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.

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
 1   Amending the act of April 14, 1972 (P.L.233, No.64), entitled
 2      "An act relating to the manufacture, sale and possession of
 3      controlled substances, other drugs, devices and cosmetics;
 4      conferring powers on the courts and the secretary and
 5      Department of Health, and a newly created Pennsylvania Drug,
 6      Device and Cosmetic Board; establishing schedules of
 7      controlled substances; providing penalties; requiring
 8      registration of persons engaged in the drug trade and for the
 9      revocation or suspension of certain licenses and
10      registrations; and repealing an act," further providing for
11      authority to control.
12      The General Assembly of the Commonwealth of Pennsylvania
13   hereby enacts as follows:
14      Section 1.    Section 3 of the act of April 14, 1972 (P.L.233,
15   No.64), known as The Controlled Substance, Drug, Device and
16   Cosmetic Act, is amended by adding a subsection to read:
17      Section 3.    Authority to Control.--* * *
18      (b.1)   Notwithstanding subsection (a) or (c)(1), immediately
19   upon approval by the United States Food and Drug Administration,
20   the pharmaceutical composition of crystalline polymorph
21   psilocybin shall be scheduled in a manner to coincide with
 1   Federal law, including 21 U.S.C. Ch. 13 Subch. I (relating to
 2   control and enforcement), regulations promulgated under 21 CFR
 3   Ch. II (relating to drug enforcement administration, Department
 4   of Justice) or any Federal judicial order. Within five business
 5   days following rescheduling by the United States Drug
 6   Enforcement Administration of the pharmaceutical composition of
 7   crystalline polymorph psilocybin, the secretary shall transmit
 8   notice of the rescheduling to the Legislative Reference Bureau
 9   for publication in the next available issue of the Pennsylvania
10   Bulletin. The rescheduling shall take effect thirty days after
11   the publication in the Pennsylvania Bulletin.
12      * * *
13      Section 2.   This act shall take effect immediately.




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