PRIOR PRINTER'S NO. 940 PRINTER'S NO. 1546
No. 851 Session of 1971
INTRODUCED BY MR. BERKES, MRS. CRAWFORD, MRS. ANDERSON, MESSRS.
GREENFIELD, SCANLON, MILLER, SAVITT, J. H. HAMILTON,
GALLAGHER, BRAIG, KNEPPER, R. W. WILT, MELTON, FEE, MRS.
KELLY, MESSRS. BELLOMINI, DeMEDIO, HASKELL, DOMBROWSKI,
BLAIR, RITTER, D. S. HAYES, O'PAKE, PIEVSKY, FINEMAN,
ENGLEHART, IRVIS, MRS. FAWCETT, MESSRS. TAYLOR, O'BRIEN,
KURY, WANSACZ, MALADY, COMER, DAGER, H. S. PARKER, STONE,
B. L. PARKER, PEZAK, SHERMAN, BARBER, J. J. JOHNSON, DOYLE,
KELLY, E. B. DAVIS, FRANK, LUTTY, HUTCHINSON, ARTHURS,
CROWLEY, RAPPAPORT, RIEGER, KOWALYSHYN, MRS. TOLL, MESSRS.
BERSON, WOJDAK, SCHMITT, ZELLER, MEHOLCHICK, MANDERINO,
HOVIS, EARLY, McMONAGLE, BENNETT, KLEPPER, DREIBELBIS,
PERRY, MORRIS, YAHNER, KLUNK, GLEASON, STEMMLER, NEEDHAM,
D. M. DAVIS, MEBUS, F. M. ALLEN, ZORD, HALVERSON, WRIGHT,
PIPER, WISE, HETRICK, PRENDERGAST, GELFAND, LAUDADIO,
BONETTO, SHELHAMER, KOLTER, R. O. DAVIS, HOPKINS, WEIDNER,
LETTERMAN, SCIRICA, MARTINO, LEDERER, COPPOLINO, SULLIVAN,
GEISLER, CAPUTO, WILLIAMS, SHUPNIK, COYNE, M. M. MULLEN,
MRS. GILLETTE, MESSRS. VANN, RUSH, FRANCIS LYNCH,
ECKENSBERGER, SCHEAFFER, USTYNOSKI, YOHN, LEHR, GALLEN,
BURKARDT, O'CONNELL, WELLS, O'DONNELL, WARGO, CESSAR,
NOVAK, McCLATCHY AND FRYER, MAY 3, 1971
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
JULY 13, 1971
AN ACT
1 Relating to the manufacture, sale and possession of drugs,
2 devices and cosmetics; conferring powers on the courts and
3 the secretary and Department of Health and a newly created
4 Pennsylvania Drug, Device and Cosmetic Board; establishing
5 schedules of controlled drugs and dangerous substances;
6 providing penalties; requiring registration of persons
7 engaged in the drug trade and for the revocation or
8 suspension of certain licenses and registrations; and
9 repealing an act.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
1 Section 1. Short Title.--This act shall be known and may be
2 cited as "The Drug, Device and Cosmetic Act of 1971."
3 Section 2. Definitions.--As used in this act:
4 (1) "Drug" means (i) articles SUBSTANCES recognized in the <--
5 official United States Pharmacopoeia, official Homeopathic
6 Pharmacopoeia of the United States, or official National
7 Formulary, or any supplement to any of them; and (ii) articles <--
8 SUBSTANCES intended for use in the diagnosis, cure, mitigation, <--
9 treatment or prevention of disease in man or other animals; and
10 (iii) articles SUBSTANCES (other than food) intended to affect <--
11 the structure or any function of the body of man or other
12 animals; and (iv) articles SUBSTANCES intended for use as a <--
13 component of any article SUBSTANCE specified in clause (i), (ii) <--
14 or (iii), but not including devices or their components, parts
15 or accessories: Provided, That the drug provisions of this act
16 shall not apply to medicated feed intended for and used
17 exclusively as food for animals other than man: And provided
18 further, That the drug provisions as provided in this act shall
19 not apply to such vitamins, minerals and chemicals when used in
20 the processing and manufacture of foods and non-alcoholic
21 beverages specifically permitted under existing State and
22 Federal statutes as food and color additives. The term shall
23 include substances controlled by the secretary under the
24 provisions of sections 3 and 4 of this act.
25 (2) "Device" means instruments, apparatus and contrivances,
26 including their components, parts and accessories, intended (i)
27 for use in the diagnosis, cure, mitigation, treatment or
28 prevention of disease of man or other animals; or (ii) to affect
29 the structure or any function of the body of man or other
30 animals.
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1 (3) "Cosmetic" means (i) articles SUBSTANCES intended to be <--
2 rubbed, poured, sprinkled or sprayed on, introduced into or
3 otherwise applied to the human body or any part thereof for
4 cleansing, beautifying, promoting attractiveness or altering the
5 appearance, and (ii) articles SUBSTANCES intended for use as a <--
6 component of any such articles SUBSTANCES, except that such term <--
7 shall not include soap.
8 (4) "ADDICT" MEANS ANY INDIVIDUAL WHO HABITUALLY USES ANY <--
9 NARCOTIC DRUG SO AS TO ENDANGER THE PUBLIC MORALS, HEALTH,
10 SAFETY OR WELFARE, OR WHO IS SO FAR ADDICTED TO THE USE OF
11 NARCOTIC DRUGS AS TO HAVE LOST THE POWER OF SELF-CONTROL WITH
12 REFERENCE TO HIS ADDICTION.
13 (4) (5) "Administer" means to transfer or deliver a <--
14 controlled drug or CONTROLLED dangerous substance by a <--
15 practitioner or his authorized agent, in his presence, to an
16 ultimate user or human research subject by injection, or for
17 inhalation or ingestion, or by any other means involving the
18 actual use of the drug.
19 (5) (6) "Advertisement" means any representation, <--
20 disseminated in any manner or by any means other than by
21 labeling, for the purpose of inducing or which is likely to
22 induce, directly or indirectly, the purchase and/or use of a
23 drug, device or cosmetic.
24 (6) (7) "Board" means the Pennsylvania Drug, Device and <--
25 Cosmetic Board.
26 (7) (8) "Color additive" means a material which is a dye, <--
27 pigment or other substance made by a process of synthesis or
28 similar artifice, or extracted, isolated or otherwise derived,
29 with or without intermediate or final change of identity, from a
30 vegetable, animal, mineral or other source, and, when added or
19710H0851B1546 - 3 -
1 applied to a drug or cosmetic or to the human body, is capable,
2 alone or through reaction with another substance, of imparting
3 color thereto, except that such term does not include any
4 material which the appropriate authority, pursuant to the
5 Federal act, determines is used or intended to be used solely
6 for a purpose or purposes other than coloring. The term "color"
7 includes black, white and intermediate grays.
8 (8) (9) "Council" means the Governor's Council on Drug, <--
9 Narcotics and Alcohol Abuse.
10 (9) (10) "Contaminated with filth" means consisting, in <--
11 whole or in part, of any decomposed, putrid or filthy substance,
12 or prepared, packed or held under any unsanitary condition or
13 exposed whereby the article or product concerned may have become
14 contaminated with filth, dirt, dust or any foreign material, or
15 in any manner rendered injurious to health.
16 (10) (11) "Contraband" means any controlled drug or <--
17 CONTROLLED dangerous substance possessed by a person not <--
18 authorized by law to possess such drug or substance, or obtained
19 or held in a manner contrary to the provisions of this act.
20 (11) (12) "Control" means to add, remove, or change the <--
21 placement of a drug, substance, or immediate precursor under the
22 provisions of sections 3 and 4 of this act.
23 (12) (13) "Controlled dangerous substance" means a drug, <--
24 substance or immediate precursor in the schedules set forth in
25 section 4.
26 (13) (14) "Controlled drug" includes: <--
27 (i) Any "narcotic drug" means any of the following, whether
28 produced directly or indirectly by extraction from substances of
29 vegetable origin, or independently by means of chemical
30 synthesis or by a combination of extraction and chemical
19710H0851B1546 - 4 -
1 synthesis: (A) opium and coca leaves, (B) any opiate having an
2 addiction-forming or addiction-sustaining capacity similar to
3 morphine, (C) any compound, manufacture, salt, derivative, or
4 preparation of opium or coca leaves or any opiate, and (D) any
5 substance, and any compound, manufacture, salt, derivative, or
6 preparation thereof, which is chemically identical with any of
7 the substances referred to in (A), (B), or (C); except that it
8 shall not include decocainized coca leaves, or extracts of coca
9 leaves which do not contain cocaine or ecgonine;
10 (ii) "Marihuana" means all parts of the plant Cannabis, <--
11 sativa L., whether growing or not; the seeds thereof; the resin
12 extracted from any part of such plant; and every compound,
13 manufacture, salt, derivative, mixture, or preparation of such
14 plant, its seeds, or resin; but shall not include the mature
15 stalks of such plant, fiber produced from such stalks, oil or
16 cake made from the seeds of such plant, any other compound,
17 manufacture, salt, derivative, mixture, or preparation of such
18 mature stalks (except the resin extracted therefrom), fiber,
19 oil, or cake, or the sterilized seeds of such plant which is
20 incapable of germination; and
21 (iii) (II) "Depressant or stimulant drug" means: (A) a drug <--
22 which contains any quantity of barbituric acid or any of the
23 salts of barbituric acid; or any derivative of barbituric acid
24 which has been designated by the United States Secretary of
25 Health, Education, and Welfare as habit forming under subsection
26 (d) of section 502 of the "Federal Food, Drug, and Cosmetic Act"
27 (52 Stat. 1050; 21 U.S.C. 352 (d)); (B) a drug which contains
28 any quantity of amphetamine or any of its optical isomers; or
29 any salt of amphetamine or any salt of any optical isomer of
30 amphetamine; or any substance which the secretary, after
19710H0851B1546 - 5 -
1 investigation, has found to be, and by regulation designated as,
2 habit forming because of its stimulant effect on the central
3 nervous system; or (C) lysergic acid diethylamide or any other
4 drug which contains any quantity of a substance which the
5 secretary, after investigation, has found to have, and by
6 regulation designates as having, a potential for abuse because
7 of its depressant or stimulant effect on the central nervous
8 system or its hallucinogenic effect; but the term "controlled
9 drug" shall not include any drug specifically exempted by a
10 regulation promulgated by the secretary as not dangerous to the
11 public health and welfare. Except as otherwise provided herein,
12 the term shall include dangerous substances controlled by the
13 secretary under sections 3 and 4 of this act.
14 (14) (15) "Controlled paraphernalia" includes: <--
15 (i) a hypodermic syringe, needle or other instrument or
16 implement or combination thereof adapted for the administration
17 of controlled DANGEROUS substances by intravenous injections or <--
18 otherwise under circumstances, including but not limited to, the
19 close proximity to other controlled paraphernalia, which
20 reasonably indicate an intention to use or possess such
21 controlled paraphernalia for purposes of unlawfully
22 administering any controlled DANGEROUS substance; <--
23 (ii) diluents, dilutants or adulterants, including but not
24 limited to, any of the following: quinine hydrochloride,
25 mannitol, mannite, lactose or dextrose, adapted for the dilution
26 of controlled DANGEROUS substances under circumstances, <--
27 including, but not limited to, the close proximity to other
28 controlled paraphernalia, which reasonably indicate an intention
29 to use or possess such controlled paraphernalia for purposes of
30 unlawfully diluting or processing any controlled DANGEROUS <--
19710H0851B1546 - 6 -
1 substance; and
2 (iii) gelatin capsules, glassine envelopes or any other
3 material suitable for the packaging of individual quantities of
4 controlled DANGEROUS substances under circumstances, including <--
5 but not limited to, the close proximity to other controlled
6 paraphernalia, which reasonably indicate an intention to use or
7 possess any such item for the unlawful manufacture, distribution
8 or dispensing of any such controlled DANGEROUS substance. <--
9 (15) (16) "Counterfeit drug" means a CONTROLLED drug or <--
10 controlled dangerous substance which, or the container or
11 labeling of which, without authorization, bears the trademark,
12 trade name, or other identifying mark, imprint, number, or
13 device, or any likeness thereof, of a manufacturer, distributor,
14 or dispenser other than the person or persons who in fact
15 manufactured, distributed, or dispensed such substance and which
16 thereby falsely purports or is represented to be the product of,
17 or to have been distributed by, such other manufacturer,
18 distributor, or dispenser.
19 (16) (17) "Dispense" means to transfer or deliver a drug or <--
20 controlled dangerous substance to an ultimate user or human
21 research subject by, or pursuant to the lawful order of, a
22 practitioner.
23 (17) (18) The term "immediate container" does not include <--
24 package liners.
25 (18) (19) "Immediate precursor" means a substance which the <--
26 board has found to be and by regulation designates as being the
27 principal compound commonly used or produced primarily for use,
28 and which is an immediate chemical intermediary used or likely
29 to be used in the manufacture of a controlled dangerous
30 substance, the control of which is necessary to prevent,
19710H0851B1546 - 7 -
1 curtail, or limit such manufacture.
2 (19) (20) "Label" means a display of written, printed or <--
3 graphic matter upon the immediate container of any article, and
4 a requirement made by or under authority of this act that any
5 word, statement or other information appearing on the label
6 shall not be considered to be complied with unless such word
7 statement or other information also appears on the outside
8 container or wrapper, if any there be, of the retail package of
9 such article or is easily legible through the outside container
10 or wrapper.
11 (20) (21) "Labeling" means all labels and other written, <--
12 printed, or graphic matter (i) upon an article or any of its
13 containers or wrappers, or (ii) accompanying such article.
14 (21) (22) "Manufacture" means the production, preparation, <--
15 propagation, compounding, or processing of a drug or controlled
16 dangerous substance, either directly or indirectly by extraction
17 from substances of natural origin, or independently by means of
18 chemical synthesis or by a combination of extraction and
19 chemical synthesis. "Manufacturer" also includes any person who
20 packages, repackages, or labels any container of any drug or
21 controlled dangerous substance, except practitioners who
22 dispense or compound prescription order for delivery to the
23 ultimate consumer.
24 (23) "MARIHUANA" MEANS ALL PARTS OF THE PLANT CANNABIS, <--
25 SATIVA L., WHETHER GROWING OR NOT; THE SEEDS THEREOF; THE RESIN
26 EXTRACTED FROM ANY PART OF SUCH PLANT; AND EVERY COMPOUND,
27 MANUFACTURE, SALT, DERIVATIVE, MIXTURE, OR PREPARATION OF SUCH
28 PLANT, ITS SEEDS, OR RESIN; BUT SHALL NOT INCLUDE THE MATURE
29 STALKS OF SUCH PLANT, FIBER PRODUCED FROM SUCH STALKS, OIL OR
30 CAKE MADE FROM THE SEEDS OF SUCH PLANT, ANY OTHER COMPOUND,
19710H0851B1546 - 8 -
1 MANUFACTURE, SALT, DERIVATIVE, MIXTURE, OR PREPARATION OF SUCH
2 MATURE STALKS (EXCEPT THE RESIN EXTRACTED THEREFROM), FIBER,
3 OIL, OR CAKE, OR THE STERILIZED SEEDS OF SUCH PLANT WHICH IS
4 INCAPABLE OF GERMINATION; AND
5 (22) (24) "New drug" means (i) any drug the composition of <--
6 which is such that such drug is not generally recognized among
7 experts qualified by scientific training and experience to
8 evaluate the safety and effectiveness of drugs as safe and
9 effective for use under the conditions prescribed, recommended
10 or suggested in the labeling thereof; or (ii) any drug the
11 composition of which is such that such drug, as a result of
12 investigations to determine its safety and effectiveness for use
13 under such conditions, has become so recognized, but which has
14 not, otherwise than in such investigations, been used to a
15 material extent or for a material time under such conditions.
16 (23) (25) "Nonproprietary drug" means any drug containing <--
17 any quantity of any narcotic drug, OR CONTROLLED DANGEROUS DRUG <--
18 OR a drug containing biologicals or substances of glandular
19 origin (except intestinal enzymes and all liver products), drugs
20 which are administered hypodermically, intramuscularly or
21 intravenously, but not any such drugs which are prepackaged with
22 complete dosage instructions in the labeling limiting their use
23 to the care or treatment of poultry and livestock.
24 (24) (26) "Official compendium" means the official United <--
25 States Pharmacopoeia, official Homeopathic Pharmacopoeia of the
26 United States, official National Formulary or any supplement to
27 any of them.
