SENATE AMENDED
PRIOR PRINTER'S NOS. 940, 1546 PRINTER'S NO. 2432
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
SENATOR COPPERSMITH, PUBLIC HEALTH AND WELFARE, IN SENATE,
AS AMENDED, FEBRUARY 1, 1972
AN ACT
1 Relating to the manufacture, sale and possession of CONTROLLED <--
2 SUBSTANCES, OTHER drugs, devices and cosmetics; conferring
3 powers on the courts and the secretary and Department of
4 Health and a newly created Pennsylvania Drug, Device and
5 Cosmetic Board; establishing schedules of controlled drugs <--
6 and dangerous substances; providing penalties; requiring
7 registration of persons engaged in the drug trade and for the
8 revocation or suspension of certain licenses and
9 registrations; and repealing an act.
10 The General Assembly of the Commonwealth of Pennsylvania
1 hereby enacts as follows:
2 Section 1. Short Title.--This act shall be known and may be
3 cited as "The CONTROLLED SUBSTANCE, Drug, Device and Cosmetic <--
4 Act." of 1971." <--
5 Section 2. Definitions.--As used in this act:
6 (1) "Drug" means (i) substances recognized in the official <--
7 United States Pharmacopoeia, official Homeopathic Pharmacopoeia
8 of the United States, or official National Formulary, or any
9 supplement to any of them; and (ii) substances intended for use
10 in the diagnosis, cure, mitigation, treatment or prevention of
11 disease in man or other animals; and (iii) substances (other
12 than food) intended to affect the structure or any function of
13 the body of man or other animals; and (iv) substances intended
14 for use as a component of any substance specified in clause (i),
15 (ii) or (iii), but not including devices or their components,
16 parts or accessories: Provided, That the drug provisions of this
17 act shall not apply to medicated feed intended for and used
18 exclusively as food for animals other than man: And provided
19 further, That the drug provisions as provided in this act shall
20 not apply to such vitamins, minerals and chemicals when used in
21 the processing and manufacture of foods and non-alcoholic
22 beverages specifically permitted under existing State and
23 Federal statutes as food and color additives. The term shall
24 include substances controlled by the secretary under the
25 provisions of sections 3 and 4 of this act.
26 (2) "Device" means instruments, apparatus and contrivances,
27 including their components, parts and accessories, intended (i)
28 for use in the diagnosis, cure, mitigation, treatment or
29 prevention of disease of man or other animals; or (ii) to affect
30 the structure or any function of the body of man or other
19710H0851B2432 - 2 -
1 animals.
2 (3) "Cosmetic" means (i) substances intended to be rubbed,
3 poured, sprinkled or sprayed on, introduced into or otherwise
4 applied to the human body or any part thereof for cleansing,
5 beautifying, promoting attractiveness or altering the
6 appearance, and (ii) substances intended for use as a component
7 of any such substances, except that such term shall not include
8 soap.
9 (4) "Addict" means any individual who habitually uses any
10 narcotic drug so as to endanger the public morals, health,
11 safety or welfare, or who is so far addicted to the use of
12 narcotic drugs as to have lost the power of self-control with
13 reference to his addiction.
14 (5) "Administer" means to transfer or deliver a controlled
15 drug or controlled dangerous substance by a practitioner or his
16 authorized agent, in his presence, to an ultimate user or human
17 research subject by injection, or for inhalation or ingestion,
18 or by any other means involving the actual use of the drug.
19 (6) "Advertisement" means any representation, disseminated
20 in any manner or by any means other than by labeling, for the
21 purpose of inducing or which is likely to induce, directly or
22 indirectly, the purchase and/or use of a drug, device or
23 cosmetic.
24 (7) "Board" means the Pennsylvania Drug, Device and Cosmetic
25 Board.
26 (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
19710H0851B2432 - 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 (9) "Council" means the Governor's Council on Drug,
9 Narcotics and Alcohol Abuse.
10 (10) "Contaminated with filth" means consisting, in whole or
11 in part, of any decomposed, putrid or filthy substance, or
12 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 (11) "Contraband" means any controlled drug or controlled
17 dangerous substance possessed by a person not authorized by law
18 to possess such drug or substance, or obtained or held in a
19 manner contrary to the provisions of this act.
20 (12) "Control" means to add, remove, or change the placement
21 of a drug, substance, or immediate precursor under the
22 provisions of sections 3 and 4 of this act.
23 (13) "Controlled dangerous substance" means a drug,
24 substance or immediate precursor in the schedules set forth in
25 section 4.
26 (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
19710H0851B2432 - 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) "Depressant or stimulant drug" means: (A) a drug which
11 contains any quantity of barbituric acid or any of the salts of
12 barbituric acid; or any derivative of barbituric acid which has
13 been designated by the United States Secretary of Health,
14 Education, and Welfare as habit forming under subsection (d) of
15 section 502 of the "Federal Food, Drug, and Cosmetic Act" (52
16 Stat. 1050; 21 U.S.C. 352 (d)); (B) a drug which contains any
17 quantity of amphetamine or any of its optical isomers; or any
18 salt of amphetamine or any salt of any optical isomer of
19 amphetamine; or any substance which the secretary, after
20 investigation, has found to be, and by regulation designated as,
21 habit forming because of its stimulant effect on the central
22 nervous system; or (C) lysergic acid diethylamide or any other
23 drug which contains any quantity of a substance which the
24 secretary, after investigation, has found to have, and by
25 regulation designates as having, a potential for abuse because
26 of its depressant or stimulant effect on the central nervous
27 system or its hallucinogenic effect; but the term "controlled
28 drug" shall not include any drug specifically exempted by a
29 regulation promulgated by the secretary as not dangerous to the
30 public health and welfare. Except as otherwise provided herein,
19710H0851B2432 - 5 -
1 the term shall include dangerous substances controlled by the
2 secretary under sections 3 and 4 of this act.
3 (15) "Controlled paraphernalia" includes:
4 (i) a hypodermic syringe, needle or other instrument or
5 implement or combination thereof adapted for the administration
6 of controlled dangerous substances by intravenous injections or
7 otherwise under circumstances, including but not limited to, the
8 close proximity to other controlled paraphernalia, which
9 reasonably indicate an intention to use or possess such
10 controlled paraphernalia for purposes of unlawfully
11 administering any controlled dangerous substance;
12 (ii) diluents, dilutants or adulterants, including but not
13 limited to, any of the following: quinine hydrochloride,
14 mannitol, mannite, lactose or dextrose, adapted for the dilution
15 of controlled dangerous substances under circumstances,
16 including, but not limited to, the close proximity to other
17 controlled paraphernalia, which reasonably indicate an intention
18 to use or possess such controlled paraphernalia for purposes of
19 unlawfully diluting or processing any controlled dangerous
20 substance; and
21 (iii) gelatin capsules, glassine envelopes or any other
22 material suitable for the packaging of individual quantities of
23 controlled dangerous substances under circumstances, including
24 but not limited to, the close proximity to other controlled
25 paraphernalia, which reasonably indicate an intention to use or
26 possess any such item for the unlawful manufacture, distribution
27 or dispensing of any such controlled dangerous substance.
28 (16) "Counterfeit drug" means a controlled drug or
29 controlled dangerous substance which, or the container or
30 labeling of which, without authorization, bears the trademark,
19710H0851B2432 - 6 -
1 trade name, or other identifying mark, imprint, number, or
2 device, or any likeness thereof, of a manufacturer, distributor,
3 or dispenser other than the person or persons who in fact
4 manufactured, distributed, or dispensed such substance and which
5 thereby falsely purports or is represented to be the product of,
6 or to have been distributed by, such other manufacturer,
7 distributor, or dispenser.
8 (17) "Dispense" means to transfer or deliver a drug or
9 controlled dangerous substance to an ultimate user or human
10 research subject by, or pursuant to the lawful order of, a
11 practitioner.
12 (18) The term "immediate container" does not include package
13 liners.
14 (19) "Immediate precursor" means a substance which the board
15 has found to be and by regulation designates as being the
16 principal compound commonly used or produced primarily for use,
17 and which is an immediate chemical intermediary used or likely
18 to be used in the manufacture of a controlled dangerous
19 substance, the control of which is necessary to prevent,
20 curtail, or limit such manufacture.
21 (20) "Label" means a display of written, printed or graphic
22 matter upon the immediate container of any article, and a
23 requirement made by or under authority of this act that any
24 word, statement or other information appearing on the label
25 shall not be considered to be complied with unless such word
26 statement or other information also appears on the outside
27 container or wrapper, if any there be, of the retail package of
28 such article or is easily legible through the outside container
29 or wrapper.
30 (21) "Labeling" means all labels and other written, printed,
19710H0851B2432 - 7 -
1 or graphic matter (i) upon an article or any of its containers
2 or wrappers, or (ii) accompanying such article.
3 (22) "Manufacture" means the production, preparation,
4 propagation, compounding, or processing of a drug or controlled
5 dangerous substance, either directly or indirectly by extraction
6 from substances of natural origin, or independently by means of
7 chemical synthesis or by a combination of extraction and
8 chemical synthesis. "Manufacturer" also includes any person who
9 packages, repackages, or labels any container of any drug or
10 controlled dangerous substance, except practitioners who
11 dispense or compound prescription order for delivery to the
12 ultimate consumer.
13 (23) "Marihuana" means all parts of the plant Cannabis,
14 sativa L., whether growing or not; the seeds thereof; the resin
15 extracted from any part of such plant; and every compound,
16 manufacture, salt, derivative, mixture, or preparation of such
17 plant, its seeds, or resin; but shall not include the mature
18 stalks of such plant, fiber produced from such stalks, oil or
19 cake made from the seeds of such plant, any other compound,
20 manufacture, salt, derivative, mixture, or preparation of such
21 mature stalks (except the resin extracted therefrom), fiber,
22 oil, or cake, or the sterilized seeds of such plant which is
23 incapable of germination; and
24 (24) "New drug" means (i) any drug the composition of which
25 is such that such drug is not generally recognized among experts
26 qualified by scientific training and experience to evaluate the
27 safety and effectiveness of drugs as safe and effective for use
28 under the conditions prescribed, recommended or suggested in the
29 labeling thereof; or (ii) any drug the composition of which is
30 such that such drug, as a result of investigations to determine
19710H0851B2432 - 8 -
1 its safety and effectiveness for use under such conditions, has
2 become so recognized, but which has not, otherwise than in such
3 investigations, been used to a material extent or for a material
4 time under such conditions.
5 (25) "Nonproprietary drug" means any drug containing any
6 quantity of any narcotic drug, or controlled dangerous drug or a
7 drug containing biologicals or substances of glandular origin
8 (except intestinal enzymes and all liver products), drugs which
9 are administered hypodermically, intramuscularly or
10 intravenously, but not any such drugs which are prepackaged with
11 complete dosage instructions in the labeling limiting their use
12 to the care or treatment of poultry and livestock.
13 (26) "Official compendium" means the official United States
14 Pharmacopoeia, official Homeopathic Pharmacopoeia of the United
15 States, official National Formulary or any supplement to any of
16 them.
17 (27) "Opiate" means any substance having an addiction-
18 forming or addiction-sustaining liability similar to morphine or
19 being capable of conversion into a drug having such addiction-
20 forming or addiction-sustaining liability.
21 (28) "Opium poppy" means the plant of the species Papaver
22 somniferum L., except the seeds thereof.
23 (29) "Person" means any individual, partnership,
24 corporation, association, trust, or other institution or entity.
25 (30) "Poppy straw" means all parts, except the seeds, of the
26 opium poppy, after mowing.
27 (31) "Possess" means to exercise dominion or control over a
28 drug or controlled dangerous substance.
29 (32) "Practitioner" means a physician, including an intern
30 and resident, dentist, veterinarian, scientific investigator,
19710H0851B2432 - 9 -
1 pharmacist, pharmacy, hospital, clinic, or other person
2 licensed, registered, or otherwise authorized or allowed by the
3 Commonwealth of Pennsylvania to distribute, dispense, conduct
4 research with respect to or administer a drug or controlled
5 dangerous substance in the course of professional practice or
6 research.
7 (33) "Production" includes the manufacture, planting,
8 cultivation, growing, or harvesting of a controlled dangerous
9 substance.
10 (34) "Registrant" means any person registered under the laws
11 of this Commonwealth to manufacture, dispense, administer or
12 sell drugs.
13 (35) "Secretary" means the Secretary of Health of the
14 Commonwealth of Pennsylvania.
15 (36) "Ultimate user" means any person who possesses a drug
16 or controlled dangerous substance for his own use or for the use
17 of a member of his household or for administration to an animal
18 owned by him or by a member of his household.
19 (37) "Wholesaler" means any person engaged in the activities
20 of jobber, dealer, repackager or wholesaler, selling,
21 repackaging or otherwise distributing any drug or controlled
22 dangerous substance for resale or redistribution which he has
23 not himself prepared, produced or compounded.
24 "ADMINISTER" MEANS THE DIRECT APPLICATION OF A CONTROLLED <--
25 SUBSTANCE, OTHER DRUG OR DEVICE, WHETHER BY INJECTION,
26 INHALATION, INGESTION, OR ANY OTHER MEANS, TO THE BODY OF A
27 PATIENT OR RESEARCH SUBJECT.
28 "ADVERTISEMENT" MEANS ANY REPRESENTATION, DISSEMINATED IN ANY
29 MANNER OR BY ANY MEANS OTHER THAN BY LABELING, FOR THE PURPOSE
30 OF INDUCING OR WHICH IS LIKELY TO INDUCE, DIRECTLY OR
19710H0851B2432 - 10 -
1 INDIRECTLY, THE PURCHASE AND/OR USE OF A CONTROLLED SUBSTANCE,
2 OTHER DRUG, DEVICE OR COSMETIC.
3 "AGENT" MEANS AN AUTHORIZED PERSON WHEN ACTING ON BEHALF OF
4 OR AT THE DIRECTION OF A MANUFACTURER, DISTRIBUTOR, OR
5 DISPENSER. IT DOES NOT INCLUDE A COMMON OR CONTRACT CARRIER,
6 PUBLIC WAREHOUSEMAN, OR EMPLOYE OF THE CARRIER OR WAREHOUSEMAN.
7 "BOARD" MEANS THE PENNSYLVANIA DRUG, DEVICE AND COSMETIC
8 BOARD.
9 "BUREAU" MEANS THE BUREAU OF DRUG CONTROL, PENNSYLVANIA
10 DEPARTMENT OF HEALTH.
11 "COLOR ADDITIVE" MEANS A MATERIAL WHICH IS A DYE, PIGMENT OR
12 OTHER SUBSTANCE MADE BY A PROCESS OF SYNTHESIS OR SIMILAR
13 ARTIFICE, OR EXTRACTED, ISOLATED OR OTHERWISE DERIVED, WITH OR
14 WITHOUT INTERMEDIATE OR FINAL CHANGE OF IDENTITY, FROM A
15 VEGETABLE, ANIMAL, MINERAL OR OTHER SOURCE, AND, WHEN ADDED OR
16 APPLIED TO A CONTROLLED SUBSTANCE, OTHER DRUG, DEVICE OR
17 COSMETIC TO THE HUMAN OR ANIMAL BODY, IS CAPABLE, ALONE OR
18 THROUGH REACTION WITH ANOTHER SUBSTANCE, OF IMPARTING COLOR
19 THERETO, EXCEPT THAT SUCH TERM DOES NOT INCLUDE ANY MATERIAL
20 WHICH THE APPROPRIATE AUTHORITY, PURSUANT TO THE FEDERAL ACT,
21 DETERMINES IS USED OR INTENDED TO BE USED SOLELY FOR A PURPOSE
22 OR PURPOSES OTHER THAN COLORING. THE TERM "COLOR" INCLUDES
23 BLACK, WHITE AND INTERMEDIATE GRAYS.
24 "COMMERCIAL CONTAINER" MEANS ANY BOTTLE, JAR, TUBE, AMPUL, OR
25 OTHER RECEPTACLE IN WHICH A CONTROLLED SUBSTANCE, OTHER DRUG,
26 DEVICE OR COSMETIC IS HELD FOR DISTRIBUTION OR DISPENSING TO AN
27 ULTIMATE USER, AND IN ADDITION, ANY BOX OR PACKAGE IN WHICH THE
28 RECEPTACLE IS HELD FOR DISTRIBUTION OR DISPENSING TO AN ULTIMATE
29 USER. THE TERM "COMMERCIAL CONTAINER" DOES NOT INCLUDE ANY
30 PACKAGE LINER, PACKAGE INSERT OR OTHER MATERIAL KEPT WITH OR
19710H0851B2432 - 11 -
1 WITHIN A COMMERCIAL CONTAINER, NOR ANY CARTON, CRATE, DRUG, OR
2 OTHER PACKAGE IN WHICH COMMERCIAL CONTAINERS ARE STORED OR ARE
3 USED FOR SHIPMENT OF CONTROLLED SUBSTANCES.
4 "CONTAMINATED WITH FILTH" MEANS CONSISTING, IN WHOLE OR IN
5 PART, OF ANY DECOMPOSED, PUTRID OR FILTHY SUBSTANCE, OR
6 PREPARED, PACKED OR HELD UNDER ANY UNSANITARY CONDITION OR
7 EXPOSED WHEREBY THE ARTICLE OR PRODUCT CONCERNED MAY HAVE BECOME
8 CONTAMINATED WITH FILTH, DIRT, DUST OR ANY FOREIGN MATERIAL, OR
9 IN ANY MANNER RENDERED INJURIOUS TO HEALTH.
10 "CONTRABAND" MEANS ANY CONTROLLED SUBSTANCE, OTHER DRUG,
11 DEVICE OR COSMETIC POSSESSED BY A PERSON NOT AUTHORIZED BY LAW
12 TO POSSESS SUCH CONTROLLED SUBSTANCE, OTHER DRUG, DEVICE OR
13 COSMETIC, OR OBTAINED OR HELD IN A MANNER CONTRARY TO THE
14 PROVISIONS OF THIS ACT.
15 "CONTROL" MEANS TO REMOVE, OR CHANGE THE PLACEMENT OF A
16 CONTROLLED SUBSTANCE, OR IMMEDIATE PRECURSOR UNDER THE
17 PROVISIONS OF THIS ACT.
18 "CONTROLLED SUBSTANCE" MEANS A DRUG, SUBSTANCE, OR IMMEDIATE
19 PRECURSOR INCLUDED IN SCHEDULES I THROUGH V OF THIS ACT.
20 "COSMETIC" MEANS: (I) SUBSTANCES INTENDED TO BE RUBBED,
21 POURED, SPRINKLED OR SPRAYED ON, INTRODUCED INTO OR OTHERWISE
22 APPLIED TO THE HUMAN BODY OR OTHER ANIMAL BODY OR ANY PART
23 THEREOF FOR CLEANSING, BEAUTIFYING, PROMOTING ATTRACTIVENESS OR
24 ALTERING THE APPEARANCE, AND (II) SUBSTANCES INTENDED FOR USE AS
25 A COMPONENT OF ANY SUCH SUBSTANCES, EXCEPT THAT SUCH TERM SHALL
26 NOT INCLUDE SOAP.
27 "COUNCIL" MEANS THE GOVERNOR'S DRUG AND ALCOHOL ABUSE
28 COUNCIL.
29 "COUNTERFEIT" MEANS A CONTROLLED SUBSTANCE, OTHER DRUG,
30 DEVICE OR COSMETIC WHICH, OR THE CONTAINER OR LABELING OF WHICH,
19710H0851B2432 - 12 -
1 WITHOUT AUTHORIZATION, BEARS THE TRADEMARK, TRADE NAME, OR OTHER
2 IDENTIFYING MARK, IMPRINT, NUMBER, OR DEVICE, OR ANY LIKENESS
3 THEREOF, OF A MANUFACTURER, DISTRIBUTOR, OR DISPENSER OTHER THAN
4 THE PERSON OR PERSONS WHO IN FACT MANUFACTURED, DISTRIBUTED, OR
5 DISPENSED SUCH SUBSTANCE AND WHICH THEREBY IS FALSELY PURPORTED
6 OR REPRESENTED TO BE THE PRODUCT OF, OR TO HAVE BEEN DISTRIBUTED
7 BY, SUCH OTHER MANUFACTURER, DISTRIBUTOR, OR DISPENSER.
8 "COURT" MEANS ALL COURTS OF THE COMMONWEALTH OF PENNSYLVANIA,
9 INCLUDING MAGISTRATES AND JUSTICES OF THE PEACE.
10 "DELIVER" OR "DELIVERY" MEANS THE ACTUAL, CONSTRUCTIVE, OR
11 ATTEMPTED TRANSFER FROM ONE PERSON TO ANOTHER OF A CONTROLLED
12 SUBSTANCE, OTHER DRUG, DEVICE OR COSMETIC WHETHER OR NOT THERE
13 IS AN AGENCY RELATIONSHIP.
14 "DEPARTMENT" MEANS THE DEPARTMENT OF HEALTH OF THE
15 COMMONWEALTH OF PENNSYLVANIA.
16 "DEVICE" MEANS INSTRUMENTS, APPARATUS AND CONTRIVANCES,
17 INCLUDING THEIR COMPONENTS, PARTS AND ACCESSORIES, INTENDED: (I)
18 FOR USE IN THE DIAGNOSIS, CURE, MITIGATION, TREATMENT OR
19 PREVENTION OF DISEASE OF MAN OR OTHER ANIMALS; OR (II) TO AFFECT
20 THE STRUCTURE OR ANY FUNCTION OF THE BODY OF MAN OR OTHER
21 ANIMALS.
22 "DISPENSE" MEANS TO DELIVER A CONTROLLED SUBSTANCE, OTHER
23 DRUG OR DEVICE TO AN ULTIMATE USER OR RESEARCH SUBJECT BY OR
24 PURSUANT TO THE LAWFUL ORDER OF A PRACTITIONER, INCLUDING THE
25 PRESCRIBING, ADMINISTERING, PACKAGING, LABELING, OR COMPOUNDING
26 NECESSARY TO PREPARE SUCH ITEM FOR THAT DELIVERY.
27 "DISPENSER" MEANS A PRACTITIONER WHO DISPENSES.
28 "DISTRIBUTE" MEANS TO DELIVER OTHER THAN BY ADMINISTERING OR
29 DISPENSING A CONTROLLED SUBSTANCE, OTHER DRUG, DEVICE OR
30 COSMETIC.
19710H0851B2432 - 13 -
1 "DISTRIBUTOR" MEANS ANY PERSON ENGAGED IN THE ACTIVITIES OF
2 JOBBER, DEALER, OR WHOLESALER WHO SELLS, OR OTHERWISE
3 DISTRIBUTES, ANY CONTROLLED SUBSTANCE, OTHER DRUG, DEVICE OR
4 COSMETIC FOR RESALE OR REDISTRIBUTION WHICH HE HAS NOT HIMSELF
5 PREPARED, PRODUCED OR COMPOUNDED.
6 "DRUG" MEANS: (I) SUBSTANCES RECOGNIZED IN THE OFFICIAL
7 UNITED STATES PHARMACOPEIA, OR OFFICIAL NATIONAL FORMULARY, OR
8 ANY SUPPLEMENT TO EITHER OF THEM; AND (II) SUBSTANCES INTENDED
9 FOR USE IN THE DIAGNOSIS, CURE, MITIGATION, TREATMENT OR
10 PREVENTION OF DISEASE IN MAN OR OTHER ANIMALS; AND (III)
11 SUBSTANCES (OTHER THAN FOOD) INTENDED TO AFFECT THE STRUCTURE OR
12 ANY FUNCTION OF THE HUMAN BODY OR OTHER ANIMAL BODY; AND (IV)
13 SUBSTANCES INTENDED FOR USE AS A COMPONENT OF ANY ARTICLE
14 SPECIFIED IN CLAUSE (I), (II) OR (III), BUT NOT INCLUDING
15 DEVICES OR THEIR COMPONENTS, PARTS OR ACCESSORIES.
16 "DRUG DEPENDENT PERSON" MEANS A PERSON WHO IS USING A DRUG,
17 CONTROLLED SUBSTANCE OR ALCOHOL, AND WHO IS IN A STATE OF
18 PSYCHIC OR PHYSICAL DEPENDENCE, OR BOTH, ARISING FROM
19 ADMINISTRATION OF THAT DRUG, CONTROLLED SUBSTANCE OR ALCOHOL ON
20 A CONTINUING BASIS. SUCH DEPENDENCE IS CHARACTERIZED BY
21 BEHAVIORAL AND OTHER RESPONSES WHICH INCLUDE A STRONG COMPULSION
22 TO TAKE THE DRUG, CONTROLLED SUBSTANCE OR ALCOHOL ON A
23 CONTINUOUS BASIS IN ORDER TO EXPERIENCE ITS PSYCHIC EFFECTS, OR
24 TO AVOID THE DISCOMFORT OF ITS ABSENCE.
25 "IMMEDIATE PRECURSOR" MEANS A SUBSTANCE WHICH THE SECRETARY
26 HAS FOUND TO BE AND BY REGULATION DESIGNATES AS BEING A
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 SUBSTANCE.
