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A07568
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
616
Session of
2019
INTRODUCED BY OWLETT, PICKETT, RYAN, HERSHEY, BERNSTINE,
McNEILL, LONGIETTI, ROTHMAN, MILLARD, ZIMMERMAN, JAMES,
B. MILLER, DRISCOLL, KAUFER, SAYLOR, READSHAW, HILL-EVANS,
NEILSON, WEBSTER, HEFFLEY AND WALSH, FEBRUARY 28, 2019
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, OCTOBER 22, 2019
AN ACT
Amending the act of April 14, 1972 (P.L.233, No.64), entitled
"An act relating to the manufacture, sale and possession of
controlled substances, other drugs, devices and cosmetics;
conferring powers on the courts and the secretary and
Department of Health, and a newly created Pennsylvania Drug,
Device and Cosmetic Board; establishing schedules of
controlled substances; providing penalties; requiring
registration of persons engaged in the drug trade and for the
revocation or suspension of certain licenses and
registrations; and repealing an act," further providing for
schedules of controlled substances.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 4(2)(ii) of the act of April 14, 1972
(P.L.233, No.64), known as The Controlled Substance, Drug,
Device and Cosmetic Act, is amended by adding a subclause to
read:
Section 1. Section 4(2)(ii) of the act of April 14, 1972
(P.L.233, No.64), known as The Controlled Substance, Drug,
Device and Cosmetic Act, is amended by adding a subclause and
the section is amended by adding a paragraph to read:
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Section 4. Schedules of Controlled Substances.--The
following schedules include the controlled substances listed or
to be listed by whatever official name, common or usual name,
chemical name, or trade name designated.
* * *
(2) Schedule II--In determining that a substance comes
within this schedule, the secretary shall find: a high potential
for abuse, currently accepted medical use in the United States,
or currently accepted medical use with severe restrictions, and
abuse may lead to severe psychic or physical dependence. The
following controlled substances are included in this schedule:
* * *
(ii) Any of the following opiates, including their isomers,
esters, ethers, salts, and salts of isomers, esters and ethers,
of any quantity, unless specifically excepted or listed in
another schedule, whenever the existence of such isomers,
esters, ethers and salts is possible within the specific
chemical designation:
* * *
22. Carfentanil.
* * *
(6) A drug product in a finished dosage formulation that
contains 2-[1R-3-methyl-6R-(1methylethenyl)-2-cyclohexen-1-yl]-
5-pentyl-1,3-benzenediol that has been approved by the Federal
Food and Drug Administration pursuant to section 505 of the
Federal Food, Drug and Cosmetic Act prior to the date of
enactment shall not be subject to control under this act.
Section 2. This act shall take effect in 60 days
IMMEDIATELY.
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