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PRIOR PRINTER'S NOS. 681, 1688
PRINTER'S NO. 2254
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
608
Session of
2015
INTRODUCED BY BAKER, COHEN, MILLARD, THOMAS, CORBIN, PICKETT,
D. COSTA, M. K. KELLER, V. BROWN, A. HARRIS, READSHAW, MAJOR,
MURT, DeLUCA, GINGRICH, BOBACK, GIBBONS, KORTZ, PASHINSKI,
EVERETT, KNOWLES, HARHART, REGAN, MOUL, ACOSTA, BARBIN AND
DAVIS, FEBRUARY 24, 2015
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
SEPTEMBER 29, 2015
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
authority to control, for schedules of controlled substances,
for liquefied ammonia gas, precursors and chemicals and for
promulgation of regulations.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3(c) of the act of April 14, 1972
(P.L.233, No.64), known as The Controlled Substance, Drug,
Device and Cosmetic Act, is amended and the section is amended
by adding subsections to read:
Section 3. Authority to Control.--
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(c) [The secretary shall not remove any substance from
control under this act unless specifically authorized by the
General Assembly to do so. The secretary shall not reschedule
any controlled substance unless specifically authorized by the
board to do so.] Notwithstanding subsection (a), if the
secretary finds that the health and safety of the public will
not be adversely affected, the secretary may:
(1) Reschedule any controlled substance to coincide with
Federal law, including the Controlled Substances Act (Public Law
91-513, 84 Stat. 1236, 21 U.S.C. § 801 et seq.), regulations
promulgated under 21 CFR Ch. 2 (relating to drug enforcement
administration, department of justice) or any Federal judicial
order. The secretary shall publish a notice in the Pennsylvania
Bulletin of the rescheduling of a controlled substance under
this clause. The rescheduling of the controlled substance to a
higher schedule may not take effect earlier than thirty days
after publication of the notice in the Pennsylvania Bulletin.
The rescheduling of a controlled substance to a lower schedule
may take effect upon publication in the Pennsylvania Bulletin.
(2) Exclude any substance or remove any controlled substance
from any schedule, provided that the substance or controlled
substance has been approved for over-the-counter use without a
prescription under Federal law, including the Federal Food, Drug
and Cosmetic Act (52 Stat. 1040, 21 U.S.C. § 301, et seq.),
regulations promulgated under 21 CFR Ch. 1 (relating to food and
drug administration, department of health and human services) or
any Federal judicial order.
(d) If the secretary finds that the scheduling of a
substance on a temporary basis is necessary to avoid an imminent
hazard to public safety, the secretary may, by publishing a
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final notice in the Pennsylvania Bulletin and without regard to
the requirements of subsection (a), schedule a substance under
one of the schedules in section 4 if the substance is not listed
in any other schedule in section 4 or 28 Pa. Code §§ 25.72
(relating to schedules of controlled substances) and 25.75
(relating to paregoric) and if no exception or approval is in
effect for the substance under section 505 of the Federal Food,
Drug and Cosmetic Act (52 Stat. 1040, 21 U.S.C. § 355). The
following apply:
(1) A final order may not be issued before the expiration of
fourteen days after both:
(i) The date of publication in the Pennsylvania Bulletin of
a proposed notice of the intention to issue a final notice and
the grounds upon which the order is to be issued.
(ii) The date the secretary transmitted the notice to the
Attorney General as required by clause (4).
(2) The scheduling of a substance under this subsection
shall expire at the end of one year from the date of publication
of the final notice scheduling of the substance except that the
secretary may, during the pendency of proceedings under
subsection (a) with respect to the substance, extend the
temporary scheduling for up to one additional year by publishing
a subsequent notice in the Pennsylvania Bulletin prior to the
expiration of the initial notice.
(3) When issuing a proposed notice under clause (1), the
secretary shall be required to consider, with respect to the
finding of an imminent hazard to public safety, only those
factors set forth in subsection (a)(4), (5), (6) and (8), except
that, if clause (8) has been met regarding the temporary or
permanent scheduling of a specific substance under Federal law,
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the secretary shall be authorized to temporarily schedule the
substance without regard to clauses (4), (5) and (6).