30 "LABEL" MEANS A DISPLAY OF WRITTEN, PRINTED OR GRAPHIC MATTER
19710H0851B2432 - 14 -
1 UPON THE COMMERCIAL CONTAINER OF ANY SUBSTANCE OR ARTICLE AND A
2 REQUIREMENT MADE BY OR UNDER AUTHORITY OF THIS ACT THAT ANY
3 WORD, STATEMENT OR OTHER INFORMATION APPEARING ON THE LABEL
4 SHALL NOT BE CONSIDERED TO BE COMPLIED WITH UNLESS SUCH WORD,
5 STATEMENT OR OTHER INFORMATION ALSO APPEARS ON THE OUTSIDE
6 CONTAINER OR WRAPPER, IF ANY THERE BE, OF THE RETAIL PACKAGE OF
7 SUCH SUBSTANCE OR IS EASILY LEGIBLE THROUGH THE OUTSIDE
8 CONTAINER OR WRAPPER.
9 "LABELING" MEANS ALL LABELS AND OTHER WRITTEN, PRINTED, OR
10 GRAPHIC MATTER: (I) UPON A SUBSTANCE OR ANY OF ITS CONTAINERS OR
11 WRAPPERS; OR (II) ACCOMPANYING SUCH SUBSTANCE.
12 "MANUFACTURE" MEANS THE PRODUCTION, PREPARATION, PROPAGATION,
13 COMPOUNDING, CONVERSION OR PROCESSING OF A CONTROLLED SUBSTANCE,
14 OTHER DRUG OR DEVICE OR THE PACKAGING OR REPACKAGING OF SUCH
15 SUBSTANCE OR ARTICLE, OR THE LABELING OR RELABELING OF THE
16 COMMERCIAL CONTAINER OF SUCH SUBSTANCE OR ARTICLE, BUT DOES NOT
17 INCLUDE THE ACTIVITIES OF A PRACTITIONER WHO, AS AN INCIDENT TO
18 HIS ADMINISTRATION OR DISPENSING SUCH SUBSTANCE OR ARTICLE IN
19 THE COURSE OF HIS PROFESSIONAL PRACTICE, PREPARES, COMPOUNDS,
20 PACKAGES OR LABELS SUCH SUBSTANCE OR ARTICLE. THE TERM
21 "MANUFACTURER" MEANS A PERSON WHO MANUFACTURES A CONTROLLED
22 SUBSTANCE, OTHER DRUG OR DEVICE.
23 "MARIHUANA" MEANS ALL PARTS OF THE PLANT CANNABIS SATIVA L.,
24 WHETHER GROWING OR NOT; THE SEEDS THEREOF; THE RESIN EXTRACTED
25 FROM ANY PART OF SUCH PLANT; AND EVERY COMPOUND, MANUFACTURE,
26 SALT, DERIVATIVE, MIXTURE, OR PREPARATION OF SUCH PLANT, ITS
27 SEEDS OR RESIN; BUT SHALL NOT INCLUDE TETRAHYDROCANNABOL, THE
28 MATURE STALKS OF SUCH PLANT, FIBER PRODUCED FROM SUCH STALKS,
29 OIL OR CAKE MADE FROM THE SEEDS OF SUCH PLANT, ANY OTHER
30 COMPOUND, MANUFACTURE, SALT, DERIVATIVE, MIXTURE, OR PREPARATION
19710H0851B2432 - 15 -
1 OF SUCH MATURE STALKS (EXCEPT THE RESIN EXTRACTED THEREFROM),
2 FIBER, OIL, CAKE, OR THE STERILIZED SEED OF SUCH PLANT WHICH IS
3 INCAPABLE OF GERMINATION.
4 "NARCOTIC" MEANS ANY OF THE FOLLOWING, WHETHER PRODUCED
5 DIRECTLY OR INDIRECTLY BY EXTRACTION FROM SUBSTANCES OF
6 VEGETABLE ORIGIN, OR INDEPENDENTLY BY MEANS OF CHEMICAL
7 SYNTHESIS OR BY A COMBINATION OF EXTRACTION AND CHEMICAL
8 SYNTHESIS: (I) OPIUM, (II) ANY OPIATE HAVING AN ADDICTION-
9 FORMING OR ADDICTION-SUSTAINING CAPACITY SIMILAR TO MORPHINE,
10 BUT NOT INCLUDING THE ISOQUINOLINE ALKALOIDS OF OPIUM, (III) ANY
11 COMPOUND, MANUFACTURE, SALT, DERIVATIVE, OR PREPARATION OF OPIUM
12 OR ANY OPIATE, AND (IV) ANY SUBSTANCE, COMPOUND, MANUFACTURE,
13 SALT, DERIVATIVE, OR PREPARATION THEREOF, WHICH IS CHEMICALLY
14 IDENTICAL WITH ANY OF THE SUBSTANCES REFERRED TO IN (I), (II) OR
15 (III).
16 "NEW DRUG" MEANS (I) ANY DRUG THE COMPOSITION OF WHICH IS
17 SUCH THAT SUCH DRUG IS NOT GENERALLY RECOGNIZED AMONG EXPERTS
18 QUALIFIED BY SCIENTIFIC TRAINING AND EXPERIENCE TO EVALUATE THE
19 SAFETY AND EFFECTIVENESS OF DRUGS AS SAFE AND EFFECTIVE FOR USE
20 UNDER THE CONDITIONS PRESCRIBED, RECOMMENDED OR SUGGESTED IN THE
21 LABELING THEREOF; OR (II) ANY DRUG THE COMPOSITION OF WHICH IS
22 SUCH THAT SUCH DRUG, AS A RESULT OF INVESTIGATIONS TO DETERMINE
23 ITS SAFETY AND EFFECTIVENESS FOR USE UNDER SUCH CONDITIONS, HAS
24 BECOME SO RECOGNIZED, BUT WHICH HAS NOT, OTHERWISE THAN IN SUCH
25 INVESTIGATIONS, BEEN USED TO A MATERIAL EXTENT OR FOR A MATERIAL
26 TIME UNDER SUCH CONDITIONS.
27 "NONPROPRIETARY DRUG" MEANS ANY DRUG CONTAINING ANY QUANTITY
28 OF ANY CONTROLLED SUBSTANCE, A DRUG CONTAINING BIOLOGICALS OR
29 SUBSTANCES OF GLANDULAR ORIGIN (EXCEPT INTESTINAL ENZYMES AND
30 ALL LIVER PRODUCTS), DRUGS WHICH ARE ADMINISTERED PARENTERALLY,
19710H0851B2432 - 16 -
1 BUT NOT ANY SUCH DRUGS WHICH ARE PREPACKAGED WITH COMPLETE
2 DOSAGE INSTRUCTIONS IN THE LABELING LIMITING THEIR USE TO THE
3 CARE OR TREATMENT OF POULTRY AND LIVESTOCK.
4 "OFFICIAL COMPENDIUM" MEANS THE OFFICIAL UNITED STATES
5 PHARMACOPEIA, THE OFFICIAL NATIONAL FORMULARY OR ANY SUPPLEMENT
6 TO EITHER OF THEM.
7 "OPIATE" MEANS ANY SUBSTANCE HAVING AN ADDICTION-FORMING OR
8 ADDICTION-SUSTAINING LIABILITY SIMILAR TO MORPHINE OR BEING
9 CAPABLE OF CONVERSION INTO A DRUG HAVING ADDICTION-FORMING OR
10 ADDICTION-SUSTAINING LIABILITY. IT DOES NOT INCLUDE THE
11 DEXTROROTATORY ISOMER OF 3-METHOXY-N-METHLMORPHINAN AND ITS
12 SALTS (DEXTROMETHORPHAN). IT DOES INCLUDE THE RACEMIC AND
13 LEVOROTATORY FORMS.
14 "OPIUM POPPY" MEANS THE PLANT OF THE SPECIES PAPAVER
15 SOMNIFERUM L., EXCEPT ITS SEEDS.
16 "PERSON" MEANS INDIVIDUAL, CORPORATION, GOVERNMENT OR
17 GOVERNMENTAL SUBDIVISION OR AGENCY, BUSINESS TRUST, ESTATE,
18 TRUST, PARTNERSHIP OR ASSOCIATION, OR ANY OTHER LEGAL ENTITY.
19 "POPPY STRAW" MEANS ALL PARTS, EXCEPT THE SEEDS, OF THE OPIUM
20 POPPY, AFTER MOWING.
21 "PRACTITIONER" MEANS: (I) A PHYSICIAN, OSTEOPATH, DENTIST,
22 VETERINARIAN, PHARMACIST, PODIATRIST, NURSE, SCIENTIFIC
23 INVESTIGATOR, OR OTHER PERSON LICENSED, REGISTERED OR OTHERWISE
24 PERMITTED TO DISTRIBUTE, DISPENSE, CONDUCT RESEARCH WITH RESPECT
25 TO OR TO ADMINISTER A CONTROLLED SUBSTANCE, OTHER DRUG OR DEVICE
26 IN THE COURSE OF PROFESSIONAL PRACTICE OR RESEARCH IN THE
27 COMMONWEALTH OF PENNSYLVANIA; (II) A PHARMACY, HOSPITAL, CLINIC
28 OR OTHER INSTITUTION LICENSED, REGISTERED, OR OTHERWISE
29 PERMITTED TO DISTRIBUTE, DISPENSE, CONDUCT RESEARCH WITH RESPECT
30 TO OR TO ADMINISTER A CONTROLLED SUBSTANCE, OTHER DRUG OR DEVICE
19710H0851B2432 - 17 -
1 IN THE COURSE OF PROFESSIONAL PRACTICE OR RESEARCH IN THE
2 COMMONWEALTH OF PENNSYLVANIA.
3 "PRODUCTION" INCLUDES THE MANUFACTURE, PLANTING, CULTIVATION,
4 GROWING OR HARVESTING OF A CONTROLLED SUBSTANCE, OTHER DRUG,
5 DEVICE AND COSMETIC.
6 "PRESCRIPTION" OR "PRESCRIPTION ORDER" MEANS AN ORDER FOR A
7 CONTROLLED SUBSTANCE, OTHER DRUG OR DEVICE FOR MEDICATION WHICH
8 IS DISPENSED TO OR FOR AN ULTIMATE USER BUT DOES NOT INCLUDE AN
9 ORDER FOR A CONTROLLED SUBSTANCE, OTHER DRUG OR DEVICE FOR
10 MEDICATION WHICH IS DISPENSED FOR IMMEDIATE ADMINISTRATION TO
11 THE ULTIMATE USER. (E.G., AN ORDER TO DISPENSE A DRUG TO A BED
12 PATIENT FOR IMMEDIATE ADMINISTRATION IN A HOSPITAL IS NOT A
13 PRESCRIPTION ORDER.)
14 "REGISTRANT" MEANS ANY ONE PERSON REGISTERED UNDER THE LAWS
15 OF THIS COMMONWEALTH TO MANUFACTURE, DISPENSE, DISTRIBUTE,
16 ADMINISTER OR SELL DRUGS.
17 "SECRETARY" MEANS THE SECRETARY OF HEALTH OF THE COMMONWEALTH
18 OF PENNSYLVANIA.
19 "ULTIMATE USER" MEANS A PERSON WHO LAWFULLY POSSESSES A
20 CONTROLLED SUBSTANCE, OTHER DRUG, DEVICE OR COSMETIC FOR HIS OWN
21 USE OR FOR THE USE OF A MEMBER OF HIS HOUSEHOLD OR FOR
22 ADMINISTERING TO AN ANIMAL IN HIS CARE.
23 Section 3. Authority to Control.--(a) The secretary shall
24 control all substances enumerated in section 4 LISTED IN <--
25 SCHEDULES I THROUGH V of this act and may, by regulation, upon
26 his own motion or on the petition of any interested party add,
27 delete, or reschedule a substance as a controlled dangerous <--
28 substance. Such regulations shall be adopted in accordance with
29 the act of July 31, 1968 (Act No. 240), known as the
30 "Commonwealth Documents Law." Before so doing, the secretary
19710H0851B2432 - 18 -
1 shall request the advice in writing from the board whether a
2 substance should be added, deleted, or rescheduled as a
3 controlled dangerous substance. Such advice shall be rendered to <--
4 the secretary within a reasonable time. The secretary shall
5 consider with respect to each substance hereafter controlled:
6 (1) Its actual or relative potential for abuse;
7 (2) Scientific evidence of its pharmacological effect, if
8 known;
9 (3) State of current scientific knowledge regarding the
10 substance;
11 (4) Its history and current pattern of abuse;
12 (5) The scope, duration, and significance of abuse;
13 (6) What, if any, THE risk there is to the public health; <--
14 (7) Its psychic or physiological dependence liability;
15 (8) Whether the substance is controlled under Federal law;
16 and
17 (9) Whether the substance is an immediate precursor of a
18 substance already controlled under this section. After
19 considering the above factors, the secretary shall make findings
20 with respect thereto and shall issue an order A REGULATION <--
21 controlling the substance if he finds that the substance has a
22 potential for abuse.
23 (b) If the secretary designates a substance as an immediate
24 precursor, substances which are precursors of the controlled
25 precursor shall not be subject to control solely because they
26 are precursors of the controlled precursor.
27 (c) When, for the purpose of greater protection of the <--
28 public, at the time a new drug application is submitted to the
29 board for any drug having a stimulant, depressant, or
30 hallucinogenic effect on the central nervous system, it appears
19710H0851B2432 - 19 -
1 that such drug has an abuse potential such information shall be
2 submitted to review by the Scientific Advisory Committee of the
3 Board prior to their advising the secretary whether or not to
4 control such drug under this act.
5 (d) (C) The secretary shall not remove any Schedule I <--
6 substance of section 4 of this act to Schedules II, III, IV or V <--
7 of such section, nor shall he delete such substances from the
8 controls of this act unless specifically authorized by the
9 General Assembly BOARD to do so. <--
10 Section 4. Schedules of Controlled Dangerous Substances.-- <--
11 The following schedules include the controlled dangerous <--
12 substances listed or to be listed by whatever official name,
13 common or usual name, chemical name, or trade name designated.
14 (1) Schedule I--In determining that a substance comes within
15 this schedule, the secretary shall find: a high potential for
16 abuse, no currently accepted medical use in the United States,
17 and a lack of accepted safety for use under medical supervision.
18 The following controlled dangerous substances are included in <--
19 this schedule:
20 (i) Any of the following opiates, including their isomers,
21 esters, ethers, salts, and salts of isomers, esters, and ethers,
22 unless specifically excepted, whenever the existence of such
23 isomers, esters, ethers and salts is possible within the
24 specific chemical designation:
25 1. Acetylmethadol.
26 2. Allylprodine.
27 3. Alphacteylmethadol. ALPHACETYLMETHADOL. <--
28 4. Alphameprodine.
29 5. Alphamethadol.
30 6. Benzethidine.
19710H0851B2432 - 20 -
1 7. Betacetylmethadol.
2 8. Betameprodine.
3 9. Betamethadol.
4 10. Betaprodine.
5 11. Clonitazene.
6 12. Dextromoramide.
7 13. Dextrorphan (except its methylether).
8 14. Diampromide.
9 15. Diethyliambutene. DIETHYLTHIAMBUTENE. <--
10 16. Dimenoxadol.
11 17. Dimepheptanol.
12 18. Dimethyliambutene. DIMETHYLTHIAMBUTENE. <--
13 19. Dioxaphetyl butyrate.
14 20. Dipipanone.
15 21. Ethylmethylthiambutene.
16 22. Etonitazene.
17 23. Etoxeridine.
18 24. Furethidine.
19 25. Hydroxypethidine.
20 26. Ketobemidone.
21 27. Levomoramide.
22 28. Levophenacylmorphan.
23 29. Morpheridine.
24 30. Noracymethadol.
25 31. Norlevorphanol.
26 32. Normethadone.
27 33. Norpipanone.
28 34. Phenadoxone.
29 35. Phenampromide.
30 36. Phenomorphan.
19710H0851B2432 - 21 -
1 37. Phenoperidine.
2 38. Piritramide.
3 39. Proheptazine.
4 40. Properidine.
5 41. Racemoramide.
6 42. Trimeperidine.
7 (ii) Any of the following opium derivatives, their salts,
8 isomers and salts of isomers, unless specifically excepted,
9 whenever the existence of such salts, isomers and salts of
10 isomers is possible within the specific chemical designation:
11 1. Acetorphine.
12 2. Acetyldihydrocodeine.
13 3. Benzylmorphine.
14 4. Codeine Methylbromide. METHYLBROMIDE. <--
15 5. Codeine-N-Oxide.
16 6. Cyprenorphine.
17 7. Desomorphine.
18 8. Dihydromorphine.
19 9. Etorphine.
20 10. Heroin.
21 11. Hydromorphinol.
22 12. Methyldesorphine.
23 13. Methylhydromorphine.
24 14. Morphine methylbromide.
25 15. Morphine methylsulfonate.
26 16. Morphine-N-Oxide.
27 17. Myrophine.
28 18. Nicocodeine.
29 19. Nicomorphine.
30 20. Normorphine.
19710H0851B2432 - 22 -
1 21. Pholcodine.
2 22. Thebacon.
3 (iii) Any material, compound, mixture, or preparation which
4 contains any quantity of the following hallucinogenic
5 substances, their salts, isomers, and salts of isomers, unless
6 specifically excepted, whenever the existence of such salts,
7 isomers, and salts of isomers is possible within the specific
8 chemical designation:
9 1. 3,4-methylenedioxy amphetamine.
10 2. 5-methoxy-3,4-methylenedioxy amphetamine.
11 3. 3,4,5-trimethoxy amphetamine.
12 4. Bufotenine.
13 5. Diethyltryptamine.
14 6. Dimethyltryptamine.
15 7. 4-methyl-2,5-dimethoxyamphetamine.
16 8. Ibogaine.
17 9. Lysergic acid diethylamide.
18 10. Marihuana. <--
19 11. 10. Mescaline. <--
20 12. 11. Peyote. <--
21 13. 12. N-ethyl-3-piperidyl benzilate. <--
22 14. 13. N-methyl-3-piperidyl benzilate. <--
23 15. 14. Psilocybin. <--
24 16. 15. Psilocyn. <--
25 17. Tetrahydrocannabinois. 16. TETRAHYDROCANNABINOLS. <--
26 (IV) MARIHUANA. <--
27 (2) Schedule II--In determining that a substance comes
28 within this schedule, the secretary shall find: a high potential
29 for abuse, currently accepted medical use in the United States,
30 or currently accepted medical use with severe restrictions, and
19710H0851B2432 - 23 -
1 abuse may lead to severe psychic or physical dependence. The
2 following controlled dangerous substances are included in this <--
3 schedule:
4 (i) Any of the following substances except those narcotic <--
5 drugs NARCOTICS specifically excepted or listed in other <--
6 schedules, whether produced directly or indirectly by extraction
7 from substances of vegetable origin, or independently by means
8 of chemical synthesis, or by combination of extraction and
9 chemical synthesis:
10 1. Opium and opiate, and any salt, compound, derivative, or
11 preparation of opium or opiate.
12 2. Any salt, compound, derivative, or preparation thereof
13 which is chemically equivalent or identical with any of the
14 substances referred to in subclause 1, except that these
15 substances shall not include the isoquinoline alkaloids of
16 opium.
17 3. Opium poppy and poppy straw.
18 4. Coca leaves and any salt, compound, derivative, or
19 preparation of coca leaves, and any salt, compound, derivative,
20 or preparation thereof which is chemically equivalent or
21 identical with any of these substances, except that the <--
22 substances BUT shall not include decocainized coca leaves or <--
23 extraction EXTRACTS of coca leaves, which extractions EXTRACTS <--
24 do not contain cocaine or ecgonine.
25 (ii) Any of the following opiates, including their isomers,
26 esters, ethers, salts, and salts of isomers, esters and ethers,
27 unless specifically excepted, whenever the existence of such
28 isomers, esters, ethers and salts is possible within the
29 specific chemical designation:
30 1. Alphaprodine.
19710H0851B2432 - 24 -
1 2. Anileridine.
2 3. Bezitramide.
3 4. Dihydrocodeine.
4 5. Diphenoxylate.
5 6. Fentanyl.
6 7. Isomethadone.
7 8. Levomethorphan.
8 9. Levorphanol.
9 10. Metazocine.
10 11. Methadone.
11 12. Methadone-Intermediate, 4-cyano-2-dimethylamino-4,4-
12 diphenyl butane.
13 13. Moramide-Intermediate, 2-methyl-3-morpholino-1, 1-
14 diphenyl-propane-carboxylic acid.
15 14. PENTAZOCENE <--
16 14. 15. Pethidine. <--
17 15. 16. Pethidine-Intermediate-A, 4-cyano-1-methyl-4- <--
18 phenylpiperidine.
19 16. 17. Pethidine-Intermediate-B, ethyl-4-phenylpiperidine- <--
20 4-carboxylate.
21 17. 18. Pethidine-Intermediate-C, 1-methyl-4- <--
22 phenylpiperidine-4-carboxylic acid.
23 18. 19. Phenazocine. <--
24 19. 20. Piminodine. <--
25 20. 21. Racemethorphan. <--
26 21. 22. Racemorphan. <--
27 (iii) Unless specifically excepted or unless listed in
28 another schedule, any injectable liquid MATERIAL, COMPOUND, <--
29 MIXTURE OR PREPARATION which contains any quantity of
30 methamphetamine, including its salts, isomers, and salts of
19710H0851B2432 - 25 -
1 isomers, HAVING A POTENTIAL FOR ABUSE ASSOCIATED WITH THE <--
2 STIMULANT EFFECT ON THE CENTRAL NERVOUS SYSTEM:
3 1. AMPHETAMINE, ITS SALTS, OPTICAL ISOMERS, AND SALTS OF ITS
4 OPTICAL ISOMERS.
5 2. PHENMETRAMINE AND ITS SALTS.
6 3. METHYLPHENIDATE.
7 4. ANY SUBSTANCE WHICH CONTAINS ANY QUANTITY OF
8 METHAMPHETAMINE INCLUDING ITS SALTS, ISOMERS AND SALTS OF
9 ISOMERS.
10 (iv) The phrase "opiates" as used in section 4 of this act
11 and elsewhere throughout the act shall not include the
12 dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its
13 salts, but does include its racemic and levorotatory forms.
14 (3) Schedule III--In determining that a substance comes
15 within this schedule, the secretary shall find: a potential for
16 abuse less than the substances listed in Schedules I and II;
17 well documented and currently accepted medical use in the United
18 States; and abuse may lead to moderate or low physical
19 dependence or high psychological dependence. The following
20 classes of controlled dangerous substances are included in this <--
21 schedule:
22 (i) Any material, compound, mixture, or preparation unless <--
23 specifically excepted or unless listed in another schedule which
24 contains any quantity of the following substances having a
25 potential for abuse associated with a stimulant effect on the
26 central nervous system:
27 1. Amphetamine, its salts, optical isomers, and salts of its
28 optical isomers.
29 2. Phenmetrazine and its salts.
30 3. Any substance which contains any quantity of
19710H0851B2432 - 26 -
1 methamphetamine, including its salts, isomers, and salts of
2 isomers.
3 4. Methylphenidate.
4 (ii) (I) Any material, compound, mixture, or preparation <--
5 unless specifically excepted or unless listed in another
6 schedule which contains any quantity of the following substances
7 having a potential for abuse associated with a depressant effect
8 on the central nervous system:
9 1. Any substance which contains any quantity of a derivative
10 of barbituric acid, or any salt of a derivative of barbituric
11 acid.
