PRINTER'S NO. 1963
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1661
Session of
2023
INTRODUCED BY METZGAR, GIRAL, PICKETT, KUZMA, MARCELL, HANBIDGE,
PASHINSKI, ZIMMERMAN AND R. MACKENZIE, SEPTEMBER 7, 2023
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
SEPTEMBER 7, 2023
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
definitions and for prohibited acts and penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2(b) 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 definitions to
read:
Section 2. Definitions.--* * *
(b) As used in this act:
* * *
"Licit use of xylazine" means any of the following:
(1) Dispensing or prescribing for, or administrating to, a
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nonhuman species of a drug containing xylazine that:
(i) has been approved by the Secretary of Health and Human
Services under 21 U.S.C. § 360b (relating to new animal drugs);
or
(ii) is authorized under 21 U.S.C. § 360b(a)(4)).
(2) The manufacturing, distribution or use of xylazine as an
active pharmaceutical ingredient for manufacturing an animal
drug approved under 21 U.S.C. 360b or an animal drug that has
been issued an investigation use exemption under 21 U.S.C. §
360b(j).
(3) The manufacturing, distribution or use of a xylazine
bulk chemical for pharmaceutical compounding by a licensed
pharmacist or veterinarians.
(4) Any other use approved or authorized under 21 U.S.C. Ch.
9 (relating to Federal Food, Drug, and Cosmetic Act).
* * *
"Xylazine" means any of the following substances, including
the salts, isomers and salts of isomers of the substances when
the existence of the salts, isomers and salts of isomers is
possible within the specific chemical designation:
(1) Xylazine.
(2) Xylazine-M (2,6Mich dimethylaniline).
(3) Xylazine-M (N-thiourea-2,6-dimethylaniline).
(4) Xylazine-M (Sulfone-HO-) isomer 2.
(5) Xylazine-M (HO-2,6-dimethylaline isomer 1).
(6) Xylazine-M (HO-2,6-dimethylaline isomer 2).
(7) Xylazine M (oxo-).
(8) Xylazine-M (HO-) isomer 1.
(9) Xylazine-M (HO-) isomer 1 glucuronide.
(10) Xylazine-M (HO-) isomer 2.
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(11) Xylazine-M (HO-) isomer 2 glucuronide.
(12) Xylazine-M (HO-oxo-) isomer 1.
(13) Xylazine-M (HO-oxo-) isomer 1 glucuronide.
(14) Xylazine-M (HO-oxo-) isomer 2.
(15) Xylazine-M (HO-oxo-) isomer 2 glucuronide.
(16) Xylazine-M (sulfone).
(17) Xylazine-M (sulfone-HO-) isomer 1.
(18) Any compound, mixture or preparation which contains any
quantity of the substances specified under this definition.
Section 2. Section 13(a)(12), (14), (16), (30), (32), (33),
and (f)(2) of the act are amended to read:
Section 13. Prohibited Acts; Penalties.--(a) The following
acts and the causing thereof within the Commonwealth are hereby
prohibited:
* * *
(12) The acquisition or obtaining of possession of a
controlled substance or xylazine, except for the licit use of
xylazine, by misrepresentation, fraud, forgery, deception or
subterfuge.
* * *
(14) The administration, dispensing, delivery, gift or
prescription of any controlled substance or xylazine, except for
the licit use of xylazine, by any practitioner or professional
assistant under the practitioner's direction and supervision
unless done (i) in good faith in the course of his professional
practice; (ii) within the scope of the patient relationship;
(iii) in accordance with treatment principles accepted by a
responsible segment of the medical profession.
* * *
(16) Knowingly or intentionally possessing a controlled or
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counterfeit substance or xylazine, except for the licit use of
xylazine, by a person not registered under this act, or a
practitioner not registered or licensed by the appropriate State
board, unless the substance was obtained directly from, or
pursuant to, a valid prescription order or order of a
practitioner, or except as otherwise authorized by this act.
* * *
(30) Except as authorized by this act, the manufacture,
delivery, or possession with intent to manufacture or deliver, a
controlled substance or xylazine, except for the licit use of
xylazine, by a person not registered under this act, or a
practitioner not registered or licensed by the appropriate State
board, or knowingly creating, delivering or possessing with
intent to deliver, a counterfeit controlled substance.
* * *
(32) The use of, or possession with intent to use, drug
paraphernalia for the purpose of planting, propagating,
cultivating, growing, harvesting, manufacturing, compounding,
converting, producing, processing, preparing, testing,
analyzing, packing, repacking, storing, containing, concealing,
injecting, ingesting, inhaling or otherwise introducing into the
human body a controlled substance or xylazine, except for the
licit use of xylazine, in violation of this act.
(33) The delivery of, possession with intent to deliver, or
manufacture with intent to deliver, drug paraphernalia, knowing,
or under circumstances where one reasonably should know, that it
would be used to plant, propagate, cultivate, grow, harvest,
manufacture, compound, convert, produce, process, prepare, test,
analyze, pack, repack, store, contain, conceal, inject, ingest,
inhale or otherwise introduce into the human body a controlled
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substance or xylazine, except for the licit use of xylazine, in
violation of this act.
* * *
(f) Any person who violates clause (12), (14) or (30) of
subsection (a) with respect to:
* * *
(2) Any other controlled substance or counterfeit substance
classified in Schedule I, II, or III, or xylazine, except for
the licit use of xylazine, is guilty of a felony and upon
conviction thereof shall be sentenced to imprisonment not
exceeding five years, or to pay a fine not exceeding fifteen
thousand dollars ($15,000), or both.
* * *
Section 3. This act shall take effect in 60 days.
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