HOUSE AMENDED
PRIOR PRINTER'S NOS. 867, 931, 1415 PRINTER'S NO. 1482
No. 798 Session of 1999
INTRODUCED BY EARLL, CORMAN, HELFRICK, BRIGHTBILL, TOMLINSON,
COSTA, ROBBINS, LEMMOND, GERLACH AND BELL, APRIL 12, 1999
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
NOVEMBER 9, 1999
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 schedules of controlled substances; and providing for
12 penalties.
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 Section 1. Section 4(3) 4(1) AND (3) of the act of April 14, <--
16 1972 (P.L.233, No.64), known as The Controlled Substance, Drug,
17 Device and Cosmetic Act, amended November 26, 1978 (P.L.1392,
18 No.328), DECEMBER 22, 1989 (P.L.700, NO.91) and December 18, <--
19 1996 (P.L.1096, No.163), is ARE amended to read: <--
20 Section 4. Schedules of Controlled Substances.--The
21 following schedules include the controlled substances listed or
1 to be listed by whatever official name, common or usual name,
2 chemical name, or trade name designated.
3 (1) SCHEDULE I--IN DETERMINING THAT A SUBSTANCE COMES WITHIN <--
4 THIS SCHEDULE, THE SECRETARY SHALL FIND: A HIGH POTENTIAL FOR
5 ABUSE, NO CURRENTLY ACCEPTED MEDICAL USE IN THE UNITED STATES,
6 AND A LACK OF ACCEPTED SAFETY FOR USE UNDER MEDICAL SUPERVISION.
7 THE FOLLOWING CONTROLLED SUBSTANCES ARE INCLUDED IN THIS
8 SCHEDULE:
9 (I) ANY OF THE FOLLOWING OPIATES, INCLUDING THEIR ISOMERS,
10 ESTERS, ETHERS, SALTS, AND SALTS OF ISOMERS, ESTERS, AND ETHERS,
11 UNLESS SPECIFICALLY EXCEPTED, WHENEVER THE EXISTENCE OF SUCH
12 ISOMERS, ESTERS, ETHERS AND SALTS IS POSSIBLE WITHIN THE
13 SPECIFIC CHEMICAL DESIGNATION:
14 1. ACETYLMETHADOL.
15 2. ALLYLPRODINE.
16 3. ALPHACETYLMETHADOL.
17 4. ALPHAMEPRODINE.
18 5. ALPHAMETHADOL.
19 6. BENZETHIDINE.
20 7. BETACETYLMETHADOL.
21 8. BETAMEPRODINE.
22 9. BETAMETHADOL.
23 10. BETAPRODINE.
24 11. CLONITAZENE.
25 12. DEXTROMORAMIDE.
26 13. DEXTRORPHAN (EXCEPT ITS METHYLETHER).
27 14. DIAMPROMIDE.
28 15. DIETHYLTHIAMBUTENE.
29 16. DIMENOXADOL.
30 17. DIMEPHEPTANOL.
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1 18. DIMETHYLTHIAMBUTENE.
2 19. DIOXAPHETYL BUTYRATE.
3 20. DIPIPANONE.
4 21. ETHYLMETHYLTHIAMBUTENE.
5 22. ETONITAZENE.
6 23. ETOXERIDINE.
7 24. FURETHIDINE.
8 25. HYDROXYPETHIDINE.
9 26. KETOBEMIDONE.
10 27. LEVOMORAMIDE.
11 28. LEVOPHENACYLMORPHAN.
12 29. MORPHERIDINE.
13 30. NORACYMETHADOL.
14 31. NORLEVORPHANOL.
15 32. NORMETHADONE.
16 33. NORPIPANONE.
17 34. PHENADOXONE.
18 35. PHENAMPROMIDE.
19 36. PHENOMORPHAN.
20 37. PHENOPERIDINE.
21 38. PIRITRAMIDE.
22 39. PROHEPTAZINE.
23 40. PROPERIDINE.
24 41. RACEMORAMIDE.
25 42. TRIMEPERIDINE.
26 (II) ANY OF THE FOLLOWING OPIUM DERIVATIVES, THEIR SALTS,
27 ISOMERS AND SALTS OF ISOMERS, UNLESS SPECIFICALLY EXCEPTED,
28 WHENEVER THE EXISTENCE OF SUCH SALTS, ISOMERS AND SALTS OF
29 ISOMERS IS POSSIBLE WITHIN THE SPECIFIC CHEMICAL DESIGNATION:
30 1. ACETORPHINE.
