Probation Supervision terminated WIN

Client. a person with 72 plus former arrests received probation for selling narcotics in Philly. This charge is known as Possession with Intent to Deliver a Controlled Substance. (PWID). Later client gets picked up for a probation violation and gets sent to jail. Client hires Thomas Kenny of Kenny, Burns & McGill to represent him. Attorney Kenny gets the detainer lifted which allows client to leave jail and then after a hearing with the Court, client’s probation is terminated and his supervision is over. Supervision termination win.

To read more about Pennsylvania drug laws see https://www.legis.state.pa.us/cfdocs/Legis/LI/uconsCheck.cfm?txtType=HTM&yr=1972&sessInd=0&smthLwInd=0&act=0064.

Excerpts from Pennsylvania law as follows:

Section 1.  Short Title.

Section 2.  Definitions.

Section 3.  Authority to Control.

Section 4.  Schedules of Controlled Substances.

Section 5.  Exempt Controlled Substances, Other Drugs, Devices and Cosmetics.

Section 6.  Registration.

Section 7.  Adulteration.

Section 8.  Misbranding.

Section 9.  Color Additives.

Section 10.  New Drugs.

Section 11.  Professional Prescription, Administration, and Dispensing.

Section 12.  Records of Distribution of Controlled Substances.

Section 13.  Prohibited Acts; Penalties.

Section 13.1. Liquefied Ammonia Gas; Precursors and Chemicals.

Section 13.2. Clandestine Drug Laboratory Data Repository.

Section 13.3. Methamphetamine Production.

Section 13.4. Operating a Methamphetamine Laboratory and Illegal Dumping of Methamphetamine Waste.

Section 13.5. Environmental Costs.

Section 13.6. Ephedrine and Pseudoephedrine; Electronic Tracking.

Section 13.7. Drug Overdose Response Immunity.

Section 13.8. Drug Overdose Medication.

Section 14.  Distribution to Persons Under Age Eighteen.

Section 15.  Second or Subsequent Offense.

Section 16.  Enforcement Provisions.

Section 17.  Probation Without Verdict.

Section 18.  Disposition in Lieu of Trial or Criminal Punishment.

Section 19.  Expunging Criminal Records.

Section 20.  Offenses by a Corporation, Copartnership or Association.

Section 21.  Burden of Proving Exemptions.

Section 22.  Judicial Review.

Section 23.  Revocation of Licenses of Practitioners.

Section 24.  Administrative Inspections and Warrants.

Section 25.  Injunctive Relief.

Section 26.  Cooperation With Other Authorities.

Section 27.  Embargo.

Section 28.  Forfeiture (Repealed).

Section 29.  Procedure With Respect to Seized Property Subject to Liens and Rights of Lienholders (Repealed).

Section 30.  Hearing Examiners.

Section 31.  Board Creation.

Section 32.  Persons Authorized to Prescribe Drugs to Remain as Heretofore.

Section 33.  Conformity With Federal Law.

Section 34.  Administration of Act.

Section 35.  Promulgation of Regulations.

Section 36.  Administrative Procedure.

Section 37.  Cooperative Agreements and Confidentiality.

Section 38.  Savings Provision.

Section 39.  Pending Proceedings.

Section 40.  Continuation of Regulations.

Section 41.  Uniformity of Interpretation.

Section 41.1. Effect on Local Ordinances.

Section 42.  Bar to Prosecution.

Section 43.  Repeals.

Section 44.  Effective Dates.

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

Section 1.  Short Title.–This act shall be known and may be cited as “The Controlled Substance, Drug, Device and Cosmetic Act.”

Section 2.  Definitions.–(a)  The definitions contained and used in the “Pennsylvania Drug and Alcohol Abuse Control Act” shall also apply for purposes of this act.

(b)  As used in this act:

“Administer” means the direct application of a controlled substance, other drug or device, whether by injection, inhalation, ingestion, or any other means, to the body of a patient or research subject.

“Advertisement” means any representation, disseminated in any manner or by any means other than by labeling, for the purpose of inducing or which is likely to induce, directly or indirectly, the purchase and/or use of a controlled substance, other drug, device or cosmetic.

“Agent” means an authorized person when acting on behalf of or at the direction of a manufacturer, distributor, or dispenser. It does not include a common or contract carrier, public warehouseman, or employe of the carrier or warehouseman.

“Board” means the Pennsylvania Drug, Device and Cosmetic Board.

“Bureau” means the Bureau of Drug Control, Pennsylvania Department of Health.

“Color additive” means a material which is a dye, pigment or other substance made by a process of synthesis or similar artifice, or extracted, isolated or otherwise derived, with or without intermediate or final change of identity, from a vegetable, animal, mineral or other source, and, when added or applied to a controlled substance, other drug, device or cosmetic to the human or animal body, is capable, alone or through reaction with another substance, of imparting color thereto, except that such term does not include any material which the appropriate authority, pursuant to the Federal act, determines is used or intended to be used solely for a purpose or purposes other than coloring. The term “color” includes black, white and intermediate grays.

“Commercial container” means any bottle, jar, tube, ampul, or other receptacle in which a controlled substance, other drug, device or cosmetic is held for distribution or dispensing to an ultimate user, and in addition, any box or package in which the receptacle is held for distribution or dispensing to an ultimate user. The term “commercial container” does not include any package liner, package insert or other material kept with or within a commercial container, nor any carton, crate, drum, or other package in which commercial containers are stored or are used for shipment of controlled substances.

“Contaminated with filth” means consisting, in whole or in part, of any decomposed, putrid or filthy substance, or prepared, packed or held under any unsanitary condition or exposed whereby the article or product concerned may have become contaminated with filth, dirt, dust or any foreign material, or in any manner rendered injurious to health.

“Contraband” means any controlled substance, other drug, device or cosmetic possessed by a person not authorized by law to possess such controlled substance, other drug, device or cosmetic, or obtained or held in a manner contrary to the provisions of this act.

“Control” means to regulate, or change the placement of a controlled substance or immediate precursor; under the provisions of this act. (Def. amended Oct. 26, 1972, P.L.1048, No.263)

“Controlled substance” means a drug, substance, or immediate precursor included in Schedules I through V of this act.

“Cosmetic” means: (i) substances intended to be rubbed, poured, sprinkled or sprayed on, introduced into or otherwise applied to the human body or other animal body or any part thereof for cleansing, beautifying, promoting attractiveness or altering the appearance, and (ii) substances intended for use as a component of any such substances, except that such term shall not include soap.

“Council” means the Governor’s Council on Drug and Alcohol Abuse.

“Counterfeit” means a controlled substance, other drug, device or cosmetic which, or the container or labeling of which, without authorization, bears the trademark, trade name, or other identifying mark, imprint, number, or device, or any likeness thereof, of a manufacturer, distributor, or dispenser other than the person or persons who in fact manufactured, distributed, or dispensed such substance and which thereby is falsely purported or represented to be the product of, or to have been distributed by, such other manufacturer, distributor, or dispenser.

“Court” means all courts of the Commonwealth of Pennsylvania, including magistrates and justices of the peace.

“Deliver” or “delivery” means the actual, constructive, or attempted transfer from one person to another of a controlled substance, other drug, device or cosmetic whether or not there is an agency relationship.

“Department” means the Department of Health of the Commonwealth of Pennsylvania.

“Designer drug” means a substance other than a controlled substance that is intended for human consumption and that either has a chemical structure substantially similar to that of a controlled substance in Schedules I, II or III of this act or that produces an effect substantially similar to that of a controlled substance in Schedules I, II or III. Examples of chemical classes in which designer drugs are found include, but are not limited to, the following: Phenethylamines, N-substituted piperidines, morphinans, ecgonines, quinazolinones, substituted indoles and arylcycloalkylamines. (Def. amended Feb. 11, 2000, P.L.9, No.3)

“Device” means instruments, apparatus and contrivances, including their components, parts and accessories, intended: (i) for use in the diagnosis, cure, mitigation, treatment or prevention of disease of man or other animals; or (ii) to affect the structure or any function of the body of man or other animals.

“Dispense” means to deliver a controlled substance, other drug or device to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, including the prescribing, administering, packaging, labeling, or compounding necessary to prepare such item for that delivery.

“Dispenser” means a practitioner who dispenses.

“Distribute” means to deliver other than by administering or dispensing a controlled substance, other drug, device or cosmetic.

“Distributor” means any person engaged in the activities of jobber, dealer, or wholesaler who sells, or otherwise distributes, any controlled substance, other drug, device or cosmetic for resale or redistribution which he has not himself prepared, produced or compounded.

“Drug” means: (i) substances recognized in the official United States Pharmacopeia, or official National Formulary, or any supplement to either of them; and (ii) substances intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in man or other animals; and (iii) substances (other than food) intended to affect the structure or any function of the human body or other animal body; and (iv) substances intended for use as a component of any article specified in clause (i), (ii) or (iii), but not including devices or their components, parts or accessories.

“Drug dependent person” means a person who is using a drug, controlled substance or alcohol, and who is in a state of psychic or physical dependence, or both, arising from administration of that drug, controlled substance or alcohol on a continuing basis. Such dependence is characterized by behavioral and other responses which include a strong compulsion to take the drug, controlled substance or alcohol on a continuous basis in order to experience its psychic effects, or to avoid the discomfort of its absence. This definition shall include those persons commonly known as “drug addicts.”

“Drug paraphernalia” means all equipment, products and materials of any kind which are used, intended for use or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance in violation of this act. It includes, but is not limited to:

(1)  Kits used, intended for use or designed for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived.

(2)  Kits used, intended for use or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances.

(3)  Isomerization devices used, intended for use or designed for use in increasing the potency of any species of plant which is a controlled substance.

(4)  Testing equipment used, intended for use or designed for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances.

(5)  Scales and balances used, intended for use or designed for use in weighing or measuring controlled substances.

(6)  Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use or designed for use in cutting controlled substances.

(7)  Separation gins and sifters used, intended for use or designed for use in removing twigs and seeds from or in otherwise cleaning or refining marihuana.