28 (25) (27) "Opiate" means any substance having an addiction- <--
29 forming or addiction-sustaining liability similar to morphine or
30 being capable of conversion into a drug having such addiction-
19710H0851B1546 - 9 -
1 forming or addiction-sustaining liability.
2 (26) (28) "Opium poppy" means the plant of the species <--
3 Papaver somniferum L., except the seeds thereof.
4 (27) (29) "Person" means any individual, partnership, <--
5 corporation, association, trust, or other institution or entity.
6 (28) (30) "Poppy straw" means all parts, except the seeds, <--
7 of the opium poppy, after mowing.
8 (29) (31) "Possess" means to exercise dominion or control <--
9 over a drug or controlled dangerous substance.
10 (30) (32) "Practitioner" means a physician, including an <--
11 intern and resident, dentist, veterinarian, scientific
12 investigator, pharmacist, pharmacy, hospital, clinic, or other
13 person licensed, registered, or otherwise authorized or allowed
14 by the Commonwealth of Pennsylvania to distribute, dispense,
15 conduct research with respect to or administer a drug or
16 controlled dangerous substance in the course of professional
17 practice or research.
18 (31) (33) "Production" includes the manufacture, planting, <--
19 cultivation, growing, or harvesting of a controlled dangerous
20 substance.
21 (32) (34) "Registrant" means any person registered under the <--
22 laws of this Commonwealth to manufacture, dispense, administer
23 or sell drugs.
24 (33) (35) "Secretary" means the Secretary of Health of the <--
25 Commonwealth of Pennsylvania.
26 (34) (36) "Ultimate user" means any person who possesses a <--
27 drug or controlled dangerous substance for his own use or for
28 the use of a member of his household or for administration to an
29 animal owned by him or by a member of his household.
30 (35) (37) "Wholesaler" means any person engaged in the <--
19710H0851B1546 - 10 -
1 activities of jobber, dealer, repackager or wholesaler, selling,
2 repackaging or otherwise distributing any drug or controlled
3 dangerous substance for resale or redistribution which he has
4 not himself prepared, produced or compounded.
5 Section 3. Authority to Control.--(a) The secretary shall
6 control all substances enumerated in section 4 of this act and
7 may, BY REGULATION, upon his own motion or on the petition of <--
8 any interested party add, delete, or reschedule a substance as a
9 controlled dangerous substance. SUCH REGULATIONS SHALL BE <--
10 ADOPTED IN ACCORDANCE WITH THE ACT OF JULY 31, 1968 (ACT NO.
11 240), KNOWN AS THE "COMMONWEALTH DOCUMENTS LAW." Before so
12 doing, the secretary shall request the advice in writing from
13 the Governor's Council on Drug, Narcotics and Alcohol Abuse <--
14 BOARD whether a substance should be added, deleted, or <--
15 rescheduled as a controlled dangerous substance. Such advice
16 shall be rendered to the secretary within a reasonable time. The
17 secretary shall consider with respect to each substance
18 hereafter controlled:
19 (1) Its actual or relative potential for abuse;
20 (2) Scientific evidence of its pharmacological effect, if
21 known;
22 (3) State of current scientific knowledge regarding the
23 substance;
24 (4) Its history and current pattern of abuse;
25 (5) The scope, duration, and significance of abuse;
26 (6) What, if any, risk there is to the public health;
27 (7) Its psychic or physiological dependence liability;
28 (8) Whether the substance is controlled under Federal law;
29 and
30 (9) Whether the substance is an immediate precursor of a
19710H0851B1546 - 11 -
1 substance already controlled under this section. After
2 considering the above factors, the secretary shall make findings
3 with respect thereto and shall issue an order controlling the
4 substance if he finds that the substance has a potential for
5 abuse.
6 (b) If the secretary designates a substance as an immediate
7 precursor, substances which are precursors of the controlled
8 precursor shall not be subject to control solely because they
9 are precursors of the controlled precursor.
10 (c) When, for the purpose of greater protection of the
11 public, at the time a new drug application is submitted to the
12 board for any drug having a stimulant, depressant, or
13 hallucinogenic effect on the central nervous system, it appears
14 that such drug has an abuse potential such information shall be
15 submitted to review by the Scientific Advisory Committee of the
16 Board prior to their advising the secretary whether or not to
17 control such drug under this act.
18 (d) The secretary shall not remove any Schedule I substance
19 of section 4 of this act to Schedules III, IV or V of such
20 section, nor shall he delete such substances from the controls
21 of this act unless specifically authorized by the General
22 Assembly to do so.
23 Section 4. Schedules of Controlled DANGEROUS Substances.-- <--
24 The following schedules include the controlled dangerous
25 substances listed or to be listed by whatever official name,
26 common or usual name, chemical name, or trade name designated.
27 (1) Schedule I--In determining that a substance comes within
28 this schedule, the secretary shall find: a high potential for
29 abuse, no currently accepted medical use in the United States,
30 and a lack of accepted safety for use under medical supervision.
19710H0851B1546 - 12 -
1 The following controlled dangerous substances are included in
2 this schedule:
3 (i) Any of the following opiates, including their isomers,
4 esters, ethers, salts, and salts of isomers, esters, and ethers,
5 unless specifically excepted, whenever the existence of such
6 isomers, esters, ethers and salts is possible within the
7 specific chemical designation:
8 1. Acetylmethadol.
9 2. Allylprodine.
10 3. Alphacteylmethadol.
11 4. Alphameprodine.
12 5. Alphamethadol.
13 6. Benzethidine.
14 7. Betacetylmethadol.
15 8. Betameprodine.
16 9. Betamethadol.
17 10. Betaprodine.
18 11. Clonitazene.
19 12. Dextromoramide.
20 13. Dextrorphan (except its methylether).
21 14. Diampromide.
22 15. Diethyliambutene.
23 16. Dimenoxadol.
24 17. Dimepheptanol.
25 18. Dimethyliambutene.
26 19. Dioxaphetyl butyrate.
27 20. Dipipanone.
28 21. Ethylmethylthiambutene.
29 22. Etonitazene.
30 23. Etoxeridine.
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1 24. Furethidine.
2 25. Hydroxypethidine.
3 26. Ketobemidone.
4 27. Levomoramide.
5 28. Levophenacylmorphan.
6 29. Morpheridine.
7 30. Noracymethadol.
8 31. Norlevorphanol.
9 32. Normethadone.
10 33. Norpipanone.
11 34. Phenadoxone.
12 35. Phenampromide.
13 36. Phenomorphan.
14 37. Phenoperidine.
15 38. Piritramide.
16 39. Proheptazine.
17 40. Properidine.
18 41. Racemoramide.
19 42. Trimeperidine.
20 (ii) Any of the following opium derivatives, their salts,
21 isomers and salts of isomers, unless specifically excepted,
22 whenever the existence of such salts, isomers and salts of
23 isomers is possible within the specific chemical designation:
24 1. Acetorphine.
25 2. Acetyldihydrocodeine.
26 3. Benzylmorphine.
27 4. Codeine Methylbromide.
28 5. Codeine-N-Oxide.
29 6. Cyprenorphine.
30 7. Desomorphine.
19710H0851B1546 - 14 -
1 8. Dihydromorphine.
2 9. Etorphine.
3 10. Heroin.
4 11. Hydromorphinol.
5 12. Methyldesorphine.
6 13. Methylhydromorphine.
7 14. Morphine methylbromide.
8 15. Morphine methylsulfonate.
9 16. Morphine-N-Oxide.
10 17. Myrophine.
11 18. Nicocodeine.
12 19. Nicomorphine.
13 20. Normorphine.
14 21. Pholcodine.
15 22. Thebacon.
16 (iii) Any material, compound, mixture, or preparation which
17 contains any quantity of the following hallucinogenic
18 substances, their salts, isomers, and salts of isomers, unless
19 specifically excepted, whenever the existence of such salts,
20 isomers, and salts of isomers is possible within the specific
21 chemical designation:
22 1. 3,4-methylenedioxy amphetamine.
23 2. 5-methoxy-3,4-methylenedioxy amphetamine.
24 3. 3,4,5-trimethoxy amphetamine.
25 4. Bufotenine.
26 5. Diethyltryptamine.
27 6. Dimethyltryptamine.
28 7. 4-methyl-2,5-dimethoxyamphetamine.
29 8. Ibogaine.
30 9. Lysergic acid diethylamide.
19710H0851B1546 - 15 -
1 10. Marihuana.
2 11. Mescaline.
3 12. Peyote.
4 13. N-ethyl-3-piperidyl benzilate.
5 14. N-methyl-3-piperidyl benzilate.
6 15. Psilocybin.
7 16. Psilocyn.
8 17. Tetrahydrocannabinois.
9 (2) Schedule II--In determining that a substance comes
10 within this schedule, the secretary shall find: a high potential
11 for abuse, currently accepted medical use in the United States,
12 or currently accepted medical use with severe restrictions, and
13 abuse may lead to severe psychic or physical dependence. The
14 following controlled dangerous substances are included in this
15 schedule:
16 (i) Any of the following substances except those narcotic
17 drugs specifically excepted or listed in other schedules,
18 whether produced directly or indirectly by extraction from
19 substances of vegetable origin, or independently by means of
20 chemical synthesis, or by combination of extraction and chemical
21 synthesis:
22 1. Opium and opiate, and any salt, compound, derivative, or
23 preparation of opium or opiate.
24 2. Any salt, compound, derivative, or preparation thereof
25 which is chemically equivalent or identical with any of the
26 substances referred to in subclause 1, except that these
27 substances shall not include the isoquinoline alkaloids of
28 opium.
29 3. Opium poppy and poppy straw.
30 4. Coca leaves and any salt, compound, derivative, or
19710H0851B1546 - 16 -
1 preparation of coca leaves, and any salt, compound, derivative,
2 or preparation thereof which is chemically equivalent or
3 identical with any of these substances, except that the
4 substances shall not include decocainized coca leaves or
5 extraction of coca leaves, which extractions do not contain
6 cocaine or ecgonine.
7 (ii) Any of the following opiates, including their isomers,
8 esters, ethers, salts, and salts of isomers, esters and ethers,
9 unless specifically excepted, whenever the existence of such
10 isomers, esters, ethers and salts is possible within the
11 specific chemical designation:
12 1. Alphaprodine.
13 2. Anileridine.
14 3. Bezitramide.
15 4. Dihydrocodeine.
16 5. Diphenoxylate.
17 6. Fentanyl.
18 7. Isomethadone.
19 8. Levomethorphan.
20 9. Levorphanol.
21 10. Metazocine.
22 11. Methadone.
23 12. Methadone-Intermediate, 4-cyano-2-dimethylamino-4,4-
24 diphenyl butane.
25 13. Moramide-Intermediate, 2-methyl-3-morpholino-1, 1-
26 diphenyl-propane-carboxylic acid.
27 14. Pethidine.
28 15. Pethidine-Intermediate-A, 4-cyano-1-methyl-4-
29 phenylpiperidine.
30 16. Pethidine-Intermediate-B, ethyl-4-phenylpiperidine-4-
19710H0851B1546 - 17 -
1 carboxylate.
2 17. Pethidine-Intermediate-C, 1-methyl-4-phenylpiperidine-4-
3 carboxylic acid.
4 18. Phenazocine.
5 19. Piminodine.
6 20. Racemethorphan.
7 21. Racemorphan.
8 (iii) Unless specifically excepted or unless listed in
9 another schedule, any injectable liquid which contains any
10 quantity of methamphetamine, including its salts, isomers, and
11 salts of isomers.
12 (iv) The phrase "opiates" as used in section 4 of this act
13 and elsewhere throughout the act shall not include the
14 dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its
15 salts, but does include its racemic and levorotatory forms.
16 (3) Schedule III--In determining that a substance comes
17 within this schedule, the secretary shall find: a potential for
18 abuse less than the substances listed in Schedules I and II;
19 well documented and currently accepted medical use in the United
20 States; and abuse may lead to moderate or low physical
21 dependence or high psychological dependence. The following
22 classes of controlled dangerous substances are included in this
23 schedule:
24 (i) Any material, compound, mixture, or preparation unless
25 specifically excepted or unless listed in another schedule which
26 contains any quantity of the following substances having a
27 potential for abuse associated with a stimulant effect on the
28 central nervous system:
29 1. Amphetamine, its salts, optical isomers, and salts of its
30 optical isomers.
19710H0851B1546 - 18 -
1 2. Phenmetrazine and its salts.
2 3. Any substance which contains any quantity of
3 methamphetamine, including its salts, isomers, and salts of
4 isomers.
5 4. Methylphenidate.
6 (ii) Any material, compound, mixture, or preparation unless
7 specifically excepted or unless listed in another schedule which
8 contains any quantity of the following substances having a
9 potential for abuse associated with a depressant effect on the
10 central nervous system:
11 1. Any substance which contains any quantity of a derivative
12 of barbituric acid, or any salt of a derivative of barbituric
13 acid.
14 2. Chorhexadol.
15 3. Glutethimide.
16 4. Lysergic acid.
17 5. Lysergic acid amide.
18 6. Methyprylon.
19 7. Phencyclidine.
20 8. Sulfondiethylmethane.
21 9. Sulfonethylmethane.
22 10. Sulfonmethane.
23 (iii) Nalorphine.
24 (iv) Any material, compound, mixture, or preparation
25 containing limited quantities of any of the following narcotic
26 drugs, or any salts thereof, except those narcotic drugs
27 specifically excepted or listed in other schedules:
28 1. Not more than one and eighty one-hundredths grams of
29 codeine per one hundred milliliters or not more than ninety
30 milligrams per dosage unit, with an equal or greater quantity of
19710H0851B1546 - 19 -
1 an isoquinoline alkaloid of opium.
2 2. Not more than one and eighty one-hundredths grams of
3 codeine per one hundred milliliters or not more than ninety
4 milligrams per dosage unit, with one or more active, nonnarcotic
5 ingredients in recognized therapeutic amounts.
6 3. Not more than three hundred milligrams of
7 dihydrocodeinone per one hundred milliliters or not more than
8 fifteen milligrams per dosage unit, with a fourfold or greater
9 quantity of an isoquinoline alkaloid of opium.
10 4. Not more than three hundred milligrams of
11 dihydrocodeinone per one hundred milliliters or not more than
12 fifteen milligrams per dosage unit, with one or more active,
13 nonnarcotic ingredients in recognized therapeutic amounts.
14 5. Not more than one and eighty one-hundredths grams of
15 dihydrocodeine per one hundred milliliters or not more than
16 ninety milligrams per dosage unit, with one or more active,
17 nonnarcotic ingredients in recognized therapeutic amounts.
18 6. Not more than three hundred milligrams of ethylmorphine
19 per one hundred milliliters or not more than fifteen milligrams
20 per dosage unit, with one or more active, nonnarcotic
21 ingredients in recognized therapeutic amounts.
22 7. Not more than five hundred milligrams of opium per one
23 hundred milliliters or per one hundred grams, or not more than
24 twenty-five milligrams per dosage unit, with one or more active,
25 nonnarcotic ingredients in recognized therapeutic amounts.
26 8. Not more than fifty milligrams of morphine per one
27 hundred milliliters or per one hundred grams with one or more
28 active, nonnarcotic ingredients in recognized therapeutic
29 amounts.
30 (v) The secretary may by regulation except any compound,
19710H0851B1546 - 20 -
1 mixture, or preparation containing any drug or controlled
2 dangerous substance listed in subclauses (i) and (ii) of this
3 schedule above from the application of those provisions of this
4 act covering controlled drugs, if the compound, mixture, or
5 preparation contains one or more active medicinal ingredients
6 not having a stimulant or depressant effect on the central
7 nervous system: Provided, That such admixtures shall be included
8 therein in such combinations, quantity, proportion, or
9 concentration as to vitiate the potential for abuse of the
10 substances which do have a stimulant or depressant effect on the
11 central nervous system.
12 (vi) The secretary shall by regulation exempt any
13 nonnarcotic substance from the control under this act if such
14 substance may, under the provisions of the Federal Food, Drug,
15 and Cosmetic Act (21 U.S.C. 301 et seq.), be lawfully sold over
16 the counter without a prescription.