(4) The secretary shall transmit the proposed notice issued
under clause (1) to the Attorney General. The Attorney General
shall have thirty days from receipt of the proposed notice to
provide written comments, if any, on relevant issues, including
actual abuse, diversion from legitimate channels and clandestine
importation, manufacture or distribution. In issuing a final
notice under this subsection, the secretary shall take into
consideration any comments submitted by the Attorney General.
(5) (i) Except as provided in subclause (ii), during the
time period that a substance is temporarily scheduled, the
secretary shall proceed with the permanent scheduling of the
substance pursuant to the requirements under subsection (a).
(ii) If a substance has been temporarily scheduled and the
secretary proceeds with permanent scheduling, the secretary
shall only be required to proceed under section 5(a) of the act
of June 25, 1982 (P.L.633, No.181), known as the "Regulatory
Review Act," by submitting final omitted regulations.
(iii) A final notice issued under clause (1) with respect to
a substance shall be vacated upon the conclusion of a subsequent
rulemaking proceeding initiated under subsection (a) with
respect to the substance or the enactment of law by the General
Assembly permanently scheduling the substance.
(iv) While the substance is temporarily scheduled, if the
secretary determines that a substance should not be permanently
scheduled, and no law has been enacted by the General Assembly
to permanently schedule the substance, the secretary shall
publish a notice in the Pennsylvania Bulletin with a rationale
as to why the substance is not being permanently scheduled. Upon
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publication of the notice, the substance shall no longer be
considered a controlled substance. Withdrawal of a temporarily
scheduled substance under this subclause shall not affect any
criminal proceeding or civil action initiated based on the
temporary scheduling.
(6) Temporary scheduling of a substance by the secretary
under this subsection shall not be subject to section 612 of the
act of April 9, 1929 (P.L.177, No.175), known as "The
Administrative Code of 1929," the act of July 31, 1968 (P.L.769,
No.240), referred to as the Commonwealth Documents Law, the act
of October 15, 1980 (P.L.950, No.164), known as the
"Commonwealth Attorneys Act," or the "Regulatory Review Act."
(7) A proposed or final notice issued by the secretary under
this subsection shall not be subject to judicial review.
(E) AT THE TIME OF PUBLICATION BY THE SECRETARY OF A NOTICE
IN THE PENNSYLVANIA BULLETIN UNDER SUBSECTION (C) OR (D), THE
SECRETARY SHALL ALSO TRANSMIT THE NOTICE TO THE ABC-MAP BOARD.
(e) (F) As used in this section, the term "substance" shall
include any group of substances, material, mixture, compound,
salts, isomers, salts of isomers, analogs, homologues or
homologous series.
Section 2. Section 4(1)(ii), (iii), (iii.1), (vii) and
(viii), (2)(i) and (iii), (3)(i), (iii), (vii) and (ix), (4)(i)
and (5) of the act, amended or added November 26, 1978
(P.L.1392, No.328), July 3, 1985 (P.L.138, No.39), November 24,
1999 (P.L.894, No.55), October 18, 2000 (P.L.601, No.78), June
23, 2011 (P.L.36, No.7) and July 2, 2013 (P.L.242, No.40), are
amended to read:
Section 4. Schedules of Controlled Substances.--The
following schedules include the controlled substances listed or
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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:
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(ii) Any of the following opium derivatives, their salts,
isomers and salts of isomers, unless specifically excepted,
whenever the existence of such salts, isomers and salts of
isomers is possible within the specific chemical designation:
1. Acetorphine.
2. Acetyldihydrocodeine.
3. Benzylmorphine.
4. Codeine methylbromide.
5. Codeine-N-Oxide.
6. Cyprenorphine.
7. Desomorphine.
8. Dihydromorphine.
9. Etorphine.
10. Heroin.
11. Hydromorphinol.
12. Methyldesorphine.
13. Methylhydromorphine.
14. Morphine methylbromide.
15. Morphine methylsulfonate.
16. Morphine-N-Oxide.
17. Myrophine.
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18. Nicocodeine.