12 2. Chorhexadol.
13 3. Glutethimide.
14 4. Lysergic acid.
15 5. Lysergic acid amide.
16 6. Methyprylon.
17 7. Phencyclidine.
18 8. Sulfondiethylmethane.
19 9. Sulfonethylmethane.
20 10. Sulfonmethane.
21 (iii) (II) Nalorphine. <--
22 (iv) (III) Any material, compound, mixture, or preparation <--
23 containing limited quantities of any of the following narcotic <--
24 drugs, or any salts thereof, except those narcotic drugs UNLESS <--
25 specifically excepted or listed in other schedules:
26 1. Not more than one and eighty one-hundredths 1.8 grams of <--
27 codeine per one hundred 100 milliliters or not more than ninety <--
28 90 milligrams per dosage unit, with an equal or greater quantity
29 of an isoquinoline alkaloid of opium.
30 2. Not more than one and eighty one-hundredths 1.8 grams of <--
19710H0851B2432 - 27 -
1 codeine per one hundred 100 milliliters or not more than ninety <--
2 90 milligrams per dosage unit, with one or more active,
3 nonnarcotic ingredients in recognized therapeutic amounts.
4 3. Not more than three hundred 300 milligrams of <--
5 dihydrocodeinone per one hundred 100 milliliters or not more <--
6 than fifteen 15 milligrams per dosage unit, with a fourfold or <--
7 greater quantity of an isoquinoline alkaloid of opium.
8 4. Not more than three hundred 300 milligrams of <--
9 dihydrocodeinone per one hundred 100 milliliters or not more <--
10 than fifteen 15 milligrams per dosage unit, with one or more <--
11 active, nonnarcotic ingredients in recognized therapeutic
12 amounts.
13 5. Not more than one and eighty one-hundredths 1.8 grams of <--
14 dihydrocodeine per one hundred 100 milliliters or not more than <--
15 ninety 90 milligrams per dosage unit, with one or more active, <--
16 nonnarcotic ingredients in recognized therapeutic amounts.
17 6. Not more than three hundred 300 milligrams of <--
18 ethylmorphine per one hundred 100 milliliters or not more than <--
19 fifteen 15 milligrams per dosage unit, with one or more active, <--
20 nonnarcotic ingredients in recognized therapeutic amounts.
21 7. Not more than five hundred 500 milligrams of opium per <--
22 one hundred 100 milliliters or per hundred 100 grams, or not <--
23 more than twenty-five 25 milligrams per dosage unit, with one or <--
24 more active, nonnarcotic ingredients in recognized therapeutic
25 amounts.
26 8. Not more than fifty 50 milligrams of morphine per one <--
27 hundred 100 milliliters or per one hundred grams 100 GRAMS AND <--
28 NOT MORE THAN 2.5 MILLIGRAMS PER DOSAGE UNIT with one or more
29 active, nonnarcotic ingredients in recognized therapeutic
30 amounts.
19710H0851B2432 - 28 -
1 (v) The secretary may by regulation except any compound,
2 mixture, or preparation containing any drug or controlled
3 dangerous substance listed in subclauses (i) and (ii) of this <--
4 schedule above from the application of those provisions of this
5 act covering controlled drugs, SUBSTANCES, if the compound, <--
6 mixture, or preparation contains one or more active medicinal
7 ingredients not having a stimulant or depressant effect on the
8 central nervous system: Provided, That such admixtures shall be
9 included therein in such combinations, quantity, proportion, or
10 concentration as to vitiate the potential for abuse of the
11 substances which do have a stimulant or depressant effect on the
12 central nervous system.
13 (vi) The secretary shall MAY by regulation exempt any <--
14 nonnarcotic substance from the control under this act if such
15 substance may, under the provisions of the Federal Food, Drug,
16 and Cosmetic Act (21 U.S.C. 301 et seq.), be lawfully sold over
17 the counter without a prescription.
18 (4) Schedule IV--In determining that a substance comes
19 within this schedule, the secretary shall find: a low potential
20 for abuse relative to substances in Schedule III; currently
21 accepted medical use in treatment in the United States; and <--
22 limited physical dependence and/or psychological dependence <--
23 liability relative to the substances listed in Schedule III. The
24 following controlled dangerous substances are included in this <--
25 schedule:
26 (i) Any material, compound, mixture, or preparation, unless
27 specifically excepted or unless listed in another schedule,
28 which contains any quantity of the following substances having a
29 potential for abuse associated with a depressant effect on the
30 central nervous system:
19710H0851B2432 - 29 -
1 1. Barbital.
2 2. CHLORDIAZEPOXIDE. <--
3 2. 3. Chloral betaine. <--
4 3. 4. Chloral hydrate. <--
5 5. DIAZEPON. <--
6 4. 6. Ethchlorvynol. <--
7 5. 7. Ethinamate. <--
8 6. 8. Methohexital. <--
9 7. 9. Meprobamate. <--
10 8. 10. Methylphenobarbital. <--
11 9. 11. Paraldehyde. <--
12 10. 12. Petrichloral. <--
13 11. 13. Phenobarbital. <--
14 14. PROPOXYPHENE. <--
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 MAY 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
19710H0851B2432 - 30 -
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 NARCOTICS OR <--
11 ANY OF THEIR SALTS, which shall include one or more nonnarcotic
12 active medicinal ingredients in sufficient proportion to confer
13 upon the compound, mixture, or preparation, valuable medicinal
14 qualities other than those possessed by the narcotic drug alone: <--
15 1. Not more than two hundred 200 milligrams of codeine, per <--
16 one hundred OR ANY OF ITS SALTS, PER 100 milliliter or per one <--
17 hundred grams 100 GRAMS AND NOT MORE THAN 100 MILLIGRAMS PER <--
18 DOSAGE UNIT.
19 2. Not more than one hundred 100 milligrams of <--
20 dihydrocodeine, OR ANY OF ITS SALTS, per one hundred 100 <--
21 milliliters or per one hundred 100 grams AND NOT MORE THAN 5 <--
22 MILLIGRAMS PER DOSAGE UNIT.
23 3. Not more than one hundred 100 milligrams of ethylmorphine <--
24 per one hundred milliliters or per one hundred grams.
25 ETHYLMORPHINE, OR ANY OF ITS SALTS, PER 100 MILLILITERS OR PER <--
26 100 GRAMS AND NOT MORE THAN 5 MILLIGRAMS PER DOSAGE UNIT.
27 4. Not more than two and five-tenths 2.5 milligrams of <--
28 diphenoxylate and not less than twenty-five 25 micrograms of <--
29 atropine sulfate per dosage unit.
30 5. Not more than one hundred 100 milligrams of opium per one <--
19710H0851B2432 - 31 -
1 hundred 100 milliliters or per one hundred 100 grams, or not <--
2 more than five 5 milligrams per dosage unit. <--
3 Section 5. Exempt Substances and Drugs.--(a) In accordance <--
4 with the provisions of section 3, the secretary, after
5 consultation and upon the recommendation of the board, may, by
6 regulation, exempt, from the provisions of this act relating to
7 controlled dangerous substances or controlled drugs to such
8 extent as he determines to be consistent with the public
9 welfare, substances and drugs found by the secretary:
10 (1) Either to possess no addiction-forming or addiction-
11 sustaining liability or not to possess an addiction-forming or
12 addiction-sustaining liability sufficient to warrant imposition
13 of all of the requirements of this act; and
14 (2) Not to permit recovery of a controlled dangerous
15 substance or controlled drug having such an addiction-forming or
16 addiction-sustaining liability with such relative technical
17 simplicity and degree of yield as to create a risk of improper
18 use.
19 (b) In exercising the authority granted in subsection (a),
20 the secretary, by regulations and without special findings,
21 shall, unless cogent reasons require otherwise in the interest
22 of public health, grant exempt status to such substances and
23 drugs as are determined to be exempt under the Federal narcotic
24 law and regulations and the Federal law and regulations
25 pertaining to controlled drugs and controlled dangerous
26 substances.
27 (c) If the secretary shall subsequently determine that any
28 exempt substance or drug does possess a degree of addiction
29 liability that results in abusive use, he shall, by regulation,
30 remove such substance or drug from exempt status effective on a
19710H0851B2432 - 32 -
1 date fixed by the regulation.
2 SECTION 5. EXEMPT CONTROLLED SUBSTANCES, OTHER DRUGS, <--
3 DEVICES AND COSMETICS.--(A) EXCEPT AS OTHERWISE PROVIDED HEREIN,
4 THE SECRETARY, AFTER CONSULTATION WITH AND UPON THE
5 RECOMMENDATION OF THE BOARD, MAY, BY REGULATION, EXEMPT FROM THE
6 PROVISIONS OF THIS ACT RELATING TO CONTROLLED SUBSTANCES, OTHER
7 DRUGS, DEVICES AND COSMETICS TO SUCH EXTENT AS HE DETERMINES TO
8 BE CONSISTENT WITH THE PUBLIC HEALTH.
9 Section 6. Registration.--(a) No person shall operate within
10 this Commonwealth as a manufacturer, wholesaler DISTRIBUTOR or <--
11 retailer of drugs or CONTROLLED SUBSTANCES, OTHER DRUGS AND <--
12 devices nor sell, offer for sale nor solicit the purchase of
13 drugs or devices nor hold drugs or devices CONTROLLED <--
14 SUBSTANCES, OTHER DRUGS AND DEVICES NOR HOLD THEM for sale or
15 resale until such person has registered under this act with the
16 secretary. Such registration must be renewed annually in
17 accordance with rules and regulations relating thereto.
18 (1) Any manufacturer or wholesaler DISTRIBUTOR not operating <--
19 an establishment within this Commonwealth, but employing sales
20 representatives or detailmen AGENTS within this Commonwealth, <--
21 shall either register as a manufacturer or wholesaler <--
22 DISTRIBUTOR as the case may be, or file, in lieu of <--
23 registration, with the secretary the names and addresses of such
24 representatives and detailmen AGENTS, and shall promptly inform <--
25 the secretary of any changes in said list.
26 (2) Separate registration with the secretary shall be
27 required annually for each place at which such person carries on
28 activities as a manufacturer, wholesaler DISTRIBUTOR or retailer <--
29 within this Commonwealth. The certificate evidencing such
30 registration shall be conspicuously displayed and shall not be
19710H0851B2432 - 33 -
1 transferable.
2 (3) Certificates of registration REGISTRATIONS issued by the <--
3 State Board of Pharmacy SECRETARY or under the law preceding <--
4 this act to manufacturers, DISTRIBUTORS OR RETAILERS shall <--
5 continue to be valid for the period issued and, upon expiration,
6 shall be renewed in the manner provided for renewal of <--
7 certificates of registration issued pursuant to this section.
8 Nothing contained herein shall be construed to require the
9 registration hereunder of pharmacists registered by the Board of <--
10 Pharmacy nor pharmacies licensed by said board, ANY PRACTITIONER <--
11 REGISTERED OR LICENSED BY THE APPROPRIATE STATE BOARD, nor to
12 require the separate registration of agents or employes of
13 persons registered pursuant to the provisions of this section,
14 or of sales representatives or detailmen AGENTS of manufacturers <--
15 or wholesalers nor DISTRIBUTORS NOT operating an establishment <--
16 within this Commonwealth whose names and addresses are on file
17 with the secretary: Provided, however, That all persons
18 registered pursuant to this section, whether located within this
19 Commonwealth or not, shall be deemed to have accepted and shall
20 be subject to all provisions of this act.
21 (b) No person shall operate as a manufacturer of CONTROLLED <--
22 SUBSTANCES OR OTHER drugs or devices unless such drugs or <--
23 devices THEY are manufactured under the supervision of a <--
24 registered pharmacist, chemist or other person possessing at
25 least five years' experience in the manufacture of CONTROLLED <--
26 SUBSTANCES, OR OTHER drugs or devices or such other person <--
27 approved by the secretary as qualified by scientific or
28 technical training or experience to perform such duties of
29 supervision as may be necessary to protect the public health and
30 safety.
19710H0851B2432 - 34 -
1 (c) Each application for registration as a manufacturer
2 shall be accompanied by a fee of one hundred dollars ($100).
3 Each application for registration as a wholesaler DISTRIBUTOR <--
4 shall be accompanied by a fee of twenty-five dollars ($25). Each
5 application for registration as a retailer shall be accompanied
6 by a fee of two dollars ($2). Applications shall be on forms
7 prescribed by the secretary. Registration certificates shall be <--
8 renewed annually and applications therefor shall be accompanied
9 by the same fee as for initial applications.
10 (d) Registration shall become effective at noon on the
11 sixtieth day after application therefor is filed: Provided,
12 however, That the secretary shall have authority to issue a
13 registration certificate or to issue an order denying such <--
14 registration pursuant to subsection (e) hereof at any time prior
15 to the expiration of such sixty day period. Renewal of
16 registration shall be effective upon certification by the
17 secretary that the applicant has met all requirements for such
18 renewal.
19 (e) The secretary may refuse the initial registration OR <--
20 SUSPEND REGISTRATION (i) of any person who has made MATERIAL <--
21 false representation in the application for registration; or of <--
22 any person or agent or employe of any person who manufactures
23 drugs or devices other than under the supervision of a
24 registered pharmacist, chemist or other person possessing at
25 least five years' experience in the manufacture of said drugs or
26 devices, or such person approved by the secretary as provided
27 herein, or who fails to comply with the standards of sanitation,
28 equipment, materials or supplies promulgated pursuant to the
29 provisions of this act, until such person has filed a proper
30 application and is in compliance with this section and with said
19710H0851B2432 - 35 -
1 standards of sanitation, equipment, materials and supplies; and
2 (ii) in addition to the foregoing, of (II) any manufacturer or <--
3 wholesaler, (A) DISTRIBUTOR OR ANY EMPLOYE THEREOF who has been <--
4 convicted of a violation of any law of this Commonwealth or of
5 the United States relating to the sale, use or possession of <--
6 controlled drugs SUBSTANCES OR OTHER DRUGS OR DEVICES if such <--
7 refusal shall be necessary for the protection of the public
8 health and safety. or (B) who knowingly employs in any capacity <--
9 connected with the preparation, handling or sale of controlled
10 drugs any person convicted of a violation of the laws of this
11 Commonwealth or of the United States relating to the sale, use
12 or possession of narcotics, unless prior consent shall have been
13 obtained from the secretary.
14 (f) In addition to all other penalties provided for <--
15 violations of this act, the THE secretary may, after notice and <--
16 hearing pursuant to the Administrative Agency Law as amended,
17 (i) in the case of a manufacturer registered hereunder, prohibit <--
18 the sale in Pennsylvania of any CONTROLLED SUBSTANCES, OTHER <--
19 drugs or devices involved in any violation of this act. which he <--
20 commits with knowledge or reason to know of said violation, (ii)
21 THE SECRETARY MAY suspend or revoke the registration of any <--
22 manufacturer if said registrant, WHO (A) makes any sale in <--
23 Pennsylvania of any CONTROLLED SUBSTANCES, OTHER drug or device <--
24 DRUGS OR DEVICES whose sale has been prohibited under the <--
25 preceding clause. or (B) is convicted of a violation of any law <--
26 of this Commonwealth or of the United States relating to the
27 sale, use or possession of drugs or controlled substances if
28 such suspension or revocation shall be necessary for the
29 protection of the public health and safety, (C) knowingly
30 employs in any capacity connected with the preparation, handling
19710H0851B2432 - 36 -
1 or sale of drugs or controlled substances any person convicted
2 of a violation of the laws of this Commonwealth or of the United
3 States relating to the sale, use or possession of drugs or
4 controlled substances unless prior consent shall have been
5 obtained from the secretary, (iii) in the case of a wholesaler
6 registered hereunder, suspend or revoke his registration for any
7 violation of this act which he commits with knowledge or reason
8 to know of said violation if such suspension or revocation shall
9 be necessary for the protection of the public health and safety.
10 (g) If the secretary takes any action refusing registration
11 or disciplining any registrant REVOKING OR SUSPENDING <--
12 REGISTRATION under subsections (e) and (f), the aggrieved party
13 may, within fifteen days after the date upon which a copy of the
14 order is delivered to the address indicated on the application
15 or the registration certificate, whichever is applicable, <--
16 petition the board for review. The board shall, within thirty
17 days, grant a hearing and, as soon thereafter as practicable,
18 adopt, modify or reject the action of the secretary. Any action
19 by the board shall be deemed an adjudication to which the
20 provisions of the Administrative Agency Law, as amended, shall
21 be applicable.
22 Section 7. Adulteration.--A CONTROLLED SUBSTANCE, OTHER <--
23 drug, or device or cosmetic shall be deemed to be adulterated: <--
24 (1) (i) If it consists, in whole or in part, of any filthy,
25 putrid or decomposed substance; (ii) if it has been prepared,
26 packed or held under UNSANITARY conditions whereby it may have <--
27 been contaminated with filth, or whereby it may have been
28 rendered injurious to health; (iii) if AND IF IT IS A DRUG OR A <--
29 DEVICE its container is composed, in whole or in part, of any
30 poisonous or deleterious substance which may render the contents
19710H0851B2432 - 37 -
1 injurious to health; (iv) if it has been exposed to conditions
2 of fire, water or extreme temperature, which may have rendered
3 it injurious to health; (v) if (A) it bears or contains for
4 purposes of coloring only a color additive, unless it be a hair
5 dye which is unsafe within the meaning of section 9 of this act,
6 or (B) it is a color additive the intended use of which in or on
7 drugs, devices or cosmetics is for purposes of coloring only and
8 is unsafe, unless it be a hair dye within the meaning of section
9 9 of this act.
10 (2) If it purports to be or is represented as a drug OR <--
11 DEVICE, the name of which is recognized in an official
12 compendium and its strength differs from or its quality or
13 purity falls below the standards set forth in such compendium.
14 Such determination as to strength, quality or purity, shall be
15 made in accordance with the tests or methods of assay set forth
16 in such compendium, or in the absence of or inadequacy of such
17 tests or methods of assay those prescribed under the authority
18 of the Federal act. No drug OR DEVICE defined in an official <--
19 compendium shall be deemed to be adulterated under this
20 subsection because it differs from the standard of strength,
21 quality or purity therefor set forth in such compendium, if its
22 difference in strength, quality or purity from such standard is
23 plainly stated on its label. Whenever a drug is recognized in <--
24 both the United States Pharmacopoeia and the Homeopathic
25 Pharmacopoeia of the United States, it shall be subject to the
26 requirements of the United States Pharmacopoeia unless it is
27 labeled and offered for sale as a homeopathic drug, in which
28 case, it shall be subject to the provisions of the Homeopathic
29 Pharmacopoeia of the United States and not to those of the
30 United States Pharmacopoeia.
19710H0851B2432 - 38 -
1 (3) If it is a color additive and is to be used or is
2 recommended for use as a hair dye and it is not exempt under
3 section 9 unless its label bears the following legend
4 conspicuously displayed thereon: "Caution. This product contains
5 ingredients which may cause skin irritation on certain
6 individuals and a preliminary test according to accompanying
7 directions should first be made. This product must not be used
8 for dyeing the eyelashes or eyebrows, to do so may cause
9 blindness," and the labeling bears adequate directions for such
10 preliminary testing. For the purpose of this paragraph, the term
11 "hair dye" shall not include eyelash dyes or eyebrow dyes.
12 (4) If it is not subject to the provisions of clause (2) of
13 this section and its strength differs from or its purity or
14 quality falls below that which it purports or is represented to
15 possess.
16 (5) If it is a drug OR DEVICE and any substance has been (i) <--
17 mixed or packed therewith so as to reduce its quality or
18 strength, or (ii) substituted wholly or in part therefor.
19 Section 8. Misbranding.--A CONTROLLED SUBSTANCE, OTHER drug <--
20 or device or cosmetic shall be deemed to be misbranded:
21 (1) If its labeling is false or misleading in any
22 particular.
23 (2) If in package form unless it bears a label containing
24 (i) the name and place of business of the manufacturer, packer
25 or distributor, and (ii) an accurate statement of the quantity
26 of the contents in terms of weight measure or numerical count:
27 Provided, That under subclause (ii) of this clause, reasonable
28 variations shall be permitted and exemptions as to small
29 packages shall be established by regulations.
30 (3) If any word, statement or other information required by
19710H0851B2432 - 39 -
1 or under authority of this act to appear on the label, or
2 labeling is not prominently placed thereon with such
3 conspicuousness (as compared with other words, statements,
4 designs or devices in the labeling), and in such terms as to
5 render it likely to be read and understood by the ordinary
6 individual under customary conditions of purchase and use.
7 (4) If it is for use by man and is a narcotic, depressant or <--
8 stimulant drug CONTROLLED SUBSTANCE designated BY FEDERAL LAW as <--
9 habit-forming, unless its label bears the name and quantity or <--
10 proportion of such substance or derivative and if required by
11 applicable Federal law or regulations, in juxtaposition
12 therewith the statement "Warning. May Be Habit-Forming."
13 (5) If it is a drug and is not designated solely by a name
14 recognized in an official compendium, unless its label bears (i)
15 the common or usual name of the drug, if such there be, and (ii)
16 in case it is fabricated from two or more ingredients, the
17 common or usual name of each active ingredient including the
18 kind and quantity or proportion of any alcohol and also
19 including whether active or not, the name and quantity or
20 proportion of any bromides, ether, chloroform, acetanilid,
21 acetphenetidin, amidopyrine, antipyrine, atropine, hyoscine,
22 hyoscyamine, arsenic, digitalis glucosides GLYCOSIDES, mercury, <--
23 ouabain, strophanthin, strychnine, thyroid or any derivative or
24 preparation of any such substances contained therein: Provided,
25 That to the extent that compliance with the requirements of
26 subclause (ii) of this clause is impracticable, exemptions shall
27 be established by regulations.
28 (6) Unless its labeling bears (i) adequate directions for
29 use, and (ii) such adequate warnings against use in those
30 pathological conditions or by children where its use may be
19710H0851B2432 - 40 -
1 dangerous to health or against unsafe dosage or methods or
2 duration of administration or application in such manner and
3 form as are necessary for the protection of users: Provided,
4 That where any requirement of subclause (i) of this clause as
5 applied to any drug, or device OR COSMETIC is not necessary for <--
6 the protection of the public health, regulations shall be
7 promulgated exempting such drug, or device or cosmetic from such <--
8 requirements.
9 (7) If it purports to be a drug OR DEVICE the name of which <--
10 is recognized in an official compendium, unless it is packaged
11 and labeled as prescribed therein: Provided, That the method of
12 packing PACKAGING may be modified with a consent of the <--
13 secretary. Whenever a drug is recognized in both the United <--
14 States Pharmacopoeia and the Homeopathic Pharmacopoeia of the
15 United States, it shall be subject to the requirements of the
16 United States Pharmacopoeia with respect to packaging and
17 labeling, unless it is labeled and offered for sale as a
18 homeopathic drug, in which case, it shall be subject to the
19 provisions of the Homeopathic Pharmacopoeia of the United States
20 and not to those of the United States Pharmacopoeia.
21 (8) If it has been found by the secretary to be a drug,
22 DEVICE OR COSMETIC liable to deterioration unless it is packaged <--
23 in such form and manner and its label bears a statement
24 specifying such precautions against deterioration as the
25 secretary shall by regulation require as necessary for the
26 protection of public health. No such regulation shall be <--
27 established for any drug recognized in an official compendium,
28 or for any drug which regulations specifying precautions against
29 deterioration have been promulgated by the Secretary of Health,
30 Education and Welfare under the Federal act.
19710H0851B2432 - 41 -
1 (9) If it is offered for sale or sold under the name of
2 another drug, device or cosmetic or brand of drug, device or
3 cosmetic, or if it is manufactured, packaged, labeled or sold in
4 such manner as to give rise to a reasonable probability that the
5 purchaser will be led to believe he is purchasing such drug,
6 device or cosmetic as another drug, device or cosmetic or as the
7 product of another manufacturer.
8 (10) If it is dangerous to health when used in the dosage or
9 with the frequency or duration prescribed, recommended or
10 suggested in the labeling thereof.