17 (4) Schedule IV--Any material, compound, mixture, or <--
18 preparation, unless specifically excepted or unless listed in
19 another schedule, which contains any quantity of the following
20 substances having a potential for abuse associated with a
21 depressant effect on the central nervous system: IN DETERMINING <--
22 THAT A SUBSTANCE COMES WITHIN THIS SCHEDULE, THE SECRETARY SHALL
23 FIND: A LOW POTENTIAL FOR ABUSE RELATIVE TO SUBSTANCES IN
24 SCHEDULE III; CURRENTLY ACCEPTED MEDICAL USE IN TREATMENT IN THE
25 UNITED STATES; AND LIMITED PHYSICAL DEPENDENCE AND/OR
26 PSYCHOLOGICAL DEPENDENCE LIABILITY RELATIVE TO THE SUBSTANCES
27 LISTED IN SCHEDULE III. THE FOLLOWING CONTROLLED DANGEROUS
28 SUBSTANCES ARE INCLUDED IN THIS SCHEDULE:
29 (I) ANY MATERIAL, COMPOUND, MIXTURE, OR PREPARATION, UNLESS
30 SPECIFICALLY EXCEPTED OR UNLESS LISTED IN ANOTHER SCHEDULE,
19710H0851B1546 - 21 -
1 WHICH CONTAINS ANY QUANTITY OF THE FOLLOWING SUBSTANCES HAVING A
2 POTENTIAL FOR ABUSE ASSOCIATED WITH A DEPRESSANT EFFECT ON THE
3 CENTRAL NERVOUS SYSTEM:
4 1. Barbital.
5 2. Chloral betaine.
6 3. Chloral hydrate.
7 4. Ethchlorvynol.
8 5. Ethinamate.
9 6. Methohexital.
10 7. Meprobamate.
11 8. Methylphenobarbital.
12 9. Paraldehyde.
13 10. Petrichloral.
14 11. Phenobarbital.
15 (II) THE SECRETARY MAY BY REGULATION EXCEPT ANY COMPOUND, <--
16 MIXTURE, OR PREPARATION CONTAINING ANY DRUG OR CONTROLLED
17 DANGEROUS SUBSTANCE LISTED IN SUBCLAUSE (I) OF THIS SCHEDULE
18 ABOVE FROM THE APPLICATION OF THOSE PROVISIONS OF THIS ACT
19 COVERING CONTROLLED DRUGS, IF THE COMPOUND, MIXTURE, OR
20 PREPARATION CONTAINS ONE OR MORE ACTIVE MEDICINAL INGREDIENTS
21 NOT HAVING A STIMULANT OR DEPRESSANT EFFECT ON THE CENTRAL
22 NERVOUS SYSTEM: PROVIDED, THAT SUCH ADMIXTURES SHALL BE INCLUDED
23 THEREIN IN SUCH COMBINATIONS, QUANTITY, PROPORTION, OR
24 CONCENTRATION AS TO VITIATE THE POTENTIAL FOR ABUSE OF THE
25 SUBSTANCES WHICH DO HAVE A STIMULANT OR DEPRESSANT EFFECT ON THE
26 CENTRAL NERVOUS SYSTEM.
27 (III) THE SECRETARY SHALL BY REGULATION EXEMPT ANY
28 NONNARCOTIC SUBSTANCE FROM THE CONTROL UNDER THIS ACT IF SUCH
29 SUBSTANCE MAY, UNDER THE PROVISIONS OF THE FEDERAL FOOD, DRUG,
30 AND COSMETIC ACT (21 U.S.C. 301 ET SEQ.), BE LAWFULLY SOLD OVER
19710H0851B1546 - 22 -
1 THE COUNTER WITHOUT A PRESCRIPTION.
2 (5) Schedule V--In determining that a substance comes within
3 this schedule, the secretary shall find: a low potential for
4 abuse relative to the substances listed in Schedule IV;
5 currently accepted medical use in the United States; and limited
6 physical dependence and/or psychological dependence liability
7 relative to the substances listed in Schedule IV. The following
8 controlled dangerous substances are included in this schedule:
9 (i) Any compound, mixture, or preparation containing limited
10 quantities of any of the following narcotic drugs, which shall
11 include one or more nonnarcotic active medicinal ingredients in
12 sufficient proportion to confer upon the compound, mixture, or
13 preparation, valuable medicinal qualities other than those
14 possessed by the narcotic drug alone:
15 1. Not more than two hundred milligrams of codeine per one
16 hundred milliliter or per one hundred grams.
17 2. Not more than one hundred milligrams of dihydrocodeine
18 per one hundred milliliters or per one hundred grams.
19 3. Not more than fifty ONE HUNDRED milligrams of <--
20 ethylmorphine per one hundred milliliters or per one hundred
21 grams.
22 4. Not more than two and five-tenths milligrams of
23 diphenoxylate and not less than twenty-five micrograms of
24 atropine sulfate per dosage unit.
25 5. Not more than one hundred milligrams of opium per one
26 hundred milliliters or per one hundred grams, or not more than
27 five milligrams per dosage unit.
28 Section 5. Exempt Substances and Drugs.--(a) In accordance
29 with the provisions of section 3, the secretary, after
30 consultation and upon the recommendation of the board, may, by
19710H0851B1546 - 23 -
1 regulation, exempt, from the provisions of this act relating to
2 controlled dangerous substances or CONTROLLED drugs to such <--
3 extent as he determines to be consistent with the public
4 welfare, substances and drugs found by the secretary:
5 (1) Either to possess no addiction-forming or addiction-
6 sustaining liability or not to possess an addiction-forming or
7 addiction-sustaining liability sufficient to warrant imposition
8 of all of the requirements of this act; and
9 (2) Not to permit recovery of a controlled dangerous
10 substance or CONTROLLED drug having such an addiction-forming or <--
11 addiction-sustaining liability with such relative technical
12 simplicity and degree of yield as to create a risk of improper
13 use.
14 (b) In exercising the authority granted in subsection (a),
15 the secretary, by regulations and without special findings,
16 shall, unless cogent reasons require otherwise in the interest
17 of public health, grant exempt status to such substances and
18 drugs as are determined to be exempt under the Federal narcotic
19 law and regulations and the Federal law and regulations
20 pertaining to controlled drugs and CONTROLLED dangerous <--
21 substances.
22 (c) If the secretary shall subsequently determine that any
23 exempt substance or drug does possess a degree of addiction
24 liability that results in abusive use, he shall, by regulation,
25 remove such substance or drug from exempt status effective on a
26 date fixed by the regulation.
27 Section 6. Registration.--(a) No person shall operate within
28 this Commonwealth as a manufacturer, wholesaler or retailer of
29 drugs or devices nor sell, offer for sale nor solicit the
30 purchase of drugs or devices nor hold drugs or devices for sale
19710H0851B1546 - 24 -
1 or resale until such person has registered under this act with
2 the secretary. SUCH REGISTRATION MUST BE RENEWED ANNUALLY IN <--
3 ACCORDANCE WITH RULES AND REGULATIONS RELATING THERETO.
4 (1) Any manufacturer or wholesaler not operating an
5 establishment within this Commonwealth, but employing sales
6 representatives or detailmen within this Commonwealth, shall
7 either register as a manufacturer, or wholesaler as the case may
8 be, or file, in lieu of registration, with the secretary the
9 names and addresses of such representatives and detailmen, and
10 shall promptly inform the secretary of any changes in said list.
11 (2) Separate registration with the secretary shall be
12 required ANNUALLY for each place at which such person carries on <--
13 activities as a manufacturer, wholesaler or retailer within this
14 Commonwealth. The certificate evidencing such registration shall
15 be conspicuously displayed and shall not be transferable.
16 (3) Certificates of registration issued by the State Board
17 of Pharmacy or under the law preceding this act to manufacturers
18 shall continue to be valid for the period issued and, upon
19 expiration, shall be renewed in the manner provided for renewal
20 of certificates of registration issued pursuant to this section.
21 Nothing contained herein shall be construed to require the
22 registration hereunder of pharmacists registered by the Board of
23 Pharmacy nor pharmacies licensed by said board, nor to require
24 the separate registration of agents or employes of persons
25 registered pursuant to the provisions of this section, or of
26 sales representatives or detailmen of manufacturers or
27 wholesalers nor operating an establishment within this
28 Commonwealth whose names and addresses are on file with the
29 secretary: Provided, however, That all persons registered
30 pursuant to this section, whether located within this
19710H0851B1546 - 25 -
1 Commonwealth or not, shall be deemed to have accepted and shall
2 be subject to all provisions of this act.
3 (b) No person shall operate as a manufacturer of drugs or
4 devices unless such drugs or devices are manufactured under the
5 supervision of a registered pharmacist, chemist or other person
6 possessing at least five years' experience in the manufacture of
7 drugs or devices or such other person approved by the secretary
8 as qualified by scientific or technical training or experience
9 to perform such duties of supervision as may be necessary to
10 protect the public health and safety.
11 (c) Each application for registration as a manufacturer
12 shall be accompanied by a fee of one hundred dollars ($100).
13 Each application for registration as a wholesaler shall be
14 accompanied by a fee of twenty-five dollars ($25). Each
15 application for registration as a retailer shall be accompanied
16 by a fee of two dollars ($2). Applications shall be on forms
17 prescribed by the secretary. Registration certificates shall be
18 renewed annually and applications therefor shall be accompanied
19 by the same fee as for initial applications.
20 (d) Registration shall become effective at noon on the
21 sixtieth day after application therefor is filed: Provided,
22 however, That the secretary shall have authority to issue a
23 registration certificate or to issue an order denying such
24 registration pursuant to subsection (e) hereof at any time prior
25 to the expiration of such sixty day period. Renewal of
26 registration shall be effective upon application. CERTIFICATION <--
27 BY THE SECRETARY THAT THE APPLICANT HAS MET ALL REQUIREMENTS FOR
28 SUCH RENEWAL.
29 (e) The secretary may refuse the initial registration (i) of
30 any person who has made false representation in the application
19710H0851B1546 - 26 -
1 for registration, or of any person or agent or employe of any
2 person who manufactures drugs or devices other than under the
3 supervision of a registered pharmacist, chemist or other person
4 possessing at least five years' experience in the manufacture of
5 said drugs or devices, or such person approved by the secretary
6 as provided herein, or who fails to comply with the standards of
7 sanitation, equipment, materials or supplies promulgated
8 pursuant to the provisions of this act, until such person has
9 filed a proper application and is in compliance with this
10 section and with said standards of sanitation, equipment,
11 materials and supplies; and (ii) in addition to the foregoing,
12 of any manufacturer or wholesaler, (A) who has been convicted of
13 a violation of any law of this Commonwealth or of the United
14 States relating to the sale, use or possession of narcotic <--
15 CONTROLLED drugs if such refusal shall be necessary for the <--
16 protection of the public health and safety, or (B) who knowingly
17 employs in any capacity connected with the preparation, handling
18 or sale of narcotic CONTROLLED drugs any person convicted of a <--
19 violation of the laws of this Commonwealth or of the United
20 States relating to the sale, use or possession of narcotics,
21 unless prior consent shall have been obtained from the
22 secretary.
23 (f) In addition to all other penalties provided for
24 violations of this act, the secretary may, after notice and
25 hearing pursuant to the Administrative Agency Law as amended,
26 (i) in the case of a manufacturer registered hereunder, prohibit
27 the sale in Pennsylvania of any drugs or devices involved in any
28 violation of this act which he commits with knowledge or reason
29 to know of said violation, (ii) suspend or revoke the
30 registration of any manufacturer if said registrant, (A) makes
19710H0851B1546 - 27 -
1 any sale in Pennsylvania of any drug or device whose sale has
2 been prohibited under the preceding clause, or (B) is convicted
3 of a violation of any law of this Commonwealth or of the United
4 States relating to the sale, use or possession of drugs or
5 controlled substances if such suspension or revocation shall be
6 necessary for the protection of the public health and safety,
7 (C) knowingly employs in any capacity connected with the
8 preparation, handling or sale of drugs or controlled substances
9 any person convicted of a violation of the laws of this
10 Commonwealth or of the United States relating to the sale, use
11 or possession of drugs or controlled substances unless prior
12 consent shall have been obtained from the secretary, (iii) in
13 the case of a wholesaler registered hereunder, suspend or revoke
14 his registration for any violation of this act which he commits
15 with knowledge or reason to know of said violation if such
16 suspension or revocation shall be necessary for the protection
17 of the public health and safety.
18 (g) If the secretary takes any action refusing registration
19 or disciplining any registrant under subsections (e) and (f),
20 the aggrieved party may, within fifteen days after the date upon
21 which a copy of the order is delivered to the address indicated
22 on the application or the registration certificate, whichever is
23 applicable, petition the board for review. The board shall,
24 within thirty days, grant a hearing and, as soon thereafter as
25 practicable, adopt, modify or reject the action of the
26 secretary. Any action by the board shall be deemed an
27 adjudication to which the provisions of the Administrative
28 Agency Law, as amended, shall be applicable.
29 Section 7. Adulteration.--A drug or device or cosmetic shall
30 be deemed to be adulterated:
19710H0851B1546 - 28 -
1 (1) (i) If it consists, in whole or in part, of any filthy,
2 putrid or decomposed substance; (ii) if it has been prepared,
3 packed or held under conditions whereby it may have been
4 contaminated with filth, or whereby it may have been rendered
5 injurious to health; (iii) if its container is composed, in
6 whole or in part, of any poisonous or deleterious substance
7 which may render the contents injurious to health; (iv) if it
8 has been exposed to conditions of fire, water or extreme
9 temperature, which may have rendered it injurious to health; (v)
10 if (A) it bears or contains for purposes of coloring only a
11 color additive, unless it be a hair dye which is unsafe within
12 the meaning of section 9 of this act, or (B) it is a color
13 additive the intended use of which in or on drugs, devices or
14 cosmetics is for purposes of coloring only and is unsafe, unless
15 it be a hair dye within the meaning of section 9 of this act.
16 (2) If it purports to be or is represented as a drug, the
17 name of which is recognized in an official compendium and its
18 strength differs from or its quality or purity falls below the
19 standards set forth in such compendium. Such determination as to
20 strength, quality or purity, shall be made in accordance with
21 the tests or methods of assay set forth in such compendium, or
22 in the absence of or inadequacy of such tests or methods of
23 assay those prescribed under the authority of the Federal act.
24 No drug defined in an official compendium shall be deemed to be
25 adulterated under this subsection because it differs from the
26 standard of strength, quality or purity therefor set forth in
27 such compendium, if its difference in strength, quality or
28 purity from such standard is plainly stated on its label.
29 Whenever a drug is recognized in both the United States
30 Pharmacopoeia and the Homeopathic Pharmacopoeia of the United
19710H0851B1546 - 29 -
1 States, it shall be subject to the requirements of the United
2 States Pharmacopoeia unless it is labeled and offered for sale
3 as a homeopathic drug, in which case, it shall be subject to the
4 provisions of the Homeopathic Pharmacopoeia of the United States
5 and not to those of the United States Pharmacopoeia.
6 (3) If it is a color additive and is to be used or is
7 recommended for use as a hair dye and it is not exempt under
8 section 9 unless its label bears the following legend
9 conspicuously displayed thereon: "Caution. This product contains
10 ingredients which may cause skin irritation on certain
11 individuals and a preliminary test according to accompanying
12 directions should first be made. This product must not be used
13 for dyeing the eyelashes or eyebrows, to do so may cause
14 blindness," and the labeling bears adequate directions for such
15 preliminary testing. For the purpose of this paragraph, the term
16 "hair dye" shall not include eyelash dyes or eyebrow dyes.
17 (4) If it is not subject to the provisions of clause (2) of
18 this section and its strength differs from or its purity or
19 quality falls below that which it purports or is represented to
20 possess.
21 (5) If it is a drug and any substance has been (i) mixed or
22 packed therewith so as to reduce its quality or strength, or
23 (ii) substituted wholly or in part therefor.
24 Section 8. Misbranding.--A drug or device or cosmetic shall
25 be deemed to be misbranded:
26 (1) If its labeling is false or misleading in any
27 particular.
28 (2) If in package form unless it bears a label containing
29 (i) the name and place of business of the manufacturer, packer
30 or distributor, and (ii) an accurate statement of the quantity
19710H0851B1546 - 30 -
1 of the contents in terms of weight measure or numerical count:
2 Provided, That under subclause (ii) of this clause, reasonable
3 variations shall be permitted and exemptions as to small
4 packages shall be established by regulations.
5 (3) If any word, statement or other information required by
6 or under authority of this act to appear on the label, or
7 labeling is not prominently placed thereon with such
8 conspicuousness (as compared with other words, statements,
9 designs or devices in the labeling), and in such terms as to
10 render it likely to be read and understood by the ordinary
11 individual under customary conditions of purchase and use.