19. Nicomorphine.
20. Normorphine.
21. Pholcodine.
22. Thebacon.
23. Acetyl fentanyl.
(iii) Any material, compound, mixture, or preparation which
contains any quantity of the following hallucinogenic
substances, their salts, isomers, and salts of isomers, unless
specifically excepted, whenever the existence of such salts,
isomers, and salts of isomers is possible within the specific
chemical designation:
1. 3,4-methylenedioxy amphetamine.
2. 5-methoxy-3,4-methylenedioxy amphetamine.
3. 3,4,5-trimethoxy amphetamine.
4. Bufotenine.
5. Diethyltryptamine.
6. Dimethyltryptamine.
7. 4-methyl-2,5-dimethoxyamphetamine.
8. Ibogaine.
9. Lysergic acid diethylamide.
10. Mescaline.
11. Peyote.
12. N-ethyl-3-piperidyl benzilate.
13. N-methyl-3-piperidyl benzilate.
14. Psilocybin.
15. Psilocyn.
16. Tetrahydrocannabinols.
17. Salvia Divinorum.
18. Salvinorin A.
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19. Divinorin A.
20. 3,4-Methylenedioxymethcathinone (Methylone).
21. [3,4-Methyenedioxypyrovalerone (MDPV)] 3,4-
Methylenedioxypyrovalerone (MDPV) .
22. 4-Methylmethcathinone (Mephedrone).
23. 4-Methoxymethcathinone.
24. 4-Fluoromethcathinone.
25. 3-Fluoromethcathinone.
26. 3,4-Methylenedioxymethamphetamine.
27. Methoxetamine.
(iii.1) [Any] Substituted cathinones - any compound, except
bupropion or compounds listed under a different schedule, or
compounds used within legitimate and approved medical research,
structurally derived from 2-aminopropan-1-one by substitution at
the 1-position with monocyclic or fused polycyclic ring systems,
whether or not the compound is further modified in any of the
following ways:
1. By substitution in the ring system to any extent with
alkyl, alkylenedioxy, alkoxy, haloalkyl, hydroxyl or halide
substituents whether or not further substituted in the ring
system by one or more other univalent substituents.
2. By substitution at the 3-position with an acyclic alkyl
substituent.
3. By substitution at the 2-amino nitrogen atom with alkyl,
dialkyl, benzyl or methoxybenzyl groups.
4. By inclusion of the 2-amino nitrogen atom in a cyclic
structure.
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(vii) Synthetic cannabinoids, including any material,
compound, mixture or preparation that is not listed as a
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controlled substance in Schedules I, II, III, IV and V, is not a
Federal Food and Drug Administration-approved drug or not used
within legitimate and approved medical research and which
contains any quantity of the following substances, their salts,
isomers, whether optical, positional or geometric, analogues,
homologues and salts of isomers, analogues and homologues,
unless specifically exempted, whenever the existence of these
salts, isomers, analogues, homologues and salts of isomers,
analogues and homologues if possible within the specific
chemical designation:
1. Tetrahydrocannabinols meaning tetrahydrocannabinols which
are naturally contained in a plant of the genus Cannabis as well
as synthetic equivalents of the substances contained in the
plant or in the resinous extractives of Cannabis or synthetic
substances, derivatives and their isomers with analogous
chemical structure and or pharmacological activity such as the
following:
(A) Delta-1 cis or trans tetrahydrocannabinol and their
optical isomers.
(B) Delta-6 cis or trans tetrahydrocannabinol and their
optical isomers.
(C) Delta-3,4 cis or their trans tetrahydrocannabinol and
their optical isomers.