(8)  Blenders, bowls, containers, spoons and mixing devices used, intended for use or designed for use in compounding controlled substances.

(9)  Capsules, balloons, envelopes and other containers used, intended for use or designed for use in packaging small quantities of controlled substances.

(10)  Containers and other objects used, intended for use or designed for use in storing or concealing controlled substances.

(11)  Hypodermic syringes, needles and other objects used, intended for use, or designed for use in parenterally injected controlled substances into the human body.

(12)  Objects used, intended for use or designed for use in ingesting, inhaling or otherwise introducing marihuana, cocaine, hashish or hashish oil into the human body, such as:

(i)  Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls.

(ii)  Water pipes.

(iii)  Carburetion tubes and devices.

(iv)  Smoking and carburetion masks.

(v)  Roach clips; meaning objects used to hold burning material such as a marihuana cigarette, that has become too small or too short to be held in the hand.

(vi)  Miniature cocaine spoons and cocaine vials.

(vii)  Chamber pipes.

(viii)  Carburetor pipes.

(ix)  Electric pipes.

(x)  Air-driven pipes.

(xi)  Chillums.

(xii)  Bongs.

(xiii)  Ice pipes or chillers.

In determining whether an object is drug paraphernalia, a court or other authority should consider, in addition to all other logically relevant factors, statements by an owner or by anyone in control of the object concerning its use, prior convictions, if any, of an owner, or of anyone in control of the object, under any State or Federal law relating to any controlled substance, the proximity of the object, in time and space, to a direct violation of this act, the proximity of the object to controlled substances, the existence of any residue of controlled substances on the object, direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons who he knows, or should reasonably know, intend to use the object to facilitate a violation of this act, the innocence of an owner or of anyone in control of the object, as to a direct violation of this act should not prevent a finding that the object is intended for use or designed for use as drug paraphernalia, instructions, oral or written, provided with the object concerning its use, descriptive materials accompanying the object which explain or depict its use, national and local advertising concerning its use, the manner in which the object is displayed for sale, whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products, direct or circumstantial evidence of the ratio of sales of the objects to the total sales of the business enterprise, the existence and scope of legitimate uses for the object in the community, and expert testimony concerning its use.

(Def. added Dec. 4, 1980, P.L.1093, No.186)

“Immediate precursor” means a substance which the secretary has found to be, and by regulation designates as being a principal compound commonly used or produced primarily for use, and which is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance.

“Label” means a display of written, printed or graphic matter upon the commercial container of any substance or article and a requirement made by or under authority of this act that any word, statement or other information appearing on the label shall not be considered to be complied with unless such word, statement or other information also appears on the outside container or wrapper, if any there be, of the retail package of such substance or is easily legible through the outside container or wrapper.

“Labeling” means all labels and other written, printed, or graphic matter: (i) upon a substance or any of its containers or wrappers; or (ii) accompanying such substance.

“Manufacture” means the production, preparation, propagation, compounding, conversion or processing of a controlled substance, other drug or device or the packaging or repackaging of such substance or article, or the labeling or relabeling of the commercial container of such substance or article, but does not include the activities of a practitioner who, as an incident to his administration or dispensing such substance or article in the course of his professional practice, prepares, compounds, packages or labels such substance or article. The term “manufacturer” means a person who manufactures a controlled substance, other drug or device.

“Marihuana” consists of all forms, species and/or varieties of the genus Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin; but shall not include tetrahydrocannabinols, the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil, cake, or the sterilized seed of such plant which is incapable of germination. (Def. amended July 30, 1975, P.L.104, No.54)

“Narcotic” means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis: (i) opium, (ii) any opiate having an addiction-forming or addiction-sustaining capacity similar to morphine, but not including the isoquinoline alkaloids of opium, (iii) any compound, manufacture, salt, derivative, or preparation of opium or any opiate, and (iv) any substance, compound, manufacture, salt, derivative, or preparation thereof, which is chemically identical with any of the substances referred to in (i), (ii) or (iii).

“New drug” means: (i) any drug the composition of which is such that such drug is not generally recognized among experts qualified by scientific training and experience to evaluate the safety and effectiveness of drugs as safe and effective for use under the conditions prescribed, recommended or suggested in the labeling thereof; or (ii) any drug the composition of which is such that such drug, as a result of investigations to determine its safety and effectiveness for use under such conditions, has become so recognized, but which has not, otherwise than in such investigations, been used to a material extent or for a material time under such conditions.

“Nonproprietary drug” means any drug containing any quantity of any controlled substance or any drug requiring a prescription, a drug containing biologicals or substances of glandular origin (except intestinal enzymes and all liver products), drugs which are administered parenterally, but not any such drugs which are prepackaged with complete dosage instructions in the labeling limiting their use to the care or treatment of poultry and livestock.

“Official compendium” means the official United States Pharmacopeia, the official National Formulary or any supplement to either of them.

“Opiate” means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. It does not include the dextrorotatory isomer of 3-methoxy-n-methlmorphinan and its salts (dextromethorphan). It does include the racemic and levorotatory forms.

“Opium poppy” means the plant of the species Papaver somniferum L., except its seeds.

“Person” means individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity.

“Poppy straw” means all parts, except the seeds, of the opium poppy, after mowing.

“Practitioner” means: (i) a physician, osteopath, dentist, veterinarian, pharmacist, podiatrist, nurse, scientific investigator, or other person licensed, registered or otherwise permitted to distribute, dispense, conduct research with respect to or to administer a controlled substance, other drug or device in the course of professional practice or research in the Commonwealth of Pennsylvania; (ii) a pharmacy, hospital, clinic or other institution licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to or to administer a controlled substance, other drug or device in the course of professional practice or research in the Commonwealth of Pennsylvania.

“Production” includes the manufacture, planting, cultivation, growing or harvesting of a controlled substance, other drug, device and cosmetic.

“Prescription” or “prescription order” means an order for a controlled substance, other drug or device for medication which is dispensed to or for an ultimate user, but does not include an order for a controlled substance, other drug or device for medication which is dispensed for immediate administration to the ultimate user (e.g., an order to dispense a drug to a bed patient for immediate administration in a hospital is not a prescription order).

“Real-time stop-sale system” means a system intended to be used by law enforcement agencies and pharmacies or other business establishments that:

(1)  is installed, operated and maintained free of any one-time or recurring charge to the business establishment or to the Commonwealth;

(2)  is able to communicate in real time with similar systems operated in other states and similar systems containing information submitted by more than one state;

(3)  complies with the security policy of the Criminal Justice Information Services Division of the Federal Bureau of Investigation or its successor;

(4)  complies with information exchange standards adopted by the National Information Exchange Model or its successor;

(5)  uses a mechanism to prevent the completion of a sale of a product containing ephedrine or pseudoephedrine that would violate Federal or State law regarding the purchase of a product containing those substances; and

(6)  is equipped with an override of the mechanism that:

(i)  may be activated by an employe of a business establishment; and

(ii)  creates a record of each activation of the override. (Def. added July 9, 2013, P.L.359, No.53)

“Registrant” means any one person registered under the laws of this Commonwealth to manufacture, dispense, distribute, administer or sell drugs.

“Secretary” means the Secretary of Health of the Commonwealth of Pennsylvania.

“Structure” means any house, apartment building, shop, warehouse, barn, building, vessel, railroad car, cargo container, motor vehicle, housecar, trailer, trailer coach, camper, mine, floating home, or other enclosed structure capable of holding a child and manufacturing equipment. (Def. added Nov. 19, 2004, P.L.846, No.108)

“Temporary technological or electrical failure” means any failure of a computer system, application or device, or the loss of electrical power to that system, application or device, or any other service interruption to a computer system, application or device in a manner that reasonably prevents a practitioner from utilizing his or her certified electronic prescribing application to transmit an electronic prescription for a controlled substance in accordance with this act and Federal requirements. (Def. added Oct. 24, 2018, P.L.662, No.96)

“Ultimate user” means a person who lawfully possesses a controlled substance, other drug, device or cosmetic for his own use or for the use of a member of his household or for administering to an animal in his care.

Compiler’s Note:  Section 1 of Reorganization Plan No.4 of 1981 provided that the Council on Drug and Alcohol Abuse, together with its powers, functions and duties as set forth in Act 64, are transferred from the Governor’s Office to the Department of Health.

Section 3.  Authority to Control.–(a)  The secretary shall control all substances listed in Schedules I through V of this act and may, by regulation, upon his own motion or on the petition of any interested party, add a substance as a controlled substance. Such regulations shall be adopted in accordance with the act of July 31, 1968 (P.L.769, No.240), known as the “Commonwealth Documents Law.” Before so doing, the secretary shall request the advice in writing from the board whether a substance should be added as a controlled substance. Such advice shall be rendered to the secretary within a reasonable time. The secretary shall consider with respect to each substance hereafter controlled:

(1)  Its actual or relative potential for abuse;

(2)  Scientific evidence of its pharmacological effect, if known;

(3)  State of current scientific knowledge regarding the substance;

(4)  Its history and current pattern of abuse;

(5)  The scope, duration, and significance of abuse;

(6)  The risk there is to the public health;

(7)  Its psychic or physiological dependence liability;

(8)  Whether the substance is controlled under Federal law; and

(9)  Whether the substance is an immediate precursor of a substance already controlled under this section.

After considering the above factors, the secretary shall make findings with respect thereto and shall issue a regulation controlling the substance if he finds that the substance has a potential for abuse.

(b)  If the secretary designates a substance as an immediate precursor, substances which are precursors of the controlled precursor shall not be subject to control solely because they are precursors of the controlled precursor.

(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.

(2)  Exclude any substance or remove any controlled substance from any schedule, provided that the substance or controlled substance has been approved for over-the-counter use without a prescription under Federal law, including the Federal Food, Drug and Cosmetic Act (52 Stat. 1040, 21 U.S.C. § 301, et seq.), regulations promulgated under 21 CFR Ch. 1 (relating to food and drug administration, department of health and human services) or any Federal judicial order.