11 (11) A drug dispensed by filling or refilling a written or <--
12 oral prescription issued by a person licensed by law to
13 administer or prescribe such drug (except a drug sold in the
14 course of the conduct of a business of selling drugs pursuant to
15 diagnosis by mail) shall be exempt from the requirements of this
16 section, except clauses (1) and (9) if such drug bears a label
17 containing the name and place of business of the dispenser, the
18 serial number and date of such prescription, the name of the
19 person prescribing such drug, the name of the patient and such
20 directions for use and cautionary statements, if any, contained
21 in such prescription.
22 (12) (11) If it is a DRUG, DEVICE OR cosmetic and its <--
23 container is so made, formed or filled as to be misleading.
24 (12) IF IT IS A CONTROLLED SUBSTANCE ITS COMMERCIAL <--
25 CONTAINER MUST BEAR A LABEL CONTAINING AN IDENTIFYING SYMBOL FOR
26 SUCH SUBSTANCE IN ACCORDANCE WITH FEDERAL REGULATIONS.
27 Section 9. Color Additives.--A color additive shall be
28 deemed unsafe unless there is in effect with respect to such
29 additive a regulation issued pursuant to the Federal act
30 permitting such use and unless such additive and use thereof
19710H0851B2432 - 42 -
1 conforms in all respects to the requirements of the Federal act
2 and regulations issued pursuant thereto.
3 Section 10. New Drugs.--(a) No person shall sell, deliver, <--
4 offer for sale, hold for sale, or give away, any new drug unless
5 (i) an application with respect thereto has been approved under
6 the appropriate Federal act. or (ii) when not subject to the <--
7 Federal act unless such drug has been tested and has not been
8 found to be unsafe or ineffective for use under the conditions
9 prescribed, recommended or suggested in the labeling thereof,
10 and prior to selling or offering for sale such drug, there has
11 been filed with the secretary an application, setting forth full
12 reports of investigations which have been made to show whether
13 or not such drug is safe and effective for use, a full list of
14 the articles used as components of such drug, a full statement
15 of the composition of such drug, a full description of the
16 methods used in and the facilities and controls used for the
17 manufacture, processing and packing of such drug, such samples
18 of such drug and of the articles used as components thereof as
19 the secretary may require, and specimens of the labeling
20 proposed to be used for such drug.
21 (b) An application provided for in subsection (a) (ii) shall
22 be submitted to the board for its recommendations but such
23 application shall become effective on the sixtieth day after the
24 filing thereof except that if the secretary finds, after due
25 notice to the applicant and giving him an opportunity for a
26 hearing, that the drug is not safe and effective for use under
27 the conditions prescribed, recommended or suggested in the
28 proposed labeling thereof, he shall prior to the effective date
29 of the application issue an order refusing to permit the
30 application to become effective.
19710H0851B2432 - 43 -
1 (c) This section shall not apply:
2 (1) To a drug intended solely for investigational use by
3 experts qualified by scientific training and experience to
4 investigate the safety in drugs, provided the drug is plainly
5 labeled "For investigational use only," or words of similar
6 import, and provided such investigator furnishes a statement to
7 the secretary showing that he has adequate facilities for such
8 investigation;
9 (2) To a drug sold in this State at any time prior to
10 enactment of this act or introduced into interstate commerce at
11 any time prior to the enactment of the Federal act; or
12 (3) To any drug which is licensed under the animal virus
13 serum and toxin law of March 4, 1913 (21 U.S.C. 151, et seq.) or
14 under the Public Health Service Act of July 1, 1944 (42 U.S.C.
15 201, et seq.).
16 (d) An order refusing to permit an application under this
17 section to become effective may be revoked by the secretary.
18 Section 11. Professional Prescription, Administration, and
19 Dispensing.--(a) Except when dispensed directly by a licensed <--
20 (A) EXCEPT WHEN DISPENSED OR ADMINISTERED DIRECTLY TO THE <--
21 PATIENT BY A practitioner OR HIS AUTHORIZED AGENT, other than a <--
22 pharmacist, to an ultimate user, no controlled substance in
23 Schedule II, may be dispensed without the written prescription
24 of a licensed practitioner, except in emergency situations, as <--
25 prescribed by the secretary by regulation. No prescription for a
26 controlled dangerous substance in Schedule II may be refilled. <--
27 (b) Except when dispensed directly by a licensed <--
28 practitioner, other than a pharmacist, to an ultimate user, no
29 controlled substance in Schedule III or IV, which is a <--
30 prescription drug as determined under the Federal Food, Drug and
19710H0851B2432 - 44 -
1 Cosmetic Act, may be dispensed without a written or oral
2 prescription. Such prescriptions may SHALL not be filled or <--
3 refilled more than six months after the date thereof or be
4 refilled more than five times after the date of the prescription
5 unless renewed by the licensed practitioner. <--
6 (c) No controlled substance in Schedule V which is a drug <--
7 may be distributed or dispensed FOR other than for a medical <--
8 MEDICINAL purpose. <--
9 (d) A licensed practitioner may prescribe, administer, or <--
10 dispense a controlled dangerous substance or OTHER drug OR <--
11 DEVICE only (i) in good faith in the course of his professional
12 practice, (ii) within the scope of the patient relationship, and
13 (iii) in accordance with treatment principles accepted by a
14 responsible segment of the medical profession. A licensed <--
15 practitioner may cause a controlled dangerous substance, OTHER <--
16 DRUG OR DEVICE or drug to be administered by a professional
17 assistant under his direction and supervision.
18 (e) A veterinarian may prescribe, administer, or dispense a
19 controlled dangerous substance, or OTHER drug OR DEVICE only (i) <--
20 in good faith in the course of his professional practice, and
21 (ii) not for use by a human being. He may cause a controlled
22 dangerous substance, or OTHER drug OR DEVICE to be administered <--
23 by a professional assistant under his direction and supervision.
24 (f) Any narcotic drug OR DEVICE dispensed by a pharmacist <--
25 pursuant to a written prescription shall bear ORDER WHICH BEARS <--
26 a label showing (i) the name and address of the pharmacy and any
27 registration number obtained pursuant to any applicable Federal
28 laws, (ii) the name of the patient, or, if the patient is an
29 animal, the name of the owner of the animal and the species of
30 the animal, (iii) the name, address, and any registration number
19710H0851B2432 - 45 -
1 required to be obtained pursuant to any applicable Federal laws,
2 of the practitioner by whom the prescription ORDER was written, <--
3 and (iv) such directions as may be stated on the prescription
4 ORDER INCLUDING THE STATEMENT "TRANSFER OF THIS DRUG TO ANYONE <--
5 OTHER THAN THE PATIENT FOR WHOM IT WAS PRESCRIBED IS ILLEGAL"
6 AND (V) THE SERIAL NUMBER AND DATE OF FILING OF THE PRESCRIPTION
7 ORDER.
8 Section 12. Records of Distribution of Controlled Dangerous <--
9 Substances. and Drugs,--(a) Every person who sells or otherwise <--
10 distributes controlled dangerous substances, or controlled <--
11 drugs, shall keep records of all purchases or other receipt and
12 sales or other distribution of such drugs SUBSTANCES for two <--
13 years from the date of purchase or sale. Such records shall
14 include the name and address of the person from whom purchased
15 or otherwise received or to whom sold or otherwise distributed,
16 the date of purchase or receipt or sale or distribution, and the
17 quantity involved: Provided, however, That this subsection shall
18 not apply to a licensed practitioner authorized by law to <--
19 administer and dispense who dispenses controlled dangerous <--
20 substances or drugs SUBSTANCES to his patients, unless the <--
21 licensed practitioner is regularly engaged in charging his <--
22 patients, whether separately or together with charges for other
23 professional services, for substances so dispensed.
24 (b) Every practitioner licensed by law to administer,
25 dispense or distribute narcotic drugs CONTROLLED SUBSTANCES <--
26 shall keep a record of all such substances and drugs, <--
27 administered, dispensed or distributed by him, showing the
28 amount administered, dispensed or distributed, the date, the
29 name and address of the patient, and in the case of a
30 veterinarian, the name and address of the owners of the animal
19710H0851B2432 - 46 -
1 to whom such drugs SUBSTANCES are dispensed or distributed. Such <--
2 record shall be kept for two years from the date of
3 administering, dispensing or distributing such drug SUBSTANCE <--
4 and shall be open for inspection by the proper authorities.
5 (C) PERSONS REGISTERED OR LICENSED TO MANUFACTURE OR <--
6 DISTRIBUTE OR DISPENSE A CONTROLLED SUBSTANCE, OTHER DRUG OR
7 DEVICE UNDER THIS ACT SHALL KEEP RECORDS AND MAINTAIN
8 INVENTORIES IN CONFORMITY WITH THE RECORD-KEEPING AND INVENTORY
9 REQUIREMENTS OF FEDERAL LAW AND WITH ANY ADDITIONAL REGULATIONS
10 THE SECRETARY ISSUES.
11 Section 13. Lawful Acts.--The following acts are lawful <--
12 within the Commonwealth:
13 (1) The possession, control, dealing in, dispensing,
14 selling, delivery, distribution, prescription, trafficking in,
15 or giving of, any controlled dangerous substance, controlled
16 paraphernalia or controlled drug in strict compliance with the
17 provisions of this act and in the regular and lawful course of a
18 business, profession, employment, occupation or duties of (i)
19 manufacturers of drugs, (ii) persons engaged in the wholesale
20 drug trade, (iii) importers or exporters of drugs, (iv)
21 registered pharmacists in any licensed pharmacy, (v) bona fide
22 owners of pharmacies or drugstores, (vi) practitioners licensed
23 by law to administer, prescribe or dispense such drugs, (vii)
24 persons in the employ of the United States or of this
25 Commonwealth or of any county, municipality or township of this
26 Commonwealth and having such drugs in their possession by reason
27 of their official duties, (viii) warehousemen or common carriers
28 engaged bona fide in handling or transporting drugs, (ix) nurses
29 under the supervision of a physician, (x) persons in charge of a
30 laboratory where such drugs are used for the purpose of medical
19710H0851B2432 - 47 -
1 or scientific investigation, teaching or analysis and not for
2 further distribution, (xi) captains or proper officers of ships,
3 upon which no regular physician is employed, for the actual
4 medical needs of the officers and crew of their own ships only,
5 (xii) persons in the bona fide employ of any of the persons
6 above enumerated, (xiii) the provisions of this clause
7 pertaining to possession shall also apply to, in addition to the
8 foregoing, (A) persons having said drugs in their possession for
9 their own personal use only: Provided, That they have obtained
10 the same in good faith, for their own use, from a practitioner
11 licensed to prescribe or dispense such drugs, or in pursuance of
12 a prescription given them by a practitioner licensed to
13 prescribe such drugs or except as otherwise authorized by this
14 act, (B) persons having said drugs in their possession for the
15 use of an animal belonging to them: Provided, That they have
16 obtained the same in good faith, from a duly licensed
17 veterinarian, for the use of such animal, or in pursuance of a
18 prescription given by a duly licensed veterinarian.
19 (2) The sale, dispensation, distribution or gift by any
20 manufacturer, producer, importer or person engaged in the
21 wholesale drug trade of any controlled dangerous substance or
22 controlled drug as evidenced by a written order signed by the
23 person authorized by law to possess, sell, dispense or prescribe
24 such drugs to whom such drug is sold, dispensed, distributed or
25 given. "Written order" hereunder shall include bills of lading,
26 invoices, receipts or written memorandums signed by the person
27 authorized by law to receive such drugs, showing the names and
28 quantities of drugs purchased.
29 (3) The sale, dispensation, distribution or gift by any
30 registered pharmacist in any licensed pharmacy of any controlled
19710H0851B2432 - 48 -
1 dangerous substance or controlled drug to (i) a practitioner
2 licensed by law to administer, dispense or prescribe such drug,
3 (ii) a bona fide hospital, dispensary, asylum, sanatorium or
4 public institution, (iii) an individual in pursuance of a
5 written prescription, or an oral prescription subject to the
6 requirements hereinafter set forth, issued by a practitioner
7 licensed by law to prescribe such drug, which prescription shall
8 be dated as of the day on which signed and shall be signed by
9 the practitioner who issued the same, (iv) a person in charge of
10 a laboratory where such drugs are used in medical or scientific
11 investigation, teaching or analysis and not for sale or further
12 distribution, (v) the captain or proper officer of a ship upon
13 which no regular physician is employed for the actual medical
14 needs of the officers and crew of such ship only, (vi) a person
15 in the employ of the United States or of this Commonwealth or of
16 any county, municipality or township thereof, purchasing or
17 receiving the same in his official capacity.
18 (4) Using, taking, administering to the person or causing to
19 be administered to the person, or administering to any other
20 person or causing to be administered to any other person, any
21 controlled dangerous substance or controlled drug under the
22 advice and direction and with the consent of a practitioner
23 licensed by law to prescribe or administer such drugs to human
24 beings.
25 Section 14. Prohibited Acts; Penalties.--(a) The following
26 commercial type acts and the causing thereof within the
27 Commonwealth are hereby prohibited:
28 (1) The manufacture, sale or delivery, holding, offering for
29 sale, or possession of any drug, device or cosmetic that is
30 adulterated or misbranded.
19710H0851B2432 - 49 -
1 (2) The adulteration or misbranding of any drug, device or
2 cosmetic.
3 (3) The receipt in commerce of any drug, device or cosmetic
4 that is adulterated or misbranded and the delivery or proffered
5 delivery thereof for pay or otherwise.
6 (4) The sale, delivery for sale, holding for sale or
7 offering for sale of any article in violation of section 10.
8 (5) The dissemination or publication of any false or
9 materially misleading advertisement.
10 (6) The removal or disposal of a detained or embargoed
11 article in violation of section 25, whether or not such article
12 is in fact adulterated or misbranded.
13 (7) The adulteration, mutilation, destruction, obliteration
14 or removal of the whole or any part of the labeling of, or the
15 doing of any other act with respect to a drug, device or
16 cosmetic, if such act is done while such article is held for
17 sale and results in such article being adulterated or
18 misbranded.
19 (8) Forging, counterfeiting, simulating or falsely
20 representing, or without proper authority using any mark, stamp,
21 tag, label or other identification device authorized or required
22 by regulation promulgated under the provisions of this act.
23 (9) Placing or causing to be placed upon any drug or
24 pharmaceutical preparation, or upon the container of any drug or
25 pharmaceutical preparation, with intent to defraud, the
26 trademark, trade name or other identifying mark, imprint or
27 device of another, or any likeness of any of the foregoing.
28 (10) Selling, dispensing, disposing of or causing to be
29 sold, dispensed or disposed of, or keeping in possession,
30 control or custody, or concealing any drug or pharmaceutical
19710H0851B2432 - 50 -
1 preparation or any container of any drug or pharmaceutical
2 preparation with knowledge that the trademark, trade name or
3 other identifying mark, imprint or device of another, or any
4 likeness of any of the foregoing, has been placed thereon in a
5 manner prohibited by clause (9) hereof.
6 (11) Making, selling, disposing of or causing to be made,
7 sold, or disposed of, or keeping in possession, control or
8 custody, or concealing with intent to defraud, any punch, die,
9 plate, stone or other thing designed to print, imprint or
10 reproduce the trademark, trade name or other identifying mark,
11 imprint or device of another or any likeness of any of the
12 foregoing upon any drug, pharmaceutical preparation, or
13 container thereof.
14 (12) The use on the labeling of any drug, or in any
15 advertisement relating to such drug, of any representation or
16 suggestion that any application with respect to such drug is
17 effective under section 10 or that such drug complies with the
18 provisions of such section.
19 (13) The use of any statement or representation in
20 advertising or promoting the retail sale of any drug that the
21 seller of such drug is registered under this act.
22 (14) The sale at retail of a nonproprietary drug except by a
23 registered pharmacist in a licensed pharmacy or by a
24 practitioner.
25 (15) The operation of a drug manufacturing, wholesaling or
26 retailing establishment, except by registered pharmacists in a
27 licensed pharmacy, without conforming with such standards
28 respecting sanitation, materials, equipment and supplies as the
29 secretary, after consultation with the board, may establish by
30 regulation for the protection of the public health and safety.
19710H0851B2432 - 51 -
1 (16) The sale, dispensation, distribution or gift by any
2 registered pharmacist or operator of a licensed pharmacy of any
3 controlled dangerous substance or controlled drug listed in
4 Schedules II, III and IV of section 4 except in pursuance of an
5 oral order or a written order signed by the person to whom such
6 drugs are sold, dispensed, distributed or given as provided for
7 in section 11, when such drugs are sold, dispensed, distributed
8 or given to an individual in pursuance of a prescription. Such
9 prescription shall be regarded as the written order herein
10 required and no further written order shall be necessary. Such
11 orders shall be kept and preserved for a period of two years.
12 Where there is no initial written order in an emergency
13 situation, said order shall be verified by a written memorandum
14 signed by the vendee.
15 (17) The sale, dispensation, distribution, prescription or
16 gift by any practitioner otherwise authorized by law so to do of
17 any controlled drug or controlled dangerous substance to any
18 person known to such practitioner to be a drug dependent person,
19 unless said drug is prescribed, administered, dispensed or
20 given, for the cure or treatment of some malady other than the
21 drug habit, except that a controlled drug such as methadone may
22 be permitted by such regulations for the treatment of the drug
23 habit pursuant to regulations providing for such use.
24 (18) The administration, dispensation, delivery, gift or
25 prescription by any practitioner otherwise authorized by law so
26 to do of any controlled dangerous substance or controlled drug
27 except after a physical or visual examination of the person or
28 animal for whom said drugs are intended, said examination to be
29 made at the time said prescription is issued or at the time said
30 drug is administered, dispensed, given away or delivered by said
19710H0851B2432 - 52 -
1 practitioner, or except where the practitioner is satisfied by
2 evidence that the person is not a drug dependent person. No
3 veterinarian shall sell, dispense, distribute, give or prescribe
4 any narcotic drug for the use of a human being.
5 (19) The sale at retail or dispensing of any controlled drug
6 or controlled dangerous substance listed in Schedules II, III
7 and IV to any person, except to one authorized by law to sell,
8 dispense, prescribe or possess such drugs or substances, unless
9 upon the written or oral prescription of a person licensed by
10 law to prescribe such drug and unless compounded or dispensed by
11 a registered pharmacist or under the immediate personal
12 supervision of a registered pharmacist, or the refilling of a
13 written or oral prescription for a drug, unless such refilling
14 is authorized by the prescriber either in the original written
15 prescription or by written confirmation of the original oral
16 prescription. The provisions of this subsection shall not apply
17 to a practitioner licensed to prescribe or dispense such drugs,
18 who keeps a record of the amount of such drugs purchased and a
19 dispensing record showing the date, name, and quantity of the
20 drug dispensed and the name and address of the patient, as
21 required by this act.
22 (20) The dispensing of any controlled drug or controlled
23 dangerous substance by a pharmacist without affixing to the
24 container in which the drug is sold or dispensed a label bearing
25 the name and address of the pharmacy, the name of the patient,
26 the date compounded and the consecutive number of the
27 prescription under which it is recorded in his prescription
28 files, together with the name of the practitioner prescribing
29 it.
30 (21) The dispensing of a controlled drug or controlled
19710H0851B2432 - 53 -
1 dangerous substance by a practitioner otherwise authorized by
2 law so to do without affixing to the container in which the drug
3 is sold or dispensed a label bearing the name and address of the
4 practitioner, the date dispensed, the name of the patient and
5 the directions for the use of the drug by the patient.
6 (22) The selling or possession by a pharmacy or wholesaler
7 of any drug or controlled dangerous substance defined herein
8 unless the container bears a label, securely attached thereto,
9 stating conspicuously the specific name of the drug and the
10 proportion or amount thereof. Such label shall not be necessary
11 when the drug is dispensed by a pharmacist upon a prescription
12 or dispensed by a practitioner authorized by law to dispense
13 such drugs to his own patients and the container is labeled in
14 the manner prescribed in this act.
15 (23) The purchase or receipt in commerce by any person of
16 any drugs or devices from any person not authorized by law to
17 sell, distribute, dispense or otherwise deal in such drugs or
18 devices.
19 (24) The using by any person to his own advantage or
20 revealing other than to the secretary or officers or employes of
21 the Department of Health or to the council or to the board or to
22 courts or a hearing examiner when relevant to proceedings under
23 this act any information acquired under authority of this act
24 concerning any method or process which as a trade secret is
25 entitled to protection. Such information obtained under the
26 authority of this act shall not be admitted in evidence in any
27 proceeding before any court of the Commonwealth except in
28 proceedings under this act.
29 Any person who violates any of the provisions of this
30 subsection (a) shall be guilty of a misdemeanor, and shall, on
19710H0851B2432 - 54 -
1 conviction thereof, be sentenced to imprisonment for not more
2 than one year or a fine of not more than five thousand dollars
3 ($5,000), or both; but if the violation is committed after a
4 prior conviction of such person, for a violation of this act
5 under this section, has become final, such person shall be
6 sentenced to imprisonment for not more than three years or a
7 fine of not more than twenty-five thousand dollars ($25,000), or
8 both.
9 (b) Any person who is an otherwise legitimate producer,
10 manufacturer, or distributor and who fails to register or obtain
11 a license as required by this act shall be guilty of a
12 misdemeanor, and shall, on conviction thereof, be punished only
13 as follows:
14 (1) Upon conviction of the first such offense, he shall be
15 sentenced to imprisonment for not more than six months, or fined
16 not exceeding ten thousand dollars ($10,000), or both.
17 (2) Upon conviction of the second and subsequent such
18 offense, he shall be sentenced to imprisonment for not more than
19 two years, or fined not exceeding forty thousand dollars
20 ($40,000), or both.
21 (c) Any person who fails to maintain or permit inspection of
22 records as required by this act or divulges information in
23 violation of this act shall be guilty of a felony, and shall, on
24 conviction thereof, be punished as follows:
25 (1) Upon conviction of the first such offense, he shall be
26 sentenced to imprisonment for not more than two years, or fined
27 not exceeding ten thousand dollars ($10,000), or have his
28 license revoked for not exceeding one year, or any of these.
29 (2) Upon conviction of the second and subsequent such
30 offense, he shall be sentenced to imprisonment for not more than
19710H0851B2432 - 55 -
1 ten years, or fined not exceeding thirty thousand dollars
2 ($30,000), or have his license revoked for not more than five
3 years, or any of these.
4 (d) Any person, not authorized by law to do so, who
5 acquires, receives, possesses, stores, sells or distributes any
6 controlled paraphernalia shall be guilty of a felony and shall,
7 on conviction thereof, be sentenced to imprisonment for not more
8 than three years or a fine of not more than five thousand
9 dollars ($5,000), or both.
10 (e) It shall be unlawful for any person to obtain or attempt
11 to obtain a controlled dangerous substance or controlled drug
12 by:
13 (1) Misrepresentation, deception, or subterfuge, (i) from
14 any person that he believes uses such a substance or drug in
15 research, teaching, or chemical analysis, and who in fact is
16 authorized by law to administer, dispense, or distribute such a
17 substance or drug; or (ii) from any person that he believes is
18 lawfully entitled to possess and distribute a controlled
19 dangerous substance or controlled drug, and who in fact is
20 authorized by law to administer, dispense, or distribute such a
21 substance or drug;
22 (2) Use of a prescription that has been forged, or that has
23 been altered by someone other than the prescribing practitioner;
24 or
25 (3) Use of a false name or address on a prescription.
26 Any person who obtained a controlled drug or controlled
27 dangerous substance by any means of fraud or deceit as herein
28 set forth shall be guilty of a misdemeanor and shall, upon
29 conviction thereof, be punished as follows:
30 (1) Upon conviction of the first such offense, he shall be
19710H0851B2432 - 56 -
1 sentenced to imprisonment for not more than one year, or fined
2 not exceeding five thousand dollars ($5,000), or both.
3 (2) Upon conviction of the second and subsequent such
4 offense, he shall be sentenced to imprisonment for not more than
5 two years, or fined not exceeding ten thousand dollars
6 ($10,000), or both.
7 (3) Any person who is a drug dependent person and who
8 violates this provision to satisfy his drug dependence, and who
9 is not charged with a trafficking offense involving distribution
10 of a controlled drug or controlled dangerous substance at
11 wholesale or distribution at retail of any controlled drug or
12 dangerous substance as part of an organized professional system,
13 shall be handled only pursuant to the provisions relating to
14 care, treatment and civil commitment.