2. [Naphthoylindoles or any compound containing a 3-(-1-
naphthoyl) indole structure with substitution at the nitrogen
atom of the indole ring whether or not further substituted in
the indole ring to any extent and whether or not substituted in
the naphthyl ring to any extent. This shall include the
following:
(A) JWH 015.
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(B) JWH 018.
(C) JWH 019.
(D) JWH 073.
(E) JWH 081.
(F) JWH 122.
(G) JWH 200.
(H) JWH 210.
(I) JWH 398.
(J) AM 2201.
(K) WIN 55,212.]
Indole carboxaldehydes - Any compound structurally derived
from 1H-indole-3-carboxaldehyde or 1H-indole-2-carboxaldehyde:
(A) substituted in both of the following ways:
(I) At the nitrogen atom of the indole ring.
(II) At the carbon of the carboxaldehyde by a phenyl,
benzyl, naphthyl, adamantyl, cyclopropyl or propionaldehyde
group; and
(B) whether or not the compound is further modified to any
extent in any of the following ways:
(I) Substitution to the indole ring to any extent.
(II) Substitution to the phenyl, benzyl, naphthyl,
adamantyl, cyclopropyl or propionaldehyde group to any extent.
(III) A nitrogen heterocyclic analog of the indole ring.
(IV) A nitrogen heterocyclic analog of the phenyl, benzyl,
naphthyl, adamantyl or cyclopropyl ring.
This shall include AM 1248, AM 2201, AM 679, AM 694, FUB-144,
JWH 015, JWH 018, JWH 019, JWH 073, JWH 081, JWH 122, JWH 200,
JWH 203, JWH 210, JWH 250, JWH 251, JWH 302, JWH 398, MAM-2201,
RCS-4, RCS-8, THJ-018, THJ-2201, UR-144, WIN 55-212, WIN 48-098
and XLR-11.
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2.1. Indole carboxamides - Any compound structurally derived
from 1H-indole-3-carboxamide or 1H-indole-2-carboxamide:
(A) substituted in both of the following ways:
(I) At the nitrogen atom of the indole ring.
(II) At the nitrogen of the carboxamide by a phenyl, benzyl,
naphthyl, adamantyl, cyclopropyl or propionaldehyde group; and
(B) whether or not the compound is further modified to any
extent in any of the following ways:
(I) Substitution to the indole ring to any extent.
(II) Substitution to the phenyl, benzyl, naphthyl,
adamantyl, cyclopropyl or propionaldehyde group to any extent.
(III) A nitrogen heterocyclic analog of the indole ring.
(IV) A nitrogen heterocyclic analog of the phenyl, benzyl,
naphthyl, adamantyl or cyclopropyl ring.
This shall include AB-CHMINACA, AB-FUBINACA, AB-PINACA,
ADBICA, ADB-PINACA, AKB-48, AMB, NNEI, STS-135 and THJ.
2.2. Indole carboxylic acids - Any compound structurally
derived from 1H-indole-3-carboxylic acid or 1H-indole-2-
carboxylic acid:
(A) substituted in both of the following ways:
(I) At the nitrogen atom of the indole.
(II) At the hydroxyl group of the carboxylic acid by a
phenyl, benzyl, naphthyl, adamantyl, cyclopropyl or
propionaldehyde group; and
(B) whether or not the compound is further modified to any
extent in any of the following ways:
(I) Substitution to the indole ring to any extent.
(II) Substitution to the phenyl, benzyl, naphthyl,
adamantyl, cyclopropyl or propionaldehyde group to any extent.
(III) A nitrogen heterocyclic analog of the indole ring.
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(IV) A nitrogen heterocyclic analog of the phenyl, benzyl,
naphthyl, adamantyl or cyclopropyl ring.
This shall include BB-22, 3-CAF, FDU-PB-22, FUB-PB-22, NM2201
and PB-22.
3. Naphthylmethylindoles or any compound containing a 1H-
indol-3-yl-(1-naphthyl) methane structure with a substitution at
the nitrogen atom of the indole ring whether or not further
substituted in the indole ring to any extent and whether or not
substituted in the naphthyl ring to any extent. This shall
include JWH 175 and JWH 184.