((c) amended June 8, 2016, P.L.258, No.37)

(d)  If the secretary finds that the scheduling of a substance on a temporary basis is necessary to avoid an imminent hazard to public safety, the secretary may, by publishing a final notice in the Pennsylvania Bulletin and without regard to the requirements of subsection (a), schedule a substance under one of the schedules in section 4 if the substance is not listed in any other schedule in section 4 or 28 Pa. Code §§ 25.72 (relating to schedules of controlled substances) and 25.75 (relating to paregoric) and if no exception or approval is in effect for the substance under section 505 of the Federal Food, Drug and Cosmetic Act (52 Stat. 1040, 21 U.S.C. § 355). The following apply:

(1)  A final order may not be issued before the expiration of fourteen days after both:

(i)  The date of publication in the Pennsylvania Bulletin of a proposed notice of the intention to issue a final notice and the grounds upon which the order is to be issued.

(ii)  The date the secretary transmitted the notice to the Attorney General as required by clause (4).

(2)  The scheduling of a substance under this subsection shall expire at the end of one year from the date of publication of the final notice scheduling of the substance except that the secretary may, during the pendency of proceedings under subsection (a) with respect to the substance, extend the temporary scheduling for up to one additional year by publishing a subsequent notice in the Pennsylvania Bulletin prior to the expiration of the initial notice.

(3)  When issuing a proposed notice under clause (1), the secretary shall be required to consider, with respect to the finding of an imminent hazard to public safety, only those factors set forth in subsection (a)(4), (5), (6) and (8), except that, if clause (8) has been met regarding the temporary or permanent scheduling of a specific substance under Federal law, the secretary shall be authorized to temporarily schedule the substance without regard to clauses (4), (5) and (6).

(4)  The secretary shall transmit the proposed notice issued under clause (1) to the Attorney General. The Attorney General shall have thirty days from receipt of the proposed notice to provide written comments, if any, on relevant issues, including actual abuse, diversion from legitimate channels and clandestine importation, manufacture or distribution. In issuing a final notice under this subsection, the secretary shall take into consideration any comments submitted by the Attorney General.

(5)  (i)  Except as provided in subclause (ii), during the time period that a substance is temporarily scheduled, the secretary shall proceed with the permanent scheduling of the substance pursuant to the requirements under subsection (a).

(ii)  If a substance has been temporarily scheduled and the secretary proceeds with permanent scheduling, the secretary shall only be required to proceed under section 5(a) of the act of June 25, 1982 (P.L.633, No.181), known as the “Regulatory Review Act,” by submitting final omitted regulations.

(iii)  A final notice issued under clause (1) with respect to a substance shall be vacated upon the conclusion of a subsequent rulemaking proceeding initiated under subsection (a) with respect to the substance or the enactment of law by the General Assembly permanently scheduling the substance.

(iv)  While the substance is temporarily scheduled, if the secretary determines that a substance should not be permanently scheduled, and no law has been enacted by the General Assembly to permanently schedule the substance, the secretary shall publish a notice in the Pennsylvania Bulletin with a rationale as to why the substance is not being permanently scheduled. Upon publication of the notice, the substance shall no longer be considered a controlled substance. Withdrawal of a temporarily scheduled substance under this subclause shall not affect any criminal proceeding or civil action initiated based on the temporary scheduling.

(6)  Temporary scheduling of a substance by the secretary under this subsection shall not be subject to section 612 of the act of April 9, 1929 (P.L.177, No.175), known as “The Administrative Code of 1929,” the “Commonwealth Documents Law,” the act of October 15, 1980 (P.L.950, No.164), known as the “Commonwealth Attorneys Act,” or the “Regulatory Review Act.”

(7)  A proposed or final notice issued by the secretary under this subsection shall not be subject to judicial review.

((d) added June 8, 2016, P.L.258, No.37)

(e)  At the time of publication by the secretary of a notice in the Pennsylvania Bulletin under subsection (c) or (d), the secretary shall also transmit the notice to the ABC-MAP Board. ((e) added June 8, 2016, P.L.258, No.37)

(f)  As used in this section, the term “substance” shall include any group of substances, materials, mixtures, compounds, salts, isomers, salts of isomers, analogs, homologues or homologous series. ((f) added June 8, 2016, P.L.258, No.37)

Section 4.  Schedules of Controlled Substances.–The following schedules include the controlled substances listed or to be listed by whatever official name, common or usual name, chemical name, or trade name designated.

(1)  Schedule I–In determining that a substance comes within this schedule, the secretary shall find: a high potential for abuse, no currently accepted medical use in the United States, and a lack of accepted safety for use under medical supervision. The following controlled substances are included in this schedule:

(i)  Any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, unless specifically excepted, whenever the existence of such isomers, esters, ethers and salts is possible within the specific chemical designation:

1.  Acetylmethadol.

2.  Allylprodine.

3.  Alphacetylmethadol.

4.  Alphameprodine.

5.  Alphamethadol.

6.  Benzethidine.

7.  Betacetylmethadol.

8.  Betameprodine.

9.  Betamethadol.

10.  Betaprodine.

11.  Clonitazene.

12.  Dextromoramide.

13.  Dextrorphan (except its methylether).

14.  Diampromide.

15.  Diethylthiambutene.

16.  Dimenoxadol.

17.  Dimepheptanol.

18.  Dimethylthiambutene.

19.  Dioxaphetyl butyrate.

20.  Dipipanone.

21.  Ethylmethylthiambutene.

22.  Etonitazene.

23.  Etoxeridine.

24.  Furethidine.

25.  Hydroxypethidine.

26.  Ketobemidone.

27.  Levomoramide.

28.  Levophenacylmorphan.

29.  Morpheridine.

30.  Noracymethadol.

31.  Norlevorphanol.

32.  Normethadone.

33.  Norpipanone.

34.  Phenadoxone.

35.  Phenampromide.

36.  Phenomorphan.

37.  Phenoperidine.

38.  Piritramide.

39.  Proheptazine.

40.  Properidine.

41.  Racemoramide.

42.  Trimeperidine.

(ii)  Any of the following opium derivatives, their salts, isomers and salts of isomers, unless specifically excepted, whenever the existence of such salts, isomers and salts of isomers is possible within the specific chemical designation:

1.  Acetorphine.

2.  Acetyldihydrocodeine.

3.  Benzylmorphine.

4.  Codeine methylbromide.

5.  Codeine-N-Oxide.

6.  Cyprenorphine.

7.  Desomorphine.

8.  Dihydromorphine.

9.  Etorphine.

10.  Heroin.

11.  Hydromorphinol.

12.  Methyldesorphine.

13.  Methylhydromorphine.

14.  Morphine methylbromide.

15.  Morphine methylsulfonate.

16.  Morphine-N-Oxide.

17.  Myrophine.

18.  Nicocodeine.

19.  Nicomorphine.

20.  Normorphine.

21.  Pholcodine.

22.  Thebacon.

23.  Fentanyl derivatives – any compound not listed under a different schedule, not a Federal Food and Drug Administration-approved drug or not used within legitimate and approved medical research, structurally derived from N-(1-(2-phenethyl)-4-piperidinyl-N-phenyl-propanamide. This shall include the following, their salts, isomers and salts of isomers:

(A)  Acetyl fentanyl.

(B)  Butyryl fentanyl.

(C)  para-Fluorofentanyl.

(D)  para-Fluorobutyryl fentanyl.

(E)  Furanyl fentanyl.

(F)  Hydroxythiofentanyl.

(G)  Isobutyrylfentanyl.

(H)  4-methoxy-Butyryl fentanyl.

(I)  3-methyl Fentanyl.

(J)  Ocfentanyl.

(K)  Valeryl fentanyl.

((ii) amended June 8, 2016, P.L.258, No.37)

(iii)  Any material, compound, mixture, or preparation which contains any quantity of the following hallucinogenic substances, their salts, isomers, and salts of isomers, unless specifically excepted, whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:

1.  3,4-methylenedioxy amphetamine.

2.  5-methoxy-3,4-methylenedioxy amphetamine.

3.  3,4,5-trimethoxy amphetamine.

4.  Bufotenine.

5.  Diethyltryptamine.

6.  Dimethyltryptamine.

7.  4-methyl-2,5-dimethoxyamphetamine.

8.  Ibogaine.

9.  Lysergic acid diethylamide.

10.  Mescaline.

11.  Peyote.

12.  N-ethyl-3-piperidyl benzilate.

13.  N-methyl-3-piperidyl benzilate.

14.  Psilocybin.

15.  Psilocyn.

16.  Tetrahydrocannabinols.

17.  Salvia Divinorum.

18.  Salvinorin A.

19.  Divinorin A.

20.  3,4-Methylenedioxymethcathinone (Methylone).

21.  3,4-Methylenedioxypyrovalerone (MDPV).

22.  4-Methylmethcathinone (Mephedrone).

23.  4-Methoxymethcathinone.

24.  4-Fluoromethcathinone.

25.  3-Fluoromethcathinone.

26.  3,4-Methylenedioxymethamphetamine.

27.  Methoxetamine.

((iii) amended June 8, 2016, P.L.258, No.37)

(iii.1)  Substituted cathinones – any compound, except bupropion or compounds listed under a different schedule, or compounds used within legitimate and approved medical research, structurally derived from 2-aminopropan-1-one by substitution at the 1-position with monocyclic or fused polycyclic ring systems, whether or not the compound is further modified in any of the following ways:

1.  By substitution in the ring system to any extent with alkyl, alkylenedioxy, alkoxy, haloalkyl, hydroxyl or halide substituents whether or not further substituted in the ring system by one or more other univalent substituents.

2.  By substitution at the 3-position with an acyclic alkyl substituent.

3.  By substitution at the 2-amino nitrogen atom with alkyl, dialkyl, benzyl or methoxybenzyl groups.

4.  By inclusion of the 2-amino nitrogen atom in a cyclic structure.

((iii.1) amended June 8, 2016, P.L.258, No.37)

(iv)  Marihuana.

