PRINTER'S NO. 1587
No. 1329 Session of 2005
INTRODUCED BY J. EVANS, BALDWIN, BEBKO-JONES, BOYD, CALTAGIRONE,
CAPPELLI, CAUSER, CLYMER, CRAHALLA, CRUZ, DALLY, DENLINGER,
DeWEESE, DiGIROLAMO, FABRIZIO, FLEAGLE, FRANKEL, GEIST,
GINGRICH, GOOD, GRELL, HENNESSEY, HERMAN, HERSHEY,
HICKERNELL, M. KELLER, KILLION, MAJOR, MARSICO, McILHATTAN,
PICKETT, PYLE, RAPP, REICHLEY, SCAVELLO, SONNEY,
R. STEVENSON, E. Z. TAYLOR, TURZAI, WATSON, WHEATLEY, WILT
AND YOUNGBLOOD, APRIL 12, 2005
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 12, 2005
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 schedules of controlled substances.
12 The General Assembly of the Commonwealth of Pennsylvania
13 hereby enacts as follows:
14 Section 1. Section 4(5) 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 by adding a subclause to
17 read:
18 Section 4. Schedules of Controlled Substances.--The
19 following schedules include the controlled substances listed or
1 to be listed by whatever official name, common or usual name,
2 chemical name, or trade name designated.
3 * * *
4 (5) Schedule V--In determining that a substance comes within
5 this schedule, the secretary shall find: a low potential for
6 abuse relative to the substances listed in Schedule IV;
7 currently accepted medical use in the United States; and limited
8 physical dependence and/or psychological dependence liability
9 relative to the substances listed in Schedule IV. The following
10 controlled substances are included in this schedule:
11 * * *
12 (iii) Any compound, mixture, or preparation containing any
13 detectable quantity of ephedrine, pseudoephedrine or
14 phenylpropanolamine or any of their salts or optical isomers, or
15 salts of optical isomers, but shall not include any of the
16 following:
17 1. Any compound, mixture, or preparation in liquid, liquid
18 capsule, or liquid gel capsule form if ephedrine,
19 pseudoephedrine or phenylpropanolamine is not the only active
20 ingredient.
21 2. Any compound, mixture, or preparation which has been
22 determined by the secretary to be formulated in such a way as to
23 effectively prevent the conversion of the active ingredient into
24 methamphetamine or its salts or optical isomers, or salts of
25 optical isomers.
26 Section 2. This act shall take effect in 60 days.
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