1Amending the act of April 14, 1972 (P.L.233, No.64), entitled
2"An act relating to the manufacture, sale and possession of
3controlled substances, other drugs, devices and cosmetics;
4conferring powers on the courts and the secretary and
5Department of Health, and a newly created Pennsylvania Drug,
6Device and Cosmetic Board; establishing schedules of
7controlled substances; providing penalties; requiring
8registration of persons engaged in the drug trade and for the
9revocation or suspension of certain licenses and
10registrations; and repealing an act," further providing <-for 
11authority to control, for liquefied ammonia gas, precursors
12and chemicals and for promulgation of regulations.

13The General Assembly of the Commonwealth of Pennsylvania
14hereby enacts as follows:

<-15Section 1. Section 13.1 of the act of April 14, 1972 
16(P.L.233, No.64), known as The Controlled Substance, Drug, 
17Device and Cosmetic Act, amended April 29, 2010 (P.L.182, 
18No.21), is amended to read:

19Section 13.1. Liquefied Ammonia Gas; Precursors and
20Chemicals.--(a) The following acts are prohibited:

21(1) Possessing or transporting liquefied ammonia gas:

1(i) for any purpose other than legitimate agricultural or
2industrial use; or

3(ii) in a container not approved by the Department of
4Agriculture or the Department of Transportation or both.

5(2) Possessing or transporting liquefied ammonia gas with
6intent to unlawfully manufacture a controlled substance.

7(3) Possessing [red phosphorous, hypophosphoric acid,
8ammonium sulfate, phosphorous, iodine, hydriodic acid,
9ephedrine, pseudoephedrine, lithium, sodium, potassium,
10sassafras oil, safrole oil or other oil containing safrole or
11equivalent, whether in powder or liquid form,]
12phenylpropanolamine, phenyl acetone, methylamine, ammonium
13sulfate, ammonium nitrate or phenyl acetic acid or a precursor
14substance with intent to unlawfully manufacture a controlled
15substance.

16(4) Possessing the esters, salts, optical isomers or salts
17of optical isomers of any of the substances under clause (3)
18with intent to manufacture a controlled substance.

19(b) A person who violates subsection (a)(1) commits a
20misdemeanor and upon conviction shall be sentenced to
21imprisonment not exceeding five years and to pay a fine not
22exceeding ten thousand dollars ($10,000).

23(c) A person who violates subsection (a)(2) or (3) commits a
24felony and upon conviction shall be sentenced to imprisonment
25not exceeding seven years and to pay a fine not exceeding
26fifteen thousand dollars ($15,000).

<-27Section 1. Section 3(c) of the act of April 14, 1972
28(P.L.233, No.64), known as The Controlled Substance, Drug,
29Device and Cosmetic Act, is amended and the section is amended
30by adding subsections to read:

1Section 3. Authority to Control.--

2* * *

3(c) [The secretary shall not remove any substance from
4control under this act unless specifically authorized by the
5General Assembly to do so. The secretary shall not reschedule
6any controlled substance unless specifically authorized by the
7board to do so.] Notwithstanding subsection (a), if the 
8secretary finds that the health and safety of the public will 
9not be adversely affected, the secretary may:

10(1) Reschedule any controlled substance to coincide with
11Federal law, including the Controlled Substances Act (Public Law
1291-513, 84 Stat. 1236, 21 U.S.C. § 801 et seq.), regulations
13promulgated under 21 CFR Ch. 2 (relating to drug enforcement
14administration, department of justice) or any Federal judicial
15order. The secretary shall publish a notice in the Pennsylvania
16Bulletin of the rescheduling of a controlled substance under
17this clause. The rescheduling of the controlled substance to a
18higher schedule may not take effect earlier than thirty days
19after publication of the notice in the Pennsylvania Bulletin.
20The rescheduling of a controlled substance to a lower schedule
21may take effect upon publication in the Pennsylvania Bulletin.

22(2) Exclude any substance or remove any controlled substance
23from any schedule, provided that the substance or controlled
24substance has been approved for over-the-counter use without a
25prescription under Federal law, including the Federal Food, Drug
26and Cosmetic Act (52 Stat. 1040, 21 U.S.C. § 301, et seq.),
27regulations promulgated under 21 CFR Ch. 1 (relating to food and
28drug administration, department of health and human services) or
29any Federal judicial order.