4. Naphthoylpyrroles or any compound containing a 3-(1-
naphthoyl) pyrrole structure with substitution at the nitrogen
atom of the pyrrole ring whether or not further substituted in
the pyrrole ring to any extent and whether or not substituted in
the naphthyl ring to any extent. This shall include JWH 147 and
JWH 307.
5. Naphthylmethylindenes or any compound containing a
naphthylideneindene structure with substitution at the 3-
position of the indene ring whether or not further substituted
in the indene ring to any extent and whether or not substituted
in the naphthyl ring to any extent. This shall include JWH 176.
[6. Phenylacetylindoles or any compound containing a 3-
phenylacetylindole structure with substitution at the nitrogen
atom of the indole ring whether or not further substituted in
the indole ring to any extent and whether or not substituted in
the phenyl ring to any extent. This shall include the following:
(A) RCS-8, SR-18 or BTM-8.
(B) JWH 250.
(C) JWH 203.
(D) JWH 251.
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(E) JWH 302.]
7. Cyclohexylphenols or any compound containing a 2-(3-
hydroxycyclohexyl) phenol structure with a substitution at the
5-position of the phenolic ring whether or not substituted in
the cyclohexyl ring to any extent. This shall include the
following:
(A) CP 47,497 and its homologues and analogues.
(B) Cannabicyclohexanol.
(C) CP 55,940.
[8. Benzoylindoles or any compound containing a 3-(benzoyl)
indole structure with substitution at the nitrogen atom of the
indole ring whether or not further substituted in the indole
ring to any extent and whether or not substituted in the phenyl
ring to any extent. This shall include the following:
(A) AM 694.
(B) Pravadoline WIN 48,098.
(C) RCS 4.
(D) AM 679.]
9. [2,3-Dihydro-5 methyl-3-(4-morpholinylmethyl)pyrrolo
[1,2,3-de]-1, 4-benzoxazin-6-yl]-1-naphthalenymethanone. This
shall include WIN 55,212-2.
10. Dibenzopyrans or any compound containing a 11-hydroxy-
delta 8-tetrahydrocannabinol structure with substitution on the
3-pentyl group. This shall include HU-210, HU-211, JWH 051 and
JWH 133.
[11. Adamantoylindoles or any compound containing a 3-(-1-
adamantoyl) indole structure with substitution at the nitrogen
atom of the indole ring whether or not further substituted in
the adamantoyl ring system to any extent. This shall include AM
1248.
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12. Tetramethylcyclopropylindoles or any compound containing
a 3-tetramethylcyclopropylindole structure with substitution at
the nitrogen atom of the indole ring whether or not further
substituted in the indole ring to any extent and whether or not
substituted in the tetramethylcyclopropyl ring to any extent.
This shall include UR-144 and XLR-11.
13. N-(1-adamantyl)-1-pentyl-1H-indazole-3-carboxamide. This
shall include AKB48.]
14. Any other synthetic chemical compound that is a
cannabinoid receptor type 1 agonist as demonstrated by binding
studies and functional assays that is not listed in Schedules
II, III, IV and V, not a Federal Food and Drug Administration-
approved drug or not used within legitimate, approved medical
research.
(viii) Psychedelic phenethylamines, their analogues,
congeners, homologues, isomers, salts and the salts of
analogues, congeners, homologues and isomers as follows:
1. 2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (2C-E).
2. 2-(2,5-Dimethoxy-4-methylphenyl)ethanamine (2C-D).
3. 2-(4-Chloro-2,5-dimethoxyphenyl)ethanamine (2C-C).
4. 2-(4-Iodo-2,5-dimethoxyphenyl)ethanamine (2C-I).
5. 2-[4-(Ethylthio)-2,5-dimethoxyphenyl]ethanamine (2C-T-2).
6. 2-[4-(Isopropylthio)-2,5-dimethoxyphenyl]ethanamine (2C-
T-4).