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1 2. ACETYLDIHYDROCODEINE.
2 3. BENZYLMORPHINE.
3 4. CODEINE METHYLBROMIDE.
4 5. CODEINE-N-OXIDE.
5 6. CYPRENORPHINE.
6 7. DESOMORPHINE.
7 8. DIHYDROMORPHINE.
8 9. ETORPHINE.
9 10. HEROIN.
10 11. HYDROMORPHINOL.
11 12. METHYLDESORPHINE.
12 13. METHYLHYDROMORPHINE.
13 14. MORPHINE METHYLBROMIDE.
14 15. MORPHINE METHYLSULFONATE.
15 16. MORPHINE-N-OXIDE.
16 17. MYROPHINE.
17 18. NICOCODEINE.
18 19. NICOMORPHINE.
19 20. NORMORPHINE.
20 21. PHOLCODINE.
21 22. THEBACON.
22 (III) ANY MATERIAL, COMPOUND, MIXTURE, OR PREPARATION WHICH
23 CONTAINS ANY QUANTITY OF THE FOLLOWING HALLUCINOGENIC
24 SUBSTANCES, THEIR SALTS, ISOMERS, AND SALTS OF ISOMERS, UNLESS
25 SPECIFICALLY EXCEPTED, WHENEVER THE EXISTENCE OF SUCH SALTS,
26 ISOMERS, AND SALTS OF ISOMERS IS POSSIBLE WITHIN THE SPECIFIC
27 CHEMICAL DESIGNATION:
28 1. 3,4-METHYLENEDIOXY AMPHETAMINE.
29 2. 5-METHOXY-3,4-METHYLENEDIOXY AMPHETAMINE.
30 3. 3,4,5-TRIMETHOXY AMPHETAMINE.
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1 4. BUFOTENINE.
2 5. DIETHYLTRYPTAMINE.
3 6. DIMETHYLTRYPTAMINE.
4 7. 4-METHYL-2,5-DIMETHOXYAMPHETAMINE.
5 8. IBOGAINE.
6 9. LYSERGIC ACID DIETHYLAMIDE.
7 10. MESCALINE.
8 11. PEYOTE.
9 12. N-ETHYL-3-PIPERIDYL BENZILATE.
10 13. N-METHYL-3-PIPERIDYL BENZILATE.
11 14. PSILOCYBIN.
12 15. PSILOCYN.
13 16. TETRAHYDROCANNABINOLS.
14 (IV) MARIHUANA.
15 (V) ANY MATERIAL, COMPOUND, MIXTURE OR PREPARATION WHICH
16 CONTAINS ANY QUANTITY OF THE FOLLOWING SUBSTANCES, INCLUDING THE
17 SALTS, ISOMERS AND SALTS OF ISOMERS:
18 1. METHAQUALONE.
19 (VI) GAMMA HYDROXYBUTYRIC ACID, ANY SALT, HYDROXYBUTYRIC
20 COMPOUND, DERIVATIVE OR PREPARATION OF GAMMA HYDROXYBUTYRIC
21 ACID, INCLUDING ANY ISOMERS, ESTERS AND ETHERS AND SALTS OF
22 ISOMERS, ESTERS AND ETHERS OF GAMMA HYDROXYBUTYRIC ACID, EXCEPT
23 GAMMA-BUTYROLACTONE (GBL), WHENEVER THE EXISTENCE OF SUCH
24 ISOMERS, ESTERS AND SALTS IS POSSIBLE WITHIN THE SPECIFIC
25 CHEMICAL DESIGNATION. FOR PURPOSES OF SECURITY REQUIREMENTS
26 IMPOSED BY LAW OR REGULATION UPON REGISTERED DISTRIBUTORS AND
27 REGISTERED MANUFACTURERS, THIS SUBSTANCE WHEN MANUFACTURED,
28 DISTRIBUTED OR POSSESSED IN ACCORDANCE WITH AN EXEMPTION
29 APPROVED UNDER SECTION 505(I) OF THE FEDERAL FOOD, DRUG, AND
30 COSMETIC ACT (52 STAT. 1040, 21 U.S.C. § 301 ET SEQ.) SHALL,
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1 NOTWITHSTANDING ANY OTHER PROVISION OF THIS ACT, BE CLASSIFIED
2 AS A CONTROLLED SUBSTANCE IN SCHEDULE III OF THIS SECTION.
3 * * *
4 (3) Schedule III--In determining that a substance comes
5 within this schedule, the secretary shall find: a potential for
6 abuse less than the substances listed in Schedules I and II;
7 well documented and currently accepted medical use in the United
8 States; and abuse may lead to moderate or low physical
9 dependence or high psychological dependence. The following
10 classes of controlled substances are included in this schedule:
11 (i) Any material, compound, mixture, or preparation unless
12 specifically excepted or unless listed in another schedule which
13 contains any quantity of the following substances:
14 1. Any substance which contains any quantity of a derivative
15 of barbituric acid, or any salt of a derivative of
16 barbituric acid.