15 (f) It shall be unlawful for any person who is not
16 registered or licensed as required by law to possess a
17 controlled drug or controlled dangerous substance with intent to
18 distribute it or to distribute a controlled drug or controlled
19 dangerous substance in violation of this act and shall, upon
20 conviction thereof, be punished as follows:
21 (1) Trafficking in the First Degree. A person who in
22 violation of this act possesses a controlled drug or controlled
23 dangerous substance except marihuana with intent to distribute
24 it or who in violation of this act distributes a controlled drug
25 or controlled dangerous substance except marihuana at wholesale
26 to another distributor shall be guilty of a felony, and shall,
27 on conviction thereof, be punished as follows:
28 (i) upon conviction of the first such offense involving a
29 controlled drug or controlled dangerous substance classified in
30 Schedule I or II which is a narcotic drug, such person shall be
19710H0851B2432 - 57 -
1 sentenced to imprisonment for not more than twenty years and
2 fined without limitation an amount sufficient to exhaust the
3 assets utilized in and the profits obtained by the illegal
4 activity and upon conviction of the second and subsequent such
5 offense, he shall be sentenced to imprisonment for not more than
6 life, and fined without limitation an amount sufficient to
7 exhaust the assets utilized in and the profits obtained by the
8 illegal activity;
9 (ii) upon conviction of the first such offense involving a
10 controlled drug or dangerous substance classified in Schedule I
11 or II which is not a narcotic drug or any controlled drug or
12 controlled dangerous substance classified in Schedule III, such
13 person shall be sentenced to imprisonment for not more than five
14 years, or fined not exceeding fifteen thousand dollars
15 ($15,000), or both and upon conviction of the second and
16 subsequent such offense, he shall be sentenced to imprisonment
17 for not more than ten years, or fined not exceeding thirty
18 thousand dollars ($30,000), or both;
19 (iii) upon conviction of the first such offense involving a
20 controlled drug or controlled dangerous substance classified in
21 Schedule IV, such person shall be sentenced to imprisonment for
22 not more than three years, or fined not exceeding ten thousand
23 dollars ($10,000), or both and upon conviction of the second and
24 subsequent such offense, he shall be sentenced to imprisonment
25 of not more than six years, or fined not exceeding twenty
26 thousand dollars ($20,000), or both;
27 (iv) upon conviction of the first such offense involving a
28 controlled drug or controlled dangerous substance classified in
29 Schedule V, such person shall be sentenced to imprisonment of
30 not more than one year, or fined not exceeding five thousand
19710H0851B2432 - 58 -
1 dollars ($5,000), or both and upon conviction of the second and
2 subsequent such offense, he shall be sentenced to imprisonment
3 for not more than two years, or fined not exceeding ten thousand
4 dollars ($10,000), or both.
5 (2) Trafficking in the Second Degree. A person who in
6 violation of this act possesses a controlled drug or controlled
7 dangerous substance except marihuana with intent to distribute
8 it to an ultimate user thereof in violation of this act, or who
9 in violation of this act distributes a controlled drug or
10 controlled dangerous substance except marihuana to an ultimate
11 user thereof, shall be guilty of a felony, and shall, on
12 conviction thereof, be punished as follows:
13 (i) upon conviction of the first such offense involving a
14 controlled drug or controlled dangerous substance classified in
15 Schedule I or II which is a narcotic drug, such person shall be
16 sentenced to imprisonment for not more than twenty years, and
17 fined an amount sufficient to exhaust the assets utilized in and
18 the profits obtained by the illegal activity, and upon
19 conviction of the second and subsequent such offense, he shall
20 be sentenced to imprisonment for not more than forty years, and
21 fined an amount sufficient to exhaust the assets utilized in and
22 the profits obtained by the illegal activity;
23 (ii) upon conviction of the first such offense involving a
24 controlled drug or controlled dangerous substance classified in
25 Schedule I or II which is not a narcotic drug or any controlled
26 drug or controlled dangerous substance classified in Schedule
27 III, such person shall be sentenced to imprisonment for not more
28 than five years, or fined not exceeding five thousand dollars
29 ($5,000), or both and upon conviction of the second and
30 subsequent such offense, he shall be sentenced to imprisonment
19710H0851B2432 - 59 -
1 for not more than ten years, or fined not exceeding ten thousand
2 dollars ($10,000), or both;
3 (iii) upon conviction of the first such offense involving a
4 controlled drug or controlled dangerous substance classified in
5 Schedule IV, such person shall be sentenced to imprisonment for
6 not more than three years, or fined not exceeding three thousand
7 dollars ($3,000), or both and upon conviction of the second and
8 subsequent such offense, he shall be sentenced to imprisonment
9 for not more than six years, or fined not exceeding six thousand
10 dollars ($6,000), or both;
11 (iv) upon conviction of the first such offense involving a
12 controlled drug or controlled dangerous substance classified in
13 Schedule V, such person shall be sentenced to imprisonment for
14 not more than one year, or fined not exceeding two thousand
15 dollars ($2,000), or both, and upon conviction of the second and
16 subsequent such offense, he shall be sentenced to imprisonment
17 for not more than two years, or fined not exceeding three
18 thousand dollars ($3,000), or both.
19 (3) Trafficking in the Third Degree. A person who in
20 violation of this act possesses marihuana with intent to
21 distribute it, or who in violation of this act distributes
22 marihuana, shall be guilty of a felony, and shall, on conviction
23 thereof, be punished as follows:
24 (i) upon conviction of the first such offense, he shall be
25 sentenced to imprisonment for not more than ten years, and fined
26 an amount sufficient to exhaust the assets utilized in and the
27 profits obtained by the illegal activity;
28 (ii) upon conviction of the second such offense, he shall be
29 sentenced to imprisonment for not more than twenty years, and
30 fined an amount sufficient to exhaust the assets utilized in and
19710H0851B2432 - 60 -
1 the profits obtained by the illegal activity.
2 (g) Any person who manufactures or distributes a counterfeit
3 drug or substance or who possesses a counterfeit drug or
4 substance with intent to distribute it, knowing it to be a
5 counterfeit drug or substance, or who manufactures or
6 distributes any device intended to reproduce any identifying
7 name or mark upon any drug or substance or container or labeling
8 so as to render such drug or substance a counterfeit drug, shall
9 be guilty of a felony, and shall, upon conviction thereof, be
10 punished as follows:
11 (1) Upon conviction of the first such offense involving a
12 counterfeit substance classified in Schedule I or II which is a
13 narcotic drug, such person shall be sentenced to imprisonment
14 for not more than ten years, and fined without limitation in an
15 amount sufficient to exhaust the assets utilized in and the
16 profits obtained by the illegal activity and upon conviction of
17 the second and subsequent such offense, he shall be sentenced to
18 imprisonment for not more than thirty years, and fined without
19 limitation an amount sufficient to exhaust the assets utilized
20 in and the profits obtained by the illegal activity.
21 (2) Upon conviction of the first such offense involving a
22 counterfeit substance classified in Schedule I or II which is
23 not a narcotic drug or any counterfeit substance classified in
24 Schedule III, shall be sentenced to imprisonment for not more
25 than five years, or fined not exceeding ten thousand dollars
26 ($10,000), or both and upon the second and subsequent such
27 offense, he shall be sentenced to imprisonment for not more than
28 ten years, or fined not exceeding twenty thousand dollars
29 ($20,000), or both.
30 (3) Upon conviction of the first such offense involving a
19710H0851B2432 - 61 -
1 counterfeit substance classified in Schedule IV, such person
2 shall be sentenced to imprisonment for not more than three
3 years, or fined not exceeding seven thousand five hundred
4 dollars ($7,500), or both and upon conviction of the second and
5 subsequent such offense, he shall be sentenced to imprisonment
6 for not more than six years, or fined not exceeding fifteen
7 thousand dollars ($15,000), or both.
8 (4) Upon conviction of the first such offense involving a
9 counterfeit substance classified in Schedule V, such person
10 shall be sentenced to imprisonment for not more than one year,
11 or fined not exceeding five thousand dollars ($5,000), or both
12 and upon conviction of the second and subsequent such offense,
13 he shall be sentenced to imprisonment for not more than two
14 years, or fined not exceeding ten thousand dollars ($10,000), or
15 both.
16 (h) Any person who acquires a controlled drug or controlled
17 dangerous substance in violation of this act with intent to
18 distribute, administer, or dispense it in accordance with this
19 act, or who acquires a controlled drug or controlled dangerous
20 substance in violation of this act and distributes, administers,
21 or dispenses it in accordance with this act, shall be guilty of
22 a felony, and shall, on conviction thereof, be punished only as
23 follows:
24 (1) Upon conviction of the first such offense involving a
25 controlled drug or controlled dangerous substance classified in
26 Schedule I or II which is a narcotic drug, such person shall be
27 sentenced to imprisonment for not more than four years, or fined
28 not exceeding twenty thousand dollars ($20,000), or have his
29 license suspended for not exceeding six months, or any of these
30 and upon conviction of the second and subsequent such offense,
19710H0851B2432 - 62 -
1 he shall be sentenced to imprisonment for not more than ten
2 years, or fined not exceeding fifty thousand dollars ($50,000),
3 or have his license suspended or revoked, or any of these.
4 (2) 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 not a narcotic drug and any controlled
7 drug or controlled dangerous substance classified in Schedule
8 III, such person shall be sentenced to imprisonment for not more
9 than three years, or fined not exceeding fifteen thousand
10 dollars ($15,000), or have his license suspended for not
11 exceeding four months, or any of these and upon conviction of
12 the second and subsequent such offense, he shall be sentenced to
13 imprisonment for not more than eight years, or fined not
14 exceeding thirty thousand dollars ($30,000), or have his license
15 suspended or revoked, or any of these.
16 (3) Upon conviction of the first such offense involving a
17 controlled drug or controlled dangerous substance classified in
18 Schedule IV, such person shall be sentenced to imprisonment for
19 not more than two years, or fined not exceeding ten thousand
20 dollars ($10,000), or have his license suspended for not
21 exceeding three months, or any of these and upon conviction of
22 the second and subsequent such offense, he shall be sentenced to
23 imprisonment for not more than six years, or fined not exceeding
24 twenty thousand dollars ($20,000), or have his license suspended
25 or revoked, or any of these.
26 (4) Upon conviction of the first such offense involving a
27 controlled drug or controlled dangerous substance classified in
28 Schedule V, such person shall be sentenced to imprisonment for
29 not more than one year, or fined not exceeding five thousand
30 dollars ($5,000), or have his license suspended for not
19710H0851B2432 - 63 -
1 exceeding two months, or any of these and upon conviction of the
2 second and subsequent offense, he shall be sentenced to
3 imprisonment for not more than four years, or fined not
4 exceeding ten thousand dollars ($10,000), or have his license
5 suspended or revoked, or any of these.
6 (i) Any person who prescribes, administers, dispenses, or
7 investigates a controlled drug or controlled dangerous substance
8 in violation of this act shall be guilty of a misdemeanor for
9 the first and second offense and shall be guilty of a felony for
10 the third and subsequent offense and shall, on conviction
11 thereof, be punished as follows:
12 (1) Upon conviction of the first and second such offense
13 involving a controlled drug or controlled dangerous substance
14 classified in Schedule I or II which is a narcotic drug, such
15 person shall be sentenced to imprisonment for not more than one
16 year, or fined not more than five thousand dollars ($5,000), or
17 have his license suspended for not exceeding three months, or
18 any of these and upon conviction of the third and subsequent
19 such offense he shall be sentenced to imprisonment for not more
20 than ten years, or fined not exceeding thirty thousand dollars
21 ($30,000), or have his license suspended or revoked, or any of
22 these.
23 (2) Upon conviction of the first and second such offense
24 involving a controlled drug or controlled dangerous substance
25 classified in Schedule I or II which is not a narcotic drug, and
26 any controlled drug or controlled dangerous substance classified
27 in Schedule III, such person shall be sentenced to imprisonment
28 for not more than six months, or fined not more than three
29 thousand dollars ($3,000), or have his license suspended for not
30 exceeding two months, or any of these and upon conviction of the
19710H0851B2432 - 64 -
1 third and subsequent such offense he shall be sentenced to
2 imprisonment for not more than eight years, or fined not
3 exceeding eighteen thousand dollars ($18,000), or have his
4 license suspended or revoked, or any of these.
5 (3) Upon conviction of the first and second such offense
6 involving a controlled drug or controlled dangerous substance
7 classified in Schedule IV, such person shall be sentenced to
8 imprisonment for not more than three months, or fined not
9 exceeding two thousand dollars ($2,000), or have his license
10 suspended for not exceeding one month, or any of these and upon
11 conviction of the third and subsequent such offense he shall be
12 sentenced to imprisonment for not more than six years, or fined
13 not exceeding twelve thousand dollars ($12,000), or have his
14 license suspended or revoked, or any of these.
15 (4) Upon conviction of the first and second such offense
16 involving a controlled drug or controlled dangerous substance
17 classified in Schedule V, such person shall be sentenced to
18 imprisonment for not more than two months, or fined not
19 exceeding one thousand dollars ($1,000), or have his license
20 suspended for not exceeding one month, or any of these and upon
21 conviction of the third and subsequent such offense he shall be
22 sentenced to imprisonment for not more than four years, or fined
23 not exceeding six thousand dollars ($6,000), or have his license
24 suspended or revoked, or any of these.
25 (j) Any person who has possession illegally of any
26 controlled drug or controlled dangerous substance for personal
27 use or distribution not for remuneration shall be guilty of a
28 misdemeanor, and shall, on conviction thereof, be punished only
29 as follows:
30 (1) Possession in the First Degree. Any person who in
19710H0851B2432 - 65 -
1 violation of this act possesses a controlled drug or controlled
2 dangerous substance except marihuana for personal use, or who in
3 violation of this act possesses a controlled drug or controlled
4 dangerous substance except marihuana with intent to distribute
5 it but not for remuneration or for the purpose of making another
6 dependent upon the drug or substance, or who in violation of
7 this act distributes a controlled drug or controlled dangerous
8 substance except marihuana but not for remuneration or for the
9 purpose of making another dependent upon the drug or substance,
10 shall be admonished by the court about the seriousness of the
11 violation, or required to complete a course on drug abuse
12 prescribed by the council, or imprisoned not exceeding two
13 years, or fined not exceeding ten thousand dollars ($10,000), or
14 any of these.
15 (2) Possession in the Second Degree. Any person who in
16 violation of this act possesses marihuana for personal use, or
17 who in violation of this act possesses marihuana with intent to
18 distribute it but not for remuneration or for the purpose of
19 introducing another to the drug, or who in violation of this act
20 distributes marihuana but not for remuneration or for the
21 purpose of introducing another to the drug shall be admonished
22 by the court about the seriousness of the violation, or required
23 to complete a prescribed course on drug abuse, or imprisonment
24 not exceeding thirty days, or fined not exceeding five hundred
25 dollars ($500), or any of these.
