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. B28L35MSP/20050H1329B1587 - 2 -