17 2. Chorhexadol.
18 3. Glutethimide.
19 4. Lysergic acid.
20 5. Lysergic acid amide.
21 6. Methyprylon.
22 8. Sulfondiethylmethane.
23 9. Sulfonethylmethane.
24 10. Sulfonmethane.
25 (ii) Nalorphine.
26 (iii) Any material, compound, mixture, or preparation
27 containing limited quantities of the following narcotic drugs,
28 or any salts thereof, unless specifically excepted or listed in
29 other schedules:
30 1. Not more than 1.8 grams of codeine per 100 milliliters or
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1 not more than 90 milligrams per dosage unit, with an equal or
2 greater quantity of an isoquinoline alkaloid of opium.
3 2. Not more than 1.8 grams of codeine per 100 milliliters or
4 not more than 90 milligrams per dosage unit, with one or more
5 active, nonnarcotic ingredients in recognized therapeutic
6 amounts.
7 3. Not more than 300 milligrams of dihydrocodeinone per 100
8 milliliters or not more than 15 milligrams per dosage unit, with
9 a fourfold or greater quantity of an isoquinoline alkaloid of
10 opium.
11 4. Not more than 300 milligrams of dihydrocodeinone per 100
12 milliliters or not more than 15 milligrams per dosage unit, with
13 one or more active, nonnarcotic ingredients in recognized
14 therapeutic amounts.
15 5. Not more than 1.8 grams of dihydrocodeine per 100
16 milliliters or not more than 90 milligrams per dosage unit, with
17 one or more active, nonnarcotic ingredients in recognized
18 therapeutic amounts.
19 6. Not more than 300 milligrams of ethylmorphine per 100
20 milliliters or not more than 15 milligrams per dosage unit, with
21 one or more active, nonnarcotic ingredients in recognized
22 therapeutic amounts.
23 7. Not more than 500 milligrams of opium per 100 milliliters
24 or per 100 grams, or not more than 25 milligrams per dosage
25 unit, with one or more active, nonnarcotic ingredients in
26 recognized therapeutic amounts.
27 8. Not more than 50 milligrams of morphine per 100
28 milliliters or per 100 grams and not more than 2.5 milligrams
29 per dosage unit with one or more active, nonnarcotic ingredients
30 in recognized therapeutic amounts.
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1 (v) The secretary may by regulation except any compound,
2 mixture, or preparation containing any drug or controlled
3 substance listed in subclauses (i) and (ii) of this schedule
4 above from the application of those provisions of this act
5 covering controlled substances, if the compound, mixture, or
6 preparation contains one or more active medicinal ingredients
7 not having a stimulant or depressant effect on the central
8 nervous system: Provided, That such admixtures shall be included
9 therein in such combinations, quantity, proportion, or
10 concentration as to vitiate the potential for abuse of the
11 substances which do have a stimulant or depressant effect on the
12 central nervous system.
13 (vi) The secretary shall by regulation exempt any
14 nonnarcotic substance from the control under this act if such
15 substance may, under the provisions of the Federal Food, Drug,
16 and Cosmetic Act (21 U.S.C. 301 et seq.), be lawfully sold over
17 the counter without a prescription.
18 (vii) Anabolic steroid includes any material, compound,
19 mixture or preparation that includes any of the following or any
20 isomer, ester, salt or derivative of any of the following that
21 acts in the same manner on the human body:
22 1. Chorionic gonadotropin.
23 2. Clostebol.
24 3. Dehydrochlormethyltestosterone.
25 4. Ethylestrenol.
26 5. Fluoxymesterone.
27 6. Mesterolone.
28 7. Metenolone.
29 8. Methandienone.
30 9. Methandrostenolone.
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1 10. Methyltestosterone.
2 11. Nandrolone decanoate.
3 12. Nandrolone phenpropionate.
4 13. Norethandrolone.
5 14. Oxandrolone.
6 15. Oxymesterone.
7 16. Oxymetholone.
8 17. Stanozolol.
9 18. Testosterone propionate.
10 19. Testosterone-like related compounds.
