THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY KASUNIC, BOSCOLA, BREWSTER, BROWNE, KITCHEN, ORIE, RAFFERTY, SOLOBAY AND TARTAGLIONE, FEBRUARY 11, 2011

REFERRED TO JUDICIARY, FEBRUARY 11, 2011  

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(1) 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 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.

(1)  Schedule I--In determining that a substance comes within

this schedule, the secretary shall find: a high potential for

abuse, no currently accepted medical use in the United States,

and a lack of accepted safety for use under medical supervision.

The following controlled substances are included in this

schedule:

* * *

(vii)  OxyContin and its active ingredient, oxycodone,

including any isomers, esters and ethers and salts of isomers,

esters and ethers of OxyContin and oxycodone, whenever the

existence of such isomers, esters and salts is possible within

the specific designation, except when used by a person diagnosed

with a disease or disorder that causes chronic pain.

* * *

Section 2.  This act shall take effect in 60 days.