12 (4) If it is for use by man and is a narcotic, depressant or
13 stimulant drug designated as habit-forming, unless its label
14 bears the name and quantity or proportion of such substance or
15 derivative and if required by applicable Federal law or
16 regulations, in juxtaposition therewith the statement "Warning.
17 May Be Habit-Forming."
18 (5) If it is a drug and is not designated solely by a name
19 recognized in an official compendium, unless its label bears (i)
20 the common or usual name of the drug, if such there be, and (ii)
21 in case it is fabricated from two or more ingredients, the
22 common or usual name of each active ingredient including the
23 kind and quantity or proportion of any alcohol and also
24 including whether active or not, the name and quantity or
25 proportion of any bromides, ether, chloroform, acetanilid,
26 acetphenetidin, amidopyrine, antipyrine, atropine, hyoscine,
27 hyoscyamine, arsenic, digitalis, glucosides, mercury, ouabain,
28 strophanthin, strychnine, thyroid or any derivative or
29 preparation of any such substances contained therein: Provided,
30 That to the extent that compliance with the requirements of
19710H0851B1546 - 31 -
1 subclause (ii) of this clause is impracticable, exemptions shall
2 be established by regulations.
3 (6) Unless its labeling bears (i) adequate directions for
4 use, and (ii) such adequate warnings against use in those
5 pathological conditions or by children where its use may be
6 dangerous to health or against unsafe dosage or methods or
7 duration of administration or application in such manner and
8 form as are necessary for the protection of users: Provided,
9 That where any requirement of subclause (i) of this clause as
10 applied to any drug or device is not necessary for the
11 protection of the public health, regulations shall be
12 promulgated exempting such drug or device or cosmetic from such
13 requirements.
14 (7) If it purports to be a drug, the name of which is
15 recognized in an official compendium, unless it is packaged and
16 labeled as prescribed therein: Provided, That the method of
17 packing may be modified with a consent of the secretary.
18 Whenever a drug is recognized in both the United States
19 Pharmacopoeia and the Homeopathic Pharmacopoeia of the United
20 States, it shall be subject to the requirements of the United
21 States Pharmacopoeia with respect to packaging and labeling,
22 unless it is labeled and offered for sale as a homeopathic drug,
23 in which case, it shall be subject to the provisions of the
24 Homeopathic Pharmacopoeia of the United States and not to those
25 of the United States Pharmacopoeia.
26 (8) If it has been found by the secretary to be a drug
27 liable to deterioration unless it is packaged in such form and
28 manner and its label bears a statement specifying such
29 precautions against deterioration as the secretary shall by
30 regulation require as necessary for the protection of public
19710H0851B1546 - 32 -
1 health. No such regulation shall be established for any drug
2 recognized in an official compendium, or for any drug which
3 regulations specifying precautions against deterioration have
4 been promulgated by the Secretary of Health, Education and
5 Welfare under the Federal act.
6 (9) If it is offered for sale or sold under the name of
7 another drug, device or cosmetic or brand of drug, device or
8 cosmetic, or if it is manufactured, packaged, labeled or sold in
9 such manner as to give rise to a reasonable probability that the
10 purchaser will be led to believe he is purchasing such drug,
11 device or cosmetic as another drug, device or cosmetic or as the
12 product of another manufacturer.
13 (10) If it is dangerous to health when used in the dosage or
14 with the frequency or duration prescribed, recommended or
15 suggested in the labeling thereof.
16 (11) A drug dispensed by filling or refilling a written or
17 oral prescription issued by a person licensed by law to
18 administer or prescribe such drug (except a drug sold in the
19 course of the conduct of a business of selling drugs pursuant to
20 diagnosis by mail) shall be exempt from the requirements of this
21 section, except clauses (1) and (9) if such drug bears a label
22 containing the name and place of business of the dispenser, the
23 serial number and date of such prescription, the name and <--
24 address of the person prescribing such drug, the name and <--
25 address of the patient and such directions for use and
26 cautionary statements, if any, contained in such prescription.
27 (12) If it is a cosmetic and its container is so made,
28 formed or filled as to be misleading.
29 Section 9. Color Additives.--A color additive shall be
30 deemed unsafe unless there is in effect with respect to such
19710H0851B1546 - 33 -
1 additive a regulation issued pursuant to the Federal act
2 permitting such use and unless such additive and use thereof
3 conforms in all respects to the requirements of the Federal act
4 and regulations issued pursuant thereto.
5 Section 10. New Drugs.--(a) No person shall sell, deliver,
6 offer for sale, hold for sale, or give away, any new drug unless
7 (i) an application with respect thereto has been approved under
8 the appropriate Federal act, or (ii) when not subject to the
9 Federal act unless such drug has been tested and has not been
10 found to be unsafe or ineffective for use under the conditions
11 prescribed, recommended or suggested in the labeling thereof,
12 and prior to selling or offering for sale such drug, there has
13 been filed with the secretary an application, setting forth full
14 reports of investigations which have been made to show whether
15 or not such drug is safe and effective for use, a full list of
16 the articles used as components of such drug, a full statement
17 of the composition of such drug, a full description of the
18 methods used in and the facilities and controls used for the
19 manufacture, processing and packing of such drug, such samples
20 of such drug and of the articles used as components thereof as
21 the secretary may require, and specimens of the labeling
22 proposed to be used for such drug.
23 (b) An application provided for in subsection (a) (ii) shall
24 be submitted to the board for its recommendations but such
25 application shall become effective on the sixtieth day after the
26 filing thereof except that if the secretary finds, after due
27 notice to the applicant and giving him an opportunity for a
28 hearing, that the drug is not safe and effective for use under
29 the conditions prescribed, recommended or suggested in the
30 proposed labeling thereof, he shall prior to the effective date
19710H0851B1546 - 34 -
1 of the application issue an order refusing to permit the
2 application to become effective.
3 (c) This section shall not apply:
4 (1) To a drug intended solely for investigational use by
5 experts qualified by scientific training and experience to
6 investigate the safety in drugs, provided the drug is plainly
7 labeled "For investigational use only," or words of similar
8 import, and provided such investigator furnishes a statement to
9 the secretary showing that he has adequate facilities for such
10 investigation;
11 (2) To a drug sold in this State at any time prior to
12 enactment of this act or introduced into interstate commerce at
13 any time prior to the enactment of the Federal act; or
14 (3) To any drug which is licensed under the animal virus
15 serum and toxin law of March 4, 1913 (21 U.S.C. 151, et seq.) or
16 under the Public Health Service Act of July 1, 1944 (42 U.S.C.
17 201, et seq.).
18 (d) An order refusing to permit an application under this
19 section to become effective may be revoked by the secretary.
20 Section 11. Professional Prescription, Administration, and
21 Dispensing.--(a) A pharmacist may dispense a controlled <--
22 dangerous substance or drug to an individual only upon the
23 written prescription of a practitioner, except that in emergency
24 situations as prescribed by the secretary, such drug may be
25 dispensed upon oral prescription, provided that a written
26 memorandum signed by the practitioner is subsequently
27 substituted for the oral prescription. The form of the
28 prescription shall be specified by the secretary.
29 (b) No prescription for a controlled dangerous substance or
30 drug may be filled more than one month after the date on which
19710H0851B1546 - 35 -
1 the prescription was issued. No prescription for a narcotic drug
2 may be refilled, and no prescription for any other controlled
3 dangerous substance or drug may be refilled more than five
4 times. (A) EXCEPT WHEN DISPENSED DIRECTLY BY A LICENSED <--
5 PRACTITIONER, OTHER THAN A PHARMACIST, TO AN ULTIMATE USER, NO
6 CONTROLLED SUBSTANCE IN SCHEDULE II, MAY BE DISPENSED WITHOUT
7 THE WRITTEN PRESCRIPTION OF A LICENSED PRACTITIONER, EXCEPT IN
8 EMERGENCY SITUATIONS, AS PRESCRIBED BY THE SECRETARY BY
9 REGULATION. NO PRESCRIPTION FOR A CONTROLLED DANGEROUS SUBSTANCE
10 IN SCHEDULE II MAY BE REFILLED.
11 (B) EXCEPT WHEN DISPENSED DIRECTLY BY A LICENSED
12 PRACTITIONER, OTHER THAN A PHARMACIST, TO AN ULTIMATE USER, NO
13 CONTROLLED SUBSTANCE IN SCHEDULE III OR IV, WHICH IS A
14 PRESCRIPTION DRUG AS DETERMINED UNDER THE FEDERAL FOOD, DRUG AND
15 COSMETIC ACT, MAY BE DISPENSED WITHOUT A WRITTEN OR ORAL
16 PRESCRIPTION. SUCH PRESCRIPTIONS MAY NOT BE FILLED OR REFILLED
17 MORE THAN SIX MONTHS AFTER THE DATE THEREOF OR BE REFILLED MORE
18 THAN FIVE TIMES AFTER THE DATE OF THE PRESCRIPTION UNLESS
19 RENEWED BY THE LICENSED PRACTITIONER.
20 (C) NO CONTROLLED SUBSTANCE IN SCHEDULE V WHICH IS A DRUG
21 MAY BE DISTRIBUTED OR DISPENSED OTHER THAN FOR A MEDICAL
22 PURPOSE.
23 (c) (D) A physician or dentist LICENSED PRACTITIONER may <--
24 prescribe, administer, or dispense a controlled dangerous
25 substance or drug only (i) in good faith in the course of his
26 professional practice, (ii) within the scope of the patient
27 relationship, and (iii) in accordance with treatment principles
28 accepted by a responsible segment of the medical profession. A
29 physician or dentist LICENSED PRACTITIONER may cause a <--
30 controlled dangerous substance or drug to be administered by a
19710H0851B1546 - 36 -
1 professional assistant under his direction and supervision.
2 (d) (E) A veterinarian may prescribe, administer, or <--
3 dispense a controlled dangerous substance or drug only (i) in
4 good faith in the course of his professional practice, and (ii)
5 not for use by a human being. He may cause a controlled
6 dangerous substance or drug to be administered by a professional
7 assistant under his direction and supervision.
8 (e) (F) Any narcotic drug dispensed by a pharmacist pursuant <--
9 to a written prescription shall bear a label showing (i) the
10 pharmacist's own name, address, NAME AND ADDRESS OF THE PHARMACY <--
11 and any registration number obtained pursuant to any applicable
12 Federal laws, (ii) the name and address of the patient, or, if <--
13 the patient is an animal, the name and address of the owner of <--
14 the animal and the species of the animal, (iii) the name,
15 address, and any registration number required to be obtained
16 pursuant to any applicable Federal laws, of the practitioner by
17 whom the prescription was written, and (iv) such directions as
18 may be stated on the prescription.
19 Section 12. Records of Distribution of Controlled Dangerous
20 Substances and Drugs.--(a) Every person who sells or otherwise
21 distributes controlled dangerous substances or CONTROLLED drugs, <--
22 shall keep records of all purchases or other receipt and sales
23 or other distribution of such drugs for two years from the date
24 of purchase or sale. Such records shall include the name and
25 address of the person from whom purchased or otherwise received
26 or to whom sold or otherwise distributed, the date of purchase
27 or receipt or sale or distribution, and the quantity involved:
28 PROVIDED, HOWEVER, THAT THIS SUBSECTION SHALL NOT APPLY TO A <--
29 LICENSED PRACTITIONER AUTHORIZED BY LAW TO ADMINISTER AND
30 DISPENSE WHO DISPENSES CONTROLLED DANGEROUS SUBSTANCES OR DRUGS
19710H0851B1546 - 37 -
1 TO HIS PATIENTS, UNLESS THE LICENSED PRACTITIONER IS REGULARLY
2 ENGAGED IN CHARGING HIS PATIENTS, WHETHER SEPARATELY OR TOGETHER
3 WITH CHARGES FOR OTHER PROFESSIONAL SERVICES, FOR SUBSTANCES SO
4 DISPENSED.
5 (b) Every practitioner licensed by law to administer,
6 dispense or distribute narcotic drugs shall keep a record of all
7 such substances and drugs, administered, dispensed or
8 distributed by him, showing the amount administered, dispensed
9 or distributed, the date, the name and address of the patient,
10 and in the case of a veterinarian, the name and address of the
11 owners of the animal to whom such drugs are dispensed or
12 distributed. Such record shall be kept for two years from the
13 date of administering, dispensing or distributing such drug and
14 shall be open for inspection by the proper authorities.
15 Section 13. Lawful Acts.--The following acts are lawful
16 within the Commonwealth:
17 (1) The possession, control, dealing in, dispensing,
18 selling, delivery, distribution, prescription, trafficking in,
19 or giving of, any CONTROLLED DANGEROUS SUBSTANCE, CONTROLLED <--
20 PARAPHERNALIA OR controlled drug in STRICT COMPLIANCE WITH THE <--
21 PROVISIONS OF THIS ACT AND IN the regular AND LAWFUL course of a <--
22 business, profession, employment, occupation or duties of (i)
23 manufacturers of drugs, (ii) persons engaged in the wholesale
24 drug trade, (iii) importers or exporters of drugs, (iv)
25 registered pharmacists in any licensed pharmacy, (v) bona fide
26 owners of pharmacies or drugstores, (vi) practitioners licensed
27 by law to administer, prescribe or dispense such drugs, (vii)
28 persons in the employ of the United States or of this
29 Commonwealth or of any county, municipality or township of this
30 Commonwealth and having such drugs in their possession by reason
19710H0851B1546 - 38 -
1 of their official duties, (viii) warehousemen or common carriers
2 engaged bona fide in handling or transporting drugs, (ix) nurses
3 under the supervision of a physician, (x) persons in charge of a
4 laboratory where such drugs are used for the purpose of medical
5 or scientific investigation, teaching or analysis and not for
6 further distribution, (xi) captains or proper officers of ships,
7 upon which no regular physician is employed, for the actual
8 medical needs of the officers and crew of their own ships only,
9 (xii) persons in the bona fide employ of any of the persons
10 above enumerated, (xiii) the provisions of this clause
11 pertaining to possession shall also apply to, in addition to the
12 foregoing, (A) persons having said drugs in their possession for
13 their own personal use only: Provided, That they have obtained
14 the same in good faith, for their own use, from a practitioner
15 licensed to prescribe or dispense such drugs, or in pursuance of
16 a prescription given them by a practitioner licensed to
17 prescribe such drugs OR EXCEPT AS OTHERWISE AUTHORIZED BY THIS <--
18 ACT, (B) persons having said drugs in their possession for the
19 use of an animal belonging to them: Provided, That they have
20 obtained the same in good faith, from a duly licensed
21 veterinarian, for the use of such animal, or in pursuance of a
22 prescription given by a duly licensed veterinarian.
23 (2) The sale, dispensation, distribution or gift by any
24 manufacturer, producer, importer or person engaged in the
25 wholesale drug trade of any controlled dangerous substance or
26 CONTROLLED drug in pursuance of AS EVIDENCED BY a written order <--
27 signed by the person authorized by law to possess, sell,
28 dispense or prescribe such drugs to whom such drug is sold,
29 dispensed, distributed or given. "Written order" hereunder shall
30 include bills of lading, invoices, receipts or written
19710H0851B1546 - 39 -
1 memorandums signed by the person authorized by law to receive
2 such drugs, showing the names and quantities of drugs purchased.
3 (3) The sale, dispensation, distribution or gift by any
4 registered pharmacist in any licensed pharmacy of any controlled
5 dangerous substance or CONTROLLED drug to (i) a practitioner <--
6 licensed by law to administer, dispense or prescribe such drug,
7 (ii) a bona fide hospital, dispensary, asylum, sanatorium or
8 public institution, (iii) an individual in pursuance of a
9 written prescription, or an oral prescription subject to the
10 requirements hereinafter set forth, issued by a practitioner
11 licensed by law to prescribe such drug, which prescription shall
12 be dated as of the day on which signed and shall be signed by
13 the practitioner who issued the same, (iv) a person in charge of
14 a laboratory where such drugs are used in medical or scientific
15 investigation, teaching or analysis and not for sale or further
16 distribution, (v) the captain or proper officer of a ship upon
17 which no regular physician is employed for the actual medical
18 needs of the officers and crew of such ship only, (vi) a person
19 in the employ of the United States or of this Commonwealth or of
20 any county, municipality or township thereof, purchasing or
21 receiving the same in his official capacity.
