIHYDROCODEINE PER 100
4 MILLILITERS OR NOT MORE THAN 90 MILLIGRAMS PER DOSAGE UNIT, WITH
5 ONE OR MORE ACTIVE, NONNARCOTIC INGREDIENTS IN RECOGNIZED
6 THERAPEUTIC AMOUNTS.
7 6. NOT MORE THAN 300 MILLIGRAMS OF ETHYLMORPHINE PER 100
8 MILLILITERS OR NOT MORE THAN 15 MILLIGRAMS PER DOSAGE UNIT, WITH
9 ONE OR MORE ACTIVE, NONNARCOTIC INGREDIENTS IN RECOGNIZED
10 THERAPEUTIC AMOUNTS.
11 7. NOT MORE THAN 500 MILLIGRAMS OF OPIUM PER 100 MILLILITERS
12 OR PER 100 GRAMS, OR NOT MORE THAN 25 MILLIGRAMS PER DOSAGE
13 UNIT, WITH ONE OR MORE ACTIVE, NONNARCOTIC INGREDIENTS IN
14 RECOGNIZED THERAPEUTIC AMOUNTS.
15 8. NOT MORE THAN 50 MILLIGRAMS OF MORPHINE PER 100
16 MILLILITERS OR PER 100 GRAMS AND NOT MORE THAN 2.5 MILLIGRAMS
17 PER DOSAGE UNIT WITH ONE OR MORE ACTIVE, NONNARCOTIC INGREDIENTS
18 IN RECOGNIZED THERAPEUTIC AMOUNTS.
19 (V) THE SECRETARY MAY BY REGULATION EXCEPT ANY COMPOUND,
20 MIXTURE, OR PREPARATION CONTAINING ANY DRUG OR CONTROLLED
21 SUBSTANCE LISTED IN SUBCLAUSES (I) AND (II) OF THIS SCHEDULE
22 ABOVE FROM THE APPLICATION OF THOSE PROVISIONS OF THIS ACT
23 COVERING CONTROLLED SUBSTANCES, IF THE COMPOUND, MIXTURE, OR
24 PREPARATION CONTAINS ONE OR MORE ACTIVE MEDICINAL INGREDIENTS
25 NOT HAVING A STIMULANT OR DEPRESSANT EFFECT ON THE CENTRAL
26 NERVOUS SYSTEM: PROVIDED, THAT SUCH ADMIXTURES SHALL BE INCLUDED
27 THEREIN IN SUCH COMBINATIONS, QUANTITY, PROPORTION, OR
28 CONCENTRATION AS TO VITIATE THE POTENTIAL FOR ABUSE OF THE
29 SUBSTANCES WHICH DO HAVE A STIMULANT OR DEPRESSANT EFFECT ON THE
30 CENTRAL NERVOUS SYSTEM.
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1 (VI) THE SECRETARY SHALL BY REGULATION EXEMPT ANY
2 NONNARCOTIC SUBSTANCE FROM THE CONTROL UNDER THIS ACT IF SUCH
3 SUBSTANCE MAY, UNDER THE PROVISIONS OF THE FEDERAL FOOD, DRUG,
4 AND COSMETIC ACT (21 U.S.C. 301 ET SEQ.), BE LAWFULLY SOLD OVER
5 THE COUNTER WITHOUT A PRESCRIPTION.
6 (4) SCHEDULE IV--IN DETERMINING THAT A SUBSTANCE COMES
7 WITHIN THIS SCHEDULE, THE SECRETARY SHALL FIND: A LOW POTENTIAL
8 FOR ABUSE RELATIVE TO SUBSTANCES IN SCHEDULE III; CURRENTLY
9 ACCEPTED MEDICAL USE IN THE UNITED STATES; AND LIMITED PHYSICAL
10 AND/OR PSYCHOLOGICAL DEPENDENCE LIABILITY RELATIVE TO THE
11 SUBSTANCES LISTED IN SCHEDULE III. THE FOLLOWING CONTROLLED
12 SUBSTANCES ARE INCLUDED IN THIS SCHEDULE:
13 (I) ANY MATERIAL, COMPOUND, MIXTURE, OR PREPARATION, UNLESS
14 SPECIFICALLY EXCEPTED OR UNLESS LISTED IN ANOTHER SCHEDULE,
15 WHICH CONTAINS ANY QUANTITY OF THE FOLLOWING SUBSTANCES [HAVING
16 A POTENTIAL FOR ABUSE ASSOCIATED WITH A DEPRESSANT EFFECT ON THE
17 CENTRAL NERVOUS SYSTEM]:
18 1. BARBITAL.
19 2. CHLORAL BETAINE.
20 3. CHLORAL HYDRATE.
21 4. ETHCHLORVYNOL.
22 5. ETHINAMATE.
23 6. METHOHEXITAL.
24 7. MEPROBAMATE.
25 8. METHYLPHENOBARBITAL.
26 9. PARALDEHYDE.
27 10. PETRICHLORAL.
28 11. PHENOBARBITAL.
29 (II) THE SECRETARY MAY BY REGULATION EXCEPT ANY COMPOUND,
30 MIXTURE, OR PREPARATION CONTAINING ANY DRUG OR CONTROLLED
19770H0904B2738 - 7 -
1 DANGEROUS SUBSTANCE LISTED IN SUBCLAUSE (I) OF THIS SCHEDULE
2 ABOVE FROM THE APPLICATION OF THOSE PROVISIONS OF THIS ACT
3 COVERING CONTROLLED DRUGS, IF THE COMPOUND, MIXTURE, OR
4 PREPARATION CONTAINS ONE OR MORE ACTIVE MEDICINAL INGREDIENTS
5 NOT HAVING A STIMULANT OR DEPRESSANT EFFECT ON THE CENTRAL
6 NERVOUS SYSTEM: PROVIDED, THAT SUCH ADMIXTURES SHALL BE INCLUDED
7 THEREIN IN SUCH COMBINATIONS, QUANTITY, PROPORTION, OR
8 CONCENTRATION AS TO VITIATE THE POTENTIAL FOR ABUSE OF THE
9 SUBSTANCES WHICH DO HAVE A STIMULANT OR DEPRESSANT EFFECT ON THE
10 CENTRAL NERVOUS SYSTEM.
11 (III) THE SECRETARY SHALL BY REGULATION EXEMPT ANY
12 NONNARCOTIC SUBSTANCE FROM THE CONTROL UNDER THIS ACT IF SUCH
13 SUBSTANCE MAY, UNDER THE PROVISIONS OF THE FEDERAL FOOD, DRUG,
14 AND COSMETIC ACT (21 U.S.C. 301 ET SEQ.), BE LAWFULLY SOLD OVER
15 THE COUNTER WITHOUT A PRESCRIPTION.
16 * * *
17 Section 13. Prohibited Acts; Penalties.--* * *
18 (g) Any person who violates clause (31) of subsection (a)
19 [is guilty of a [misdemeanor] SUMMARY OFFENSE and upon <--
20 conviction thereof shall [be sentenced to imprisonment not <--
21 exceeding thirty days, or to] pay a fine not exceeding [five <--
22 hundred dollars ($500), or both] shall pay a civil fine not <--
23 exceeding fifty dollars ($50). The liability for and the
24 imposition of such civil fine shall be determined and imposed in
25 accordance with procedures established by the Pennsylvania
26 Supreme Court. THREE HUNDRED DOLLARS ($300). <--
27 * * *
28 Section 2. This act shall take effect in 60 days.
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