(v)  Any material, compound, mixture or preparation which contains any quantity of the following substances, including the salts, isomers and salts of isomers:

1.  Methaqualone.

(vi)  Gamma hydroxybutyric acid, any salt, hydroxybutyric compound, derivative or preparation of gamma hydroxybutyric acid, including any isomers, esters and ethers and salts of isomers, esters and ethers of gamma hydroxybutyric acid, except gamma-butyrolactone (GBL), whenever the existence of such isomers, esters and salts is possible within the specific chemical designation. For purposes of security requirements imposed by law or regulation upon registered distributors and registered manufacturers, this substance when manufactured, distributed or possessed in accordance with an exemption approved under section 505(i) of the Federal Food, Drug, and Cosmetic Act (52 Stat. 1040, 21 U.S.C. § 301 et seq.) shall, notwithstanding any other provision of this act, be classified as a controlled substance in Schedule III of this section.

(vii)  Synthetic cannabinoids, including any material, compound, mixture or preparation that is not listed as a controlled substance in Schedules I, II, III, IV and V, is not a Federal Food and Drug Administration-approved drug or not used within legitimate and approved medical research and which contains any quantity of the following substances, their salts, isomers, whether optical, positional or geometric, analogues, homologues and salts of isomers, analogues and homologues, unless specifically exempted, whenever the existence of these salts, isomers, analogues, homologues and salts of isomers, analogues and homologues if possible within the specific chemical designation:

1.  Tetrahydrocannabinols meaning tetrahydrocannabinols which are naturally contained in a plant of the genus Cannabis as well as synthetic equivalents of the substances contained in the plant or in the resinous extractives of Cannabis or synthetic substances, derivatives and their isomers with analogous chemical structure and or pharmacological activity such as the following:

(A)  Delta-1 cis or trans tetrahydrocannabinol and their optical isomers.

(B)  Delta-6 cis or trans tetrahydrocannabinol and their optical isomers.

(C)  Delta-3,4 cis or their trans tetrahydrocannabinol and their optical isomers.

2.  Indole carboxaldehydes – Any compound structurally derived from 1H-indole-3-carboxaldehyde or 1H-indole-2-carboxaldehyde:

(A)  substituted in both of the following ways:

(I)  At the nitrogen atom of the indole ring.

(II)  At the carbon of the carboxaldehyde by a phenyl, benzyl, naphthyl, adamantyl, cyclopropyl or propionaldehyde group; and

(B)  whether or not the compound is further modified to any extent in any of the following ways:

(I)  Substitution to the indole ring to any extent.

(II)  Substitution to the phenyl, benzyl, naphthyl, adamantyl, cyclopropyl or propionaldehyde group to any extent.

(III)  A nitrogen heterocyclic analog of the indole ring.

(IV)  A nitrogen heterocyclic analog of the phenyl, benzyl, naphthyl, adamantyl or cyclopropyl ring.

This shall include AM 1248, AM 2201, AM 679, AM 694, EAM-2201, FUB-144, JWH 015, JWH 018, JWH 019, JWH 073, JWH 081, JWH 122, JWH 200, JWH 203, JWH 210, JWH 250, JWH 251, JWH 302, JWH 398, MAM-2201, RCS-4, RCS-8, THJ-018, THJ-2201, UR-144, WIN 55-212, WIN 48-098 and XLR-11.

2.1.  Indole carboxamides – Any compound structurally derived from 1H-indole-3-carboxamide or 1H-indole-2-carboxamide:

(A)  substituted in both of the following ways:

(I)  At the nitrogen atom of the indole ring.

(II)  At the nitrogen of the carboxamide by a phenyl, benzyl, naphthyl, adamantyl, cyclopropyl or propionaldehyde group; and

(B)  whether or not the compound is further modified to any extent in any of the following ways:

(I)  Substitution to the indole ring to any extent.

(II)  Substitution to the phenyl, benzyl, naphthyl, adamantyl, cyclopropyl or propionaldehyde group to any extent.

(III)  A nitrogen heterocyclic analog of the indole ring.

(IV)  A nitrogen heterocyclic analog of the phenyl, benzyl, naphthyl, adamantyl or cyclopropyl ring.

This shall include AB-CHMINACA, AB-FUBINACA, AB-PINACA, ADBICA, ADB-PINACA, AKB-48, AMB, NNEI, STS-135 and THJ.

2.2.  Indole carboxylic acids – Any compound structurally derived from 1H-indole-3-carboxylic acid or 1H-indole-2-carboxylic acid:

(A)  substituted in both of the following ways:

(I)  At the nitrogen atom of the indole.

(II)  At the hydroxyl group of the carboxylic acid by a phenyl, benzyl, naphthyl, adamantyl, cyclopropyl or propionaldehyde group; and

(B)  whether or not the compound is further modified to any extent in any of the following ways:

(I)  Substitution to the indole ring to any extent.

(II)  Substitution to the phenyl, benzyl, naphthyl, adamantyl, cyclopropyl or propionaldehyde group to any extent.

(III)  A nitrogen heterocyclic analog of the indole ring.

(IV)  A nitrogen heterocyclic analog of the phenyl, benzyl, naphthyl, adamantyl or cyclopropyl ring.

This shall include BB-22, 3-CAF, FDU-PB-22, FUB-PB-22, NM2201 and PB-22.

3.  Naphthylmethylindoles or any compound containing a 1H-indol-3-yl-(1-naphthyl) methane structure with a substitution at the nitrogen atom of the indole ring whether or not further substituted in the indole ring to any extent and whether or not substituted in the naphthyl ring to any extent. This shall include JWH 175 and JWH 184.

4.  Naphthoylpyrroles or any compound containing a 3-(1-naphthoyl) pyrrole structure with substitution at the nitrogen atom of the pyrrole ring whether or not further substituted in the pyrrole ring to any extent and whether or not substituted in the naphthyl ring to any extent. This shall include JWH 147 and JWH 307.

5.  Naphthylmethylindenes or any compound containing a naphthylideneindene structure with substitution at the 3-position of the indene ring whether or not further substituted in the indene ring to any extent and whether or not substituted in the naphthyl ring to any extent. This shall include JWH 176.

6.  (Deleted by amendment).

7.  Cyclohexylphenols or any compound containing a 2-(3-hydroxycyclohexyl) phenol structure with a substitution at the 5-position of the phenolic ring whether or not substituted in the cyclohexyl ring to any extent. This shall include the following:

(A)  CP 47,497 and its homologues and analogues.

(B)  Cannabicyclohexanol.

(C)  CP 55,940.

8.  (Deleted by amendment).

9.  [2,3-Dihydro-5 methyl-3-(4-morpholinylmethyl)pyrrolo [1,2,3-de]-1, 4-benzoxazin-6-yl]-1-naphthalenymethanone. This shall include WIN 55,212-2.

10.  Dibenzopyrans or any compound containing a 11-hydroxy-delta 8-tetrahydrocannabinol structure with substitution on the 3-pentyl group. This shall include HU-210, HU-211, JWH 051 and JWH 133.

11.  (Deleted by amendment).

12.  (Deleted by amendment).

13.  (Deleted by amendment).

14.  Any other synthetic chemical compound that is a cannabinoid receptor type 1 agonist as demonstrated by binding studies and functional assays that is not listed in Schedules II, III, IV and V, not a Federal Food and Drug Administration-approved drug or not used within legitimate, approved medical research.

((vii) amended June 8, 2016, P.L.258, No.37)

(viii)  Psychedelic phenethylamines, their analogues, congeners, homologues, isomers, salts and the salts of analogues, congeners, homologues and isomers as follows:

1.  2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (2C-E).

2.  2-(2,5-Dimethoxy-4-methylphenyl)ethanamine (2C-D).

3.  2-(4-Chloro-2,5-dimethoxyphenyl)ethanamine (2C-C).

4.  2-(4-Iodo-2,5-dimethoxyphenyl)ethanamine (2C-I).

5.  2-[4-(Ethylthio)-2,5-dimethoxyphenyl]ethanamine (2C-T-2).

6.  2-[4-(Isopropylthio)-2,5-dimethoxyphenyl]ethanamine (2C-T-4).

7.  2-(2,5-Dimethoxyphenyl)ethanamine (2C-H).

8.  2-(2,5-Dimethoxy-4-nitro-phenyl)ethanamine (2C-N).

9.  2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine (2C-P).

10.  2-(4-chloro-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl) ethanamine (25C-NBOMe).

11.  2-(4-iodo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl) ethanamine (25I-NBOMe).

12.  2-(4-bromo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl) ethanamine (25B-NBOMe).

((viii) amended June 8, 2016, P.L.258, No.37)

(2)  Schedule II–In determining that a substance comes within this schedule, the secretary shall find: a high potential for abuse, currently accepted medical use in the United States, or currently accepted medical use with severe restrictions, and abuse may lead to severe psychic or physical dependence. The following controlled substances are included in this schedule:

(i)  Any of the following substances, of any quantity, except those narcotics specifically excepted or listed in other schedules, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by combination of extraction and chemical synthesis:

1.  Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate, including hydrocodone, morphine and oxycodone.

2.  Any salt, compound, derivative, or preparation thereof which is chemically equivalent or identical with any of the substances referred to in subclause 1, except that these substances shall not include the isoquinoline alkaloids of opium.

3.  Opium poppy and poppy straw.

4.  Coca leaves and any salt, compound, derivative, or preparation of coca leaves, and any salt, compound, derivative, or preparation thereof which is chemically equivalent or identical with any of these substances, but shall not include decocainized coca leaves or extracts of coca leaves, which extracts do not contain cocaine or ecgonine.