22 (4) Using, taking, administering to the person or causing to
23 be administered to the person, or administering to any other
24 person or causing to be administered to any other person, any
25 controlled dangerous substance or CONTROLLED drug under the <--
26 advice and direction and with the consent of a practitioner
27 licensed by law to prescribe or administer such drugs to human
28 beings.
29 Section 14. Prohibited Acts; Penalties.--(a) The following
30 commercial type acts and the causing thereof within the
19710H0851B1546 - 40 -
1 Commonwealth are hereby prohibited:
2 (1) The manufacture, sale or delivery, holding, offering for
3 sale, or possession of any drug, device or cosmetic that is
4 adulterated or misbranded.
5 (2) The adulteration or misbranding of any drug, device or
6 cosmetic.
7 (3) The receipt in commerce of any drug, device or cosmetic
8 that is adulterated or misbranded and the delivery or proffered
9 delivery thereof for pay or otherwise.
10 (4) The sale, delivery for sale, holding for sale or
11 offering for sale of any article in violation of section 10.
12 (5) The dissemination or publication of any false or
13 materially misleading advertisement.
14 (6) The removal or disposal of a detained or embargoed
15 article in violation of section 25, whether or not such article
16 is in fact adulterated or misbranded.
17 (7) The adulteration, mutilation, destruction, obliteration
18 or removal of the whole or any part of the labeling of, or the
19 doing of any other act with respect to a drug, device or
20 cosmetic, if such act is done while such article is held for
21 sale and results in such article being adulterated or
22 misbranded.
23 (8) Forging, counterfeiting, simulating or falsely
24 representing, or without proper authority using any mark, stamp,
25 tag, label or other identification device authorized or required
26 by regulation promulgated under the provisions of this act.
27 (9) Placing or causing to be placed upon any drug or
28 pharmaceutical preparation, or upon the container of any drug or
29 pharmaceutical preparation, with intent to defraud, the
30 trademark, trade name or other identifying mark, imprint or
19710H0851B1546 - 41 -
1 device of another, or any likeness of any of the foregoing.
2 (10) Selling, dispensing, disposing of or causing to be
3 sold, dispensed or disposed of, or keeping in possession,
4 control or custody, or concealing any drug or pharmaceutical
5 preparation or any container of any drug or pharmaceutical
6 preparation with knowledge that the trademark, trade name or
7 other identifying mark, imprint or device of another, or any
8 likeness of any of the foregoing, has been placed thereon in a
9 manner prohibited by clause (9) hereof.
10 (11) Making, selling, disposing of or causing to be made,
11 sold, or disposed of, or keeping in possession, control or
12 custody, or concealing with intent to defraud, any punch, die,
13 plate, stone or other thing designed to print, imprint or
14 reproduce the trademark, trade name or other identifying mark,
15 imprint or device of another or any likeness of any of the
16 foregoing upon any drug, pharmaceutical preparation, or
17 container thereof.
18 (12) The use on the labeling of any drug, or in any
19 advertisement relating to such drug, of any representation or
20 suggestion that any application with respect to such drug is
21 effective under section 10 or that such drug complies with the
22 provisions of such section.
23 (13) The use of any statement or representation in
24 advertising or promoting the retail sale of any drug that the
25 seller of such drug is registered under this act.
26 (14) The sale at retail of a nonproprietary drug except by a
27 registered pharmacist in a licensed pharmacy or by a
28 practitioner.
29 (15) The operation of a drug manufacturing, wholesaling or
30 retailing establishment, except by registered pharmacists in a
19710H0851B1546 - 42 -
1 licensed pharmacy, without conforming with such standards
2 respecting sanitation, materials, equipment and supplies as the
3 secretary, after consultation with the board, may establish by
4 regulation for the protection of the public health and safety.
5 (16) Except in emergency situations and pursuant to <--
6 regulations of the secretary, the THE sale, dispensation, <--
7 distribution or gift by any registered pharmacist or operator of
8 a licensed pharmacy of any controlled dangerous substance or
9 CONTROLLED drug except in pursuance of LISTED IN SCHEDULES II, <--
10 III AND IV OF SECTION 4 EXCEPT IN PURSUANCE OF AN ORAL ORDER OR
11 a written order signed by the person to whom such drugs are
12 sold, dispensed, distributed or given as provided for in section
13 11, when such drugs are sold, dispensed, distributed or given to
14 an individual in pursuance of a prescription. Such prescription
15 shall be regarded as the written order herein required and no
16 further written order shall be necessary. Such orders shall be
17 kept and preserved for a period of two years. Where there is no
18 initial written order in an emergency situation, said order
19 shall be verified by a written memorandum signed by the vendee.
20 (17) The sale, dispensation, distribution, prescription or
21 gift by any practitioner otherwise authorized by law so to do of
22 any controlled drug or CONTROLLED dangerous substance to any <--
23 person known to such practitioner to be a drug dependent person,
24 unless said drug is prescribed, administered, dispensed or
25 given, for the cure or treatment of some malady other than the
26 drug habit, except that a controlled drug such as methadone may
27 be permitted by such regulations for the treatment of the drug
28 habit pursuant to regulations providing for such use.
29 (18) The administration, dispensation, delivery, gift or
30 prescription by any practitioner otherwise authorized by law so
19710H0851B1546 - 43 -
1 to do of any controlled dangerous substance or CONTROLLED drug <--
2 except after a physical OR VISUAL examination of the person or <--
3 animal for whom said drugs are intended, said examination to be
4 made at the time said prescription is issued or at the time said
5 drug is administered, dispensed, given away or delivered by said
6 practitioner, or except where the practitioner is satisfied by
7 evidence that the person is not a drug dependent person. No
8 veterinarian shall sell, dispense, distribute, give or prescribe
9 any narcotic drug for the use of a human being.
10 (19) The sale at retail or dispensing of any controlled drug
11 or CONTROLLED dangerous substance LISTED IN SCHEDULES II, III <--
12 AND IV to any person, except to one authorized by law to sell,
13 dispense, prescribe or possess such drugs or substances, unless
14 upon the written or oral prescription of a person licensed by
15 law to prescribe such drug and unless compounded or dispensed by
16 a registered pharmacist or under the immediate personal
17 supervision of a registered pharmacist, or the refilling of a
18 written or oral prescription for a drug, unless such refilling
19 is authorized by the prescriber either in the original written
20 prescription or by written confirmation of the original oral
21 prescription. The provisions of this subsection shall not apply
22 to a practitioner licensed to prescribe or dispense such drugs,
23 who keeps a record of the amount of such drugs purchased and a
24 dispensing record showing the date, name, and quantity of the
25 drug dispensed and the name and address of the patient, as
26 required by this act.
27 (20) The dispensing of any controlled drug or CONTROLLED <--
28 dangerous substance by a pharmacist without affixing to the
29 container in which the drug is sold or dispensed a label bearing
30 the name and address of such pharmacist THE PHARMACY, the name <--
19710H0851B1546 - 44 -
1 and address of the patient, the date compounded and the <--
2 consecutive number of the prescription under which it is
3 recorded in his prescription files, together with the name of
4 the practitioner prescribing it.
5 (21) The dispensing of a controlled drug or CONTROLLED <--
6 dangerous substance by a practitioner otherwise authorized by
7 law so to do without affixing to the container in which the drug
8 is sold or dispensed a label bearing the name and address of the
9 practitioner, the date dispensed, the name and address of the <--
10 patient and the directions for the use of the drug by the
11 patient.
12 (22) The selling or possession by a pharmacy or wholesaler
13 of any drug or controlled dangerous substance defined herein
14 unless the container bears a label, securely attached thereto,
15 stating conspicuously the specific name of the drug and the
16 proportion or amount thereof. Such label shall not be necessary
17 when the drug is dispensed by a pharmacist upon a prescription
18 or dispensed by a practitioner authorized by law to dispense
19 such drugs to his own patients and the container is labeled in
20 the manner prescribed in this act.
21 (23) The purchase or receipt in commerce by any person of
22 any drugs or devices from any person not authorized by law to
23 sell, distribute, dispense or otherwise deal in such drugs or
24 devices.
25 (24) The using by any person to his own advantage or
26 revealing other than to the secretary or officers or employes of
27 the Department of Health or to the council or to the board or to
28 courts or a hearing examiner when relevant to proceedings under
29 this act any information acquired under authority of this act
30 concerning any method or process which as a trade secret is
19710H0851B1546 - 45 -
1 entitled to protection. Such information obtained under the
2 authority of this act shall not be admitted in evidence in any
3 proceeding before any court of the Commonwealth except in
4 proceedings under this act.
5 Any person who violates any of the provisions of this
6 subsection (a) shall be guilty of a misdemeanor, and shall, on
7 conviction thereof, be sentenced to imprisonment for not more
8 than one year or a fine of not more than five thousand dollars
9 ($5,000), or both; but if the violation is committed after a
10 prior conviction of such person, for a violation of this act
11 under this section, has become final, such person shall be
12 sentenced to imprisonment for not more than three years or a
13 fine of not more than twenty-five thousand dollars ($25,000), or
14 both.
15 (b) Any person who is an otherwise legitimate producer,
16 manufacturer, or distributor and who fails to register or obtain
17 a license as required by this act shall be guilty of a
18 misdemeanor, and shall, on conviction thereof, be punished only
19 as follows:
20 (1) Upon conviction of the first such offense, he shall be
21 sentenced to imprisonment for not more than six months, or fined
22 not exceeding ten thousand dollars ($10,000), or both.
23 (2) Upon conviction of the second and subsequent such
24 offense, he shall be sentenced to imprisonment for not more than
25 two years, or fined not exceeding forty thousand dollars
26 ($40,000), or both.
27 (c) Any person who fails to maintain or permit inspection of
28 records as required by this act or divulges information in
29 violation of this act shall be guilty of a felony, and shall, on
30 conviction thereof, be punished as follows:
19710H0851B1546 - 46 -
1 (1) Upon conviction of the first such offense, he shall be
2 sentenced to imprisonment for not more than two years, or fined
3 not exceeding ten thousand dollars ($10,000), or have his
4 license revoked for not exceeding one year, or any of these.
5 (2) Upon conviction of the second and subsequent such
6 offense, he shall be sentenced to imprisonment for not more than
7 ten years, or fined not exceeding thirty thousand dollars
8 ($30,000), or have his license revoked for not more than five
9 years, or any of these.
10 (d) Any person, not authorized by law to do so, who
11 acquires, receives, possesses, stores, sells or distributes any
12 controlled paraphernalia shall be guilty of a felony and shall,
13 on conviction thereof, be sentenced to imprisonment for not more
14 than three years or a fine of not more than five thousand
15 dollars ($5,000), or both.
16 (e) It shall be unlawful for any person to obtain or attempt
17 to obtain a controlled dangerous substance or CONTROLLED drug <--
18 by:
19 (1) Misrepresentation, deception, or subterfuge, (i) from
20 any person that he believes uses such a substance or drug in
21 research, teaching, or chemical analysis, and who in fact is
22 authorized by law to administer, dispense, or distribute such a
23 substance or drug; or (ii) from any person that he believes is
24 lawfully entitled to possess and distribute a controlled
25 dangerous substance or CONTROLLED drug, and who in fact is <--
26 authorized by law to administer, dispense, or distribute such a
27 substance or drug;
28 (2) Use of a prescription that has been forged, or that has
29 been altered by someone other than the prescribing practitioner;
30 or
19710H0851B1546 - 47 -
1 (3) Use of a false name or address on a prescription.
2 Any person who obtained a controlled drug or CONTROLLED <--
3 dangerous substance by any means of fraud or deceit as herein
4 set forth shall be guilty of a misdemeanor and shall, upon
5 conviction thereof, be punished as follows:
6 (1) Upon conviction of the first such offense, he shall be
7 sentenced to imprisonment for not more than one year, or fined
8 not exceeding five thousand dollars ($5,000), or both.
9 (2) Upon conviction of the second and subsequent such
10 offense, he shall be sentenced to imprisonment for not more than
11 two years, or fined not exceeding ten thousand dollars
12 ($10,000), or both.
13 (3) Any person who is a drug dependent person and who
14 violates this provision to satisfy his drug dependence, and who
15 is not charged with a trafficking offense involving distribution
16 of a controlled drug or CONTROLLED dangerous substance at <--
17 wholesale or distribution at retail of any controlled drug or
18 dangerous substance as part of an organized professional system,
19 shall be handled only pursuant to the provisions relating to
20 care, treatment and civil commitment.
21 (f) It shall be unlawful for any person who is not
22 registered or licensed as required by law to possess a
23 controlled drug or CONTROLLED dangerous substance with intent to <--
24 distribute it or to distribute a controlled drug or CONTROLLED <--
25 dangerous substance in violation of this act and shall, upon
26 conviction thereof, be punished as follows:
27 (1) Trafficking in the First Degree. A person who in
28 violation of this act possesses a controlled drug or CONTROLLED <--
29 dangerous substance except marihuana with intent to distribute
30 it or who in violation of this act distributes a controlled drug
19710H0851B1546 - 48 -
1 or CONTROLLED dangerous substance except marihuana at wholesale <--
2 to another distributor shall be guilty of a felony, and shall,
3 on conviction thereof, be punished as follows:
4 (i) upon conviction of the first such offense involving a
5 controlled drug or CONTROLLED dangerous substance classified in <--
6 Schedule I or II which is a narcotic drug, such person shall be
7 sentenced to imprisonment for not more than twenty years and
8 fined without limitation an amount sufficient to exhaust the
9 assets utilized in and the profits obtained by the illegal
10 activity and upon conviction of the second and subsequent such
11 offense, he shall be sentenced to imprisonment for not more than
12 life, and fined without limitation an amount sufficient to
13 exhaust the assets utilized in and the profits obtained by the
14 illegal activity;
15 (ii) upon conviction of the first such offense involving a
16 controlled drug or dangerous substance classified in Schedule I
17 or II which is not a narcotic drug or any controlled drug or
18 CONTROLLED dangerous substance classified in Schedule III, such <--
19 person shall be sentenced to imprisonment for not more than five
20 years, or fined not exceeding fifteen thousand dollars
21 ($15,000), or both and upon conviction of the second and
22 subsequent such offense, he shall be sentenced to imprisonment
23 for not more than ten years, or fined not exceeding thirty
24 thousand dollars ($30,000), or both;
25 (iii) upon conviction of the first such offense involving a
26 controlled drug or CONTROLLED dangerous substance classified in <--
27 Schedule IV, such person shall be sentenced to imprisonment for
28 not more than three years, or fined not exceeding ten thousand
29 dollars ($10,000), or both and upon conviction of the second and
30 subsequent such offense, he shall be sentenced to imprisonment
19710H0851B1546 - 49 -
1 of not more than six years, or fined not exceeding twenty
2 thousand dollars ($20,000), or both;
3 (iv) upon conviction of the first such offense involving a
4 controlled drug or CONTROLLED dangerous substance classified in <--
5 Schedule V, such person shall be sentenced to imprisonment of
6 not more than one year, or fined not exceeding five thousand
7 dollars ($5,000), or both and upon conviction of the second and
8 subsequent such offense, he shall be sentenced to imprisonment
9 for not more than two years, or fined not exceeding ten thousand
10 dollars ($10,000), or both.
11 (2) Trafficking in the Second Degree. A person who in
12 violation of this act possesses a controlled drug or CONTROLLED <--
13 dangerous substance except marihuana with intent to distribute
14 it to an ultimate user thereof in violation of this act, or who
15 in violation of this act distributes a controlled drug or
16 CONTROLLED dangerous substance except marihuana to an ultimate <--
17 user thereof, shall be guilty of a felony, and shall, on
18 conviction thereof, be punished as follows:
19 (i) upon conviction of the first such offense involving a
20 controlled drug or CONTROLLED dangerous substance classified in <--
21 Schedule I or II which is a narcotic drug, such person shall be
22 sentenced to imprisonment for not more than twenty years, and
23 fined an amount sufficient to exhaust the assets utilized in and
24 the profits obtained by the illegal activity, and upon
25 conviction of the second and subsequent such offense, he shall
26 be sentenced to imprisonment for not more than forty years, and
27 fined an amount sufficient to exhaust the assets utilized in and
28 the profits obtained by the illegal activity;
29 (ii) upon conviction of the first such offense involving a
30 controlled drug or CONTROLLED dangerous substance classified in <--
19710H0851B1546 - 50 -
1 Schedule I or II which is not a narcotic drug or any controlled
2 drug or CONTROLLED dangerous substance classified in Schedule <--
3 III, such person shall be sentenced to imprisonment for not more
4 than five years, or fined not exceeding five thousand dollars
5 ($5,000), or both and upon conviction of the second and
6 subsequent such offense, he shall be sentenced to imprisonment
7 for not more than ten years, or fined not exceeding ten thousand
8 dollars ($10,000), or both;
9 (iii) upon conviction of the first such offense involving a
10 controlled drug or CONTROLLED dangerous substance classified in <--
11 Schedule IV, such person shall be sentenced to imprisonment for
12 not more than three years, or fined not exceeding three thousand
13 dollars ($3,000), or both and upon conviction of the second and
14 subsequent such offense, he shall be sentenced to imprisonment
15 for not more than six years, or fined not exceeding six thousand
16 dollars ($6,000), or both;
17 (iv) upon conviction of the first such offense involving a
18 controlled drug or CONTROLLED dangerous substance classified in <--
19 Schedule V, such person shall be sentenced to imprisonment for
20 not more than one year, or fined not exceeding two thousand
21 dollars ($2,000), or both, and upon conviction of the second and
22 subsequent such offense, he shall be sentenced to imprisonment
23 for not more than two years, or fined not exceeding three
24 thousand dollars ($3,000), or both.
