PRINTER'S NO. 1168
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
959
Session of
2023
INTRODUCED BY ROBINSON, BAKER, BREWSTER AND KANE,
OCTOBER 16, 2023
REFERRED TO JUDICIARY, OCTOBER 16, 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
authority to control.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3(c)(1) 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 a subsection to read:
Section 3. Authority to Control.--* * *
(b.1) (1) Notwithstanding subsection (a), if a substance is
added to the schedules as a controlled substance under Federal
law, the secretary shall similarly schedule the substance as a
controlled substance under this act and transmit a notice to the
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Legislative Reference Bureau for publication in the next
available issue of the Pennsylvania Bulletin, which may not
occur earlier than 30 days from publication in the Federal
Register of the final order.
(2) If, within 30 days of publication of the final order in
the Federal Register, the secretary objects or a party adversely
affected files with the secretary a substantial written
objection to the addition of the substance as a controlled
substance under this act, the secretary shall transmit to the
Legislative Reference Bureau for publication in the next
available issue of the Pennsylvania Bulletin a notice of the
reasons for the objection or the substantial written objections
and shall afford all interested parties an opportunity to be
heard by the secretary.
(3) After conclusion of the hearing required under clause
(2), the secretary shall issue an order as to whether the
substance is scheduled in accordance with clause (1) as a
controlled substance under this act, and shall transmit the
order to the Legislative Reference Bureau for publication in the
next available issue of the Pennsylvania Bulletin.
(4) If, within 30 days of publication of the final order in
the Federal Register, neither the secretary objects nor a party
adversely affected files with the secretary a substantial
written objection to the addition, the secretary shall transmit
an order to the Legislative Reference Bureau for publication in
the next available issue of the Pennsylvania Bulletin. The order
shall state that the substance is scheduled in accordance with
clause (1) as a controlled substance under this act.
(5) A rule published in accordance with clause (3) or (4)
shall take effect upon publication in the Pennsylvania Bulletin.
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(c) 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), 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.]
* * *
Section 2. This act shall take effect in 60 days.
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