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PA Bulletin, Doc. No. 24-728

NOTICES

DEPARTMENT OF HEALTH

Extension of Temporary Scheduling of Substance; Nitazene Class of Compounds: Isotonitazene, Protonitazene, Flunitazene, Metodesnitazene, Metonitazene, Etonitazene, Butonitazene and Etodesnitazene as Schedule I Controlled Substances

[54 Pa.B. 2904]
[Saturday, May 25, 2024]

 The Acting Secretary of Health (Secretary) of the Department of Health (Department) is extending the temporary scheduling of any material, compound, mixture or preparation which contains any quantity of the following Nitazene substances, their salts, isomers and salts of isomers: Isotonitazene, Protonitazene, Flunitazene, Metodesnitazene, Metonitazene, Etonitazene, Butonitazene and Etodesnitazene (Nitazene class of compounds), for an additional year. On June 3, 2023, the Secretary issued a final order temporarily scheduling the Nitazene class of compounds that were not at the time listed in any schedule of The Controlled Substance, Drug, Device and Cosmetic Act (act) (35 P.S. §§ 780-101—780-144). This extension of the temporary scheduling will maintain the Nitazene class of compounds in schedule I under the act while the Secretary goes forward with permanently scheduling the Nitazene class of compounds as schedule I substances.

Background

 The United States Drug Enforcement Administration (DEA) January 2024 State and Territory Report on Enduring and Emerging Threats shows Nitazenes as an emerging synthetic opioid group that can be more potent than fentanyl and poses an additional opioid threat to the United States.1 The report also shows that Nitazenes are increasingly being identified in laboratory submissions in combination with fentanyl, heroin and cocaine, three of the top five substances of abuse in the North Atlantic Region, which encompasses this Commonwealth. Nitazenes have a high potential for abuse and pose a substantial risk to the residents of this Commonwealth. This prompted the Secretary to schedule the Nitazene class of compounds as schedule I controlled substances on a temporary basis.

Legal Authority and Action

 Under section 3 of the act (35 P.S. § 780-103), the Secretary shall control all substances listed in schedules I—V of the act. Under section 3(d) of the act, the Secretary is authorized to schedule any substance on a temporary basis to avoid an imminent hazard to public safety. Under section 3(d)(2) of the act, the temporary scheduling of a substance shall expire at the end of 1 year from the date of publication of the final notice scheduling of the substance, except that the Secretary may, during the pendency of proceedings under subsection (a), extend the temporary scheduling for up to 1 additional year by publishing a subsequent notice in the Pennsylvania Bulletin prior to the expiration of the initial notice.

 Because the Nitazene class of compounds was temporarily scheduled as schedule I substances by the publication of the final notice scheduling the Nitazene class of compounds on June 3, 2023, and the Secretary is currently going forward with permanently scheduling those substances, the Secretary has the authority to extend the temporary schedule of the Nitazene class of compounds under the act.

Accessibility

 For additional information, or persons with a disability who require an alternative format of this notice (for example, large print, audiotape, Braille) should contact the Department of Health, Melissa Myers, Policy Office, 625 Forster Street, 8th Floor, Health and Welfare Building, Harrisburg, PA 17120, (717) 547-3104, or for speech and/or hearing impaired persons, call the Pennsylvania Hamilton Relay Service at (800) 654-5984 (TDD users) or (800) 654-5988 (voice users).

DR. DEBRA L. BOGEN, 
Acting Secretary

[Pa.B. Doc. No. 24-728. Filed for public inspection May 24, 2024, 9:00 a.m.]

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1  https://www.dea.gov/sites/default/files/2024-01/Street%20Report%20-%20Jan%202024%20-%20FINAL.pdf.


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