25 (3) Trafficking in the Third Degree. A person who in
26 violation of this act possesses marihuana with intent to
27 distribute it, or who in violation of this act distributes
28 marihuana, shall be guilty of a felony, and shall, on conviction
29 thereof, be punished as follows:
30 (i) upon conviction of the first such offense, he shall be
19710H0851B1546 - 51 -
1 sentenced to imprisonment for not more than ten years, and fined
2 an amount sufficient to exhaust the assets utilized in and the
3 profits obtained by the illegal activity;
4 (ii) upon conviction of the second such offense, he shall be
5 sentenced to imprisonment for not more than twenty years, and
6 fined an amount sufficient to exhaust the assets utilized in and
7 the profits obtained by the illegal activity.
8 (g) Any person who manufactures or distributes a counterfeit
9 drug or substance or who possesses a counterfeit drug or
10 substance with intent to distribute it, knowing it to be a
11 counterfeit drug or substance, or who manufactures or
12 distributes any device intended to reproduce any identifying
13 name or mark upon any drug or substance or container or labeling
14 so as to render such drug or substance a counterfeit drug, shall
15 be guilty of a felony, and shall, upon conviction thereof, be
16 punished as follows:
17 (1) Upon conviction of the first such offense involving a
18 counterfeit substance classified in Schedule I or II which is a
19 narcotic drug, such person shall be sentenced to imprisonment
20 for not more than ten years, and fined without limitation in an
21 amount sufficient to exhaust the assets utilized in and the
22 profits obtained by the illegal activity and upon conviction of
23 the second and subsequent such offense, he shall be sentenced to
24 imprisonment for not more than thirty years, and fined without
25 limitation an amount sufficient to exhaust the assets utilized
26 in and the profits obtained by the illegal activity.
27 (2) Upon conviction of the first such offense involving a
28 counterfeit substance classified in Schedule I or II which is
29 not a narcotic drug or any counterfeit substance classified in
30 Schedule III, shall be sentenced to imprisonment for not more
19710H0851B1546 - 52 -
1 than five years, or fined not exceeding ten thousand dollars
2 ($10,000), or both and upon the second and subsequent such
3 offense, he shall be sentenced to imprisonment for not more than
4 ten years, or fined not exceeding twenty thousand dollars
5 ($20,000), or both.
6 (3) Upon conviction of the first such offense involving a
7 counterfeit substance classified in Schedule IV, such person
8 shall be sentenced to imprisonment for not more than three
9 years, or fined not exceeding seven thousand five hundred
10 dollars ($7,500), or both and upon conviction of the second and
11 subsequent such offense, he shall be sentenced to imprisonment
12 for not more than six years, or fined not exceeding fifteen
13 thousand dollars ($15,000), or both.
14 (4) Upon conviction of the first such offense involving a
15 counterfeit substance classified in Schedule V, such person
16 shall be sentenced to imprisonment for not more than one year,
17 or fined not exceeding five thousand dollars ($5,000), or both
18 and upon conviction of the second and subsequent such offense,
19 he shall be sentenced to imprisonment for not more than two
20 years, or fined not exceeding ten thousand dollars ($10,000), or
21 both.
22 (h) Any person who acquires a controlled drug or CONTROLLED <--
23 dangerous substance in violation of this act with intent to
24 distribute, administer, or dispense it in accordance with this
25 act, or who acquires a controlled drug or CONTROLLED dangerous <--
26 substance in violation of this act and distributes, administers,
27 or dispenses it in accordance with this act, shall be guilty of
28 a felony, and shall, on conviction thereof, be punished only as
29 follows:
30 (1) Upon conviction of the first such offense involving a
19710H0851B1546 - 53 -
1 controlled drug or CONTROLLED dangerous substance classified in <--
2 Schedule I or II which is a narcotic drug, such person shall be
3 sentenced to imprisonment for not more than four years, or fined
4 not exceeding twenty thousand dollars ($20,000), or have his
5 license suspended for not exceeding six months, or any of these
6 and upon conviction of the second and subsequent such offense,
7 he shall be sentenced to imprisonment for not more than ten
8 years, or fined not exceeding fifty thousand dollars ($50,000),
9 or have his license suspended or revoked, or any of these.
10 (2) Upon conviction of the first such offense involving a
11 controlled drug or CONTROLLED dangerous substance classified in <--
12 Schedule I or II which is not a narcotic drug and any controlled
13 drug or CONTROLLED dangerous substance classified in Schedule <--
14 III, such person shall be sentenced to imprisonment for not more
15 than three years, or fined not exceeding fifteen thousand
16 dollars ($15,000), or have his license suspended for not
17 exceeding four months, or any of these and upon conviction of
18 the second and subsequent such offense, he shall be sentenced to
19 imprisonment for not more than eight years, or fined not
20 exceeding thirty thousand dollars ($30,000), or have his license
21 suspended or revoked, or any of these.
22 (3) Upon conviction of the first such offense involving a
23 controlled drug or CONTROLLED dangerous substance classified in <--
24 Schedule IV, such person shall be sentenced to imprisonment for
25 not more than two years, or fined not exceeding ten thousand
26 dollars ($10,000), or have his license suspended for not
27 exceeding three months, or any of these and upon conviction of
28 the second and subsequent such offense, he shall be sentenced to
29 imprisonment for not more than six years, or fined not exceeding
30 twenty thousand dollars ($20,000), or have his license suspended
19710H0851B1546 - 54 -
1 or revoked, or any of these.
2 (4) Upon conviction of the first such offense involving a
3 controlled drug or CONTROLLED dangerous substance classified in <--
4 Schedule V, such person shall be sentenced to imprisonment for
5 not more than one year, or fined not exceeding five thousand
6 dollars ($5,000), or have his license suspended for not
7 exceeding two months, or any of these and upon conviction of the
8 second and subsequent offense, he shall be sentenced to
9 imprisonment for not more than four years, or fined not
10 exceeding ten thousand dollars ($10,000), or have his license
11 suspended or revoked, or any of these.
12 (i) Any person who prescribes, administers, dispenses, or
13 investigates a controlled drug or CONTROLLED dangerous substance <--
14 in violation of this act shall be guilty of a misdemeanor for
15 the first and second offense and shall be guilty of a felony for
16 the third and subsequent offense and shall, on conviction
17 thereof, be punished as follows:
18 (1) Upon conviction of the first and second such offense
19 involving a controlled drug or CONTROLLED dangerous substance <--
20 classified in Schedule I or II which is a narcotic drug, such
21 person shall be sentenced to imprisonment for not more than one
22 year, or fined not more than five thousand dollars ($5,000), or
23 have his license suspended for not exceeding three months, or
24 any of these and upon conviction of the third and subsequent
25 such offense he shall be sentenced to imprisonment for not more
26 than ten years, or fined not exceeding thirty thousand dollars
27 ($30,000), or have his license suspended or revoked, or any of
28 these.
29 (2) Upon conviction of the first and second such offense
30 involving a controlled drug or CONTROLLED dangerous substance <--
19710H0851B1546 - 55 -
1 classified in Schedule I or II which is not a narcotic drug, and
2 any controlled DRUG or CONTROLLED dangerous substance classified <--
3 in Schedule III, such person shall be sentenced to imprisonment
4 for not more than six months, or fined not more than three
5 thousand dollars ($3,000), or have his license suspended for not
6 exceeding two months, or any of these and upon conviction of the
7 third and subsequent such offense he shall be sentenced to
8 imprisonment for not more than eight years, or fined not
9 exceeding eighteen thousand dollars ($18,000), or have his
10 license suspended or revoked, or any of these.
11 (3) Upon conviction of the first and second such offense
12 involving a controlled drug or CONTROLLED dangerous substance <--
13 classified in Schedule IV, such person shall be sentenced to
14 imprisonment for not more than three months, or fined not
15 exceeding two thousand dollars ($2,000), or have his license
16 suspended for not exceeding one month, or any of these and upon
17 conviction of the third and subsequent such offense he shall be
18 sentenced to imprisonment for not more than six years, or fined
19 not exceeding twelve thousand dollars ($12,000), or have his
20 license suspended or revoked, or any of these.
21 (4) Upon conviction of the first and second such offense
22 involving a controlled drug or CONTROLLED dangerous substance <--
23 classified in Schedule V, such person shall be sentenced to
24 imprisonment for not more than two months, or fined not
25 exceeding one thousand dollars ($1,000), or have his license
26 suspended for not exceeding one month, or any of these and upon
27 conviction of the third and subsequent such offense he shall be
28 sentenced to imprisonment for not more than four years, or fined
29 not exceeding six thousand dollars ($6,000), or have his license
30 suspended or revoked, or any of these.
19710H0851B1546 - 56 -
1 (j) Any person who has possession illegally of any
2 controlled drug or CONTROLLED dangerous substance for personal <--
3 use or distribution not for remuneration shall be guilty of a
4 misdemeanor, and shall, on conviction thereof, be punished only
5 as follows:
6 (1) Possession in the First Degree. Any person who in
7 violation of this act possesses a controlled drug or CONTROLLED <--
8 dangerous substance except marihuana for personal use, or who in
9 violation of this act possesses a controlled drug or CONTROLLED <--
10 dangerous substance except marihuana with intent to distribute
11 it but not for remuneration or for the purpose of making another
12 dependent upon the drug or substance, or who in violation of
13 this act distributes a controlled drug or CONTROLLED dangerous <--
14 substance except marihuana but not for remuneration or for the
15 purpose of making another dependent upon the drug or substance,
16 shall be admonished by the court about the seriousness of the
17 violation, or required to complete a course on drug abuse
18 prescribed by the council, or imprisoned not exceeding two
19 years, or fined not exceeding ten thousand dollars ($10,000), or
20 any of these.
21 (2) Possession in the Second Degree. Any person who in
22 violation of this act possesses marihuana for personal use, or
23 who in violation of this act possesses marihuana with intent to
24 distribute it but not for remuneration or for the purpose of
25 introducing another to the drug, or who in violation of this act
26 distributes marihuana but not for remuneration or for the
27 purpose of introducing another to the drug shall be admonished
28 by the court about the seriousness of the violation, or required
29 to complete a prescribed course on drug abuse, or imprisonment
30 not exceeding thirty days, or fined not exceeding five hundred
19710H0851B1546 - 57 -
1 dollars ($500), or any of these.
2 Section 15. Additional Penalties.--Any penalty imposed for
3 violation of this act shall be in addition to, and not in lieu
4 of, any civil or administrative penalty or sanction authorized
5 by law.
6 Section 16. Distribution to Persons Under Age Eighteen.--Any
7 person who is at least eighteen years of age who violates this
8 act by distributing a controlled DANGEROUS substance listed in <--
9 Schedules I or II which is a narcotic drug to a person under
10 eighteen years of age who is at least three years his junior is
11 punishable by a term of imprisonment up to twice that otherwise
12 authorized by subsection (f) of section 14 of this act, in
13 addition to any fine authorized by this act. Any person who is
14 at least eighteen years of age who violates this act by
15 distributing any other controlled drug or CONTROLLED dangerous <--
16 substance listed in Schedules I, II, III, IV and V to a person
17 under eighteen years of age who is at least three years his
18 junior is punishable by a term of imprisonment up to twice that
19 authorized by subsection (f) of section 14 of this act, in
20 addition to any fine authorized by this act. Imposition or
21 execution of such sentence shall not be suspended and probation
22 shall not be granted.
23 Section 17. Enforcement Provisions.--The following
24 guidelines shall be applicable in the enforcement of any
25 penalties imposed by this act:
26 (1) No publisher, radio broadcast licensee, or agency or
27 medium for the dissemination of an advertisement, except the
28 manufacturer, distributor or seller of the article to which a
29 false advertisement relates, shall be liable under section 14 of
30 this act by reason of the dissemination by him of such false
19710H0851B1546 - 58 -
1 advertisement unless he has refused on the request of the
2 secretary to furnish the secretary with the name and post office
3 address of the manufacturer, distributor, seller or advertising
4 agency who causes him to disseminate such advertisement or
5 unless he publishes such advertisement knowing or having good
6 cause to know that it is false or otherwise in violation of the
7 law.
8 (2) For purposes of this section, any adjudication of
9 violation or conviction under any Federal or State law or of any
10 ordinance of any political subdivision relating to any
11 controlled drug or substance other than a juvenile violation,
12 shall constitute a prior offense if it related to the type of
13 conduct against which a subsequent offense is directed.
14 (3) Any penalty relating to license suspension or revocation
15 shall be executed by the appropriate licensing agency upon
16 receipt of a court order setting forth the penalty.
17 (4) No person shall be convicted of an offense under section
18 14 of this act unless he knew with respect to each element of
19 the offense that he was engaged in the act or omission
20 prescribed, but knowledge that the act or omission constituted a
21 civil or criminal offense shall not be required for conviction.
22 (5) Imprisonment may be imposed for failure to pay all or
23 any part of a fine imposed under this section only when the
24 offender does not show that such failure is caused by indigence
25 or a lack of sufficient funds.
26 (6) All fines collected under this section shall be utilized
27 for the treatment and rehabilitation services established by
28 law.
29 (7) The probation or parole or other conditional release of
30 any drug abuser or drug dependent person convicted of an offense
19710H0851B1546 - 59 -
1 under this act or of any other offense may be conditioned on the
2 person's agreement to periodic urine analyses. Neither a relapse
3 into drug abuse one or more times or the failure to conform to a
4 set schedule for rehabilitation, or both, shall be sufficient in
5 themselves to require that his status be revoked or treatment
6 denied.
7 (8) The court without a jury shall hold a full and fair
8 hearing for the purpose of setting the amount of any fine
9 pursuant to this section, during which the district attorney and
10 the defendant may introduce evidence. The defendant shall be
11 permitted to cross-examine any adverse witness or rebut any
12 adverse evidence. The amount of any fine set by the court shall
13 be supported by substantial evidence.
14 (9) A person may be entitled to probation without verdict
15 under the following circumstances:
16 (i) A person who has not previously been convicted of an
17 offense relating to a controlled drug or CONTROLLED dangerous <--
18 substance under any law of this Commonwealth, the United States,
19 or any other state, shall be eligible for probation without
20 verdict if he pleads nolo contendere or guilty to, or is found
21 guilty of, any offense under this act. The court may, without
22 entering a judgment, and with the consent of such person, defer
23 further proceedings and place him on probation for a specific
24 time period upon such reasonable terms and conditions as it may
25 require. Probation without verdict shall not be available to any
26 such person who is charged with a trafficking offense involving
27 distribution of a controlled drug or CONTROLLED dangerous <--
28 substance at wholesale or distribution at retail of any
29 controlled drug or CONTROLLED dangerous substance as part of an <--
30 organized professional system.
19710H0851B1546 - 60 -
1 (ii) Upon violation of a term or condition of probation, the
2 court may enter a judgment and proceed as in any criminal case,
3 or may continue the probation without verdict.
4 (iii) Upon fulfillment of the terms and conditions of
5 probation, the court shall discharge such person and dismiss the
6 proceedings against him. Discharge and dismissal shall be
7 without adjudication of guilt and shall not constitute a
8 conviction for any purpose whatever: Provided, That probation
9 without verdict shall be available to any person only once.