26 SECTION 13. PROHIBITED ACTS; PENALTIES.--(A) THE FOLLOWING <--
27 ACTS AND THE CAUSING THEREOF WITHIN THE COMMONWEALTH ARE HEREBY
28 PROHIBITED:
29 (1) THE MANUFACTURE, SALE OR DELIVERY, HOLDING, OFFERING FOR
30 SALE, OR POSSESSION OF ANY CONTROLLED SUBSTANCE, OTHER DRUG,
19710H0851B2432 - 66 -
1 DEVICE OR COSMETIC THAT IS ADULTERATED OR MISBRANDED.
2 (2) THE ADULTERATION OR MISBRANDING OF ANY CONTROLLED
3 SUBSTANCE, OTHER DRUG, DEVICE OR COSMETIC.
4 (3) THE DISSEMINATION OR PUBLICATION OF ANY FALSE OR
5 MATERIALLY MISLEADING ADVERTISEMENT.
6 (4) THE REMOVAL OR DISPOSAL OF A DETAINED OR EMBARGOED
7 SUBSTANCE OR ARTICLE, WHETHER OR NOT SUCH SUBSTANCE OR ARTICLE
8 IS IN FACT ADULTERATED OR MISBRANDED.
9 (5) THE ADULTERATION, MUTILATION, DESTRUCTION, OBLITERATION
10 OR REMOVAL OF THE WHOLE OR ANY PART OF THE LABELING OF, OR THE
11 DOING OF ANY OTHER ACT WITH RESPECT TO A CONTROLLED SUBSTANCE,
12 OTHER DRUG, DEVICE OR COSMETIC, IF SUCH ACT IS DONE WHILE SUCH
13 SUBSTANCE OR ARTICLE IS HELD FOR SALE AND RESULTS IN SUCH
14 SUBSTANCE OR ARTICLE BEING ADULTERATED OR MISBRANDED.
15 (6) FORGING, COUNTERFEITING, SIMULATING OR FALSELY
16 REPRESENTING, OR WITHOUT PROPER AUTHORITY USING ANY MARK, STAMP,
17 TAG, LABEL OR OTHER IDENTIFICATION SYMBOL AUTHORIZED OR REQUIRED
18 BY REGULATION PROMULGATED UNDER THE PROVISIONS OF THIS ACT.
19 (7) PLACING OR CAUSING TO BE PLACED UPON ANY CONTROLLED
20 SUBSTANCE, OTHER DRUG, DEVICE OR COSMETIC, OR UPON THE CONTAINER
21 OF ANY CONTROLLED SUBSTANCE, OTHER DRUG, DEVICE OR COSMETIC,
22 WITH INTENT TO DEFRAUD, THE TRADEMARK, TRADE NAME OR OTHER
23 IDENTIFYING MARK, IMPRINT OR SYMBOL OF ANOTHER, OR ANY LIKENESS
24 OF ANY OF THE FOREGOING.
25 (8) SELLING, DISPENSING, DISPOSING OF OR CAUSING TO BE SOLD,
26 DISPENSED OR DISPOSED OF, OR KEEPING IN POSSESSION, CONTROL OR
27 CUSTODY, OR CONCEALING ANY CONTROLLED SUBSTANCE, OTHER DRUG,
28 DEVICE OR COSMETIC OR ANY CONTAINER OF ANY DRUG, DEVICE OR
29 COSMETIC WITH KNOWLEDGE THAT THE TRADEMARK, TRADE NAME OR OTHER
30 IDENTIFYING MARK, IMPRINT OR SYMBOL OF ANOTHER, OR ANY LIKENESS
19710H0851B2432 - 67 -
1 OF ANY OF THE FOREGOING, HAS BEEN PLACED THEREON IN A MANNER
2 PROHIBITED BY CLAUSE (7) HEREOF.
3 (9) MAKING, SELLING, DISPOSING OF OR CAUSING TO BE MADE,
4 SOLD, OR DISPOSED OF, OR KEEPING IN POSSESSION, CONTROL OR
5 CUSTODY, OR CONCEALING WITH INTENT TO DEFRAUD, ANY PUNCH, DIE,
6 PLATE, STONE OR OTHER THING DESIGNED TO PRINT, IMPRINT OR
7 REPRODUCE THE TRADEMARK, TRADE NAME OR OTHER IDENTIFYING MARK,
8 IMPRINT OR SYMBOL OF ANOTHER OR ANY LIKENESS OF ANY OF THE
9 FOREGOING UPON ANY CONTROLLED SUBSTANCE, OTHER DRUG, DEVICE OR
10 COSMETIC OR CONTAINER THEREOF.
11 (10) THE SALE AT RETAIL OF A NONPROPRIETARY DRUG EXCEPT BY A
12 REGISTERED PHARMACIST IN A LICENSED PHARMACY OR BY A
13 PRACTITIONER.
14 (11) THE OPERATION OF A DRUG MANUFACTURING, DISTRIBUTING OR
15 RETAILING ESTABLISHMENT, EXCEPT BY REGISTERED PHARMACISTS IN A
16 LICENSED PHARMACY, WITHOUT CONFORMING WITH SUCH STANDARDS
17 RESPECTING SANITATION, PERSONNEL, MATERIALS, EQUIPMENT AND
18 SUPPLIES AS THE SECRETARY, AFTER CONSULTATION WITH THE BOARD,
19 MAY ESTABLISH BY REGULATION FOR THE PROTECTION OF THE PUBLIC
20 HEALTH AND SAFETY.
21 (12) THE ACQUISITION OR OBTAINING OF POSSESSION OF A
22 CONTROLLED SUBSTANCE BY MISREPRESENTATION, FRAUD, FORGERY,
23 DECEPTION OR SUBTERFUGE.
24 (13) THE SALE, DISPENSING, DISTRIBUTION, PRESCRIPTION OR
25 GIFT BY ANY PRACTITIONER OTHERWISE AUTHORIZED BY LAW SO TO DO OF
26 ANY CONTROLLED SUBSTANCE TO ANY PERSON KNOWN TO SUCH
27 PRACTITIONER TO BE OR WHOM SUCH PRACTITIONER HAS REASON TO KNOW
28 IS A DRUG DEPENDENT PERSON, UNLESS SAID DRUG IS PRESCRIBED,
29 ADMINISTERED, DISPENSED OR GIVEN, FOR THE CURE OR TREATMENT OF
30 SOME MALADY OTHER THAN DRUG DEPENDENCY, EXCEPT THAT A CONTROLLED
19710H0851B2432 - 68 -
1 SUBSTANCE, INCLUDING BUT NOT LIMITED TO, METHADONE MAY BE
2 PERMITTED FOR THE TREATMENT OF DRUG DEPENDENCY PURSUANT TO
3 REGULATIONS OF THE SECRETARY PROVIDING FOR SUCH USE. THIS CLAUSE
4 SHALL NOT PROHIBIT ANY PRACTITIONER FROM PRESCRIBING,
5 DISTRIBUTING OR DISPENSING ANY CONTROLLED SUBSTANCE ON A SHORT
6 TERM BASIS PENDING CONFIRMED ADMISSION OF THE PATIENT TO A
7 HOSPITAL OR REHABILITATION CENTER.
8 (14) THE ADMINISTRATION, DISPENSING, DELIVERY, GIFT OR
9 PRESCRIPTION BY ANY PRACTITIONER OTHERWISE AUTHORIZED BY LAW SO
10 TO DO OF ANY CONTROLLED SUBSTANCE EXCEPT AFTER A PHYSICAL OR
11 VISUAL EXAMINATION OF THE PERSON OR ANIMAL FOR WHOM SAID DRUGS
12 ARE INTENDED, SAID EXAMINATION TO BE MADE AT THE TIME SAID
13 PRESCRIPTION ORDER IS ISSUED OR AT THE TIME SAID DRUG IS
14 ADMINISTERED, DISPENSED, GIVEN AWAY OR DELIVERED BY SAID
15 PRACTITIONER, OR EXCEPT WHERE THE PRACTITIONER IS SATISFIED BY
16 EVIDENCE THAT THE PERSON IS NOT A DRUG DEPENDENT PERSON.
17 (15) THE SALE AT RETAIL OR DISPENSING OF ANY CONTROLLED
18 SUBSTANCE LISTED IN SCHEDULES II, III AND IV TO ANY PERSON,
19 EXCEPT TO ONE AUTHORIZED BY LAW TO SELL, DISPENSE, PRESCRIBE OR
20 POSSESS SUCH SUBSTANCES, UNLESS UPON THE WRITTEN OR ORAL
21 PRESCRIPTION OF A PERSON LICENSED BY LAW TO PRESCRIBE SUCH DRUG
22 AND UNLESS COMPOUNDED OR DISPENSED BY A REGISTERED PHARMACIST OR
23 PHARMACY INTERN UNDER THE IMMEDIATE PERSONAL SUPERVISION OF A
24 REGISTERED PHARMACIST, OR THE REFILLING OF A WRITTEN OR ORAL
25 PRESCRIPTION ORDER FOR A DRUG, UNLESS SUCH REFILLING IS
26 AUTHORIZED BY THE PRESCRIBER EITHER IN THE ORIGINAL WRITTEN
27 PRESCRIPTION ORDER OR BY WRITTEN CONFIRMATION OF THE ORIGINAL
28 ORAL PRESCRIPTION ORDER. THE PROVISIONS OF THIS SUBSECTION SHALL
29 NOT APPLY TO A PRACTITIONER LICENSED TO PRESCRIBE OR DISPENSE
30 SUCH DRUGS, WHO KEEPS A RECORD OF THE AMOUNT OF SUCH DRUGS
19710H0851B2432 - 69 -
1 PURCHASED AND A DISPENSING RECORD SHOWING THE DATE, NAME, AND
2 QUANTITY OF THE DRUG DISPENSED AND THE NAME AND ADDRESS OF THE
3 PATIENT, AS REQUIRED BY THIS ACT.
4 (16) KNOWINGLY OR INTENTIONALLY POSSESSING A CONTROLLED
5 SUBSTANCE UNLESS THE SUBSTANCE WAS OBTAINED DIRECTLY FROM, OR
6 PURSUANT TO, A VALID PRESCRIPTION ORDER OR ORDER OF A
7 PRACTITIONER, OR EXCEPT AS OTHERWISE AUTHORIZED BY THIS ACT.
8 (17) THE WILFUL DISPENSING OF A CONTROLLED SUBSTANCE BY A
9 PRACTITIONER OTHERWISE AUTHORIZED BY LAW SO TO DO WITHOUT
10 AFFIXING TO THE CONTAINER IN WHICH THE DRUG IS SOLD OR DISPENSED
11 A LABEL BEARING THE NAME AND ADDRESS OF THE PRACTITIONER, THE
12 DATE DISPENSED, THE NAME OF THE PATIENT AND THE DIRECTIONS FOR
13 THE USE OF THE DRUG BY THE PATIENT.
14 (18) THE SELLING BY A PHARMACY OR DISTRIBUTOR OF ANY
15 CONTROLLED SUBSTANCE OR OTHER DRUG UNLESS THE CONTAINER BEARS A
16 LABEL, SECURELY ATTACHED THERETO, STATING THE SPECIFIC NAME OF
17 THE DRUG AND THE PROPORTION OR AMOUNT THEREOF.
18 (19) THE INTENTIONAL PURCHASE OR KNOWING RECEIPT IN COMMERCE
19 BY ANY PERSON OF ANY CONTROLLED SUBSTANCE, OTHER DRUG OR DEVICE
20 FROM ANY PERSON NOT AUTHORIZED BY LAW TO SELL, DISTRIBUTE,
21 DISPENSE OR OTHERWISE DEAL IN SUCH CONTROLLED SUBSTANCE, OTHER
22 DRUG OR DEVICE.
23 (20) THE USING BY ANY PERSON TO HIS OWN ADVANTAGE OR
24 REVEALING OTHER THAN TO THE SECRETARY OR OFFICERS OR EMPLOYES OF
25 THE DEPARTMENT OR TO THE COUNCIL OR TO THE BOARD OR TO COURTS OR
26 A HEARING EXAMINER WHEN RELEVANT TO PROCEEDINGS UNDER THIS ACT
27 ANY INFORMATION ACQUIRED UNDER AUTHORITY OF THIS ACT CONCERNING
28 ANY METHOD OR PROCESS WHICH AS A TRADE SECRET IS ENTITLED TO
29 PROTECTION. SUCH INFORMATION OBTAINED UNDER THE AUTHORITY OF
30 THIS ACT SHALL NOT BE ADMITTED IN EVIDENCE IN ANY PROCEEDING
19710H0851B2432 - 70 -
1 BEFORE ANY COURT OF THE COMMONWEALTH EXCEPT IN PROCEEDINGS UNDER
2 THIS ACT.
3 (21) THE REFUSAL OR FAILURE TO MAKE, KEEP OR FURNISH ANY
4 RECORD, NOTIFICATION, ORDER FORM, STATEMENT, INVOICE OR
5 INFORMATION REQUIRED UNDER THIS ACT.
6 (22) THE REFUSAL OF ENTRY INTO ANY PREMISES FOR ANY
7 INSPECTION AUTHORIZED BY THIS ACT.
8 (23) THE UNAUTHORIZED REMOVING, BREAKING, INJURING, OR
9 DEFACING A SEAL PLACED UPON EMBARGOED SUBSTANCES OR THE REMOVAL
10 OR DISPOSAL OF SUBSTANCES SO PLACED UNDER SEAL.
11 (24) THE FAILURE BY A MANUFACTURER OR DISTRIBUTOR TO
12 REGISTER OR OBTAIN A LICENSE AS REQUIRED BY THIS ACT.
13 (25) THE MANUFACTURE OF A CONTROLLED SUBSTANCE BY A
14 REGISTRANT WHO KNOWS OR WHO HAS REASON TO KNOW, THE
15 MANUFACTURING IS NOT AUTHORIZED BY HIS REGISTRATION, OR WHO
16 KNOWINGLY DISTRIBUTES A CONTROLLED SUBSTANCE NOT AUTHORIZED BY
17 HIS REGISTRATION TO ANOTHER REGISTRANT OR OTHER AUTHORIZED
18 PERSON.
19 (26) THE KNOWING DISTRIBUTION BY A REGISTRANT OF A
20 CONTROLLED SUBSTANCE CLASSIFIED IN SCHEDULES I OR II, EXCEPT
21 PURSUANT TO AN ORDER FORM AS REQUIRED BY THIS ACT.
22 (27) THE USE IN THE COURSE OF THE MANUFACTURE OR
23 DISTRIBUTION OF A CONTROLLED SUBSTANCE OF A REGISTRATION NUMBER
24 WHICH IS FICTITIOUS, REVOKED, SUSPENDED, OR ISSUED TO ANOTHER
25 PERSON.
26 (28) THE FURNISHING OF FALSE OR FRAUDULENT MATERIAL
27 INFORMATION IN, OR OMISSION OF ANY MATERIAL INFORMATION FROM ANY
28 APPLICATION, REPORT, OR OTHER DOCUMENT REQUIRED TO BE KEPT OR
29 FILED UNDER THIS ACT, OR ANY RECORD REQUIRED TO BE KEPT BY THIS
30 ACT.
19710H0851B2432 - 71 -
1 (29) THE INTENTIONAL MAKING, DISTRIBUTING, OR POSSESSING OF
2 ANY PUNCH, DIE, PLATE, STONE, OR OTHER THING DESIGNED TO PRINT,
3 IMPRINT, OR REPRODUCE THE TRADEMARK, TRADE NAME, OR OTHER
4 IDENTIFYING MARK, IMPRINT, OR SYMBOL OF ANOTHER OR ANY LIKENESS
5 OF ANY OF THE FOREGOING UPON ANY DRUG OR CONTAINER OR LABELING
6 THEREOF SO AS TO RENDER THE DRUG A COUNTERFEIT SUBSTANCE.
7 (30) EXCEPT AS AUTHORIZED BY THIS ACT, THE MANUFACTURE,
8 DELIVERY, OR POSSESSION WITH INTENT TO MANUFACTURE OR DELIVER, A
9 CONTROLLED SUBSTANCE, OR KNOWINGLY CREATING, DELIVERING OR
10 POSSESSING WITH INTENT TO DELIVER, A COUNTERFEIT CONTROLLED
11 SUBSTANCE.
12 (31) NOTWITHSTANDING OTHER SUBSECTIONS OF THIS SECTION, (I)
13 THE POSSESSION OF A SMALL AMOUNT OF MARIHUANA ONLY FOR PERSONAL
14 USE; (II) THE POSSESSION OF A SMALL AMOUNT OF MARIHUANA WITH THE
15 INTENT TO DISTRIBUTE IT BUT NOT TO SELL IT; OR (III) THE
16 DISTRIBUTION OF A SMALL AMOUNT OF MARIHUANA BUT NOT TO SELL IT.
17 FOR PURPOSES OF THIS SUBSECTION, THIRTY (30) GRAMS OR LESS OF
18 MARIHUANA OR EIGHT (8) GRAMS OF HASHISH SHALL BE CONSIDERED A
19 SMALL AMOUNT OF MARIHUANA.
20 (B) ANY PERSON WHO VIOLATES ANY OF THE PROVISIONS OF CLAUSES
21 (1) THROUGH (20) OF SUBSECTION (A) SHALL BE GUILTY OF A
22 MISDEMEANOR, AND EXCEPT FOR CLAUSES (4), (6), (7), (8), (9) AND
23 (19) SHALL, ON CONVICTION THEREOF, BE SENTENCED TO IMPRISONMENT
24 NOT EXCEEDING ONE YEAR OR TO PAY A FINE NOT EXCEEDING FIVE
25 THOUSAND DOLLARS ($5,000), OR BOTH AND FOR CLAUSES (4), (6),
26 (7), (8), (9) AND (19) SHALL, ON CONVICTION THEREOF, BE
27 SENTENCED TO IMPRISONMENT NOT EXCEEDING THREE YEARS OR TO PAY A
28 FINE NOT EXCEEDING FIVE THOUSAND DOLLARS ($5,000), OR BOTH; BUT,
29 IF THE VIOLATION IS COMMITTED AFTER A PRIOR CONVICTION OF SUCH
30 PERSON FOR A VIOLATION OF THIS ACT UNDER THIS SECTION HAS BECOME
19710H0851B2432 - 72 -
1 FINAL, SUCH PERSON SHALL BE SENTENCED TO IMPRISONMENT NOT
2 EXCEEDING THREE YEARS OR TO PAY A FINE NOT EXCEEDING TWENTY-FIVE
3 THOUSAND DOLLARS ($25,000), OR BOTH.
4 (C) ANY PERSON WHO VIOLATES THE PROVISIONS OF CLAUSE (24) OF
5 SUBSECTION (A) SHALL BE GUILTY OF A MISDEMEANOR, AND SHALL, ON
6 CONVICTION THEREOF, BE PUNISHED ONLY AS FOLLOWS:
7 (1) UPON CONVICTION OF THE FIRST SUCH OFFENSE, HE SHALL BE
8 SENTENCED TO IMPRISONMENT NOT EXCEEDING SIX MONTHS, OR TO PAY A
9 FINE NOT EXCEEDING TEN THOUSAND DOLLARS ($10,000), OR BOTH.
10 (2) UPON CONVICTION OF THE SECOND AND SUBSEQUENT OFFENSE, HE
11 SHALL BE SENTENCED TO IMPRISONMENT NOT EXCEEDING TWO YEARS, OR
12 TO PAY A FINE NOT EXCEEDING TWENTY-FIVE THOUSAND DOLLARS
13 ($25,000), OR BOTH.
14 (D) ANY PERSON WHO KNOWINGLY OR INTENTIONALLY VIOLATES ANY
15 OF CLAUSES (21) THROUGH (23) OF SUBSECTION (A) IS GUILTY OF A
16 MISDEMEANOR AND UPON CONVICTION THEREOF SHALL BE SENTENCED TO
17 IMPRISONMENT NOT EXCEEDING ONE YEAR, OR TO PAY A FINE NOT
18 EXCEEDING FIFTEEN THOUSAND DOLLARS ($15,000), OR BOTH.
19 (E) ANY PERSON WHO VIOLATES CLAUSES (25) THROUGH (29) OF
20 SUBSECTION (A) IS GUILTY OF A MISDEMEANOR AND UPON CONVICTION
21 SHALL BE SENTENCED TO IMPRISONMENT NOT EXCEEDING THREE YEARS, OR
22 TO PAY A FINE NOT EXCEEDING TWENTY-FIVE THOUSAND DOLLARS
23 ($25,000), OR BOTH.
24 (F) ANY PERSON WHO VIOLATES CLAUSE (30) OF SUBSECTION (A)
25 WITH RESPECT TO:
26 (1) A CONTROLLED SUBSTANCE OR COUNTERFEIT SUBSTANCE
27 CLASSIFIED IN SCHEDULE I OR II WHICH IS A NARCOTIC DRUG, IS
28 GUILTY OF A FELONY AND UPON CONVICTION THEREOF SHALL BE
29 SENTENCED TO IMPRISONMENT NOT EXCEEDING FIFTEEN YEARS, OR TO PAY
30 A FINE NOT EXCEEDING TWO HUNDRED FIFTY THOUSAND DOLLARS
19710H0851B2432 - 73 -
1 ($250,000), OR BOTH.
2 (2) ANY OTHER CONTROLLED SUBSTANCE OR COUNTERFEIT SUBSTANCE
3 CLASSIFIED IN SCHEDULE I, II, OR III, IS GUILTY OF A FELONY AND
4 UPON CONVICTION THEREOF SHALL BE SENTENCED TO IMPRISONMENT NOT
5 EXCEEDING FIVE YEARS, OR TO PAY A FINE NOT EXCEEDING FIFTEEN
6 THOUSAND DOLLARS ($15,000), OR BOTH.
7 (3) A CONTROLLED SUBSTANCE OR COUNTERFEIT SUBSTANCE
8 CLASSIFIED IN SCHEDULE IV, IS GUILTY OF A FELONY AND UPON
9 CONVICTION THEREOF SHALL BE SENTENCED TO IMPRISONMENT NOT
10 EXCEEDING THREE YEARS, OR TO PAY A FINE NOT EXCEEDING TEN
11 THOUSAND DOLLARS ($10,000), OR BOTH.
12 (4) A CONTROLLED SUBSTANCE OR COUNTERFEIT SUBSTANCE
13 CLASSIFIED IN SCHEDULE V, IS GUILTY OF A MISDEMEANOR AND UPON
14 CONVICTION THEREOF SHALL BE SENTENCED TO IMPRISONMENT NOT
15 EXCEEDING ONE YEAR, OR TO PAY A FINE NOT EXCEEDING FIVE THOUSAND
16 DOLLARS ($5,000), OR BOTH.
17 (G) ANY PERSON WHO VIOLATES CLAUSE (31) OF SUBSECTION (A) IS
18 GUILTY OF A MISDEMEANOR AND UPON CONVICTION THEREOF SHALL BE
19 SENTENCED TO IMPRISONMENT NOT EXCEEDING THIRTY DAYS, OR TO PAY A
20 FINE NOT EXCEEDING FIVE HUNDRED DOLLARS ($500), OR BOTH.
21 Section 15. Additional Penalties.--Any (H) ANY penalty <--
22 imposed for violation of this act shall be in addition to, and
23 not in lieu of, any civil or administrative penalty or sanction
24 authorized by law.
25 Section 16. 14. Distribution to Persons Under Age <--
26 Eighteen.--Any person who is at least eighteen TWENTY-ONE years <--
27 of age who violates this act by distributing a controlled
28 dangerous substance listed in Schedules I or II which is a <--
29 narcotic drug THROUGH V to a person under eighteen years of age <--
30 who is at least three FIVE years his junior is punishable by a <--
19710H0851B2432 - 74 -
1 term of imprisonment up to twice that otherwise authorized by
2 subsection (f) (B) of section 14 13 of this act, in addition to <--
3 any fine authorized by this act. Any person who is at least <--
4 eighteen years of age who violates this act by distributing any
5 other controlled drug or controlled dangerous substance listed
6 in Schedules I, II, III, IV and V to a person under eighteen
7 years of age who is at least three years his junior is
8 punishable by a term of imprisonment up to twice that authorized
9 by subsection (f) of section 14 of this act, in addition to any
10 fine authorized by this act. Imposition or execution of such
11 sentence shall not be suspended and probation shall not be
12 granted.
13 SECTION 15. SECOND OR SUBSEQUENT OFFENSE.--(A) ANY PERSON <--
14 CONVICTED OF A SECOND OR SUBSEQUENT OFFENSE UNDER CLAUSE (30) OF
15 SUBSECTION (A) OF SECTION 13 OF THIS ACT OR OF A SIMILAR OFFENSE
16 UNDER ANY STATUTE OF THE UNITED STATES OR OF ANY STATE PRIOR TO
17 THE COMMISSION OF THE SECOND OFFENSE MAY BE IMPRISONED FOR A
18 TERM UP TO TWICE THE TERM OTHERWISE AUTHORIZED, FINED AN AMOUNT
19 UP TO TWICE THAT OTHERWISE AUTHORIZED, OR BOTH.
20 (B) FOR PURPOSES OF THIS SECTION, AN OFFENSE IS CONSIDERED A
21 SECOND OR SUBSEQUENT OFFENSE, IF, PRIOR TO THE COMMISSION OF THE
22 SECOND OFFENSE, THE OFFENDER HAS AT ANY TIME BEEN CONVICTED
23 UNDER THIS ACT OR UNDER ANY STATUTE OF THE UNITED STATES OR OF
24 ANY STATE RELATING TO CONTROLLED SUBSTANCES.
25 Section 17. 16. Enforcement Provisions.--The following <--
26 guidelines shall be applicable in the enforcement of any
27 penalties imposed by this act:
28 (1) No publisher, radio broadcast licensee, or agency or
29 medium for the dissemination of an advertisement, except the
30 manufacturer, distributor or seller of the article to which a
19710H0851B2432 - 75 -
1 false advertisement relates, shall be liable under section 14 12 <--
2 of this act by reason of the dissemination by him of such false
3 advertisement unless he has refused on the request of the
4 secretary to furnish the secretary with the name and post office
5 address of the manufacturer, distributor, seller or advertising
6 agency who causes him to disseminate such advertisement or
7 unless he publishes such advertisement knowing or having good
8 cause to know that it is false or otherwise in violation of the
9 law.
10 (2) For purposes of this section, any adjudication of <--
11 violation or conviction under any Federal or State law or of any <--
12 ordinance of any political subdivision relating to any
13 controlled drug or substance SUBSTANCE OR OTHER DRUG, other than <--
14 a juvenile violation, shall constitute a prior offense if it
15 related to the type of conduct against which a subsequent
16 offense is directed.
17 (3) Any penalty relating to license OR REGISTRATION <--
18 suspension or revocation shall be executed by the appropriate
19 licensing OR REGISTRATION agency upon receipt of a court order <--
20 setting forth the penalty.
21 (4) No person shall be convicted of an offense under section <--
22 14 of this act unless he knew with respect to each element of
23 the offense that he was engaged in the act or omission
24 prescribed, but knowledge that the act or omission constituted a
25 civil or criminal offense shall not be required for conviction.
26 (5) Imprisonment may be imposed for failure to pay all or
27 any part of a fine imposed under this section only when the
28 offender does not show that such failure is caused by indigence
29 or a lack of sufficient funds.
30 (6) All fines collected under this section shall be utilized
19710H0851B2432 - 76 -
1 for the treatment and rehabilitation services established by
2 law.
3 (7) (4) The probation or parole or other conditional release <--
4 OR DISCHARGE of any drug abuser or drug dependent person <--
5 convicted of an offense under this act or of any other offense
6 may be conditioned on the person's agreement to periodic urine <--
7 analyses. Neither a URINALYSES OR OTHER REASONABLE MEANS OF <--
8 DETECTION. A relapse into drug abuse one or more times or the
9 failure to conform to a set schedule for rehabilitation, or
10 both, shall be sufficient in themselves to SHALL NOT require <--
11 that his status be revoked or treatment denied.
12 (8) The court without a jury shall hold a full and fair <--
13 hearing for the purpose of setting the amount of any fine
14 pursuant to this section, during which the district attorney and
15 the defendant may introduce evidence. The defendant shall be
16 permitted to cross-examine any adverse witness or rebut any
17 adverse evidence. The amount of any fine set by the court shall
18 be supported by substantial evidence.
19 (9) SECTION 17. PROBATION WITHOUT VERDICT.--A person may be <--
20 entitled to probation without verdict under the following
21 circumstances:
22 (i) (1) A person who has not previously been convicted of an <--
23 offense relating to a controlled drug or controlled dangerous <--
24 substance under any law of this Commonwealth, UNDER THIS ACT OR <--
25 UNDER A SIMILAR ACT OF the United States, or any other state,
26 shall be IS eligible for probation without verdict if he pleads <--
27 nolo contendere or guilty to, or is found guilty of, any
28 NONVIOLENT offense under this act. The court may, without <--
29 entering a judgment, and with the consent of such person, defer
30 further proceedings and place him on probation for a specific
19710H0851B2432 - 77 -
1 time period NOT TO EXCEED THE MAXIMUM FOR THE OFFENSE upon such <--
2 reasonable terms and conditions as it may require. Probation <--
3 without verdict shall not be available to any such person who is
4 charged with a trafficking offense involving distribution of a
5 controlled drug or controlled dangerous substance at wholesale
6 or distribution at retail of any controlled drug or controlled
7 dangerous substance as part of an organized professional system.
8 (ii) (2) Upon violation of a term or condition of probation, <--
9 the court may enter a judgment and proceed as in any criminal
10 case, or may continue the probation without verdict.
