SB 326 — An Act amending the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, further providing for authority to control.

PRINTER'S NO.   256

                      THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         SENATE BILL
                         No. 326
                                                Session of
                                                  2025

     INTRODUCED BY BAKER, ROBINSON, BARTOLOTTA, FONTANA, BROWN,
        PENNYCUICK, STEFANO, J. WARD, DUSH, VOGEL AND COSTA,
        FEBRUARY 26, 2025

     REFERRED TO JUDICIARY, FEBRUARY 26, 2025


                                     AN ACT
 1   Amending the act of April 14, 1972 (P.L.233, No.64), entitled
 2      "An act relating to the manufacture, sale and possession of
 3      controlled substances, other drugs, devices and cosmetics;
 4      conferring powers on the courts and the secretary and
 5      Department of Health, and a newly created Pennsylvania Drug,
 6      Device and Cosmetic Board; establishing schedules of
 7      controlled substances; providing penalties; requiring
 8      registration of persons engaged in the drug trade and for the
 9      revocation or suspension of certain licenses and
10      registrations; and repealing an act," further providing for
11      authority to control.
12      The General Assembly of the Commonwealth of Pennsylvania
13   hereby enacts as follows:
14      Section 1.     Section 3(c)(1) of the act of April 14, 1972
15   (P.L.233, No.64), known as The Controlled Substance, Drug,
16   Device and Cosmetic Act, is amended and the section is amended
17   by adding a subsection to read:
18      Section 3.     Authority to Control.--* * *
19      (b.1)   (1)    Notwithstanding subsection (a), if a substance is
20   added to the schedules as a controlled substance under Federal
21   law, the secretary shall similarly schedule the substance as a
22   controlled substance under this act and transmit a notice to the
 1   Legislative Reference Bureau for publication in the next
 2   available issue of the Pennsylvania Bulletin, which may not
 3   occur earlier than 30 days from publication in the Federal
 4   Register of the final order.
 5      (2)   If, within 30 days of publication of the final order in
 6   the Federal Register, the secretary objects or a party adversely
 7   affected files with the secretary a substantial written
 8   objection to the addition of the substance as a controlled
 9   substance under this act, the secretary shall transmit to the
10   Legislative Reference Bureau for publication in the next
11   available issue of the Pennsylvania Bulletin a notice of the
12   reasons for the objection or the substantial written objections
13   and shall afford all interested parties an opportunity to be
14   heard by the secretary.
15      (3)   After conclusion of the hearing required under clause
16   (2), the secretary shall issue an order as to whether the
17   substance is scheduled in accordance with clause (1) as a
18   controlled substance under this act, and shall transmit the
19   order to the Legislative Reference Bureau for publication in the
20   next available issue of the Pennsylvania Bulletin.
21      (4)   If, within 30 days of publication of the final order in
22   the Federal Register, neither the secretary objects nor a party
23   adversely affected files with the secretary a substantial
24   written objection to the addition, the secretary shall transmit
25   an order to the Legislative Reference Bureau for publication in
26   the next available issue of the Pennsylvania Bulletin. The order
27   shall state that the substance is scheduled in accordance with
28   clause (1) as a controlled substance under this act.
29      (5)   A rule published in accordance with clause (3) or (4)
30   shall take effect upon publication in the Pennsylvania Bulletin.

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 1      (c)    Notwithstanding subsection (a), if the secretary finds
 2   that the health and safety of the public will not be adversely
 3   affected, the secretary may:
 4      [(1)    Reschedule any controlled substance to coincide with
 5   Federal law, including the Controlled Substances Act (Public Law
 6   91-513, 84 Stat. 1236), regulations promulgated under 21 CFR Ch.
 7   2 (relating to drug enforcement administration, department of
 8   justice) or any Federal judicial order. The secretary shall
 9   publish a notice in the Pennsylvania Bulletin of the
10   rescheduling of a controlled substance under this clause. The
11   rescheduling of the controlled substance to a higher schedule
12   may not take effect earlier than thirty days after publication
13   of the notice in the Pennsylvania Bulletin. The rescheduling of
14   a controlled substance to a lower schedule may take effect upon
15   publication in the Pennsylvania Bulletin.]
16      * * *
17      Section 2.    This act shall take effect in 60 days.




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