10 Section 18. Offenses by a Corporation, Copartnership or
11 Association.--If any violation of the provisions of this act is
12 by a corporation, copartnership or association, the officers and
13 directors of such corporation or the members of such
14 copartnership or association, the agents and employes with prior
15 guilty knowledge of the fact, shall be deemed guilty of a
16 violation of the provisions of this act to the same extent as
17 though said violation were committed by them personally.
18 Section 19. Expunging Criminal Records.--(a) Any arrest for
19 a criminal offense under this act or under the provisions
20 previously governing narcotics and dangerous drugs or substances
21 in the Commonwealth of Pennsylvania, or any political
22 subdivision thereof, shall promptly be expunged from the
23 person's public arrest and other public criminal records when
24 the charges are withdrawn or dismissed or the person is
25 acquitted of the charges.
26 (b) Any conviction of a criminal offense under this act or
27 under the provisions previously governing narcotics and
28 dangerous drugs or substances in the Commonwealth of
29 Pennsylvania or any political subdivision thereof may be
30 expunged from all public criminal records by a court upon the
19710H0851B1546 - 61 -
1 filing of a petition supported by substantial evidence of good
2 conduct since the petitioner's conviction. Copies of the
3 petition shall be served on the Attorney General and the
4 district attorney, who shall be responsible for consulting other
5 appropriate public agencies and departments. If a district
6 attorney files a motion to dismiss the petition within sixty
7 days, the court, without a jury, shall hold a full and fair
8 hearing before ruling on the issue. The petitioner shall have
9 the right to cross-examine any adverse witness or rebut any
10 adverse evidence. The proceeding shall be private. The petition
11 shall be granted if supported by substantial evidence of good
12 conduct since the petitioner's conviction unless the court
13 finds, on the basis of evidence of record, good cause not to
14 accept the petitioner's allegations of good conduct. The
15 petition may be filed and heard only after the following time
16 lapses:
17 (1) For a conviction for trafficking in the third degree or
18 possession in the second degree, or any offense under prior law
19 that would not come within any of these provisions, after two
20 years from the date or release from a penal institution or from
21 the date of conviction if not sent to a penal institution.
22 (2) For a conviction for possession in the first degree, or
23 any offense under prior law that would not come within any of
24 these provisions, after three years from the date of release
25 from a penal institution or from the date of conviction if not
26 sent to a penal institution.
27 (3) For a conviction for any other offense under this act,
28 or any offense under prior law that would now come within any of
29 these provisions, or any offense under prior law governing
30 narcotics and controlled drugs or CONTROLLED dangerous <--
19710H0851B1546 - 62 -
1 substances that would not now come within any of these
2 provisions, after three years from the date of release from a
3 penal institution or from the date of conviction if not sent to
4 a penal institution.
5 (c) Any expunged arrest or conviction shall not thereafter
6 be regarded as an arrest or conviction for the purpose of any
7 statute or regulation or license or questionnaire or any other
8 public or private purpose: Provided, That it shall continue to
9 constitute an offense for purposes of any criminal statute under
10 which the existence of a prior conviction is relevant to the
11 penalty to be imposed. No person shall be permitted to learn of
12 an expunged arrest or conviction, or of the expungement, by any
13 means whatever: Provided, That the judiciary, court personnel,
14 and district attorneys may learn of an expunged arrest or
15 conviction, and of the expungement, where it becomes relevant to
16 a penalty to be imposed in a subsequent case. Any person who
17 seeks or divulges such information in violation of this
18 subsection shall be guilty of a misdemeanor, and shall, upon
19 conviction thereof be punished by imprisonment not exceeding
20 ninety days, or a fine not exceeding one thousand dollars
21 ($1,000), or both.
22 Section 20. Burden of Proving Exemptions.--In any
23 prosecution under this act, it shall not be necessary to negate
24 any of the exemptions of this act in any complaint, information
25 or indictment. The burden of proving any exemption under this
26 act shall be upon the defendant.
27 Section 21. Revocation of Licenses of Practitioners.--(a)
28 Any license heretofore issued to any physician, dentist,
29 veterinarian, pharmacist or registered nurse may be either <--
30 revoked or suspended by the proper officers or boards having
19710H0851B1546 - 63 -
1 power to issue licenses to any of the foregoing, upon proof that
2 the licensee is addicted to the use of any narcotic drugs, after
3 giving such licensee reasonable notice and opportunity to be
4 heard.
5 (b) The appropriate licensing boards in the Department of
6 Education STATE are hereby authorized to revoke or suspend the <--
7 registration or license of any physician, surgeon, dentist,
8 veterinarian, pharmacist or nurse, when such person has pleaded
9 guilty or nolo contendere or has been found guilty by a judge or
10 jury of violating any State or Federal law pertaining to the
11 sale, use or distribution of narcotics. Before any such
12 revocation or suspension, the licensee or registrant shall be
13 given a hearing before the appropriate board. At such hearing
14 the accused may be represented by counsel and shall be entitled
15 to compulsory attendance of witnesses.
16 Section 22. Administrative Inspections and Warrants.--(a) As
17 used in this section, the term "controlled premises" means:
18 (1) Places where original or other records or documents
19 required under this act are kept or required to be kept; and
20 (2) Places, including factories, warehouses, or other
21 establishments, and conveyances, where persons registered under
22 section 6 (or exempted from registration under section 6) may
23 lawfully hold, manufacture, or distribute, dispense, administer
24 or otherwise dispose of controlled DANGEROUS substances. <--
25 (b) (1) For the purpose of inspecting, copying, and
26 verifying the correctness of records, reports, or other
27 documents required to be kept or made under this act and
28 otherwise facilitating the carrying out of his functions under
29 this act, the Secretary of Health is authorized, in accordance
30 with this section, to enter controlled premises and to conduct
19710H0851B1546 - 64 -
1 administrative inspections thereof, and of the things specified
2 in this section, relevant to those functions.
3 (2) Such entries and inspections shall be carried out
4 through officers or employes (hereinafter referred to as
5 "agents") designated by the secretary. Any such agent upon
6 stating his purpose and presenting to the owner, operator, or
7 agent in charge of such premises (i) appropriate credentials and
8 (ii) a written notice of his inspection authority (which notice
9 in the case of an inspection requiring, or in fact supported by,
10 an administrative inspection warrant shall consist of such
11 warrant), shall have the right to enter such premises and
12 conduct such inspection at reasonable times.
13 (3) Except as may otherwise be indicated in an applicable
14 inspection warrant, the agent shall have the right: (i) to
15 inspect and copy records, reports, and other documents required
16 to be kept or made under this act; (ii) to inspect, within
17 reasonable limits and in a reasonable manner, controlled
18 premises and all pertinent equipment, finished and unfinished
19 drugs and other substances or materials, containers, and
20 labeling found therein, and, except as provided in clause (5) of
21 this subsection, all other things therein (including records,
22 files, papers, processes, controls, and facilities) appropriate
23 for verification of the records, reports, and documents referred
24 to in subclause (i) or otherwise bearing on the provisions of
25 this act; and (iii) to inventory any stock of any controlled
26 substance therein and obtain samples of any such substance.
27 (4) Except when the owner, operator, or agent in charge of
28 the controlled premises so consents in writing, no inspection
29 authorized by this section shall extend to: (i) financial data;
30 (ii) sales data other than shipment data; or (iii) pricing data.
19710H0851B1546 - 65 -
1 (c) A warrant under this section shall not be required for
2 the inspection of books and records pursuant to an
3 administrative subpoena issued in accordance with any provisions
4 of any Act of Assembly nor for entries and administrative
5 inspections (including seizures of property):
6 (1) With the consent of the owner, operator, or agent in
7 charge of the controlled premises;
8 (2) In situations presenting imminent danger to health or
9 safety;
10 (3) In situations involving inspection of conveyances where
11 there is reasonable cause to believe that the mobility of the
12 conveyance makes it impracticable to obtain a warrant;
13 (4) In any other exceptional or emergency circumstance where
14 time or opportunity to apply for a warrant is lacking; or
15 (5) In any other situations where a warrant is not
16 constitutionally required.
17 (d) Issuance and execution of administrative inspection
18 warrants shall be as follows:
19 (1) Any judge of a Commonwealth court of record, may, within
20 his territorial jurisdiction, and upon proper oath or
21 affirmation showing probable cause, issue warrants for the
22 purpose of conducting administrative inspections authorized by
23 this act or regulations thereunder, and seizures of property
24 appropriate to such inspections. For the purposes of this
25 section, the term "probable cause" means a valid public interest
26 in the effective enforcement of this act or regulations
27 thereunder sufficient to justify administrative inspections of
28 the area, premises, building, or conveyance, or contents
29 thereof, in the circumstances specified in the application for
30 the warrant.
19710H0851B1546 - 66 -
1 (2) A warrant shall issue only upon an affidavit of an
2 officer or employe having knowledge of the facts alleged, sworn
3 to before the judge and establishing the grounds for issuing the
4 warrant. If the judge is satisfied that grounds for the
5 application exist or that there is probable cause to believe
6 they exist, he shall issue a warrant identifying the area,
7 premises, building, or conveyance to be inspected, the purpose
8 of such inspection, and, where appropriate, the type of property
9 to be inspected, if any. The warrant shall identify the items or
10 types of property to be seized, if any. The warrant shall be
11 directed to a person authorized under subsection (b) (2) to
12 execute it. The warrant shall state the grounds for its issuance
13 and the name of the person or persons whose affidavit has been
14 taken in support thereof. It shall command the person to whom it
15 is directed to inspect the area, premises, building, or
16 conveyance identified for the purpose specified, and, where
17 appropriate, shall direct the seizure of the property specified.
18 The warrant shall direct that it be served during normal
19 business hours. It shall designate the judge to whom it shall be
20 returned.
21 (3) A warrant issued pursuant to this section must be
22 executed and returned within ten days of its date unless, upon a
23 showing by the Secretary of Health of a need therefor, the judge
24 allows additional time in the warrant. If property is seized
25 pursuant to a warrant, the person executing the warrant shall
26 give to the person from whom or from whose premises the property
27 was taken a copy of the warrant and a receipt for the property
28 taken or shall leave the copy and receipt at the place from
29 which the property was taken. The return of the warrant shall be
30 made promptly and shall be accompanied by a written inventory of
19710H0851B1546 - 67 -
1 any property taken. The inventory shall be made in the presence
2 of the person executing the warrant and of the person from whose
3 possession or premises the property was taken, if they are
4 present, or in the presence of at least one credible person
5 other than the person making such inventory, and shall be
6 verified by the person executing the warrant. The judge upon
7 request, shall deliver a copy of the inventory to the person
8 from whom or from whose premises the property was taken and to
9 the applicant for the warrant.
10 (4) The judge who has issued a warrant under this section
11 shall attach to the warrant a copy of the return and all papers
12 filed in connection therewith and shall file them with the clerk
13 of the court for the judicial district in which the inspection
14 was made.
15 Section 23. Injunctive Relief.--In addition to the remedies
16 provided herein, the secretary is hereby authorized to apply to
17 the court of common pleas in the county in which such violation
18 occurs or to the Commonwealth Court for, and such court shall
19 have jurisdiction to grant, a temporary or permanent injunction
20 restraining any person from continued violation of any provision
21 of this act irrespective of the existence of an adequate remedy
22 at law.
23 Section 24. Cooperation With Other Authorities.--The
24 agencies charged with the enforcement of this act shall actively
25 cooperate and coordinate with the agencies charged with the
26 enforcement of all Federal and State laws relating to the
27 regulation of the distribution of controlled drugs or dangerous
28 substances.
29 Section 25. Embargo and Seizure.--(a) Whenever a duly
30 authorized agent of the secretary finds or has probable cause to
19710H0851B1546 - 68 -
1 believe that any drug, device or cosmetic is adulterated or
2 misbranded or contraband, the same shall be deemed subject to
3 embargo and he shall affix to such article or articles a tag or
4 other appropriate marking, approved by the secretary, giving
5 notice that such article is or is suspected of being
6 adulterated, misbranded or contraband and warning all persons
7 not to remove or dispose of such article or articles until
8 permission so to do has been granted by such agent, or until it
9 shall have determined by proper authority that such article or
10 articles are not adulterated, misbranded or contraband. At the
11 time such notice is offered, the agent shall provide the person
12 in charge of such articles, if any, or the owner, if he is
13 known, a statement in writing, setting forth both the basis for
14 the embargo and supporting facts.
15 (b) When an article or articles is detained or embargoed
16 under subsection (a), the secretary shall serve within three
17 days from the date of such embargo a citation upon the claimant
18 thereof or owner, if he is known, setting forth both the basis
19 for the embargo and supporting facts and fixing a date for a
20 hearing not later than ten days from the date of service of said
21 citation at which a hearing examiner, appointed under the
22 authority of section 27, will receive evidence pertaining to the
23 alleged offense. Unless postponed by mutual consent, failure to
24 serve a citation or commence hearings within the time herein
25 specified shall operate to void such embargo.
26 (c) If, after hearing, the examiner is satisfied from the
27 evidence presented that a detained or embargoed article is
28 adulterated, misbranded or contraband, he shall, within five
29 days of the conclusion of the hearing, order such article or
30 articles destroyed at the expense of the claimant thereof under
19710H0851B1546 - 69 -
1 supervision of an agent of the secretary: Provided, That when
2 the embargo is based on an adulteration or misbranding which can
3 be corrected by proper labeling or processing of the article,
4 the examiner, after entry of the order and after such costs,
5 fees and expenses have been paid and a good and sufficient bond
6 conditioned that such article shall be so labeled or processed
7 has been executed, may by order direct that such article be
8 released to the claimant thereof for such labeling or processing
9 under the supervision of an agent of the secretary. The expense
10 of such supervision, if any, shall be paid by the claimant. Such
11 article shall be released to the claimant of the article when
12 the article is no longer in violation of this act and the
13 expenses of such supervision have been paid.
14 (d) If no claimant shall appear to defend such proceedings,
15 the hearing examiner may order the embargoed articles destroyed
16 or distributed to a nonprofit institution.
17 Section 26. Forfeiture.--(a) The following shall be subject
18 to forfeiture to the Commonwealth and no property right shall
19 exist in them:
20 (1) All controlled paraphernalia which have been
21 manufactured, distributed, dispensed, or acquired in violation
22 of this act.
23 (2) All raw materials, products, and equipment of any kind
24 which are used, or intended for use in manufacturing,
25 compounding, processing, delivering, importing, or exporting any
26 controlled DANGEROUS substance in violation of this act. <--
27 (3) All property which is used, or intended for use, as a
28 container for property described in clause (1) or (2) of this
29 subsection.
30 (4) All conveyances, including aircraft, vehicles, or
19710H0851B1546 - 70 -
1 vessels, which are used or are intended for use, to transport,
2 or in any manner to facilitate the transportation, sale,
3 receipt, possession, or concealment of property described in
4 clause (1) or (2) except that:
5 (i) no conveyance used by any person as a common carrier in
6 the transaction of business as a common carrier shall be
7 forfeited under the provisions of this section unless it shall
8 appear that the owner or other person in charge of such
9 conveyance was a consenting party or privy to a violation of
10 this title; and
11 (ii) no conveyance shall be forfeited under the provisions
12 of this section by reason of any act or omission established by
13 the owner thereof to have been committed or omitted without his
14 knowledge or consent.
15 (III) NO PERFECTED SECURITY INTEREST RETAINED OR ACQUIRED <--
16 UNDER THE UNIFORM COMMERCIAL CODE BY ANY MERCHANT DEALING IN NEW
17 OR USED AIRCRAFT, VEHICLES OR VESSELS, OR RETAINED OR ACQUIRED
18 BY ANY LICENSED OR REGULATED FINANCE COMPANY, BANK, LENDING
19 INSTITUTION, OR BY ANY OTHER BUSINESS REGULARLY ENGAGED IN THE
20 FINANCING OF, OR LENDING ON THE SECURITY OF, SUCH AIRCRAFT,
21 VEHICLES OR VESSELS, SHALL BE SUBJECT TO FORFEITURE OR
22 IMPAIRMENT UNDER THE PROVISIONS OF THIS SUBHEADING.
23 (5) All books, records, and research, including formulas,
24 microfilm, tapes and data which are used, or intended for use,
25 in violation of this act.
26 (b) Property subject to forfeiture under this act may be
27 seized by the law enforcement authority upon process issued by
28 any court of common pleas having jurisdiction over the property.