((i) amended June 8, 2016, P.L.258, No.37)

(ii)  Any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters and ethers, of any quantity, unless specifically excepted or listed in another schedule, whenever the existence of such isomers, esters, ethers and salts is possible within the specific chemical designation:

1.  Alphaprodine.

2.  Anileridine.

3.  Bezitramide.

4.  Dihydrocodeine.

5.  Diphenoxylate.

6.  Fentanyl.

7.  Isomethadone.

8.  Levomethorphan.

9.  Levorphanol.

10.  Metazocine.

11.  Methadone.

12.  Methadone-Intermediate, 4-cyano-2-dimethylamino-4, 4-diphenyl butane.

13.  Moramide-Intermediate, 2-methyl-3-morpholino-1, 1-diphenyl-propane-carboxylic acid.

14.  Pethidine.

15.  Pethidine-Intermediate-A, 4-cyano-1-methyl-4-phenylpiperidine.

16.  Pethidine-Intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate.

17.  Pethidine-Intermediate-C, 1-methyl-4-henylpiperidine-4-carboxylic acid.

18.  Phenazocine.

19.  Piminodine.

20.  Racemethorphan.

21.  Racemorphan.

(iii)  Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation which contains any quantity of the following substances:

1.  Amphetamine, its salts, optical isomers, and salts of its optical isomers.

2.  Phenmetrazine and its salts.

3.  Methylphenidate.

4.  Methamphetamine including its salts, isomers and salts of isomers.

5.  Lisdexamfetamine.

((iii) amended June 8, 2016, P.L.258, No.37)

(iv)  The phrase “opiates” as used in section 4 of this act and elsewhere throughout the act shall not include the dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts, but does include its racemic and levorotatory forms.

(v)  Any material, compound, mixture, or preparation unless specifically excepted which contains any quantity of:

1.  Phencyclidine.

((2) amended Nov. 26, 1978, P.L.1392, No.328)

(3)  Schedule III–In determining that a substance comes within this schedule, the secretary shall find: a potential for abuse less than the substances listed in Schedules I and II; well documented and currently accepted medical use in the United States; and abuse may lead to moderate or low physical dependence or high psychological dependence. The following classes of controlled substances are included in this schedule:

(i)  Any material, compound, mixture, or preparation unless specifically excepted or unless listed in another schedule which contains any quantity of the following substances:

1.  Any substance which contains any quantity of a derivative of barbituric acid, or any salt of a derivative of barbituric acid.

2.  Chorhexadol.

3.  Glutethimide.

4.  Lysergic acid.

5.  Lysergic acid amide.

6.  Methyprylon.

8.  Sulfondiethylmethane.

9.  Sulfonethylmethane.

10.  Sulfonmethane.

11.  Buprenorphine.

((i) amended June 8, 2016, P.L.258, No.37)

(ii)  Nalorphine.

(iii)  Any material, compound, mixture, or preparation containing limited quantities of the following narcotic drugs, or any salts thereof, unless specifically excepted or listed in other schedules:

1.  Not more than 1.8 grams of codeine per 100 milliliters or not more than 90 milligrams per dosage unit, with an equal or greater quantity of an isoquinoline alkaloid of opium.

2.  Not more than 1.8 grams of codeine per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.

3.  (Deleted by amendment).

4.  (Deleted by amendment).

5.  Not more than 1.8 grams of dihydrocodeine per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.

6.  Not more than 300 milligrams of ethylmorphine per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.

7.  Not more than 500 milligrams of opium per 100 milliliters or per 100 grams, or not more than 25 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.

8.  Not more than 50 milligrams of morphine per 100 milliliters or per 100 grams and not more than 2.5 milligrams per dosage unit with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.

((iii) amended June 8, 2016, P.L.258, No.37)

(v)  The secretary may by regulation except any compound, mixture, or preparation containing any drug or controlled substance listed in subclauses (i) and (ii) of this schedule above from the application of those provisions of this act covering controlled substances, if the compound, mixture, or preparation contains one or more active medicinal ingredients not having a stimulant or depressant effect on the central nervous system: Provided, That such admixtures shall be included therein in such combinations, quantity, proportion, or concentration as to vitiate the potential for abuse of the substances which do have a stimulant or depressant effect on the central nervous system.

(vi)  The secretary shall by regulation exempt any nonnarcotic substance from the control under this act if such substance may, under the provisions of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.), be lawfully sold over the counter without a prescription.

(vii)  Anabolic steroid includes any material, compound, mixture or preparation that includes any of the following or any isomer, ester, salt or derivative of any of the following that acts in the same manner on the human body:

1.  Chorionic gonadotropin, except when used for injection or implantation in cattle or any other nonhuman species and when that use is approved by the Federal Food and Drug Administration. ((1) amended Oct. 24, 2018, P.L.662, No.96)

2.  Clostebol.

3.  Dehydrochlormethyltestosterone.

4.  Ethylestrenol.

5.  Fluoxymesterone.

6.  Mesterolone.

7.  Metenolone.

8.  Methandienone.

9.  Methandrostenolone.

10.  Methyltestosterone.

11.  Nandrolone.

12.  (Deleted by amendment).

13.  Norethandrolone.

14.  Oxandrolone.

15.  Oxymesterone.

16.  Oxymetholone.

17.  Stanozolol.

18.  Testosterone.

19.  Testosterone-like related compounds….

Human Growth Hormone (HGH) shall not be included as an anabolic steroid under the provisions of this act. An anabolic steroid which is a combination of estrogen and anabolic steroid and which is expressly intended for administration to hormone-deficient women shall be exempt from the provisions of this act. A person who prescribes, dispenses or distributes an anabolic steroid which is a combination of estrogen and anabolic steroids and which is intended for administration to hormone-deficient women for use by persons who are not hormone-deficient women shall be considered to have prescribed, dispensed or distributed an anabolic steroid within the meaning of this subclause.

((vii) amended June 8, 2016, P.L.258, No.37) Termination supervision win

(viii)  Gamma hydroxybutyric acid, any salt, hydroxybutyric compound, derivative or preparation of gamma hydroxybutyric acid, including any isomers, esters and ethers and salts of isomers, esters and ethers of gamma hydroxybutyric acid, except gamma-butyrolactone (GBL), contained in a drug product for which an application has been approved under section 505 of the Federal Food, Drug, and Cosmetic Act.

(ix)  Ketamine, any salt, ketamine compound, derivative or preparation of ketamine, including any isomers, esters and ethers and salts of isomers, esters and ethers of ketamine. ((ix) amended June 8, 2016, P.L.258, No.37)

((3) amended Nov. 24, 1999, P.L.894, No.55)

(4)  Schedule IV–In determining that a substance comes within this schedule, the secretary shall find: a low potential for abuse relative to substances in Schedule III; currently accepted medical use in the United States; and limited physical and/or psychological dependence liability relative to the substances listed in Schedule III. The following controlled substances are included in this schedule:

(i)  Any material, compound, mixture, or preparation, unless specifically excepted or unless listed in another schedule, which contains any quantity of the following substances:

1.  Barbital.

2.  Chloral betaine.

3.  Chloral hydrate.

4.  Ethchlorvynol.

5.  Ethinamate.

6.  Methohexital.

7.  Meprobamate.

8.  Methylphenobarbital.

9.  Paraldehyde.

10.  Petrichloral.

11.  Phenobarbital.

12.  Zopiclone.

13.  Carisoprodol.

14.  Tramadol.

shall not be filled or refilled more than six months after the date thereof or be refilled more than five times after the date of the prescription unless renewed by the practitioner. All electronic prescription applications shall meet the requirements outlined in 21 CFR § 1311.120. The electronic prescription requirement under this subsection shall not apply if the prescription is issued:

(1)  by a veterinarian;

(2)  under circumstances when an electronic prescription is not available due to a temporary technological or electrical failure;

(3)  by a practitioner and dispensed by a pharmacy located outside this Commonwealth;

(4)  by a practitioner who or health care facility that does not have either of the following:

(i)  Internet access; or

(ii)  an electronic health record system;

(5)  by a practitioner treating a patient in an emergency department or a health care facility under circumstances when the practitioner reasonably determines that electronically prescribing a controlled substance would be impractical for the patient to obtain the controlled substance prescribed by electronic prescription or would cause an untimely delay resulting in an adverse impact on the patient’s medical condition;

(6)  for a patient enrolled in a hospice program or for a patient residing in a nursing home or residential health care facility;

(7)  for controlled substance compounded prescriptions and prescriptions containing certain elements required by the Federal Food and Drug Administration or any other governmental agency that are not able to be accomplished with electronic prescribing;

(8)  for a prescription issued pursuant to an established and valid collaborative practice agreement between a practitioner and a pharmacist, a standing order or a drug research protocol;

(9)  for a prescription issued in an emergency situation pursuant to Federal or State law and regulations of the board;

(10)  under circumstances where the pharmacy that receives the prescription is not set up to process electronic prescriptions; or

(11)  for controlled substances that are not required to be reported to the Prescription Drug Monitoring Program system administered by the department.

((b) amended Oct. 24, 2018, P.L.662, No.96)

(b.1)  (1)  A practitioner, pharmacy or health care facility that does not meet an exception to the electronic prescribing requirements under subsection (a) or (b) and is unable to timely comply with the electronic prescribing requirements may petition the department for an exemption from the requirements based upon economic hardship, technical limitations or exceptional circumstances.

(2)  The department shall adopt rules establishing the form and specific information to be included in a request for an exemption.

(2)  If a pharmacist has a reasonable belief that a patient may be seeking a monitored prescription drug for a purpose other than the treatment of an existing medical condition, the pharmacist shall have the responsibility described in 21 CFR § 1306.04 (relating to purpose of issue of prescription).

(3)  A practitioner shall be subject to the responsibilities described in 21 CFR § 1311.102 (relating to practitioner responsibilities).

((b.3) added Oct. 24, 2018, P.L.662, No.96)

(b.4)  The department shall require the prescription origin to be submitted by dispensers under the authority of the department in compliance with the act of October 27, 2014 (P.L.2911, No.191), known as the “Achieving Better Care by Monitoring All Prescriptions Program (ABC-MAP) Act.” ((b.4) added Oct. 24, 2018, P.L.662, No.96)

(b.5)  A practitioner who violates subsection (a) or (b) is subject to an administrative penalty of one hundred dollars ($100) for the first through tenth violations and two hundred and fifty dollars ($250) for each subsequent violation after the tenth violation, up to a maximum of five thousand dollars ($5,000) per calendar year. Violations shall reset and shall not carry over to subsequent calendar years. The assessment of an administrative penalty pursuant to this subsection by the department to a practitioner alleged to have violated subsection (a) or (b) shall not be reported by the department to the practitioner’s appropriate licensing board and shall not be considered a disciplinary action or need to be reported by the practitioner as a violation to the practitioner’s appropriate licensing board. A practitioner may appeal the assessment of an administrative penalty pursuant to 2 Pa.C.S. (relating to administrative law and procedure). ((b.5) added Oct. 24, 2018, P.L.662, No.96)

(b.6)  The department, within one hundred eighty days of the effective date of this subsection, shall promulgate regulations necessary to implement the requirements of this act. ((b.6) added Oct. 24, 2018, P.L.662, No.96)

(c)  No controlled substance in Schedule V may be distributed or dispensed for other than a medicinal purpose.

