HB 377 — 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.

PRINTER'S NO.    333

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 377
                                               Session of
                                                 2025

     INTRODUCED BY KUZMA, VENKAT, COOPER, SCIALABBA, JAMES, SCHEUREN,
        ZIMMERMAN, MARCELL, M. BROWN, KUTZ, HOGAN, MIHALEK, KAIL AND
        TOMLINSON, JANUARY 28, 2025

     REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 28, 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      prohibited acts and penalties.
12      The General Assembly of the Commonwealth of Pennsylvania
13   hereby enacts as follows:
14      Section 1.    Section 13(a) of the act of April 14, 1972
15   (P.L.233, No.64), known as The Controlled Substance, Drug,
16   Device and Cosmetic Act, is amended by adding a clause and the
17   section is amended by adding a subsection to read:
18      Section 13.    Prohibited Acts; Penalties.--(a)     The following
19   acts and the causing thereof within the Commonwealth are hereby
20   prohibited:
21      * * *
22      (41)    The manufacture, delivery or possession with intent to
 1   manufacture or deliver tianeptine or any salt, compound,
 2   derivative or preparation of tianeptine by a person not
 3   registered under this act or by a practitioner not registered or
 4   licensed by the appropriate State board.
 5      * * *
 6      (f.1)   Any person who knowingly or intentionally violates
 7   clause (41) of subsection (a) is guilty of a felony and upon
 8   conviction thereof shall be sentenced to imprisonment not
 9   exceeding five years, or to pay a fine not exceeding fifteen
10   thousand dollars ($15,000), or both.
11      * * *
12      Section 2.   This act shall take effect immediately.




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