11 (iii) (3) Upon fulfillment of the terms and conditions of <--
12 probation, the court shall discharge such person and dismiss the
13 proceedings against him. Discharge and dismissal shall be
14 without adjudication of guilt and shall not constitute a
15 conviction for any purpose whatever, INCLUDING THE PENALTIES <--
16 IMPOSED FOR SECOND OR SUBSEQUENT CONVICTIONS: Provided, That
17 probation without verdict shall be available to any person only
18 once: AND FURTHER PROVIDED, THAT NOTWITHSTANDING ANY OTHER <--
19 PROVISION OF THIS ACT, THE PROSECUTING ATTORNEY OR THE COURT MAY
20 KEEP A LIST OF THOSE PERSONS PLACED ON PROBATION WITHOUT
21 VERDICT, WHICH LIST MAY ONLY BE USED TO DETERMINE THE
22 ELIGIBILITY OF PERSONS FOR PROBATION WITHOUT VERDICT.
23 SECTION 18. DISPOSITION IN LIEU OF TRIAL.--(A) IF A PERSON
24 CHARGED WITH A NONVIOLENT CRIME CLAIMS TO BE DRUG DEPENDENT OR A
25 DRUG ABUSER AND PRIOR TO TRIAL HE REQUESTS APPROPRIATE
26 TREATMENT, INCLUDING BUT NOT LIMITED TO, ADMISSION OR COMMITMENT
27 UNDER THE MENTAL HEALTH AND MENTAL RETARDATION ACT OF 1966 IN
28 LIEU OF CRIMINAL PROSECUTION, A PHYSICIAN EXPERIENCED OR TRAINED
29 IN THE FIELD OF DRUG DEPENDENCY OR DRUG ABUSE SHALL BE APPOINTED
30 BY THE COURT TO EXAMINE, IF NECESSARY, AND TO REVIEW THE
19710H0851B2432 - 78 -
1 ACCUSED'S RECORD AND ADVISE THE GOVERNMENT ATTORNEY, THE ACCUSED
2 AND THE COURT IN WRITING SETTING FORTH THAT FOR THE TREATMENT
3 AND REHABILITATION OF THE ACCUSED IT WOULD BE PREFERABLE FOR THE
4 CRIMINAL CHARGES TO BE HELD IN ABEYANCE OR WITHDRAWN IN ORDER TO
5 INSTITUTE TREATMENT FOR DRUG DEPENDENCE OR FOR THE CRIMINAL
6 CHARGES TO BE PROSECUTED. THE GOVERNMENT ATTORNEY SHALL EXERCISE
7 HIS DISCRETION WHETHER OR NOT TO ACCEPT THE PHYSICIAN'S
8 RECOMMENDATION.
9 (B) IN THE EVENT THAT HE DOES NOT ACCEPT THE PHYSICIAN'S
10 RECOMMENDATION HE SHALL STATE IN WRITING AND FURNISH THE
11 DEFENDANT A COPY OF HIS DECISION AND THE REASONS THEREFOR.
12 (C) IF THE GOVERNMENT ATTORNEY ACCEPTS THE PHYSICIAN'S
13 ADVICE TO HOLD IN ABEYANCE, HE SHALL ARRANGE FOR A HEARING
14 BEFORE THE APPROPRIATE COURT TO HOLD IN ABEYANCE THE CRIMINAL
15 PROSECUTION. THE COURT, UPON ITS APPROVAL, SHALL PROCEED TO MAKE
16 APPROPRIATE ARRANGEMENTS FOR TREATMENT.
17 (D) THE GOVERNMENT ATTORNEY, UPON HIS OWN APPLICATION, MAY
18 INSTITUTE PROCEEDINGS FOR APPROPRIATE TREATMENT, INCLUDING BUT
19 NOT LIMITED TO, COMMITMENT PURSUANT TO THE MENTAL HEALTH AND
20 MENTAL RETARDATION ACT OF 1966.
21 (E) A CRIMINAL CHARGE MAY BE HELD IN ABEYANCE PURSUANT TO
22 THIS SECTION FOR NO LONGER THAN THE LESSER OF EITHER (I) THE
23 APPROPRIATE STATUTE OF LIMITATIONS OR (II) THE MAXIMUM TERM THAT
24 COULD BE IMPOSED FOR THE OFFENSE CHARGED. AT THE EXPIRATION OF
25 SUCH PERIOD, THE CRIMINAL CHARGE SHALL BE AUTOMATICALLY
26 DISMISSED. A CRIMINAL CHARGE MAY NOT BE PROSECUTED EXCEPT BY
27 ORDER OF COURT SO LONG AS THE MEDICAL DIRECTOR OF THE TREATMENT
28 FACILITY CERTIFIES THAT THE ACCUSED IS COOPERATING IN A
29 PRESCRIBED TREATMENT PROGRAM AND IS BENEFITING FROM TREATMENT.
30 (F) IF, AFTER CONVICTION, THE DEFENDANT REQUESTS PROBATION
19710H0851B2432 - 79 -
1 WITH TREATMENT OR CIVIL COMMITMENT FOR TREATMENT IN LIEU OF
2 CRIMINAL PUNISHMENT THE COURT MAY APPOINT A QUALIFIED PHYSICIAN
3 TO ADVISE THE COURT IN WRITING WHETHER IT WOULD BE PREFERABLE
4 FOR THE PURPOSES OF TREATMENT AND REHABILITATION FOR HIM TO
5 RECEIVE A SUSPENDED SENTENCE AND PROBATION ON THE CONDITION THAT
6 HE UNDERGO EDUCATION AND TREATMENT FOR DRUG ABUSE AND DRUG
7 DEPENDENCY, OR TO BE COMMITTED PURSUANT TO THE MENTAL HEALTH AND
8 MENTAL RETARDATION ACT OF 1966 FOR TREATMENT IN LIEU OF CRIMINAL
9 PUNISHMENT, OR TO RECEIVE CRIMINAL INCARCERATION. A COPY OF THE
10 PHYSICIAN'S REPORT SHALL BE FURNISHED THE COURT, THE DEFENDANT
11 AND THE GOVERNMENT ATTORNEY. THE COURT SHALL EXERCISE ITS
12 DISCRETION WHETHER TO ACCEPT THE PHYSICIAN'S ADVICE.
13 (G) DISPOSITION IN LIEU OF TRIAL AS PROVIDED IN THIS SECTION
14 SHALL BE AVAILABLE TO ANY PERSON ONLY ONCE.
15 SECTION 19. EXPUNGING CRIMINAL RECORDS.--(A) ANY RECORDS OF
16 ARREST OR PROSECUTION OR BOTH FOR A CRIMINAL OFFENSE UNDER THIS
17 ACT OR UNDER THE PROVISIONS PREVIOUSLY GOVERNING CONTROLLED
18 SUBSTANCES IN THE COMMONWEALTH OF PENNSYLVANIA OR ANY POLITICAL
19 SUBDIVISION THEREOF SHALL BE PROMPTLY EXPUNGED FROM THE OFFICIAL
20 AND UNOFFICIAL ARREST AND OTHER CRIMINAL RECORDS, FILES AND
21 OTHER DOCUMENTS PERTAINING TO THE PARTICULAR ARREST OR
22 PROSECUTION OR BOTH WHEN THE CHARGES ARE WITHDRAWN OR DISMISSED
23 OR THE PERSON IS ACQUITTED OF THE CHARGES: PROVIDED THAT SUCH
24 EXPUNGMENT SHALL BE AVAILABLE AS A MATTER OF RIGHT TO ANY PERSON
25 ONLY ONCE. WITHIN FIVE DAYS AFTER SUCH WITHDRAWAL, DISMISSAL OR
26 ACQUITTAL THE COURT, IN WRITING, SHALL ORDER THE APPROPRIATE
27 KEEPERS OF CRIMINAL RECORDS (I) TO EXPUNGE AND DESTROY THE
28 OFFICIAL AND UNOFFICIAL ARREST AND OTHER CRIMINAL RECORDS, FILES
29 AND OTHER DOCUMENTS PERTAINING TO THE ARREST OR PROSECUTION OR
30 BOTH, TO REQUEST IN SO FAR AS THEY ARE ABLE THE RETURN OF SUCH
19710H0851B2432 - 80 -
1 RECORDS AS THEY HAVE MADE AVAILABLE TO FEDERAL AND OTHER STATE
2 AGENCIES, AND TO DESTROY SUCH RECORDS ON RECEIPT THEREOF; AND
3 (II) TO FILE WITH THE COURT WITHIN THIRTY DAYS AN AFFIDAVIT THAT
4 SUCH RECORDS HAVE BEEN EXPUNGED AND DESTROYED, TOGETHER WITH THE
5 COURT'S EXPUNCTION ORDER AND TO RETAIN NO COPIES THEREOF. UPON
6 RECEIPT OF SUCH AFFIDAVIT, THE COURT SHALL SEAL THE SAME
7 TOGETHER WITH THE ORIGINAL AND ALL COPIES OF ITS EXPUNCTION
8 ORDER AND SHALL NOT PERMIT ANY PERSON OR AGENCY TO EXAMINE SUCH
9 SEALED DOCUMENTS.
10 (B) ANY EXPUNGED RECORD OF ARREST OR PROSECUTION SHALL NOT
11 HEREAFTER BE REGARDED AS AN ARREST OR PROSECUTION FOR THE
12 PURPOSE OF ANY STATUTE OR REGULATION OR LICENSE OR QUESTIONNAIRE
13 OR ANY CIVIL OR CRIMINAL PROCEEDING OR ANY OTHER PUBLIC OR
14 PRIVATE PURPOSE. NO PERSON SHALL BE PERMITTED TO LEARN OF AN
15 EXPUNGED ARREST OR PROSECUTION, OR OF THE EXPUNCTION, EITHER
16 DIRECTLY OR INDIRECTLY. ANY PERSON, EXCEPT THE INDIVIDUAL
17 ARRESTED OR PROSECUTED, WHO DIVULGES SUCH INFORMATION IN
18 VIOLATION OF THIS SUBSECTION SHALL BE GUILTY OF A MISDEMEANOR
19 AND SHALL, UPON CONVICTION THEREOF, BE PUNISHED BY IMPRISONMENT
20 NOT EXCEEDING NINETY (90) DAYS OR A FINE NOT EXCEEDING ONE
21 THOUSAND DOLLARS ($1,000), OR BOTH.
22 (C) NOTHING CONTAINED IN THIS SECTION SHALL PROHIBIT A
23 PERSON ACTING PURSUANT TO PRIOR PRACTICE FROM PETITIONING AN
24 APPROPRIATE COURT FOR AN EXPUNCTION ORDER.
25 Section 18. 20. Offenses by a Corporation, Copartnership or <--
26 Association.--If any violation of the provisions of this act is
27 by a corporation, copartnership or association, the officers and
28 directors of such corporation or the members of such
29 copartnership or association, the agents and employes with prior
30 guilty knowledge of the fact, shall be deemed guilty of a
19710H0851B2432 - 81 -
1 violation of the provisions of this act to the same extent as
2 though said violation were committed by them personally.
3 Section 19. Expunging Criminal Records.--(a) Any arrest for <--
4 a criminal offense under this act or under the provisions
5 previously governing narcotics and dangerous drugs or substances <--
6 in the Commonwealth of Pennsylvania, or any political
7 subdivision thereof, shall promptly be expunged from the
8 person's public arrest and other public criminal records when
9 the charges are withdrawn or dismissed or the person is
10 acquitted of the charges.
11 (b) Any conviction of a criminal offense under this act or
12 under the provisions previously governing narcotics and
13 dangerous drugs or substances in the Commonwealth of
14 Pennsylvania or any political subdivision thereof may be
15 expunged from all public criminal records by a court upon the
16 filing of a petition supported by substantial evidence of good
17 conduct since the petitioner's conviction. Copies of the
18 petition shall be served on the Attorney General and the
19 district attorney, who shall be responsible for consulting other
20 appropriate public agencies and departments. If a district
21 attorney files a motion to dismiss the petition within sixty
22 days, the court, without a jury, shall hold a full and fair
23 hearing before ruling on the issue. The petitioner shall have
24 the right to cross-examine any adverse witness or rebut any
25 adverse evidence. The proceeding shall be private. The petition
26 shall be granted if supported by substantial evidence of good
27 conduct since the petitioner's conviction unless the court
28 finds, on the basis of evidence of record, good cause not to
29 accept the petitioner's allegations of good conduct. The
30 petition may be filed and heard only after the following time
19710H0851B2432 - 82 -
1 lapses:
2 (1) For a conviction for trafficking in the third degree or
3 possession in the second degree, or any offense under prior law
4 that would not come within any of these provisions, after two
5 years from the date or release from a penal institution or from
6 the date of conviction if not sent to a penal institution.
7 (2) For a conviction for possession in the first degree, or
8 any offense under prior law that would not come within any of
9 these provisions, after three years from the date of release
10 from a penal institution or from the date of conviction if not
11 sent to a penal institution.
12 (3) For a conviction for any other offense under this act,
13 or any offense under prior law that would now come within any of
14 these provisions, or any offense under prior law governing
15 narcotics and controlled drugs or controlled dangerous
16 substances that would not now come within any of these
17 provisions, after three years from the date of release from a
18 penal institution or from the date of conviction if not sent to
19 a penal institution.
20 (c) Any expunged arrest or conviction shall not thereafter
21 be regarded as an arrest or conviction for the purpose of any
22 statute or regulation or license or questionnaire or any other
23 public or private purpose: Provided, That it shall continue to
24 constitute an offense for purposes of any criminal statute under
25 which the existence of a prior conviction is relevant to the
26 penalty to be imposed. No person shall be permitted to learn of
27 an expunged arrest or conviction, or of the expungement, by any
28 means whatever: Provided, That the judiciary, court personnel,
29 and district attorneys may learn of an expunged arrest or
30 conviction, and of the expungement, where it becomes relevant to
19710H0851B2432 - 83 -
1 a penalty to be imposed in a subsequent case. Any person who
2 seeks or divulges such information in violation of this
3 subsection shall be guilty of a misdemeanor, and shall, upon
4 conviction thereof be punished by imprisonment not exceeding
5 ninety days, or a fine not exceeding one thousand dollars
6 ($1,000), or both.
7 Section 20. 21. Burden of Proving Exemptions.--In any <--
8 prosecution under this act, it shall not be necessary to negate
9 any of the exemptions OR EXCEPTIONS of this act in any <--
10 complaint, information or indictment TRIAL. The burden of <--
11 proving any exemption under this act shall be upon the <--
12 defendant. PROOF OF SUCH EXEMPTION OR EXCEPTION SHALL BE UPON <--
13 THE PERSON CLAIMING IT.
14 SECTION 22. JUDICIAL REVIEW.--ANY PERSON AGGRIEVED BY A
15 FINAL ADMINISTRATIVE DECISION MAY OBTAIN REVIEW OF THE DECISION
16 PURSUANT TO THE PROVISIONS OF THE ADMINISTRATIVE AGENCY LAW.
17 Section 21. 23. Revocation of Licenses of Practitioners.-- <--
18 (a) Any license OR REGISTRATION heretofore issued to any <--
19 physician, dentist, veterinarian, pharmacist or nurse may be <--
20 either PRACTITIONER MAY EITHER BE revoked or suspended by the <--
21 proper officers or boards having power to issue licenses OR <--
22 REGISTRATION to any of the foregoing, upon proof that the
23 licensee OR REGISTRANT is addicted to A DRUG DEPENDENT PERSON ON <--
24 the use of any narcotic drugs CONTROLLED SUBSTANCE after giving <--
25 such licensee OR REGISTRANT reasonable notice and opportunity to <--
26 be heard.
27 (b) The appropriate licensing boards in the Department of
28 State are hereby authorized to revoke or suspend the
29 registration or license of any physician, surgeon, dentist, <--
30 veterinarian, pharmacist or nurse, PRACTITIONER when such person <--
19710H0851B2432 - 84 -
1 has pleaded guilty or nolo contendere or has been found guilty <--
2 by a judge or jury of violating CONVICTED OF A FELONY UNDER THIS <--
3 ACT OR any SIMILAR State or Federal law. pertaining to the sale, <--
4 use or distribution of narcotics. Before any such revocation or
5 suspension, the licensee or registrant shall be given a hearing
6 before the appropriate board. At such hearing the accused may be
7 represented by counsel and shall be entitled to compulsory
8 attendance of witnesses.
9 Section 22. 24. Administrative Inspections and Warrants.-- <--
10 (a) As used in this section, the term "controlled premises"
11 means:
12 (1) Places where original or other records or documents
13 required under this act are kept or required to be kept; and
14 (2) Places, including factories, warehouses, or other
15 establishments, and conveyances, where persons registered under
16 section 6 (or exempted from registration under section 6) may
17 lawfully hold, manufacture, or distribute, dispense, administer
18 or otherwise dispose of controlled dangerous substances. <--
19 (b) (1) For the purpose of inspecting, copying, and
20 verifying the correctness of records, reports, or other
21 documents required to be kept or made under this act and
22 otherwise facilitating the carrying out of his functions under
23 this act, the Secretary of Health SECRETARY is authorized, in <--
24 accordance with this section, to enter controlled premises and
25 to conduct administrative inspections thereof, and of the things
26 specified in this section, relevant to those functions.
27 (2) Such entries and inspections shall be carried out
28 through officers or employes (hereinafter referred to as
29 "agents" "OFFICERS") designated by the secretary. Any such agent <--
30 OFFICER upon stating his purpose and presenting to the owner, <--
19710H0851B2432 - 85 -
1 operator, or agent OFFICER in charge of such premises (i) <--
2 appropriate credentials and (ii) a written notice of his
3 inspection authority (which notice in the case of an inspection
4 requiring, or in fact supported by, an administrative inspection
5 warrant shall consist of such warrant), shall have the right to
6 enter such premises and conduct such inspection at reasonable
7 times.
8 (3) Except as may otherwise be indicated in an applicable
9 inspection warrant, the agent OFFICER shall have the right: (i) <--
10 to inspect and copy records, reports, and other documents
11 required to be kept or made under this act; (ii) to inspect,
12 within reasonable limits and in a reasonable manner, controlled
13 premises and all pertinent equipment, finished and unfinished
14 drugs and other substances or materials, containers, and
15 labeling found therein, and, except as provided in clause (5) of <--
16 this subsection, all other things therein (including records,
17 files, papers, processes, controls, and facilities) appropriate
18 for verification of the records, reports, and documents referred
19 to in subclause (i) or otherwise bearing on the provisions of
20 this act; and (iii) to inventory any stock of any controlled
21 substance, OTHER DRUG, DEVICE AND COSMETIC therein and obtain <--
22 samples of any such substance OR ARTICLE. <--
23 (4) Except when the owner, operator, or agent OFFICER in <--
24 charge of the controlled premises so consents in writing, no
25 inspection authorized by this section shall extend to: (i)
26 financial data; (ii) sales data other than shipment data; or <--
27 (iii) pricing data; OR (IV) RESEARCH DATA. <--
28 (c) A warrant under this section shall not be required for
29 the inspection of books and records pursuant to an
30 administrative subpoena issued in accordance with any provisions
19710H0851B2432 - 86 -
1 of any Act of Assembly nor for entries and administrative
2 inspections (including seizures of property):
3 (1) With the consent of the owner, operator, or agent <--
4 OFFICER in charge of the controlled premises; <--
5 (2) In situations presenting imminent danger to health or
6 safety;
7 (3) In situations involving inspection of conveyances where
8 there is reasonable cause to believe that the mobility of the
9 conveyance makes it impracticable to obtain a warrant;
10 (4) In any other exceptional or emergency circumstance where
11 time or opportunity to apply for a warrant is lacking; or
12 (5) In any other situations where a warrant is not
13 constitutionally required.
14 (d) Issuance and execution of administrative inspection
15 warrants shall be as follows:
16 (1) Any judge of a Commonwealth court of record COURT, may, <--
17 within his territorial jurisdiction, and upon proper oath or
18 affirmation showing probable cause, issue warrants for the
19 purpose of conducting administrative inspections authorized by
20 this act or regulations thereunder, and seizures of property
21 appropriate to such inspections. For the purposes of this
22 section, the term "probable cause" means EXISTS UPON SHOWING a <--
23 valid public interest in the effective enforcement of this act
24 or regulations thereunder sufficient to justify administrative
25 inspections of the area, premises, building, or conveyance, or
26 contents thereof, in the circumstances specified in the
27 application for the warrant.
28 (2) A warrant shall issue only upon an affidavit of an A <--
29 DESIGNATED officer or employe having knowledge of the facts
30 alleged, sworn to before the judge and establishing the grounds
19710H0851B2432 - 87 -
1 for issuing the warrant. If the judge is satisfied that grounds
2 for the application exist or that there is probable cause to
3 believe they exist, he shall issue a warrant identifying the
4 area, premises, building, or conveyance to be inspected, the
5 purpose of such inspection, and, where appropriate, the type of
6 property to be inspected, if any. The warrant shall identify the
7 items or types of property to be seized, if any. The warrant
8 shall be directed to a person authorized under subsection (b)
9 (2) to execute it. The warrant shall state the grounds for its
10 issuance and the name of the person or persons whose affidavit
11 has been taken in support thereof. It shall command the person
12 to whom it is directed to inspect the area, premises, building,
13 or conveyance identified for the purpose specified, and, where
14 appropriate, shall direct the seizure of the property specified.
15 The warrant shall direct that it be served during normal
16 business hours. It shall designate the judge to whom it shall be
17 returned.
18 (3) A warrant issued pursuant to this section must be
19 executed and returned within ten days of its date unless, upon a
20 showing by the Secretary of Health SECRETARY of a need therefor, <--
21 the judge allows additional time in the warrant. If property is
22 seized pursuant to a warrant, the person executing the warrant
23 shall give to the person from whom or from whose premises the
24 property was taken a copy of the warrant and a receipt for the
25 property taken or shall leave the copy and receipt at the place
26 from which the property was taken. The return of the warrant
27 shall be made promptly and shall be accompanied by a written
28 inventory of any property taken. The inventory shall be made in
29 the presence of the person executing the warrant and of the
30 person from whose possession or premises the property was taken,
19710H0851B2432 - 88 -
1 if they are present, or in the presence of at least one credible
2 person other than the person making such inventory, and shall be
3 verified by the person executing the warrant. The judge upon <--
4 request, shall deliver a A copy of the inventory SHALL BE <--
5 DELIVERED to the person from whom or from whose premises the
6 property was taken and to the applicant for the warrant.
7 (4) The judge who has issued a warrant under this section
8 shall attach to the warrant a copy of the return and all papers
9 RETURNABLE filed in connection therewith and shall file them <--
10 with the clerk of the court for the judicial district in which
11 the inspection was made.
12 Section 23. 25. Injunctive Relief.--In addition to the <--
13 remedies provided herein, the secretary is hereby authorized to
14 apply to the court of common pleas in the county in which such
15 violation occurs or to the Commonwealth Court for, and such
16 court shall have jurisdiction to grant, a temporary or permanent
17 injunction restraining any person from continued violation of
18 any provision of this act irrespective of the existence of an
19 adequate remedy at law.
20 Section 24. 26. Cooperation With Other Authorities.--The <--
21 agencies charged with the enforcement of this act shall actively
22 cooperate and coordinate with the agencies charged with the
23 enforcement of all Federal and State laws relating to the
24 regulation of the distribution of controlled drugs or dangerous <--
25 substances, OTHER DRUGS, DEVICES OR COSMETICS. <--
26 Section 25. 27. Embargo and Seizure.--(a) Whenever a duly <--
27 authorized agent OFFICER of the secretary finds or has probable <--
28 cause to believe that any CONTROLLED SUBSTANCE, OTHER drug, <--
29 device or cosmetic is adulterated or misbranded or contraband,
30 the same shall be deemed subject to embargo and he shall affix
19710H0851B2432 - 89 -
1 to such SUBSTANCE OR article or articles a tag or other <--
2 appropriate marking, approved by the secretary, giving notice
3 that such SUBSTANCE OR article is or is suspected of being <--
4 adulterated, misbranded or contraband and warning all persons
5 not to remove or dispose of such SUBSTANCE OR article or <--
6 articles until permission so to do has been granted by such
7 agent OFFICER, or until it shall have determined by proper <--
8 authority that such SUBSTANCE OR article or articles are not <--
9 adulterated, misbranded or contraband. At the time such notice
10 is offered, the agent OFFICER shall provide the person in charge <--
11 of such articles SUBSTANCE OR ARTICLE, if any, or the owner, if <--
12 he is known, a statement in writing, setting forth both the
13 basis for the embargo and supporting facts.
14 (b) When an article or articles A SUBSTANCE OR ARTICLE is <--
15 detained or embargoed under subsection (a), the secretary shall
16 serve within three days from the date of such embargo a citation
17 upon the claimant thereof or owner, if he is known, setting
18 forth both the basis for the embargo and supporting facts and
19 fixing a date for a hearing not later than ten days from the
20 date of service of said citation at which a hearing examiner,
21 appointed under the authority of section 27 30, will receive <--
22 evidence pertaining to the alleged offense. Unless postponed by
23 mutual consent, failure to serve a citation or commence hearings
24 within the time herein specified shall operate to void such
25 embargo.
26 (c) If, after hearing, the examiner is satisfied from the
27 evidence presented that a detained or embargoed SUBSTANCE OR <--
28 article is adulterated, misbranded or contraband, he shall,
29 within five days of the conclusion of the hearing, order such
30 SUBSTANCE OR article or articles destroyed at the expense of the <--
19710H0851B2432 - 90 -
1 claimant thereof under supervision of an agent of the secretary:
2 Provided, That when the embargo is based on an adulteration or
3 misbranding which can be corrected by proper labeling or
4 processing of the SUBSTANCE OR article, the examiner, after <--
5 entry of the order and after such costs, fees and expenses have
6 been paid and a good and sufficient bond conditioned that such
7 SUBSTANCE OR article shall be so labeled or processed has been <--
8 executed, may by order direct that such SUBSTANCE OR article be <--
9 released to the claimant thereof for such labeling or processing
10 under the supervision of an agent OFFICER of the secretary. The <--
11 expense of such supervision, if any, shall be paid by the
12 claimant. Such SUBSTANCE OR article shall be released to the <--
13 claimant of the article when the article WHEN IT is no longer in <--
14 violation of this act and the expenses of such supervision have
15 been paid.
16 (d) If no claimant shall appear to defend such proceedings,
17 the hearing examiner may order the embargoed SUBSTANCES OR <--
18 articles destroyed or distributed to a nonprofit institution.
19 Section 26. 28. Forfeiture.--(a) The following shall be <--
20 subject to forfeiture to the Commonwealth and no property right
21 shall exist in them:
22 (1) All controlled paraphernalia SUBSTANCES OR OTHER DRUGS <--
23 which have been manufactured, distributed, dispensed, or
24 acquired in violation of this act.
25 (2) All raw materials, products, and equipment of any kind
26 which are used, or intended for use in manufacturing,
27 compounding, processing, delivering, importing, or exporting any
28 controlled dangerous substance OR OTHER DRUG in violation of <--
29 this act.
30 (3) All property which is used, or intended for use, as a
19710H0851B2432 - 91 -
1 container for property described in clause (1) or (2) of this
2 subsection.
3 (4) All conveyances, including aircraft, vehicles, or
4 vessels, which are used or are intended for use, to transport,
5 or in any manner to facilitate the transportation, sale,
6 receipt, possession, or concealment of property described in
7 clause (1) or (2) except that:
8 (i) no conveyance used by any person as a common carrier in
9 the transaction of business as a common carrier shall be
10 forfeited under the provisions of this section unless it shall
11 appear that the owner or other person in charge of such
12 conveyance was a consenting party or privy to a violation of
13 this title; and <--
14 (ii) no conveyance shall be forfeited under the provisions
15 of this section by reason of any act or omission established by
16 the owner thereof to have been committed or omitted without his
17 knowledge or consent; AND <--
18 (iii) No perfected BONA FIDE security interest retained or <--
19 acquired under the Uniform Commercial Code by any merchant
20 dealing in new or used aircraft, vehicles or vessels, or
21 retained or acquired by any licensed or regulated finance
22 company, bank, lending institution, or by any other business
23 regularly engaged in the financing of, or lending on the
24 security of, such aircraft, vehicles or vessels, shall be
25 subject to forfeiture or impairment. under the provisions of <--
26 this subheading.