(d)  A practitioner may prescribe, administer, or dispense a controlled substance or other drug or device only (i) in good faith in the course of his professional practice, (ii) within the scope of the patient relationship, and (iii) in accordance with treatment principles accepted by a responsible segment of the medical profession. A practitioner may cause a controlled substance, other drug or device or drug to be administered by a professional assistant under his direction and supervision.

(d.1)  A practitioner shall not prescribe, administer or dispense any anabolic steroid for the purpose of enhancing a person’s performance in an exercise, sport or game. A practitioner may not prescribe, administer or dispense any anabolic steroid for the purpose of hormonal manipulation intended to increase muscle mass, strength or weight except when medically necessary. ((d.1) added Dec. 22, 1989 P.L.750, No.104)

(e)  A veterinarian may prescribe, administer, or dispense a controlled substance, other drug or device only (i) in good faith in the course of his professional practice, and (ii) not for use by a human being. He may cause a controlled substance, other drug or device to be administered by a professional assistant under his direction and supervision.

(f)  Any drug or device dispensed by a pharmacist pursuant to a prescription order shall bear a label showing (i) the name and address of the pharmacy and any registration number obtained pursuant to any applicable Federal laws, (ii) the name of the patient, or, if the patient is an animal, the name of the owner of the animal and the species of the animal, (iii) the name of the practitioner by whom the prescription order was written, and (iv) the serial number and date of filing of the prescription order. In addition, the following statement shall be required on the label of a controlled substance: “Transfer of this drug to anyone other than the patient for whom it was prescribed is illegal.” ((f) amended July 2, 1993, P.L.377, No.53)

Section 12.  Records of Distribution of Controlled Substances.–(a)  Every person who sells or otherwise distributes controlled substances, shall keep records of all purchases or other receipt and sales or other distribution of such substances for two years from the date of purchase or sale. Such records shall include the name and address of the person from whom purchased or otherwise received or to whom sold or otherwise distributed, the date of purchase or receipt or sale or distribution, and the quantity involved: Provided, however, That this subsection shall not apply to a practitioner who dispenses controlled substances to his patients, unless the practitioner is regularly engaged in charging his patients, whether separately or together with charges for other professional services, for substances so dispensed.

(b)  Every practitioner licensed by law to administer, dispense or distribute controlled substances shall keep a record of all such substances administered, dispensed or distributed by him, showing the amount administered, dispensed or distributed, the date, the name and address of the patient, and in the case of a veterinarian, the name and address of the owners of the animal to whom such substances are dispensed or distributed. Such record shall be kept for two years from the date of administering, dispensing or distributing such substance and shall be open for inspection by the proper authorities.

(c)  Persons registered or licensed to manufacture or distribute or dispense a controlled substance, other drug or device under this act shall keep records and maintain inventories in conformity with the record-keeping, order form and inventory requirements of Federal law and with any additional regulations the secretary issues. Controlled substances in Schedules I and II shall be distributed by a registrant to another registrant only pursuant to an order form.

Section 13.  Prohibited Acts; Penalties.–(a)  The following acts and the causing thereof within the Commonwealth are hereby prohibited:

(1)  The manufacture, sale or delivery, holding, offering for sale, or possession of any controlled substance, other drug, device or cosmetic that is adulterated or misbranded.

(2)  The adulteration or misbranding of any controlled substance, other drug, device or cosmetic.

(3)  The dissemination or publication of any false or materially misleading advertisement.

(4)  The removal or disposal of a detained or embargoed substance or article, whether or not such substance or article is in fact adulterated or misbranded.

(5)  The adulteration, mutilation, destruction, obliteration or removal of the whole or any part of the labeling of, or the doing of any other act with respect to a controlled substance, other drug, device or cosmetic, if such act is done while such substance or article is held for sale and results in such substance or article being adulterated or misbranded.

(6)  Forging, counterfeiting, simulating or falsely representing, or without proper authority using any mark, stamp, tag, label or other identification symbol authorized or required by regulation promulgated under the provisions of this act.

(7)  Placing or causing to be placed upon any controlled substance, other drug, device or cosmetic, or upon the container of any controlled substance, other drug, device or cosmetic, with intent to defraud, the trademark, trade name or other identifying mark, imprint or symbol of another, or any likeness of any of the foregoing.

(8)  Selling, dispensing, disposing of or causing to be sold, dispensed or disposed of, or keeping in possession, control or custody, or concealing any controlled substance, other drug, device or cosmetic or any container of any drug, device or cosmetic with knowledge that the trademark, trade name or other identifying mark, imprint or symbol of another, or any likeness of any of the foregoing, has been placed thereon in a manner prohibited by clause (7) hereof.

(9)  Making, selling, disposing of or causing to be made, sold, or disposed of, or keeping in possession, control or custody, or concealing with intent to defraud, any punch, die, plate, stone or other thing designed to print, imprint or reproduce the trademark, trade name or other identifying mark, imprint or symbol of another or any likeness of any of the foregoing upon any controlled substance, other drug, device or cosmetic or container thereof.

(10)  The sale at retail of a nonproprietary drug except by a registered pharmacist in a licensed pharmacy or by a practitioner.

(11)  The operation of a drug manufacturing, distributing or retailing establishment, except by registered pharmacists in a licensed pharmacy, without conforming with such standards respecting sanitation, materials, equipment and supplies as the secretary, after consultation with the board, may establish by regulation for the protection of the public health and safety.

(12)  The acquisition or obtaining of possession of a controlled substance by misrepresentation, fraud, forgery, deception or subterfuge.

(13)  The sale, dispensing, distribution, prescription or gift by any practitioner otherwise authorized by law so to do of any controlled substance to any person known to such practitioner to be or whom such practitioner has reason to know is a drug dependent person, unless said drug is prescribed, administered, dispensed or given, for the cure or treatment of some malady other than drug dependency, except that the council, in accordance with Federal narcotic and food and drug laws, shall allocate the responsibility for approving and designating certain clinics, and shall provide or allocate the responsibility for providing regulations for such clinics at which controlled substances, including but not limited to methadone, may be prescribed, administered or dispensed for the treatment of drug dependency. This clause shall not prohibit any practitioner from prescribing, distributing or dispensing any controlled substance for a period of time not to exceed fourteen days pending confirmed admission of the patient to a hospital or rehabilitation center.

(14)  The administration, dispensing, delivery, gift or prescription of any controlled substance 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.

(15)  The sale at retail or dispensing of any controlled substance listed in Schedules II, III and IV to any person, except to one authorized by law to sell, dispense, prescribe or possess such substances, unless upon the written or oral prescription of a person licensed by law to prescribe such drug and unless compounded or dispensed by a registered pharmacist or pharmacy intern under the immediate personal supervision of a registered pharmacist, or the refilling of a written or oral prescription order for a drug, unless such refilling is authorized by the prescriber either in the original written prescription order or by written confirmation of the original oral prescription order. The provisions of this subsection shall not apply to a practitioner licensed to prescribe or dispense such drugs, who keeps a record of the amount of such drugs purchased and a dispensing record showing the date, name, and quantity of the drug dispensed and the name and address of the patient, as required by this act.

(16)  Knowingly or intentionally possessing a controlled or counterfeit substance 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.

(17)  The wilful dispensing of a controlled substance by a practitioner otherwise authorized by law so to do without affixing to the container in which the drug is sold or dispensed a label bearing the name and address of the practitioner, the date dispensed, the name of the patient and the directions for the use of the drug by the patient.

(18)  The selling by a pharmacy or distributor of any controlled substance or other drug unless the container bears a label, securely attached thereto, stating the specific name of the drug and the proportion or amount thereof unless otherwise specifically directed in writing by the practitioner.

(19)  The intentional purchase or knowing receipt in commerce by any person of any controlled substance, other drug or device from any person not authorized by law to sell, distribute, dispense or otherwise deal in such controlled substance, other drug or device.

(20)  The using by any person to his own advantage, or revealing other than to the secretary or officers or employes of the department or to the council or to the board or to courts or a hearing examiner when relevant to proceedings under this act any information acquired under authority of this act concerning any method or process which as a trade secret is entitled to protection. Such information obtained under the authority of this act shall not be admitted in evidence in any proceeding before any court of the Commonwealth except in proceedings under this act.

(21)  The refusal or failure to make, keep or furnish any record, notification, order form, statement, invoice or information required under this act.

(22)  The refusal of entry into any premises for any inspection authorized by this act.

(23)  The unauthorized removing, breaking, injuring, or defacing a seal placed upon embargoed substances or the removal or disposal of substances so placed under seal.

(24)  The failure by a manufacturer or distributor to register or obtain a license as required by this act.

(25)  The manufacture of a controlled substance by a registrant who knows or who has reason to know, the manufacturing is not authorized by his registration, or who knowingly distributes a controlled substance not authorized by his registration to another registrant or other authorized person.

(26)  The knowing distribution by a registrant of a controlled substance classified in Schedules I or II, except pursuant to an order form as required by this act.

(27)  The use in the course of the manufacture or distribution of a controlled substance of a registration number which is fictitious, revoked, suspended, or issued to another person.

(28)  The furnishing of false or fraudulent material information in, or omission of any material information from any application, report, or other document required to be kept or filed under this act, or any record required to be kept by this act.

(29)  The intentional making, distributing, or possessing of any punch, die, plate, stone, or other thing designed to print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or symbol of another or any likeness of any of the foregoing upon any drug or container or labeling thereof so as to render the drug a counterfeit substance.