30(d) If the secretary finds that the scheduling of a

1substance on a temporary basis is necessary to avoid an imminent
2hazard to public safety, the secretary may, by publishing a
3final notice in the Pennsylvania Bulletin and without regard to
4the requirements of subsection (a), schedule a substance under
5one of the schedules in section 4 if the substance is not listed
6in any other schedule in section 4 or 28 Pa. Code §§ 25.72
7(relating to schedules of controlled substances) and 25.75
8(relating to paregoric) and if no exception or approval is in
9effect for the substance under section 505 of the Federal Food,
10Drug and Cosmetic Act (52 Stat. 1040, 21 U.S.C. § 355). The
11following apply:

12(1) A final order may not be issued fourteen days after
13both:

14(i) The date of publication in the Pennsylvania Bulletin of
15a proposed notice of the intention to issue a final notice and
16the grounds upon which the order is to be issued.

17(ii) The date the secretary transmitted the notice to the
18Attorney General as required by clause (4).

19(2) The scheduling of a substance under this subsection
20shall expire at the end of one year from the date of publication
21of the final notice scheduling of the substance except that the
22secretary may, during the pendency of proceedings under
23subsection (a) with respect to the substance, extend the
24temporary scheduling for up to one additional year by publishing
25a subsequent notice in the Pennsylvania Bulletin prior to the
26expiration of the initial notice.

27(3) When issuing a proposed notice under clause (1), the
28secretary shall be required to consider, with respect to the
29finding of an imminent hazard to public safety, only those
30factors set forth in subsection (a)(4), (5), (6) and (8), except

1that, if clause (8) has been met regarding the temporary or
2permanent scheduling of a specific substance under Federal law,
3the secretary shall be authorized to temporarily schedule the
4substance without regard to clauses (4), (5) and (6).

5(4) The secretary shall transmit the proposed notice issued
6under clause (1) to the Attorney General. The Attorney General
7shall have thirty days from receipt of the proposed notice to
8provide written comments, if any, on relevant issues, including
9actual abuse, diversion from legitimate channels and clandestine
10importation, manufacture or distribution. In issuing a final
11notice under this subsection, the secretary shall take into
12consideration any comments submitted by the Attorney General.

13(5) (i) Except as provided in subclause (ii), during the
14time period that a substance is temporarily scheduled, the
15secretary shall proceed with the permanent scheduling of the
16substance pursuant to the requirements under subsection (a).

17(ii) If a substance has been temporarily scheduled and the
18secretary proceeds with permanent scheduling, the secretary
19shall only be required to proceed under section 5(a) of the act
20of June 25, 1982 (P.L.633, No.181), known as the "Regulatory
21Review Act," by submitting final omitted regulations.

22(iii) A final notice issued under clause (1) with respect to
23a substance shall be vacated upon the conclusion of a subsequent
24rulemaking proceeding initiated under subsection (a) with
25respect to the substance or the enactment of law by the General
26Assembly permanently scheduling the substance.

27(iv) While the substance is temporarily scheduled, if the
28secretary determines that a substance should not be permanently
29scheduled, and no law has been enacted by the General Assembly
30to permanently schedule the substance, the secretary shall

1publish a notice in the Pennsylvania Bulletin with a rationale
2as to why the substance is not being permanently scheduled. Upon
3publication of the notice, the substance shall no longer be
4considered a controlled substance. Withdrawal of a temporarily
5scheduled substance under this subclause shall not affect any
6criminal proceeding or civil action initiated based on the
7temporary scheduling.

8(6) Temporary scheduling of a substance by the secretary
9under this subsection shall not be subject to section 612 of
10the act of April 9, 1929 (P.L.177, No.175), known as "The
11Administrative Code of 1929," the act of July 31, 1968 (P.L.769,
12No.240), referred to as the Commonwealth Documents Law, the act
13of October 15, 1980 (P.L.950, No.164), known as the
14"Commonwealth Attorneys Act," or the "Regulatory Review Act."

15(7) A proposed or final notice issued by the secretary under
16this subsection shall not be subject to judicial review.