27 (5) All books, records, and research, including formulas,
28 microfilm, tapes and data which are used, or intended for use,
29 in violation of this act.
30 (b) Property subject to forfeiture under this act may be
19710H0851B2432 - 92 -
1 seized by the law enforcement authority upon process issued by
2 any court of common pleas having jurisdiction over the property.
3 Seizure without process may be made if:
4 (1) The seizure is incident to an arrest or a search under a
5 search warrant or inspection under an administrative inspection
6 warrant;
7 (2) The property subject to seizure has been the subject of
8 a prior judgment in favor of the Commonwealth in a criminal
9 injunction or forfeiture proceeding under this act;
10 (3) There is probable cause to believe that the property is
11 directly or indirectly dangerous to health or safety; or <--
12 (4) There is probable cause to believe that the property has
13 been used or is intended to be used in violation of this act.
14 (c) In the event seizure without process occurs, as provided
15 herein, proceedings for the issuance thereof shall be instituted
16 promptly. FORTHWITH. <--
17 (d) Property taken or detained under this section shall not
18 be subject to replevin, but is deemed to be in the custody of
19 the law enforcement authority subject only to the orders and
20 decrees of the court of common pleas having jurisdiction over
21 the forfeiture proceedings AND OF THE SECRETARY. When property <--
22 is seized under this act, the law enforcement authority may: <--
23 SHALL: <--
24 (1) Place the property under seal; AND EITHER <--
25 (2) Remove the property to a place designated by it; or
26 (3) Require that the proper administrative authority <--
27 DEPARTMENT take custody of the property and remove it to an <--
28 appropriate location for disposition in accordance with law.
29 (e) Whenever property is forfeited under this act, the law <--
30 enforcement authority may: PROPERTY SHALL BE TRANSFERRED TO THE <--
19710H0851B2432 - 93 -
1 CUSTODY OF THE DEPARTMENT AND THE SECRETARY MAY:
2 (1) Retain the property for official use;
3 (2) Sell any forfeited property which is not required to be
4 destroyed by law and which is not harmful to the public, but the
5 proceeds from any such sale shall be used to pay all proper
6 expenses of the proceedings for forfeiture and sale including
7 expenses of seizure, maintenance of custody, advertising and
8 court costs. <--
9 (3) Require that the appropriate administrative agency take <--
10 custody of the property and remove it for disposition in
11 accordance with law; or
12 (4) Forward it to the council, or its successor agency, for
13 disposition.
14 (f) Procedure with respect to seized property subject to
15 liens and rights of lienholders:
16 (1) Notification of owner of confiscated vehicle, vessel or
17 aircraft. The person or governmental agency that
18 SECTION 29. PROCEDURE WITH RESPECT TO SEIZED PROPERTY <--
19 SUBJECT TO LIENS AND RIGHTS OF LIENHOLDERS.--(A) THE PERSON WHO
20 seized said property shall notify the registered owner and
21 lienholder, where possible, and shall publish notice in a
22 newspaper of general circulation in the county or the city,
23 where seized, of any vehicle, vessel or aircraft confiscated
24 under this subheading, informing interested persons of the <--
25 seizure and right to file a claim protesting the confiscation of
26 said vehicle, vessel or aircraft.
27 (2) Claim for return of confiscated property. (B) Any lawful <--
28 lienholder, or other person showing a legal right, title or
29 interest in a vehicle, vessel or aircraft, confiscated pursuant
30 to this subtitle may, within thirty days of publication of
19710H0851B2432 - 94 -
1 notice file a claim protesting such seizure with the court or
2 with the person or governmental agency having jurisdiction <--
3 thereof. When such a claim is filed, the court of common pleas
4 of the county wherein the property was confiscated, shall
5 proceed in rem to hear and determine the question of forfeiture.
6 (3) Rights of lienholders. (C) If the court determines any <--
7 property is subject to forfeiture it shall also determine
8 whether any lawful lienholder who has filed a timely claim and
9 protest had knowledge of such intended unlawful use. If the
10 court shall find such knowledge then the lienholder's right,
11 title and interest to the property shall likewise be deemed
12 forfeited. If the court does not find such knowledge and the
13 property is otherwise subject to forfeiture, it shall be
14 forfeited and the person or agency having custody of such <--
15 property shall either pay the outstanding indebtedness secured
16 by such lawful lien and keep the property or deliver the
17 property to the said lienholder.
18 Section 27. 30. Hearing Examiners.--(a) The secretary shall <--
19 appoint, with the approval of the Governor, such hearing
20 examiners as shall be necessary to conduct hearings as provided
21 in section 25 27. <--
22 (b) Hearing examiners appointed under this act shall have
23 the power to issue subpoenas requiring the attendance and
24 testimony of, or the production of, pertinent books and papers
25 by persons whom they believe to have information relevant to any
26 matter pending before him. Such examiner shall also have the
27 power to administer oaths.
28 (c) Any person who refuses to obey a subpoena issued
29 hereunder or to be sworn or affirmed or to testify, or who is
30 guilty of any contempt after summons to appear, may be punished
19710H0851B2432 - 95 -
1 as for contempt of court. For this purpose, an application may
2 be made by the examiner to the court of common pleas within the
3 territorial jurisdiction of which the offense was committed for
4 which purpose such court is hereby given jurisdiction.
5 (d) In any action or proceeding before him, the hearing
6 examiner may assess all costs incurred in connection with the
7 prosecution of such proceeding, including investigative and
8 laboratory costs incurred by the Commonwealth, against
9 respondent in such proceeding; such costs to be in addition to
10 any other penalty imposed and to be retained by the Department
11 of Health and applied to cost to the department administering
12 this act.
13 (e) Hearings shall be conducted under the provisions of the
14 Administrative Agency Law, as amended, and subject to such other
15 rules and regulations not inconsistent therewith as the
16 secretary may provide and any person aggrieved by any action of
17 the hearing examiner may appeal in accordance with the
18 provisions of the Administrative Agency Law, as amended.
19 Section 28. 31. Board Creation.--(a) There is hereby created <--
20 within the Department of Health a departmental administrative
21 board to be known as the "Pennsylvania Drug, Device and Cosmetic
22 Board."
23 (b) The board shall consist of the Secretary of Health, his
24 successors in office, and ten additional members whom the
25 Governor shall appoint, by and with the advice and consent of
26 two-thirds of all the members of the Senate. Of the members: one
27 shall be a physician, one a dentist, one a veterinarian, one a
28 psychologist OR PSYCHIATRIST and one a pharmacist, each of whom <--
29 shall be duly licensed in their respective professions by the
30 Commonwealth; one shall be a biochemist and one shall be a
19710H0851B2432 - 96 -
1 pharmacologist, each of whom shall have earned an advanced
2 degree in that field from an institution of higher learning and
3 shall have been engaged as such for three years in this State;
4 one shall be a manufacturer registered to manufacture drugs or
5 an employe thereof; and the two remaining persons shall be
6 members of the general public not engaged in any of the
7 aforementioned professional fields, who shall be citizens of <--
8 this State. BUT ONE OF WHOM SHALL BE WELL INFORMED ON THE <--
9 PROBLEMS CAUSED BY THE ABUSE AND MISUSE OF DRUGS OR OTHER
10 CHEMICALS. Two members initially shall serve for terms of one,
11 two, three and four years, respectively, the particular term of
12 each to be designated by the Governor at the time of
13 appointment. Any additional member, the appointment of whom is
14 authorized by amending act, shall serve for a term of four
15 years. The terms of all their successors shall be four years
16 each, except that any person appointed to fill a vacancy shall
17 serve only for the unexpired term. Every member's term shall
18 extend until his successor is appointed and qualified. Any
19 appointed member of the board shall be eligible for
20 reappointment. Each member of the board shall receive
21 compensation at a rate of thirty dollars ($30) FIFTY DOLLARS <--
22 ($50) per diem in addition to expenses incurred when actually
23 engaged in official meetings or otherwise in the performance of
24 their official duties as directed by the chairman.
25 (c) The Secretary of Health, or his designate, shall serve
26 as chairman of the board. A majority of the members shall
27 constitute a quorum for the purpose of organizing the board,
28 conducting its business, and exercising all of its powers. A
29 vote of the majority of the members present shall be sufficient
30 for all actions of the board unless the bylaws require a greater
19710H0851B2432 - 97 -
1 number.
2 (d) The board shall have the power to prescribe, amend and
3 repeal bylaws, rules and regulations governing the manner in
4 which the business of the body is conducted and the manner in
5 which the powers granted to it are exercised. The board may
6 delegate supervision of the administration of board activities
7 to an administrative secretary and such other employes as the
8 Secretary of Health shall appoint.
9 (e) The board shall have the power to do all things
10 necessary or convenient to carry out the powers granted to it by
11 this act.
12 (f) The board may, for the authentication of its records,
13 process and proceedings, adopt, keep and use a common seal of
14 which seal judicial notice shall be taken in all courts of this
15 Commonwealth and any process, writ, notice or other document,
16 which the board may be authorized by law to issue, shall be
17 deemed sufficient if signed by the chairman or secretary of the
18 board and authenticated by such seal. All acts, proceedings,
19 orders, papers, findings, minutes and records of the board, and
20 all reports and documents filed with the board, may be proved in
21 any court of this Commonwealth by a copy thereof certified to by
22 the chairman or secretary of the board with the seal of the
23 board attached.
24 (g) In order to enable the board to carry out the provisions
25 of this act, including its power to advise the secretary on
26 various matters, it shall have the power to issue subpoenas,
27 requiring the attendance and testimony of, or the production of,
28 pertinent books and papers by persons whom the board believes to
29 have information, books or papers of importance to it in
30 carrying out the purposes and intent of this act. Each member of
19710H0851B2432 - 98 -
1 the board and such officers, employes or others employed in the
2 work of the board designated by the chairman of the board also
3 shall have the power to administer oaths and affirmations, to
4 question witnesses thereunder, and to examine such books and
5 papers. The board may issue commissions, letters rogatory, or
6 other appropriate processes outside the Commonwealth.
7 (h) Any person who refuses to obey a subpoena issued
8 hereunder, or to be sworn or affirmed, or to testify, or who is
9 guilty of any contempt after summons to appear, may be punished
10 as for contempt of court. For this purpose an application may be
11 made by the board to the court of common pleas within the
12 territorial jurisdiction of which the offense was committed, for
13 which purpose, such court is hereby given jurisdiction.
14 Section 29. 32. Persons Authorized to Prescribe Drugs to <--
15 Remain as Heretofore.--No provision of this act or any rule or
16 regulation promulgated pursuant to this act shall authorize or
17 be construed as authorizing any person to prescribe drugs who is
18 not specifically so authorized under existing law.
19 Section 30. 33. Conformity With Federal Law.--No CONTROLLED <--
20 SUBSTANCE, OTHER drug, device or cosmetic shall be deemed to be
21 adulterated or misbranded under this act if such drug, device or <--
22 cosmetic IT complies with the applicable Federal act and/or <--
23 regulations and interpretations issued pursuant thereto, unless
24 the secretary, after consultation with and upon the
25 recommendation of the board, shall have previously promulgated a
26 regulation stating that the applicable provision of the Federal
27 act and/or regulations and interpretations thereof would not be
28 followed.
29 Section 31. 34. Administration of Act.--(a) Except as may be <--
30 otherwise provided by law, the provisions of this act shall be
19710H0851B2432 - 99 -
1 administered by the Department of Health of the Commonwealth of <--
2 Pennsylvania. DEPARTMENT. The Secretary of Health SECRETARY is <--
3 authorized to employ such consultants, assistants, <--
4 stenographers, clerks and other employes as, in his opinion, may
5 be necessary PERSONNEL and to fix their compensation subject to <--
6 THE ACT OF APRIL 9, 1929 (P.L.177), KNOWN AS "The Administrative <--
7 Code of 1929," 1929." as amended, act of April 9, 1929 <--
8 (P.L.177).
9 (b) The secretary is authorized and directed to establish a
10 Bureau of Narcotics Control within the department and to employ
11 therein sufficient law enforcement personnel to act as agents
12 for the purpose of performing the inspection, training,
13 prevention and enforcement duties imposed upon the department by
14 this act.
15 (c) Any officer or employe of the Bureau of Narcotics of the
16 department may:
17 (B) THE SECRETARY IS AUTHORIZED AND DIRECTED TO ESTABLISH A <--
18 BUREAU OF DRUG CONTROL WITHIN THE DEPARTMENT AND TO EMPLOY
19 THEREIN SUFFICIENT PERSONNEL TO PERFORM THE DUTIES IMPOSED UPON
20 THE DEPARTMENT BY THIS ACT.
21 (C) THE SECRETARY MAY DESIGNATE SPECIFIC OFFICERS AND
22 EMPLOYES OF THE BUREAU OF DRUG CONTROL AS LAW ENFORCEMENT
23 PERSONNEL AND AUTHORIZE SUCH PERSONNEL TO:
24 (1) Carry firearms in the performance of his official
25 duties;
26 (2) Execute and serve search warrants, arrest warrants,
27 administrative inspection warrants, subpoenas, and summonses
28 issued under the authority of the Commonwealth;
29 (3) Make arrests without warrant for any offense under this
30 act committed in his presence, or if he has probable cause to
19710H0851B2432 - 100 -
1 believe that the person to be arrested has committed or is
2 committing a violation of this act which may constitute a
3 felony;
4 (4) Make seizures of property pursuant to this act; or
5 (5) Perform other law enforcement duties as the secretary
6 designates.
7 (d) Nothing contained herein shall be deemed to limit the
8 authority of the Bureau of Narcotics Control or DRUG CONTROL, <--
9 THE PENNSYLVANIA STATE POLICE, the Department of Justice or any
10 other law enforcement agency in dealing with law enforcement
11 matters with respect to professional criminals PERSONS engaged <--
12 in the unlawful importation, manufacture, DISTRIBUTION, sale and <--
13 production of drugs and controlled dangerous substances, OTHER <--
14 DRUGS OR DEVICES OR COSMETICS nor the authority of the council
15 in performing any duties imposed upon it by the "Pennsylvania
16 Drug Narcotic and Alcohol Abuse Act of 1971." ACT." <--
17 Section 32. 35. Promulgation of Regulations.--(a) The <--
18 secretary shall have the authority to promulgate in accordance
19 with the provisions of this section and of the act of July 31,
20 1968 (Act No. 240), known as the "Commonwealth Documents Law"
21 any regulations hereinbefore referred to in this act and such
22 other regulations upon the advice WITH THE CONSENT of the board <--
23 regarding the possession, DISTRIBUTION, sale, purchase or <--
24 manufacture of CONTROLLED SUBSTANCES, OTHER drugs OR devices or <--
25 cosmetics as may be necessary to aid in the enforcement of this
26 act.
27 (b) (i) Prior to the promulgation, amendment or repeal of <--
28 any regulation under this act the secretary shall give at least
29 thirty days public notice of his proposed action, and shall
30 afford all interested persons an opportunity to present their
19710H0851B2432 - 101 -
1 views thereon either orally or in writing. As soon as
2 practicable thereafter, the secretary shall either withdraw such
3 proposal or shall promulgate the proposed regulation.
4 (ii) Any person aggrieved by the promulgation, amendment or
5 repeal of a regulation, or by the refusal to promulgate, amend
6 or repeal a regulation, may file objections with the secretary
7 specifying, with particularity, the reason why such action is
8 deemed objectionable and the grounds for such objection. As soon
9 as possible after the filing of objections, the secretary shall
10 hold a public hearing for the purpose of receiving evidence
11 relevant to such objections. As soon as practicable after
12 completion of hearings, the secretary shall issue an appropriate
13 order either confirming, modifying or withdrawing the regulation
14 in question.
15 (iii) Any party to proceedings, conducted pursuant to
16 paragraph (ii) hereof, aggrieved by the order of the secretary,
17 shall have a right of appeal in accordance with the provisions
18 of the Administrative Agency Law, as amended, and such order
19 shall be deemed an "adjudication" as that term is defined and
20 used in the Administrative Agency Law, as amended.
21 Section 33. 36. Administrative Procedure.--The <--
22 Administrative Agency Law, as amended, shall be applicable in
23 its entirety to the Department of Health in the administration
24 of this act.
25 SECTION 37. COOPERATIVE AGREEMENTS AND CONFIDENTIALITY.--(A) <--
26 THE SECRETARY SHALL COOPERATE WITH FEDERAL AND OTHER STATE
27 AGENCIES IN DISCHARGING HIS RESPONSIBILITIES CONCERNING TRAFFIC
28 IN CONTROLLED SUBSTANCES, OTHER DRUGS, DEVICES AND COSMETICS AND
29 IN SUPPRESSING THE ABUSE OF SUCH SUBSTANCES AND ARTICLES. TO
30 THIS END, HE MAY:
19710H0851B2432 - 102 -
1 (1) ARRANGE FOR THE EXCHANGE OF INFORMATION AMONG
2 GOVERNMENTAL OFFICIALS CONCERNING THE USE AND ABUSE OF SUCH
3 SUBSTANCES AND ARTICLES;
4 (2) COORDINATE AND COOPERATE IN TRAINING PROGRAMS CONCERNING
5 LAW ENFORCEMENT AT LOCAL AND STATE LEVELS;
6 (3) REQUEST THE FEDERAL BUREAU OF NARCOTICS AND DANGEROUS
7 DRUGS TO ESTABLISH A CENTRALIZED UNIT TO COLLECT, ACCEPT,
8 CATALOGUE AND FILE NONCONFIDENTIAL STATISTICS AND MAKE THE
9 INFORMATION AVAILABLE FOR FEDERAL, STATE AND LOCAL LAW
10 ENFORCEMENT PURPOSES; AND
11 (4) CONDUCT PROGRAMS OF ERADICATION AIMED AT DESTROYING WILD
12 OR ILLICIT GROWTH OF PLANT SPECIES FROM WHICH DRUGS MAY BE
13 EXTRACTED.
14 (B) RESULTS, INFORMATION, AND EVIDENCE RECEIVED FROM THE
15 BUREAU RELATING TO THE REGULATORY FUNCTIONS OF THIS ACT,
16 INCLUDING RESULTS OF INSPECTIONS CONDUCTED BY IT MAY BE RELIED
17 AND ACTED UPON BY THE SECRETARY IN THE EXERCISE OF HIS
18 REGULATORY FUNCTIONS UNDER THIS ACT.
19 (C) A PRACTITIONER ENGAGED IN MEDICAL PRACTICE OR CLINICAL
20 RESEARCH IS NOT REQUIRED NOR MAY HE BE COMPELLED TO FURNISH THE
21 NAME OR IDENTITY OF A PATIENT OR RESEARCH SUBJECT TO THE
22 SECRETARY, NOR MAY HE BE COMPELLED IN ANY STATE OR LOCAL CIVIL,
23 CRIMINAL, ADMINISTRATIVE, LEGISLATIVE OR OTHER PROCEEDINGS TO
24 FURNISH THE NAME OR IDENTITY OF SUCH AN INDIVIDUAL.
25 (D) THIS SECTION SHALL NOT EXEMPT THE PRACTITIONER FROM
26 REGULATIONS OF THE SECRETARY PERTAINING TO THE PRESCRIPTION OF
27 CONTROLLED SUBSTANCES TO A PATIENT OVER AN EXTENDED PERIOD OR IN
28 AN INCREASINGLY LARGE DOSAGE.
29 Section 34. 38. Savings Provision.--The provisions of this <--
30 act shall not affect any act done, liability incurred, or right
19710H0851B2432 - 103 -
1 accrued or vested, or affect any suit or prosecution pending to
2 enforce any right or penalty or punish any offense under the
3 authority of any Act of Assembly, or part thereof, repealed by
4 this act.
5 Section 35. Severability.--The provisions of this act are <--
6 severable and, if any provision or part hereof shall be held
7 invalid or unconstitutional or inapplicable to any person or
8 circumstances, such invalidity, unconstitutionality or
9 inapplicability shall not affect or impair the remaining
10 provisions of the act. It is hereby declared to be the
11 legislative intent that this act would have been adopted if such
12 invalid, unconstitutional or inapplicable provision had not been
13 included therein.
14 SECTION 39. PENDING PROCEEDINGS.--(A) PROSECUTION FOR ANY <--
15 VIOLATION OF LAW OCCURRING PRIOR TO THE EFFECTIVE DATE OF THIS
16 ACT IS NOT AFFECTED OR ABATED BY THIS ACT. IN ANY CASE NOT YET
17 FINAL IF THE OFFENSE IS SIMILAR TO ONE SET OUT IN THIS ACT, THE
18 PENALTIES UNDER THIS ACT APPLY IF THEY ARE LESS THAN THOSE UNDER
19 PRIOR LAW.
20 (B) CIVIL SEIZURES OR FORFEITURES AND INJUNCTIVE PROCEEDINGS
21 COMMENCED PRIOR TO THE EFFECTIVE DATE OF THIS ACT ARE NOT
22 AFFECTED BY THIS ACT.
23 (C) ALL ADMINISTRATIVE PROCEEDINGS PENDING UNDER PRIOR LAWS
24 WHICH ARE SUPERSEDED BY THIS ACT SHALL BE CONTINUED AND BROUGHT
25 TO A FINAL DETERMINATION IN ACCORD WITH THE LAWS AND RULES IN
26 EFFECT PRIOR TO THE EFFECTIVE DATE OF THE ACT. ANY SUBSTANCE
27 CONTROLLED UNDER PRIOR LAW WHICH IS NOT LISTED WITHIN SCHEDULES
28 I THROUGH V, IS AUTOMATICALLY CONTROLLED WITHOUT FURTHER
29 PROCEEDINGS AND SHALL BE LISTED IN THE APPROPRIATE SCHEDULE.
30 (D) THE SECRETARY SHALL INITIALLY PERMIT PERSONS TO REGISTER
19710H0851B2432 - 104 -
1 WHO OWN OR OPERATE ANY ESTABLISHMENT ENGAGED IN THE MANUFACTURE
2 OR DISTRIBUTION OF ANY CONTROLLED SUBSTANCE PRIOR TO THE
3 EFFECTIVE DATE OF THIS ACT AND WHO ARE REGISTERED OR LICENSED BY
4 THIS COMMONWEALTH.
5 (E) THIS ACT APPLIES TO VIOLATIONS OF LAW, SEIZURES AND
6 FORFEITURES, INJUNCTIVE PROCEEDINGS, ADMINISTRATIVE PROCEEDINGS
7 AND INVESTIGATIONS WHICH OCCUR FOLLOWING ITS EFFECTIVE DATE.
8 SECTION 40. CONTINUATION OF REGULATIONS.--ANY ORDERS AND
9 REGULATIONS PROMULGATED UNDER ANY LAW AFFECTED BY THIS ACT AND
10 IN EFFECT ON THE EFFECTIVE DATE OF THIS ACT AND NOT IN CONFLICT
11 WITH IT CONTINUE IN EFFECT UNTIL MODIFIED, SUPERSEDED OR
12 REPEALED.
13 SECTION 41. UNIFORMITY OF INTERPRETATION.--THIS ACT SHALL BE
14 SO APPLIED AND CONSTRUED AS TO EFFECTUATE ITS GENERAL PURPOSE TO
15 MAKE UNIFORM THE LAW WITH RESPECT TO THE SUBJECT OF THIS ACT
16 AMONG THOSE STATES WHICH ENACT SIMILAR LEGISLATION.
17 SECTION 42. BAR TO PROSECUTION.--IF A VIOLATION OF THIS ACT
18 IS A VIOLATION OF A FEDERAL LAW OR THE LAW OF ANOTHER STATE, A
19 CONVICTION OR ACQUITTAL UNDER FEDERAL LAW OR THE LAW OF ANOTHER
20 STATE FOR THE SAME ACT IS A BAR TO PROSECUTION IN THIS
21 COMMONWEALTH.
22 Section 36. 43. Repeals.--(a) The act of September 26, 1961 <--
23 (P.L.1664), known as "The Drug, Device and Cosmetic Act," is
24 hereby repealed.
25 (b) All other acts, or parts of acts, inconsistent with this
26 act are hereby repealed.
27 Section 37. Effective Date.--This act shall take effect <--
28 sixty days after the enactment thereof.
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