SB 899 — 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 schedules of controlled substances.

PRIOR PRINTER'S NO.

1029 PRINTER'STHE NO.GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of No.

1319899 THE2025 GENERALINTRODUCED ASSEMBLYBY OFPENNYCUICK, PENNSYLVANIAKANE, SENATEDUSH, BILLFONTANA, SessionBROWN, ofHAYWOOD, No.STEFANO AND J.

899WARD, JUNE 30, 2025 INTRODUCEDREFERRED BYTO PENNYCUICK,HEALTH KANE,AND DUSH,HUMAN FONTANA,SERVICES, BROWN,JUNE HAYWOOD,30, STEFANO,2025 J.AN ACT Ame"An act relating to the manufacture, sale and possession of controlled substances, other drugs, devices and cosmetics;

WARD,conferring FLYNN,powers LAUGHLINon ANDthe MILLER,courts JUNEand 30,the 2025secretary SENATORand BROOKS,Department HEALTH AND HUMAN SERVICES, AS AMENDED, NOVEMBER 18, 2025 AN ACT Amending the act of AprilHealth, 14, 1972 (P.L.233, No.64), entitled "An act relating to the manufacture, sale and possessiona ofnewly controlledcreated substances,Pennsylvania otherDrug, drugs,Device devices and cosmetics;Cosmetic Board;

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 and registrations;prohibited acts and penalties.n act," further providing for The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

and repealing an act," further providing for prohibited acts and penalties SCHEDULES OF CONTROLLED <-- SUBSTANCES.

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

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:

(F) The kratom product does not include adequate labeling directions necessary for the safe and effective use by a consumer of the kratom product, including a recommended serving 20250SB0899PN1319 - 2 - size.

20250SB0899PN1029 - 2 - (ii) A retailer shall not be subject to criminal liability under this clause if, by a preponderance of the evidence, the retailer acted in good faith reliance upon a processor that the kratom product was not in violation of this clause.

* * * (q) (1) Any person who knowingly or intentionally violates subsection (a)(41) and is a processor is guilty of a misdemeanor 20250SB0899PN1319 - 3 - of the first degree.

20250SB0899PN1029 - 3 - (2) Any person who knowingly or intentionally violates subsection (a)(41) and is not a processor is guilty of a misdemeanor of the second degree.

SECTIONSection 1.2.

SECTION 4(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 BY ADDING A SUBCLAUSE TO READ:

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:

* * * (IX) ANY MATERIAL, COMPOUND, MIXTURE OR PREPARATION THAT CONTAINS 7-HYDROXYMITRAGYNINE IN A CONCENTRATION EQUAL TO OR EXCEEDING 2% OF THE TOTAL ALKALOID CONTENT OR 1 MILLIGRAM PER RECOMMENDED SERVING SIZE, OR ANY SYNTHETIC, SEMI-SYNTHETIC OR CHEMICALLY MANIPULATED FORM OF MITRAGYNINE, 7- HYDROXYMITRAGYNINE, MITRAGYNINE PSEUDOINDOXYL OR ANY OTHER SYNTHETIC, SEMI-SYNTHETIC OR CHEMICALLY MANIPULATED ALKALOID, METABOLITE, DERIVATIVE OR ANALOGUE OF THE MITRAGYNA SPECIOSA PLANT.

* * * Section 2.

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