17(e) As used in this section, the term "substance" shall
18include any group of substances, material, mixture, compound,
19salts, isomers, salts of isomers, analogs, homologues or
20homologous series.

21Section 2. Section 13.1 of the act, amended June 24, 2013 
22(P.L.147, No.26), is amended to read:

23Section 13.1. Liquefied Ammonia Gas; Precursors and
24Chemicals.--(a) The following acts are prohibited:

25(1) Possessing or transporting liquefied ammonia gas:

26(i) for any purpose other than legitimate agricultural or
27industrial use; or

28(ii) in a container not approved by the Department of
29Agriculture or the Department of Transportation or both.

30(2) Possessing or transporting liquefied ammonia gas with

1intent to unlawfully manufacture a controlled substance.

2(3) Possessing [red phosphorous, hypophosphoric acid,
3ammonium sulfate, phosphorous, iodine, hydriodic acid,
4ephedrine, pseudoephedrine, lithium, sodium, potassium,
5sassafras oil, safrole oil or other oil containing safrole or
6equivalent, whether in powder or liquid form,]
7phenylpropanolamine, phenyl acetone, methylamine, ammonium 
8sulfate, ammonium nitrate [or], phenyl acetic acid or a 
9precursor substance with intent to unlawfully manufacture a
10controlled substance.

11(4) Possessing the esters, salts, optical isomers or salts
12of optical isomers of any of the substances under clause (3)
13with intent to manufacture a controlled substance.

14(b) A person who violates subsection (a)(1) commits a
15misdemeanor and upon conviction shall be sentenced to
16imprisonment not exceeding five years and to pay a fine not
17exceeding ten thousand dollars ($10,000).

18(c) A person who violates subsection (a)(2), (3) or (4)
19commits a felony and upon conviction shall be sentenced to
20imprisonment not exceeding seven years and to pay a fine not
21exceeding fifteen thousand dollars ($15,000).

22(d) As used in this section, the term "precursor substance"
23means:

24(1) red phosphorous, hypophosphoric acid, ammonium sulfate,
25phosphorous, iodine, hydriodic acid or ephedrine,
26pseudoephedrine, phenylpropanolamine or any of their salts or
27optical isomers;

28(2) salts of optical isomers or lithium, sodium, potassium,
29sassafras oil or safrole oil or other oil containing safrole or
30equivalent, whether in powder or liquid form; and

1(3) any chemical in a regulation <-promulgated by the 
2secretary under section 35(b).

3Section <-2 3. Section 35 of the act is amended to read:

4Section 35. Promulgation of Regulations.--(a) The secretary
5shall have the authority to promulgate in accordance with the
6provisions of this section and of the act of July 31, 1968
7(P.L.769, No. 240), known as the "Commonwealth Documents Law"
8any regulations hereinbefore referred to in this act and such
9other regulations with the consent of the board regarding the
10possession, distribution, sale, purchase or manufacture of
11controlled substances, other drugs or devices or cosmetics as
12may be necessary to aid in the enforcement of this act.

13(b) The following apply to a regulation adding a chemical to
14the definition of "precursor substance" in section 13.1(d):

15(1) The secretary may promulgate the regulation:

16(i) as part of the administration of this act; or

17(ii) in response to a petition of an interested party.

18(2) In determining whether to add a chemical, the secretary
19shall consider all of the following:

20(i) Whether the chemical is already a controlled substance.

21(ii) The availability of the chemical for potential illegal
22diversion.

23(iii) The historical, actual or potential use of the
24chemical in the illegal production of a controlled substance,
25including the scope, duration and significance of use.

26(iv) The nature and extent of the legitimate uses of the
27chemical.

28(v) The clandestine and legitimate importation, manufacture
29or distribution of the chemical.

30(vi) Any other factors relevant to and consistent with

1public health and safety.

2(3) Promulgation of the regulation is exempt from <-section 
3612 of the act of April 9, 1929 (P.L.177, No.175), known as "The 
4Administrative Code of 1929" and the act of June 25, 1982
5(P.L.633, No.181), known as the "Regulatory Review Act."

6Section <-3 4. This act shall take effect in 60 days.