(30)  Except as authorized by this act, the manufacture, delivery, or possession with intent to manufacture or deliver, a controlled substance 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.

(31)  Notwithstanding other subsections of this section, (i) the possession of a small amount of marihuana only for personal use; (ii) the possession of a small amount of marihuana with the intent to distribute it but not to sell it; or (iii) the distribution of a small amount of marihuana but not for sale.

For purposes of this subsection, thirty (30) grams of marihuana or eight (8) grams of hashish shall be considered a small amount of marihuana.

(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 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 substance in violation of this act.

(34)  The placing in any newspaper, magazine, handbill or other publication or by written or electronic means, including electronic mail, Internet, facsimile and similar transmission, any advertisement, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part is to promote the sale of objects designed or intended for use as drug paraphernalia. ((34) amended Nov. 24, 1999, P.L.894, No.55)

(35)  (i)  Except as otherwise provided by law, manufacturing, processing, packaging, distributing, possessing with intent to distribute or selling a noncontrolled substance that has a stimulant or depressant effect on humans, other than a prescription drug, which, or the label or container of which, substantially resembles a specific controlled substance. In determining whether there has been a violation of this subclause, the following factors shall be considered:

(A)  Whether the noncontrolled substance in its overall finished dosage appearance is substantially similar in size, shape, color and markings or lack thereof to a specific controlled substance.

(B)  Whether the noncontrolled substance in its finished dosage form is packaged in a container which, or the labeling of which, bears markings or printed material substantially similar to that accompanying or containing a specific controlled substance

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(ii)  Except as otherwise provided by law, no person shall knowingly distribute or sell a noncontrolled substance upon the express or implied representation that the substance is a controlled substance. In determining whether there has been a violation of this subclause, the following factors shall be considered:

(A)  Whether the noncontrolled substance in its overall finished dosage appearance is substantially similar in size, shape, color and markings or lack thereof to a specific controlled substance.

(B)  Whether the noncontrolled substance in its finished dosage form is packaged in a container which, or the labeling of which, bears markings or printed material substantially similar to that accompanying or containing a specific controlled substance.

(C)  Whether the noncontrolled substance is packaged in a manner ordinarily used for the illegal delivery of a controlled substance.

(D)  Whether the consideration tendered in exchange for the noncontrolled substance substantially exceeds the reasonable value of the substance, considering the actual chemical composition of the substance and, where applicable, the price at which over-the-counter substances of like chemical composition sell.

(E)  Whether the consideration tendered in exchange for the noncontrolled substance approximates or exceeds the price at which the substance would sell upon illegal delivery were it actually the specific controlled substance it physically resembles.

(iii)  Except as otherwise provided by law, no person shall knowingly distribute or sell a noncontrolled substance upon the express representation that the recipient, in turn, will be able to distribute or sell the substance as a controlled substance.

(iv)  In any criminal prosecution brought under this clause, it shall not be a defense that the defendant believed the noncontrolled substance actually to be a controlled substance.

(v)  The provisions of this clause shall not be applicable to:

(A)  Law enforcement officers acting in the course and legitimate scope of their employment.

(B)  Persons who manufacture, process, package, distribute or sell noncontrolled substances to licensed medical practitioners for use as placebos in the course of professional practice or research or for use in FDA approved investigational new drug trials.

(C)  Licensed medical practitioners, pharmacists and other persons authorized to dispense or administer controlled substances and acting in the legitimate performance of their professional license pursuant to subclause (v)(B).

(D)  A noncontrolled substance that was initially introduced into commerce prior to the initial introduction into commerce of the controlled substance which it is alleged to imitate.

(36)  The knowing or intentional manufacture, distribution, possession with intent to distribute, or possession of a designer drug. Nothing in this section shall be construed to apply to a person who manufactures or distributes a substance in conformance with the provisions of an approved new drug application or an exemption for investigational use within the meaning of section 505 of the Federal Food, Drug and Cosmetic Act (21 U.S.C. § 355). For purposes of this section, no new drug shall be introduced or delivered for introduction except upon approval of an application pursuant to section 505 of the Federal Food, Drug and Cosmetic Act. ((36) amended Feb. 11, 2000, P.L.9, No.3)

(37)  The possession by any person, other than a registrant, of more than thirty doses labeled as a dispensed prescription or more than three trade packages of any anabolic steroids listed in section 4(3)(vii). ((37) added Dec. 22, 1989, P.L.750, No.104)

(38)  The unlawful manufacture of methamphetamine or phencyclidine or their salts, isomers and salts of isomers, whenever the existence of such salts, isomers or salts of isomers is possible within the specific chemical designation:

(i)  in a structure where any child under 18 years of age is present; or

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(ii)  where the manufacturing of methamphetamine or phencyclidine causes any child under 18 years of age to suffer bodily injury.

((38) added Nov. 19, 2004, P.L.846, No.108)

(39)  The knowing possession of ephedrine, pseudoephedrine or phenylpropanolamine, or any of their salts, optical isomers or salts of optical isomers with the intent to manufacture methamphetamine. ((39) added Feb. 17, 2010, P.L.137, No.8, and amended April 29, 2010, P.L.182, No.21)

(40)  (Reserved). ((40) amended July 9, 2013, P.L.359, No.53)

(b)  Any person who violates any of the provisions of clauses (1) through (11), (13) and (15) through (20) or (37) of subsection (a) shall be guilty of a misdemeanor, and except for clauses (4), (6), (7), (8), (9) and (19) shall, on conviction thereof, be sentenced to imprisonment not exceeding one year or to pay a fine not exceeding five thousand dollars ($5,000), or both, and for clauses (4), (6), (7), (8), (9) and (19) shall, on conviction thereof, be sentenced to imprisonment not exceeding three years or to pay a fine not exceeding five thousand dollars ($5,000), or both; but, if the violation is committed after a prior conviction of such person for a violation of this act under this section has become final, such person shall be sentenced to imprisonment not exceeding three years or to pay a fine not exceeding twenty-five thousand dollars ($25,000), or both. ((b) amended Dec. 22, 1989, P.L.750, No.104)

(c)  Any person who violates the provisions of clauses (21), (22), (24) and (39) of subsection (a) shall be guilty of a misdemeanor, and shall, on conviction thereof, be punished only as follows:

(1)  Upon conviction of the first such offense, he shall be sentenced to imprisonment not exceeding six months, or to pay a fine not exceeding ten thousand dollars ($10,000), or both.

(2)  Upon conviction of the second and subsequent offense, he shall be sentenced to imprisonment not exceeding two years, or to pay a fine not exceeding twenty-five thousand dollars ($25,000), or both.

((c) amended July 9, 2013, P.L.359, No.53)

(d)  Any person who knowingly or intentionally violates clause (23) of subsection (a) is guilty of a misdemeanor and upon conviction thereof shall be sentenced to imprisonment not exceeding three years, or to pay a fine not exceeding fifteen thousand dollars ($15,000), or both.

(e)  Any person who violates clauses (25) through (29) of subsection (a) is guilty of a misdemeanor and upon conviction shall be sentenced to imprisonment not exceeding three years, or to pay a fine not exceeding twenty-five thousand dollars ($25,000), or both.

(f)  Any person who violates clause (12), (14) or (30) of subsection (a) with respect to:

(1)  A controlled substance or counterfeit substance classified in Schedule I or II which is a narcotic drug, is guilty of a felony and upon conviction thereof shall be sentenced to imprisonment not exceeding fifteen years, or to pay a fine not exceeding two hundred fifty thousand dollars ($250,000), or both or such larger amount as is sufficient to exhaust the assets utilized in and the profits obtained from the illegal activity.

(1.1)  Phencyclidine; methamphetamine, including its salts, isomers and salts of isomers; coca leaves and any salt, compound, derivative or preparation of coca leaves; any salt, compound, derivative or preparation of the preceding which is chemically equivalent or identical with any of these substances, except decocanized coca leaves or extracts of coca leaves, which extracts do not contain cocaine or ecgonine; and marihuana in a quantity in excess of one thousand (1,000) pounds, is guilty of a felony and upon conviction thereof shall be sentenced to imprisonment not exceeding ten years, or to pay a fine not exceeding one hundred thousand dollars ($100,000), or both, or such larger amount as is sufficient to exhaust the assets utilized in and the profits obtained from the illegal manufacture or distribution of these substances.

(2)  Any other controlled substance or counterfeit substance classified in Schedule I, II, or III, 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.

(3)  A controlled substance or counterfeit substance classified in Schedule IV, is guilty of a felony and upon conviction thereof shall be sentenced to imprisonment not exceeding three years, or to pay a fine not exceeding ten thousand dollars ($10,000), or both.

(4)  A controlled substance or counterfeit substance classified in Schedule V, is guilty of a misdemeanor and upon conviction thereof shall be sentenced to imprisonment not exceeding one year, or to pay a fine not exceeding five thousand dollars ($5,000), or both.

(g)  Any person who violates clause (31) of subsection (a) is guilty of a misdemeanor and upon conviction thereof shall be sentenced to imprisonment not exceeding thirty days, or to pay a fine not exceeding five hundred dollars ($500), or both.

(h)  Any penalty imposed for violation of this act shall be in addition to, and not in lieu of, any civil or administrative penalty or sanction authorized by law.

(i)  Any person who violates clauses (32), (33) and (34) of subsection (a) is guilty of a misdemeanor and upon conviction thereof shall be sentenced to pay a fine not exceeding two thousand five hundred dollars ($2,500) or to imprisonment not exceeding one (1) year, or both. Any person who violates clause (33) by delivering drug paraphernalia to a person under eighteen (18) years of age who is three (3) or more years his junior shall be guilty of a misdemeanor of the second degree and upon conviction thereof shall be sentenced to pay a fine not exceeding five thousand dollars ($5,000) or to imprisonment not exceeding two (2) years, or both.

(j)  Any person who violates any provisions of subclause (i) or (ii) or (iii) of clause (35) of subsection (a) 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 ten thousand dollars ($10,000), or both.

