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. 1398
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1149
Session of
2026
INTRODUCED BY PENNYCUICK, BARTOLOTTA, ROBINSON, VOGEL, KEARNEY,
J. WARD, STEFANO, PICOZZI, BROWN, CULVER AND SAVAL,
JANUARY 23, 2026
REFERRED TO JUDICIARY, JANUARY 23, 2026
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 synthetic psilocybin shall be
scheduled in a manner to coincide with Federal law, including 21
U.S.C. Ch. 13 Subch. I (relating to control and enforcement),
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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 synthetic
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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