Is MGM-16 Legal in Pennsylvania? (2026)

Instrument

Controlled Substance, Drug, Device and Cosmetic Act: definitions and designer drug offense

Source

https://www.legis.state.pa.us/WU01/LI/LI/US/HTM/1972/0/0064..HTM

Retrieved

2026-10-29

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“Controlled substance” means a drug, substance, or immediate precursor included in
            Schedules I through V of this act.

"Cosmetic" means: (i) substances intended to be rubbed, poured, sprinkled or sprayed
            on, introduced into or otherwise applied to the human body or other animal body or
            any part thereof for cleansing, beautifying, promoting attractiveness or altering
            the appearance, and (ii) substances intended for use as a component of any such substances,
            except that such term shall not include soap.

"Council" means the Governor’s Council on Drug and Alcohol Abuse.

“Counterfeit” means a controlled substance, other drug, device or cosmetic which,
            or the container or labeling of which, without authorization, bears the trademark,
            trade name, or other identifying mark, imprint, number, or device, or any likeness
            thereof, of a manufacturer, distributor, or dispenser other than the person or persons
            who in fact manufactured, distributed, or dispensed such substance and which thereby
            is falsely purported or represented to be the product of, or to have been distributed
            by, such other manufacturer, distributor, or dispenser.

"Court" means all courts of the Commonwealth of Pennsylvania, including magistrates
            and justices of the peace.

"Deliver" or “delivery” means the actual, constructive, or attempted transfer from
            one person to another of a controlled substance, other drug, device or cosmetic whether
            or not there is an agency relationship.

"Department" means the Department of Health of the Commonwealth of Pennsylvania.

"Designer drug" means a substance other than a controlled substance that is intended
            for human consumption and that either has a chemical structure substantially similar
            to that of a controlled substance in Schedules I, II or III of this act or that produces
            an effect substantially similar to that of a controlled substance in Schedules I,
            II or III. Examples of chemical classes in which designer drugs are found include,
            but are not limited to, the following: Phenethylamines, N-substituted piperidines,
            morphinans, ecgonines, quinazolinones, substituted indoles and arylcycloalkylamines.
            (Def. amended Feb. 11, 2000, P.L.9, No.3)

(36)  The knowing or intentional manufacture, distribution, possession with intent to distribute,
            or possession of a designer drug. Nothing in this section shall be construed to apply
            to a person who manufactures or distributes a substance in conformance with the provisions
            of an approved new drug application or an exemption for investigational use within
            the meaning of section 505 of the Federal Food, Drug and Cosmetic Act (21 U.S.C. §
            355). For purposes of this section, no new drug shall be introduced or delivered for
            introduction except upon approval of an application pursuant to section 505 of the
            Federal Food, Drug and Cosmetic Act. ((36) amended Feb. 11, 2000, P.L.9, No.3)

Instrument

Definitions (controlled substance; designer drug); prohibited acts (designer drug offense)

Source

https://www.legis.state.pa.us/WU01/LI/LI/US/HTM/1972/0/0064..HTM

Retrieved

2026-11-08

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“Controlled substance” means a drug, substance, or immediate precursor included in Schedules I through V of this act.

"Designer drug" means a substance other than a controlled substance that is intended for human consumption and that either has a chemical structure substantially similar to that of a controlled substance in Schedules I, II or III of this act or that produces an effect substantially similar to that of a controlled substance in Schedules I, II or III. Examples of chemical classes in which designer drugs are found include, but are not limited to, the following: Phenethylamines, N-substituted piperidines, morphinans, ecgonines, quinazolinones, substituted indoles and arylcycloalkylamines. (Def. amended Feb. 11, 2000, P.L.9, No.3)

Section 13.  Prohibited Acts; Penalties.--(a)  The following acts and the causing thereof within the Commonwealth are hereby prohibited:

(36)  The knowing or intentional manufacture, distribution, possession with intent to distribute, or possession of a designer drug. Nothing in this section shall be construed to apply to a person who manufactures or distributes a substance in conformance with the provisions of an approved new drug application or an exemption for investigational use within the meaning of section 505 of the Federal Food, Drug and Cosmetic Act (21 U.S.C. § 355). For purposes of this section, no new drug shall be introduced or delivered for introduction except upon approval of an application pursuant to section 505 of the Federal Food, Drug and Cosmetic Act. ((36) amended Feb. 11, 2000, P.L.9, No.3)