Pennsylvania HB 1439: An Act amending the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, further providing for authority to control.

Bill Text

PRINTER'S NO. 1678
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1439
Session of
2025
INTRODUCED BY O'MARA, C. WILLIAMS, MADDEN, RABB, KHAN, SANCHEZ,
STEELE, BURGOS, HOHENSTEIN, HILL-EVANS, CERRATO, RIVERA,
GILLEN, BOROWSKI, GIRAL, STENDER, TAKAC AND JAMES,
MAY 12, 2025
REFERRED TO COMMITTEE ON HEALTH, MAY 12, 2025
AN ACT
Amending the act of April 14, 1972 (P.L.233, No.64), entitled
"An act relating to the manufacture, sale and possession of
controlled substances, other drugs, devices and cosmetics;
conferring powers on the courts and the secretary and
Department of Health, and a newly created Pennsylvania Drug,
Device and Cosmetic Board; establishing schedules of
controlled substances; providing penalties; requiring
registration of persons engaged in the drug trade and for the
revocation or suspension of certain licenses and
registrations; and repealing an act," further providing for
authority to control.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3 of the act of April 14, 1972 (P.L.233,
No.64), known as The Controlled Substance, Drug, Device and
Cosmetic Act, is amended by adding a subsection to read:
Section 3. Authority to Control.--* * *
(b.1) Notwithstanding subsection (a) or (c)(1), immediately
upon approval by the United States Food and Drug Administration,
the pharmaceutical composition of crystalline polymorph
psilocybin shall be scheduled in a manner to coincide with
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Federal law, including 21 U.S.C. Ch. 13 Subch. I (relating to
control and enforcement), regulations promulgated under 21 CFR
Ch. II (relating to drug enforcement administration, Department
of Justice) or any Federal judicial order. Within five business
days following rescheduling by the United States Drug
Enforcement Administration of the pharmaceutical composition of
crystalline polymorph psilocybin, the secretary shall transmit
notice of the rescheduling to the Legislative Reference Bureau
for publication in the next available issue of the Pennsylvania
Bulletin. The rescheduling shall take effect thirty days after
the publication in the Pennsylvania Bulletin.
* * *
Section 2. This act shall take effect immediately.
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