7. 2-(2,5-Dimethoxyphenyl)ethanamine (2C-H).
8. 2-(2,5-Dimethoxy-4-nitro-phenyl)ethanamine (2C-N).
9. 2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine (2C-P).
10. 2-(4-chloro-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)
ethanamine (25C-NBOMe).
11. 2-(4-iodo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)
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ethanamine (25I-NBOMe).
12. 2-(4-bromo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)
ethanamine (25B-NBOMe).
(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:
(i) Any of the following substances, of any quantity, except
those narcotics specifically excepted or listed in other
schedules, whether produced directly or indirectly by extraction
from substances of vegetable origin, or independently by means
of chemical synthesis, or by combination of extraction and
chemical synthesis:
1. Opium and opiate, and any salt, compound, derivative, or
preparation of opium or opiate, including hydrocodone, morphine
and oxycodone.
2. Any salt, compound, derivative, or preparation thereof
which is chemically equivalent or identical with any of the
substances referred to in subclause 1, except that these
substances shall not include the isoquinoline alkaloids of
opium.
3. Opium poppy and poppy straw.
4. Coca leaves and any salt, compound, derivative, or
preparation of coca leaves, and any salt, compound, derivative,
or preparation thereof which is chemically equivalent or
identical with any of these substances, but shall not include
decocainized coca leaves or extracts of coca leaves, which
extracts do not contain cocaine or ecgonine.
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* * *
(iii) Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture or preparation
which contains any quantity of the following substances:
1. Amphetamine, its salts, optical isomers, and salts of
its optical isomers.
2. Phenmetrazine and its salts.
3. Methylphenidate.
4. Methamphetamine including its salts, isomers and salts
of isomers.
5. Lisdexamfetamine.
* * *
(3) Schedule III--In determining that a substance comes
within this schedule, the secretary shall find: a potential for
abuse less than the substances listed in Schedules I and II;
well documented and currently accepted medical use in the United
States; and abuse may lead to moderate or low physical
dependence or high psychological dependence. The following
classes of controlled substances are included in this schedule:
(i) Any material, compound, mixture, or preparation unless
specifically excepted or unless listed in another schedule which
contains any quantity of the following substances:
1. Any substance which contains any quantity of a
derivative of barbituric acid, or any salt of a
derivative of barbituric acid.
2. Chorhexadol.
3. Glutethimide.
4. Lysergic acid.
5. Lysergic acid amide.
6. Methyprylon.
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8. Sulfondiethylmethane.
9. Sulfonethylmethane.
10. Sulfonmethane.
11. Buprenorphine.
* * *
(iii) Any material, compound, mixture, or preparation
containing limited quantities of the following narcotic drugs,
or any salts thereof, unless specifically excepted or listed in
other schedules:
1. Not more than 1.8 grams of codeine per 100 milliliters or
not more than 90 milligrams per dosage unit, with an equal or
greater quantity of an isoquinoline alkaloid of opium.
2. Not more than 1.8 grams of codeine per 100 milliliters or
not more than 90 milligrams per dosage unit, with one or more
active, nonnarcotic ingredients in recognized therapeutic
amounts.
[3. Not more than 300 milligrams of dihydrocodeinone per 100
milliliters or not more than 15 milligrams per dosage unit, with
a fourfold or greater quantity of an isoquinoline alkaloid of
opium.
4. Not more than 300 milligrams of dihydrocodeinone per 100
milliliters or not more than 15 milligrams per dosage unit, with
one or more active, nonnarcotic ingredients in recognized
therapeutic amounts.]
5. Not more than 1.8 grams of dihydrocodeine per 100
milliliters or not more than 90 milligrams per dosage unit, with
one or more active, nonnarcotic ingredients in recognized
therapeutic amounts.
6. Not more than 300 milligrams of ethylmorphine per 100
milliliters or not more than 15 milligrams per dosage unit, with
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one or more active, nonnarcotic ingredients in recognized
therapeutic amounts.