11 Human Growth Hormone (HGH) shall not be included as an anabolic
12 steroid under the provisions of this act. An anabolic steroid
13 which is a combination of estrogen and anabolic steroid and
14 which is expressly intended for administration to hormone-
15 deficient women shall be exempt from the provisions of this act.
16 A person who prescribes, dispenses or distributes an anabolic
17 steroid which is a combination of estrogen and anabolic steroids
18 and which is intended for administration to hormone-deficient
19 women for use by persons who are not hormone-deficient women
20 shall be considered to have prescribed, dispensed or distributed
21 an anabolic steroid within the meaning of this subclause.
22 (viii) Gamma hydroxybutyric acid, any salt, hydroxybutyric
23 compound, derivative or preparation of gamma hydroxybutyric
24 acid, including any isomers, esters and ethers and salts of
25 isomers, esters and ethers of gamma hydroxybutyric acid, EXCEPT <--
26 GAMMA-BUTYROLACTONE (GBL), whenever the existence of such <--
27 isomers, esters and salts is possible within the specific
28 chemical designation. CONTAINED IN A DRUG PRODUCT FOR WHICH AN <--
29 APPLICATION HAS BEEN APPROVED UNDER SECTION 505 OF THE FEDERAL
30 FOOD, DRUG, AND COSMETIC ACT.
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1 * * *
2 Section 2. Section 13(f) of the act is amended by adding a <--
3 clause to read:
4 Section 13. Prohibited Acts; Penalties.--* * *
5 (f) Any person who violates clause (12), (14) or (30) of
6 subsection (a) with respect to:
7 * * *
8 (2.1) Any person who violates section 4(3)(viii) is guilty
9 of a felony and upon conviction thereof shall be sentenced to
10 imprisonment not exceeding fifteen years, or to pay a fine not
11 exceeding two hundred fifty thousand dollars ($250,000), or
12 both.
13 * * *
14 SECTION 2. SECTION 13(A)(34) OF THE ACT, AMENDED DECEMBER <--
15 14, 1984 (P.L.988, NO.200), IS AMENDED AND THE SECTION IS
16 AMENDED BY ADDING A SUBSECTION TO READ:
17 SECTION 13. PROHIBITED ACTS; PENALTIES.--* * *
18 (34) THE PLACING IN ANY NEWSPAPER, MAGAZINE, HANDBILL OR
19 OTHER PUBLICATION OR BY WRITTEN OR ELECTRONIC MEANS, INCLUDING
20 ELECTRONIC MAIL, INTERNET, FACSIMILE AND SIMILAR TRANSMISSION,
21 ANY ADVERTISEMENT, KNOWING, OR UNDER CIRCUMSTANCES WHERE ONE
22 REASONABLY SHOULD KNOW, THAT THE PURPOSE OF THE ADVERTISEMENT,
23 IN WHOLE OR IN PART IS TO PROMOTE THE SALE OF OBJECTS DESIGNED
24 OR INTENDED FOR USE AS DRUG PARAPHERNALIA.
25 * * *
26 (N) ANY PERSON WHO VIOLATES SUBSECTION (A)(12), (14), (16),
27 (30) OR (34) WITH RESPECT TO GAMMA HYDROXYBUTYRIC ACID, ANY
28 SALT, COMPOUND DERIVATIVE OR PREPARATION OF GAMMA HYDROXYBUTYRIC
29 ACID, INCLUDING ANY ISOMERS, ESTERS AND ETHERS AND SALTS OF
30 ISOMERS, OR ESTERS AND ETHERS OF GAMMA HYDROXYBUTYRIC ACID,
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1 EXCEPT GAMMA-BUTYROLACTONE (GBL), WHENEVER THE EXISTENCE OF SUCH
2 ISOMERS, ESTERS, ETHERS OR SALTS IS POSSIBLE WITHIN THE SPECIFIC
3 CHEMICAL DESIGNATION, IS GUILTY OF A FELONY AND UPON CONVICTION
4 THEREOF SHALL BE SENTENCED TO IMPRISONMENT NOT EXCEEDING FIFTEEN
5 YEARS, OR TO PAY A FINE NOT EXCEEDING TWO HUNDRED FIFTY THOUSAND
6 DOLLARS ($250,000), OR BOTH, OR SUCH LARGER AMOUNT AS IS
7 SUFFICIENT TO EXHAUST THE ASSETS UTILIZED IN AND THE PROFITS
8 OBTAINED FROM THE ILLEGAL ACTIVITY.
9 Section 3. This act shall take effect in 60 days.
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