HB 977 — 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 prohibited acts and penalties.

PRIOR PRINTER'S NO.

998 THEPRINTER'S GENERALNO. ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.

9773708 2023THE INTRODUCEDGENERAL BYASSEMBLY KUZMA,OF GERGELY,PENNSYLVANIA GREGORY,HOUSE JAMES,BILL JOZWIAK,Session MARCELL, SCIALABBA, STEELE, VENKAT, SCHEUREN, COOPER AND FLICK,MEL, APRIL 24, 2023 REFERRED TO COMMITTEE ON JUDICIARY, APRIL 24, 2023 AN ACT Amending the act of AprilNo. 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;

conferring977 powers2023 onINTMIHALEK, theMOUL, courtsNEILSON, andE. the secretary and Department of Health, and a newly created Pennsylvania Drug, Device and Cosmetic Board;

NELSON, O'NEAL, ROZZI, SCHEMEL,L, SCIALABBA, STEELE, VENKAT, SCHEUREN, COOPER, FLICK AND ZIMMERMAN, APRIL 24, 2023 AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF REPRESENTATIVES, AS AMENDED, OCTOBER 2, 2024 AN ACT Amending the act of April 14, 1972 (P.L.233, No.64), entitled <-- controlled substances, other drugs, devices and cosmetics;f conferring powers on the courts and the secretary and Department of Health, and a newly created Pennsylvania Drug, Device and Cosmetic Board;

requiring registration of persons engaged in the drug trade and for the revocation or suspension of certain licenses ande and for the registrations;

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 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 PROHIBITED ACTS AND PENALTIES.

Section 13(f)(1.1) of the act of April 14, 1972 <-- (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, is amended to read:

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SECTION 13(A) 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 CLAUSE AND THE SECTION IS AMENDED BY ADDING A SUBSECTION TO READ:

SECTION 13.

PROHIBITED ACTS;

PENALTIES.--(A) THE FOLLOWING ACTS AND THE CAUSING THEREOF WITHIN THE COMMONWEALTH ARE HEREBY PROHIBITED:

* * * 20230HB0977PN3708 - 2 - (41) THE MANUFACTURE, DELIVERY OR POSSESSION WITH INTENT TO MANUFACTURE OR DELIVER TIANEPTINE OR ANY SALT, COMPOUND, DERIVATIVE OR PREPARATION OF TIANEPTINE BY A PERSON NOT REGISTERED UNDER THIS ACT OR BY A PRACTITIONER NOT REGISTERED OR LICENSED BY THE APPROPRIATE STATE BOARD.

* * * (F.1) ANY PERSON WHO KNOWINGLY OR INTENTIONALLY VIOLATES CLAUSE (41) 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 FIFTEEN THOUSAND DOLLARS ($15,000), OR BOTH.

* * * SECTION 2.

THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

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