(k)  Any person convicted of manufacture of amphetamine, its salts, optical isomers and salts of its optical isomers; methamphetamine, its salts, isomers and salts of isomers; or phenylacetone and phenyl-2-proponone shall be sentenced to at least two years of total confinement without probation, parole or work release, notwithstanding any other provision of this act or other statute to the contrary. ((k) amended July 3, 1985, P.L.138, No.39)

(l)  Any person who violates clause (36) is guilty of a felony and upon conviction thereof shall be sentenced to imprisonment not exceeding fifteen years or to pay a fine not exceeding two hundred fifty thousand dollars ($250,000), or both. ((l) added Dec. 11, 1986, P.L.1488, No.154)

(m)  ((m) repealed June 28, 1993, P.L.137, No.33, July 2, 1993, P.L.408, No.58 and Feb. 10, 1994, P.L.20, No.3)

(n)  Any person who violates subsection (a)(12), (14), (16), (30) or (34) with respect to gamma hydroxybutyric acid, any salt, compound derivative or preparation of gamma hydroxybutyric acid, including any isomers, esters and ethers and salts of isomers, or esters and ethers of gamma hydroxybutyric acid, except gamma-butyrolactone (GBL), whenever the existence of such isomers, esters, ethers or salts is possible within the specific chemical designation, is guilty of a felony and upon conviction thereof shall be sentenced to imprisonment not exceeding fifteen years, or to pay a fine not exceeding two hundred fifty thousand dollars ($250,000), or both, or such larger amount as is sufficient to exhaust the assets utilized in and the profits obtained from the illegal activity. ((n) added Nov. 24, 1999, P.L.894, No.55)

(o)  Any person who violates subsection (a)(12), (14) or (30) with respect to 3,4-methylenedioxyamphetamine (MDA); 3,4-methylenedioxymethamphetamine (MDMA); 5-methoxy-3,4-methylenedioxyamphetamine (MMDA); 3,4-methylenedioxy-N-ethylamphetamine; N-hydroxy-3,4-methylenedioxyamphetamine; or their salts, isomers and salts of isomers, whenever the existence of such salts, isomers and salts of isomers is possible within the specific chemical designation, is guilty of a felony and upon conviction thereof shall be sentenced to imprisonment not exceeding fifteen years or to pay a fine not exceeding two hundred fifty thousand dollars ($250,000), or both, or such larger amount as is sufficient to exhaust the assets utilized in and the profits obtained from the illegal activity. ((o) added June 10, 2003, P.L.9, No.3)

(p)  (1)  Any person who violates subsection (a)(38)(i) is guilty of a felony of the third degree and upon conviction thereof shall be sentenced to not more than seven years in prison and a fine of not more than twenty-five thousand dollars ($25,000), or such larger amount as is sufficient to exhaust the assets utilized in and the profits obtained from the illegal activity.

(2)  Any person who violates subsection (a)(38)(ii) is guilty of a felony of the second degree and upon conviction thereof shall be sentenced to not more than ten years in prison and a fine of not more than fifty thousand dollars ($50,000), or such larger amount as is sufficient to exhaust the assets utilized in and the profits obtained from the illegal activity.

((p) added Nov. 19, 2004, P.L.846, No.108)

(13 amended Dec. 14, 1984, P.L.988, No.200)

Section 13.1.  Liquefied Ammonia Gas; Precursors and Chemicals.–(a)  The following acts are prohibited:

(1)  Possessing or transporting liquefied ammonia gas:

(i)  for any purpose other than legitimate agricultural or industrial use; or

(ii)  in a container not approved by the Department of Agriculture or the Department of Transportation or both.

(2)  Possessing or transporting liquefied ammonia gas with intent to unlawfully manufacture a controlled substance.

(3)  Possessing phenylpropanolamine, phenyl acetone, methylamine, ammonium sulfate, ammonium nitrate, phenyl acetic acid or a precursor substance with intent to unlawfully manufacture a controlled substance.

(4)  Possessing the esters, salts, optical isomers or salts of optical isomers of any of the substances under clause (3) with intent to manufacture a controlled substance.

(b)  A person who violates subsection (a)(1) commits a misdemeanor and upon conviction shall be sentenced to imprisonment not exceeding five years and to pay a fine not exceeding ten thousand dollars ($10,000).

(c)  A person who violates subsection (a)(2), (3) or (4) commits a felony and upon conviction shall be sentenced to imprisonment not exceeding seven years and to pay a fine not exceeding fifteen thousand dollars ($15,000).

(d)  As used in this section, the term “precursor substance” means:

(1)  red phosphorous, hypophosphoric acid, ammonium sulfate, phosphorous, iodine, hydriodic acid or ephedrine, pseudoephedrine, phenylpropanolamine or any of their salts or optical isomers;

(2)  salts of optical isomers or lithium, sodium, potassium, sassafras oil or safrole oil or other oil containing safrole or equivalent, whether in powder or liquid form; and

(3)  any chemical in a regulation promulgated by the secretary under section 35(b).

(13.1 amended June 8, 2016, P.L.258, No.37)

Section 13.2.  Clandestine Drug Laboratory Data Repository.–The Pennsylvania State Police shall maintain a Statewide repository of data relating to clandestine drug laboratories, clandestine drug laboratory dump sites and the seizure of chemicals, glassware and other laboratory implements associated with manufacturing controlled substances and develop and implement a program to enable collection of data and reporting thereof by law enforcement agencies of this Commonwealth. Data acquired by law enforcement agencies shall be sent to the repository within twenty days of acquisition.

(13.2 added July 15, 2004, P.L.729, No.84)

Section 13.3.  Methamphetamine Production.–(a)  Proof that a person had in his possession more than 40 grams or 15 packages of any drug containing ephedrine, pseudoephedrine or phenylpropanolamine, or any of their salts, optical isomers or salts of optical isomers as an active ingredient shall give rise to a rebuttable presumption that the person acted with intent to manufacture methamphetamine.

(b)  Proof that a person had in his possession any amount of ephedrine, pseudoephedrine or phenylpropanolamine, or any of their salts, optical isomers or salts of optical isomers and at the same time possessed any amount of any other precursor or reagent substance under section 13.1 shall give rise to a rebuttable presumption that the person acted with intent to manufacture methamphetamine.

(c)  The provisions of this section shall not apply to a licensed pharmaceutical manufacturer, wholesaler, or the sales representative of a licensed manufacturer or wholesaler, or to a licensed pharmacist or licensed health care professional, or to any other person engaged by a licensed manufacturer, wholesaler, pharmacist or health care provider, who lawfully markets, transports, delivers or dispenses a product containing ephedrine, pseudoephedrine or phenylpropanolamine, or any of their salts, optical isomers or salts of optical isomers.

(13.3 added Feb. 17, 2010, P.L.137, No.8, and amended April 29, 2010, P.L.182, No.21)

Section 13.4.  Operating a Methamphetamine Laboratory and Illegal Dumping of Methamphetamine Waste.–(a)  (1)  A person commits the offense of operating a methamphetamine laboratory if the person knowingly causes a chemical reaction involving ephedrine, pseudoephedrine or phenylpropanolamine, or any other precursor or reagent substance under section 13.1, for the purpose of manufacturing methamphetamine or preparing a precursor or reagent substance for the manufacture of methamphetamine.

(2)  Except as provided in clause (3), an offense under this subsection constitutes a felony of the second degree and is also subject to 18 Pa.C.S. § 1110 (relating to restitution for cleanup of clandestine laboratories).

(3)  A person who violates this subsection commits a felony of the first degree if the chemical reaction occurs within 1,000 feet of the real property on which is located a public, private or parochial school, a college or university or a nursery school or daycare center or within 250 feet of the real property on which is located a recreation center or playground. The person shall also be subject to 18 Pa.C.S. § 1110.

(4)  This subsection does not apply to the manufacturing operation of a licensed pharmaceutical company in the normal course of business.

(b)  (1)  A person commits a felony of the third degree if he intentionally, knowingly or recklessly deposits, stores or disposes on any property a precursor or reagent substance, chemical waste or debris, used in or resulting from the manufacture of methamphetamine or the preparation of a precursor or reagent substance for the manufacture of methamphetamine.

(2)   Clause (1) does not apply to the disposal of waste products:

(i)  by a licensed pharmaceutical company in the normal course of business; or

(ii)  pursuant to Federal or State laws regulating the cleanup or disposal of waste products from unlawful manufacturing of methamphetamine.

(c)  In addition to restitution under 18 Pa.C.S. § 1110, a person who is convicted of an offense under this section shall be ordered to reimburse the appropriate law enforcement agency, emergency medical services organization, fire company or other organization for the costs of cleaning up the environmental hazards associated with the operation of the laboratory or the possession or use of a precursor or reagent substance to manufacture methamphetamine.

(13.4 added Feb. 17, 2010, P.L.137, No.8, and amended April 29, 2010, P.L.182, No.21)

Section 13.5.  Environmental Costs.–In addition to restitution under 18 Pa.C.S. § 1110 (relating to restitution for cleanup of clandestine laboratories), a person who is convicted of an offense involving the operation of a methamphetamine laboratory or the possession or use of a precursor or reagent substance to manufacture methamphetamine shall be ordered to reimburse the appropriate law enforcement agency, emergency medical services organization, fire company or other organization for the costs of cleaning up the environmental hazards associated with the operation of the laboratory or the  possession or use of a precursor or reagent substance to manufacture methamphetamine.

(13.5 added Feb. 17, 2010, P.L.137, No.8, and amended April 29, 2010, P.L.182, No.21)

Section 13.6.  Ephedrine and Pseudoephedrine; Electronic Tracking.–(a)  Retailers shall be prohibited from making sales to an individual of, and an individual shall be prohibited from purchasing, ephedrine or pseudoephedrine base, or their salts, isomers or salts of isomers in excess of the following amounts:

(1)  3.6 grams of ephedrine or pseudoephedrine base contained in a product or combination of products per day.

(2)  9 grams of ephedrine or pseudoephedrine base contained in a product or combination of products per thirty-day period.

(b)  Nonprescription products containing ephedrine or pseudoephedrine shall be maintained behind the counter or in a locked case where the customer does not have direct access.

Supervision termination win