29 Seizure without process may be made if:
30 (1) The seizure is incident to an arrest or a search under a
19710H0851B1546 - 71 -
1 search warrant or inspection under an administrative inspection
2 warrant;
3 (2) The property subject to seizure has been the subject of
4 a prior judgment in favor of the Commonwealth in a criminal
5 injunction or forfeiture proceeding under this act;
6 (3) There is probable cause to believe that the property is
7 directly or indirectly dangerous to health or safety; or
8 (4) There is probable cause to believe that the property has
9 been used or is intended to be used in violation of this act.
10 (c) In the event seizure without process occurs, as provided
11 herein, proceedings for the issuance thereof shall be instituted
12 promptly.
13 (d) Property taken or detained under this section shall not
14 be subject to replevin, but is deemed to be in the custody of
15 the law enforcement authority subject only to the orders and
16 decrees of the court of common pleas having jurisdiction over
17 the forfeiture proceedings. When property is seized under this
18 act, the law enforcement authority may:
19 (1) Place the property under seal;
20 (2) Remove the property to a place designated by it; or
21 (3) Require that the proper administrative authority take
22 custody of the property and remove it to an appropriate location
23 for disposition in accordance with law.
24 (e) Whenever property is forfeited under this act, the law
25 enforcement authority may:
26 (1) Retain the property for official use;
27 (2) Sell any forfeited property which is not required to be
28 destroyed by law and which is not harmful to the public, but the
29 proceeds from any such sale shall be used to pay all proper
30 expenses of the proceedings for forfeiture and sale including
19710H0851B1546 - 72 -
1 expenses of seizure, maintenance of custody, advertising and
2 court costs;
3 (3) Require that the appropriate administrative agency take
4 custody of the property and remove it for disposition in
5 accordance with law; or
6 (4) Forward it to the council, or its successor agency, for
7 disposition.
8 (F) PROCEDURE WITH RESPECT TO SEIZED PROPERTY SUBJECT TO <--
9 LIENS AND RIGHTS OF LIENHOLDERS:
10 (1) NOTIFICATION OF OWNER OF CONFISCATED VEHICLE, VESSEL OR
11 AIRCRAFT. THE PERSON OR GOVERNMENTAL AGENCY THAT SEIZED SAID
12 PROPERTY SHALL NOTIFY THE REGISTERED OWNER AND LIENHOLDER, WHERE
13 POSSIBLE, AND SHALL PUBLISH NOTICE IN A NEWSPAPER OF GENERAL
14 CIRCULATION IN THE COUNTY OR THE CITY, WHERE SEIZED, OF ANY
15 VEHICLE, VESSEL OR AIRCRAFT CONFISCATED UNDER THIS SUBHEADING,
16 INFORMING INTERESTED PERSONS OF THE SEIZURE AND RIGHT TO FILE A
17 CLAIM PROTESTING THE CONFISCATION OF SAID VEHICLE, VESSEL OR
18 AIRCRAFT.
19 (2) CLAIM FOR RETURN OF CONFISCATED PROPERTY. ANY LAWFUL
20 LIENHOLDER, OR OTHER PERSON SHOWING A LEGAL RIGHT, TITLE OR
21 INTEREST IN A VEHICLE, VESSEL OR AIRCRAFT, CONFISCATED PURSUANT
22 TO THIS SUBTITLE MAY, WITHIN THIRTY DAYS OF PUBLICATION OF
23 NOTICE FILE A CLAIM PROTESTING SUCH SEIZURE WITH THE COURT OR
24 WITH THE PERSON OR GOVERNMENTAL AGENCY HAVING JURISDICTION
25 THEREOF. WHEN SUCH A CLAIM IS FILED, THE COURT OF COMMON PLEAS
26 OF THE COUNTY WHEREIN THE PROPERTY WAS CONFISCATED, SHALL
27 PROCEED IN REM TO HEAR AND DETERMINE THE QUESTION OF FORFEITURE.
28 (3) RIGHTS OF LIENHOLDERS. IF THE COURT DETERMINES ANY
29 PROPERTY IS SUBJECT TO FORFEITURE IT SHALL ALSO DETERMINE
30 WHETHER ANY LAWFUL LIENHOLDER WHO HAS FILED A TIMELY CLAIM AND
19710H0851B1546 - 73 -
1 PROTEST HAD KNOWLEDGE OF SUCH INTENDED UNLAWFUL USE. IF THE
2 COURT SHALL FIND SUCH KNOWLEDGE THEN THE LIENHOLDER'S RIGHT,
3 TITLE AND INTEREST TO THE PROPERTY SHALL LIKEWISE BE DEEMED
4 FORFEITED. IF THE COURT DOES NOT FIND SUCH KNOWLEDGE AND THE
5 PROPERTY IS OTHERWISE SUBJECT TO FORFEITURE, IT SHALL BE
6 FORFEITED AND THE PERSON OR AGENCY HAVING CUSTODY OF SUCH
7 PROPERTY SHALL EITHER PAY THE OUTSTANDING INDEBTEDNESS SECURED
8 BY SUCH LAWFUL LIEN AND KEEP THE PROPERTY OR DELIVER THE
9 PROPERTY TO THE SAID LIENHOLDER.
10 Section 27. Hearing Examiners.--(a) The secretary shall
11 appoint, with the approval of the Governor, such hearing
12 examiners as shall be necessary to conduct hearings as provided
13 in section 25.
14 (b) Hearing examiners appointed under this act shall have
15 the power to issue subpoenas requiring the attendance and
16 testimony of, or the production of, pertinent books and papers
17 by persons whom they believe to have information relevant to any
18 matter pending before him. Such examiner shall also have the
19 power to administer oaths.
20 (c) Any person who refuses to obey a subpoena issued
21 hereunder or to be sworn or affirmed or to testify, or who is
22 guilty of any contempt after summons to appear, may be punished
23 as for contempt of court. For this purpose, an application may
24 be made by the examiner to the court of common pleas within the
25 territorial jurisdiction of which the offense was committed for
26 which purpose such court is hereby given jurisdiction.
27 (d) In any action or proceeding before him, the hearing
28 examiner may assess all costs incurred in connection with the
29 prosecution of such proceeding, including investigative and
30 laboratory costs incurred by the Commonwealth, against
19710H0851B1546 - 74 -
1 respondent in such proceeding; such costs to be in addition to
2 any other penalty imposed and to be retained by the Department
3 of Health and applied to cost to the department administering
4 this act.
5 (e) Hearings shall be conducted under the provisions of the
6 Administrative Agency Law, as amended, and subject to such other
7 rules and regulations not inconsistent therewith as the
8 secretary may provide and any person aggrieved by any action of
9 the hearing examiner may appeal in accordance with the
10 provisions of the Administrative Agency Law, as amended.
11 Section 28. Board Creation.--(a) There is hereby created
12 within the Department of Health a departmental administrative
13 board to be known as the "Pennsylvania Drug, Device and Cosmetic
14 Board."
15 (b) The board shall consist of the Secretary of Health, his
16 successors in office, and nine TEN additional members whom the <--
17 Governor shall appoint, by and with the advice and consent of
18 two-thirds of all the members of the Senate. Of the members: one
19 shall be a physician, one a dentist, one a veterinarian, ONE A <--
20 PSYCHOLOGIST and one a pharmacist, each of whom shall be duly
21 licensed in their respective professions by the Commonwealth;
22 one shall be a biochemist and one shall be a pharmacologist,
23 each of whom shall have earned an advanced degree in that field
24 from an institution of higher learning and shall have been
25 engaged as such for three years in this State; one shall be a
26 manufacturer registered to manufacture drugs or an employe
27 thereof; and the two remaining persons shall be members of the
28 general public not engaged in any of the aforementioned
29 professional fields, who shall be citizens of this State. Two
30 members initially shall serve for terms of one, two, three and
19710H0851B1546 - 75 -
1 four years, respectively, the particular term of each to be
2 designated by the Governor at the time of appointment. Any
3 additional member, the appointment of whom is authorized by
4 amending act, shall serve for a term of four years. The terms of
5 all their successors shall be four years each, except that any
6 person appointed to fill a vacancy shall serve only for the
7 unexpired term. Every member's term shall extend until his
8 successor is appointed and qualified. Any appointed member of
9 the board shall be eligible for reappointment. Each member of
10 the board shall receive compensation at a rate of thirty dollars
11 ($30) per diem in addition to expenses incurred when actually
12 engaged in official meetings or otherwise in the performance of
13 their official duties as directed by the chairman.
14 (c) The Secretary of Health, or his designate, shall serve
15 as chairman of the board. A majority of the members shall
16 constitute a quorum for the purpose of organizing the board,
17 conducting its business, and exercising all of its powers. A
18 vote of the majority of the members present shall be sufficient
19 for all actions of the board unless the bylaws require a greater
20 number.
21 (d) The board shall have the power to prescribe, amend and
22 repeal bylaws, rules and regulations governing the manner in
23 which the business of the body is conducted and the manner in
24 which the powers granted to it are exercised. The board may
25 delegate supervision of the administration of board activities
26 to an administrative secretary and such other employes as the
27 Secretary of Health shall appoint.
28 (e) The board shall have the power to do all things
29 necessary or convenient to carry out the powers granted to it by
30 this act.
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1 (f) The board may, for the authentication of its records,
2 process and proceedings, adopt, keep and use a common seal of
3 which seal judicial notice shall be taken in all courts of this
4 Commonwealth and any process, writ, notice or other document,
5 which the board may be authorized by law to issue, shall be
6 deemed sufficient if signed by the chairman or secretary of the
7 board and authenticated by such seal. All acts, proceedings,
8 orders, papers, findings, minutes and records of the board, and
9 all reports and documents filed with the board, may be proved in
10 any court of this Commonwealth by a copy thereof certified to by
11 the chairman or secretary of the board with the seal of the
12 board attached.
13 (g) In order to enable the board to carry out the provisions
14 of this act, including its power to advise the secretary on
15 various matters, it shall have the power to issue subpoenas,
16 requiring the attendance and testimony of, or the production of,
17 pertinent books and papers by persons whom the board believes to
18 have information, books or papers of importance to it in
19 carrying out the purposes and intent of this act. Each member of
20 the board and such officers, employes or others employed in the
21 work of the board designated by the chairman of the board also
22 shall have the power to administer oaths and affirmations, to
23 question witnesses thereunder, and to examine such books and
24 papers. The board may issue commissions, letters rogatory, or
25 other appropriate processes outside the Commonwealth.
26 (h) Any person who refuses to obey a subpoena issued
27 hereunder, or to be sworn or affirmed, or to testify, or who is
28 guilty of any contempt after summons to appear, may be punished
29 as for contempt of court. For this purpose an application may be
30 made by the board to the court of common pleas within the
19710H0851B1546 - 77 -
1 territorial jurisdiction of which the offense was committed, for
2 which purpose, such court is hereby given jurisdiction.
3 Section 29. Persons Authorized to Prescribe Drugs to Remain
4 as Heretofore.--No provision of this act or any rule or
5 regulation promulgated pursuant to this act shall authorize or
6 be construed as authorizing any person to prescribe drugs who is
7 not specifically so authorized under existing law.
8 Section 30. Conformity With Federal Law.--No drug, device or
9 cosmetic shall be deemed to be adulterated or misbranded under
10 this act if such drug, device or cosmetic complies with the
11 applicable Federal act and/or regulations and interpretations
12 issued pursuant thereto, unless the secretary, after
13 consultation with and upon the recommendation of the board,
14 shall have previously promulgated a regulation stating that the
15 applicable provision of the Federal act and/or regulations and
16 interpretations thereof would not be followed.
17 Section 31. Administration of Act.--(a) Except as may be
18 otherwise provided by law, the provisions of this act shall be
19 administered by the Department of Health of the Commonwealth of
20 Pennsylvania. The Secretary of Health is authorized to employ
21 such consultants, assistants, stenographers, clerks and other
22 employes as, in his opinion, may be necessary and to fix their
23 compensation subject to "The Administrative Code of 1929," as
24 amended, act of April 9, 1929 (P.L.177).
25 (b) The secretary is authorized and directed to establish a
26 Bureau of Narcotics Control within the department and to employ
27 therein sufficient law enforcement personnel to act as agents
28 for the purpose of performing the inspection, TRAINING, <--
29 PREVENTION and enforcement duties imposed upon the department by
30 this act.
19710H0851B1546 - 78 -
1 (c) Any officer or employe of the Bureau of Narcotics of the
2 department may:
3 (1) Carry firearms in the performance of his official
4 duties;
5 (2) Execute and serve search warrants, arrest warrants,
6 administrative inspection warrants, subpoenas, and summonses
7 issued under the authority of the Commonwealth;
8 (3) Make arrests without warrant for any offense under this
9 act committed in his presence, or if he has probable cause to
10 believe that the person to be arrested has committed or is
11 committing a violation of this act which may constitute a
12 felony;
13 (4) Make seizures of property pursuant to this act; or
14 (5) Perform other law enforcement duties as the secretary
15 designates.
16 (d) Nothing contained herein shall be deemed to limit the
17 authority of THE BUREAU OF NARCOTICS CONTROL OR the Department <--
18 of Justice OR ANY OTHER LAW ENFORCEMENT AGENCY in dealing with <--
19 law enforcement matters with respect to professional criminals
20 engaged in the unlawful importation, manufacture, sale and
21 production of drugs and controlled dangerous substances nor the
22 authority of the council in performing any duties imposed upon
23 it by the "Pennsylvania Drug, Narcotic and Alcohol Abuse Act of
24 1971."
25 Section 32. Promulgation of Regulations.--(a) The secretary
26 shall have the authority to promulgate in accordance with the
27 provisions of this section AND OF THE ACT OF JULY 31, 1968 (ACT <--
28 NO. 240), KNOWN AS THE "COMMONWEALTH DOCUMENTS LAW" any
29 regulations hereinbefore referred to in this act and such other
30 regulations upon the advice of the board regarding the
19710H0851B1546 - 79 -
1 possession, sale, purchase or manufacture of drugs, devices or
2 cosmetics as may be necessary to aid in the enforcement of this
3 act.
4 (b) (i) Prior to the promulgation, amendment or repeal of
5 any regulation under this act the secretary shall give at least
6 thirty days public notice of his proposed action, and shall
7 afford all interested persons an opportunity to present their
8 views thereon either orally or in writing. As soon as
9 practicable thereafter, the secretary shall either withdraw such
10 proposal or shall promulgate the proposed regulation.
11 (ii) Any person aggrieved by the promulgation, amendment or
12 repeal of a regulation, or by the refusal to promulgate, amend
13 or repeal a regulation, may file objections with the secretary
14 specifying, with particularity, the reason why such action is
15 deemed objectionable and the grounds for such objection. As soon
16 as possible after the filing of objections, the secretary shall
17 hold a public hearing for the purpose of receiving evidence
18 relevant to such objections. As soon as practicable after
19 completion of hearings, the secretary shall issue an appropriate
20 order either confirming, modifying or withdrawing the regulation
21 in question.
22 (iii) Any party to proceedings, conducted pursuant to
23 paragraph (ii) hereof, aggrieved by the order of the secretary,
24 shall have a right of appeal in accordance with the provisions
25 of the Administrative Agency Law, as amended, and such order
26 shall be deemed an "adjudication" as that term is defined and
27 used in the Administrative Agency Law, as amended.
28 Section 33. Administrative Procedure.--The Administrative
29 Agency Law, as amended, shall be applicable in its entirety to
30 the Department of Health in the administration of this act.
19710H0851B1546 - 80 -
1 Section 34. Savings Provision.--The provisions of this act
2 shall not affect any act done, liability incurred, or right
3 accrued or vested, or affect any suit or prosecution pending to
4 enforce any right or penalty or punish any offense under the
5 authority of any Act of Assembly, or part thereof, repealed by
6 this act.
7 Section 35. Severability.--The provisions of this act are
8 severable and, if any provision or part hereof shall be held
9 invalid or unconstitutional or inapplicable to any person or
10 circumstances, such invalidity, unconstitutionality or
11 inapplicability shall not affect or impair the remaining
12 provisions of the act. It is hereby declared to be the
13 legislative intent that this act would have been adopted if such
14 invalid, unconstitutional or inapplicable provision had not been
15 included therein.
16 Section 36. Repeals.--(a) The act of September 26, 1961
17 (P.L.1664), known as "The Drug, Device and Cosmetic Act," is
18 hereby repealed.
19 (b) All other acts, or parts of acts, inconsistent with this
20 act are hereby repealed.
21 Section 37. Effective Date.--This act shall take effect
22 sixty days after the enactment thereof.
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