7. Not more than 500 milligrams of opium per 100 milliliters
or per 100 grams, or not more than 25 milligrams per dosage
unit, with one or more active, nonnarcotic ingredients in
recognized therapeutic amounts.
8. Not more than 50 milligrams of morphine per 100
milliliters or per 100 grams and not more than 2.5 milligrams
per dosage unit with one or more active, nonnarcotic ingredients
in recognized therapeutic amounts.
* * *
(vii) Anabolic steroid includes any material, compound,
mixture or preparation that includes any of the following or any
isomer, ester, salt or derivative of any of the following that
acts in the same manner on the human body:
1. Chorionic gonadotropin.
2. Clostebol.
3. Dehydrochlormethyltestosterone.
4. Ethylestrenol.
5. Fluoxymesterone.
6. Mesterolone.
7. Metenolone.
8. Methandienone.
9. Methandrostenolone.
10. Methyltestosterone.
11. Nandrolone [decanoate].
[12. Nandrolone phenpropionate.]
13. Norethandrolone.
14. Oxandrolone.
15. Oxymesterone.
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16. Oxymetholone.
17. Stanozolol.
18. Testosterone [propionate].
19. Testosterone-like related compounds.
Human Growth Hormone (HGH) shall not be included as an anabolic
steroid under the provisions of this act. An anabolic steroid
which is a combination of estrogen and anabolic steroid and
which is expressly intended for administration to hormone-
deficient women shall be exempt from the provisions of this act.
A person who prescribes, dispenses or distributes an anabolic
steroid which is a combination of estrogen and anabolic steroids
and which is intended for administration to hormone-deficient
women for use by persons who are not hormone-deficient women
shall be considered to have prescribed, dispensed or distributed
an anabolic steroid within the meaning of this subclause.
* * *
(ix) Ketamine [hydrochloride], any salt, ketamine
[hydrochloride] compound, derivative or preparation of ketamine
[hydrochloride], including any isomers, esters and ethers and
salts of isomers, esters and ethers of ketamine [hydrochloride].
(4) Schedule IV--In determining that a substance comes
within this schedule, the secretary shall find: a low potential
for abuse relative to substances in Schedule III; currently
accepted medical use in the United States; and limited physical
and/or psychological dependence liability relative to the
substances listed in Schedule III. The following controlled
substances are included in this schedule:
(i) Any material, compound, mixture, or preparation, unless
specifically excepted or unless listed in another schedule,
which contains any quantity of the following substances:
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1. Barbital.
2. Chloral betaine.
3. Chloral hydrate.
4. Ethchlorvynol.
5. Ethinamate.
6. Methohexital.
7. Meprobamate.
8. Methylphenobarbital.
9. Paraldehyde.
10. Petrichloral.
11. Phenobarbital.
12. Zopiclone.
13. Carisoprodol.
14. Tramadol.
* * *
(5) Schedule V--In determining that a substance comes within
this schedule, the secretary shall find: a low potential for
abuse relative to the substances listed in Schedule IV;
currently accepted medical use in the United States; and limited
physical dependence and/or psychological dependence liability
relative to the substances listed in Schedule IV. The following
controlled substances are included in this schedule:
(i) Any compound, mixture, or preparation containing limited
quantities of any of the following narcotics or any of their
salts, which shall include one or more nonnarcotic active
medicinal ingredients in sufficient proportion to confer upon
the compound, mixture, or preparation, valuable medicinal
qualities other than those possessed by the narcotic alone:
1. Not more than 200 milligrams of codeine, or any of its
salts, per 100 milliliter or per 100 grams and not more than 10
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milligrams per dosage unit.
2. Not more than 100 milligrams of dihydrocodeine, or any of
its salts, per 100 milliliters or per 100 grams and not more
than 5 milligrams per dosage unit.
3. Not more than 100 milligrams of ethylmorphine, or any of
its salts, per 100 milliliters or per 100 grams and not more
than 5 milligrams per dosage unit.
4. Not more than 2.5 milligrams of diphenoxylate and not
less than 25 micrograms of atropine sulfate per dosage unit.
5. Not more than 100 milligrams of opium per 100 milliliters
or per 100 grams, or not more than 5 milligrams per dosage unit.
6. Pregabalin.
[(ii) Buprenorphine.]
Section 3. Section 13.1 of the act, amended June 24, 2013
(P.L.147, No.26), is amended to read:
Section 13.1. Liquefied Ammonia Gas; Precursors and
Chemicals.--(a) The following acts are prohibited:
(1) Possessing or transporting liquefied ammonia gas:
(i) for any purpose other than legitimate agricultural or
industrial use; or
(ii) in a container not approved by the Department of
Agriculture or the Department of Transportation or both.
(2) Possessing or transporting liquefied ammonia gas with
intent to unlawfully manufacture a controlled substance.
(3) Possessing [red phosphorous, hypophosphoric acid,
ammonium sulfate, phosphorous, iodine, hydriodic acid,
ephedrine, pseudoephedrine, lithium, sodium, potassium,
sassafras oil, safrole oil or other oil containing safrole or
equivalent, whether in powder or liquid form,]
phenylpropanolamine, phenyl acetone, methylamine, ammonium
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sulfate, ammonium nitrate [or], phenyl acetic acid or a
precursor substance with intent to unlawfully manufacture a
controlled substance.
(4) Possessing the esters, salts, optical isomers or salts
of optical isomers of any of the substances under clause (3)
with intent to manufacture a controlled substance.
(b) A person who violates subsection (a)(1) commits a
misdemeanor and upon conviction shall be sentenced to
imprisonment not exceeding five years and to pay a fine not
exceeding ten thousand dollars ($10,000).
(c) A person who violates subsection (a)(2), (3) or (4)
commits a felony and upon conviction shall be sentenced to
imprisonment not exceeding seven years and to pay a fine not
exceeding fifteen thousand dollars ($15,000).
(d) As used in this section, the term "precursor substance"
means:
(1) red phosphorous, hypophosphoric acid, ammonium sulfate,
phosphorous, iodine, hydriodic acid or ephedrine,
pseudoephedrine, phenylpropanolamine or any of their salts or
optical isomers;
(2) salts of optical isomers or lithium, sodium, potassium,
sassafras oil or safrole oil or other oil containing safrole or
equivalent, whether in powder or liquid form; and
(3) any chemical in a regulation promulgated by the
secretary under section 35(b).
Section 4. Section 35 of the act is amended to read:
Section 35. Promulgation of Regulations.--(a) The secretary
shall have the authority to promulgate in accordance with the
provisions of this section and of the act of July 31, 1968
(P.L.769, No. 240), known as the "Commonwealth Documents Law"
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any regulations hereinbefore referred to in this act and such
other regulations with the consent of the board regarding the
possession, distribution, sale, purchase or manufacture of
controlled substances, other drugs or devices or cosmetics as
may be necessary to aid in the enforcement of this act.
(b) The following apply to a regulation adding a chemical to
the definition of "precursor substance" in section 13.1(d):
(1) The secretary may promulgate the regulation:
(i) as part of the administration of this act; or
(ii) in response to a petition of an interested party.
(2) In determining whether to add a chemical, the secretary
shall consider all of the following:
(i) Whether the chemical is already a controlled substance.
(ii) The availability of the chemical for potential illegal
diversion.
(iii) The historical, actual or potential use of the
chemical in the illegal production of a controlled substance,
including the scope, duration and significance of use.
(iv) The nature and extent of the legitimate uses of the
chemical.
(v) The clandestine and legitimate importation, manufacture
or distribution of the chemical.
(vi) Any other factors relevant to and consistent with
public health and safety.
(3) Promulgation of the regulation is exempt from section
612 of the act of April 9, 1929 (P.L.177, No.175), known as "The
Administrative Code of 1929" and the act of June 25, 1982
(P.L.633, No.181), known as the "Regulatory Review Act."
Section 5. This act shall take effect in 60 days.
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