AN ACT

 

1Providing for the medical use of cannabis in the Commonwealth of
2Pennsylvania.

3The General Assembly of the Commonwealth of Pennsylvania
4hereby enacts as follows:

5Section 1. Short title.

6This act shall be known and may be cited as the Governor
7Raymond Shafer Compassionate Use of Medical Cannabis Act.

8Section 2. Definitions.

9The following words and phrases when used in this act shall
10have the meanings given to them in this section unless the
11context clearly indicates otherwise:

12"Board." The Medical Cannabis Board.

13"Bona fide medical professional-patient relationship." A
14physician, registered nurse practitioner, dentist or
15psychiatrist who has completed a full assessment of the
16patient's medical history and current medical condition,
17including a personal examination.

18"Bureau." The Bureau of Medical Cannabis Control

1Enforcement.

2"Cannabidiol" or "CBD." A main cannabinoid present in the
3naturally growing populations and in the industrially cultivated
4varieties of Cannabis sativa L which is not psychoactive and has
5several pharmacological properties, including acting as a
6powerful anti-inflammatory, neuroprotective and antioxidant
7compound.

8"Cannabis concentrate." Extracted oil from the usable
9cannabis flower.

10"Cannabis flower." Dried leaves, flowers and seeds of
11cannabis and any portion or preparation of cannabis.

12"Caregiver." A person who is:

13(1) At least 18 years of age.

14(2) Has agreed to assist with a patient's medical use of
15cannabis.

16(3) Has been designated as caregiver on the patient's
17application or renewal for a medical cannabis identification
18card or in other written notification to the board.

19(4) Only has one patient at a time, unless the caregiver
20has more than one dependent under the caregiver's care or the
21caregiver is a recognized hospice practitioner.

22(5) Is not the patient's physician.

23"Commercial medical cannabis farm." A nonprofit location or
24facility that produces and supplies medical cannabis to
25compassionate care centers and commercial medical cannabis
26manufacturers.

27"Commercial medical cannabis manufacturer." A nonprofit
28facility that does all of the following:

29(1) Turns usable cannabis flowers into usable cannabis
30concentrate.

1(2) Distributes its products to compassionate care
2centers.

3"Compassionate care center." A nonprofit facility where
4cannabis in any form, including dried cannabis flowers, cannabis
5concentrate and cannabis-infused products, may be stored and
6dispensed, under the supervision of a registered nurse, for
7medical use to registered patients or caregivers.

8"Controlled Substance, Drug, Device and Cosmetic Act." The
9act of April 14, 1972 (P.L.233, No.64), known as The Controlled
10Substance, Drug, Device and Cosmetic Act.

11"Debilitating medical condition." Any of the following:

12(1) Cancer or the treatment of cancer.

13(2) Glaucoma or the treatment of glaucoma.

14(3) Post-traumatic stress disorder or the treatment of
15post-traumatic stress disorder.

16(4) Positive status for human immunodeficiency virus,
17acquired immune deficiency syndrome or the treatment of
18either human immunodeficiency virus or acquired immune
19deficiency syndrome.

20(5) A chronic or attenuating disease or medical
21condition or its treatment that produces one or more of the
22following:

23(i) Cachexia or wasting syndrome.

24(ii) Severe or chronic pain.

25(iii) Severe nausea.

26(iv) Seizures, including seizures characteristic of
27epilepsy.

28(v) Severe and persistent muscle spasms, including
29spasms characteristic of multiple sclerosis or Crohn's
30disease.

1(vi) Intractable pain.

2(6) Any other medical condition or its treatment that is
3recognized by licensed medical authorities attending to a
4patient as being treatable with cannabis in a manner that is
5superior to treatment without cannabis.

6"Dentist." An individual licensed to practice dentistry
7under the act of May 1, 1933 (P.L.216, No.76), known as The
8Dental Law, who can prescribe medicine to a dental patient.

9"Medical cannabis identification card." A document issued by
10the board that identifies a person as a patient or caregiver.
11The term includes a medical cannabis identification card or its
12equivalent issued by another state to permit the medical use of
13cannabis by a patient or to permit a person to assist with a
14patient's medical use of cannabis.

15"Medical professional." A physician, registered nurse
16practitioner, dentist, physician assistant, nurse midwife,
17psychiatrist or other professional who is licensed under the
18laws of this Commonwealth and is permitted to prescribe Schedule
19III medication under the Controlled Substance, Drug Device and
20Cosmetic Act.

21"Medical use." The acquisition, possession, cultivation,
22manufacture, use, delivery, transfer or transportation of
23cannabis or paraphernalia relating to a patient's consumption or
24production of cannabis to alleviate the symptoms or effects of
25the patient's debilitating medical condition.

26"Nurse midwife." An individual licensed to practice as a
27nurse midwife under the act of December 20, 1985 (P.L.457,
28No.112), known as the Medical Practice Act of 1985.

29"Organic chemist." A college or university graduate who has
30achieved a bachelor's degree or higher in the study of organic

1chemistry or chemical engineering.

2"Patient." A person who has been diagnosed by a physician as
3having a debilitating medical condition.

4"Physician." A person licensed to practice medicine and
5surgery under the act of December 20, 1985 (P.L.457, No.112),
6known as the Medical Practice Act of 1985. The term includes a
7person licensed to practice osteopathic medicine and surgery
8under the act of October 5, 1978 (P.L.1109, No.261), known as
9the Osteopathic Medical Practice Act.

10"Physician assistant." A person licensed as a physician
11assistant under the act of October 5, 1978 (P.L.1109, No.261),
12known as the Osteopathic Medical Practice Act, or under the act
13of December 20, 1985 (P.L.457, No.112), known as the Medical
14Practice Act of 1985.

15"Psychiatrist." A person licensed to practice psychiatry
16under the act of March 23, 1972 (P.L.136, No.52), known as the
17Professional Psychologists Practice Act.

18"Registered nurse." A person licensed to practice
19professional nursing under the act of May 22, 1951 (P.L.317,
20No.69), known as The Professional Nursing Law.

21"Registered nurse practitioner." A person certified to be a
22nurse practitioner under the act of May 22, 1951 (P.L.317,
23No.69), known as The Professional Nursing Law.

24"Tetrahydrocannabinol." A compound that is an active
25component in cannabis.

26"Written certification." A patient's medical records, or a
27statement signed by a medical professional licensed in
28accordance with the laws of this Commonwealth with whom the
29patient has a bona fide medical professional-patient
30relationship, stating that in a medical professional's opinion,

1after having completed a full assessment of the patient's
2medical history and current medical condition, the patient has a
3debilitating medical condition for which the potential benefits
4of the medical use of cannabis would most likely be superior to
5treatment without the medical use of cannabis.

6Section 3. Board and bureau.

7(a) Establishment.--

8(1) The Pennsylvania Medical Cannabis Board is created
9as an independent administrative board.

10(2) The Bureau of Medical Cannabis Control Enforcement
11is created within the Pennsylvania State Police and shall be
12responsible for enforcing this act and regulations
13promulgated under this act.

14(b) Advisory council.--The board shall consult with an
15advisory council as necessary, and the council shall perform an
16oversight role for the board by performing tasks that include
17reviewing written certifications. The advisory council shall
18consist of the following members:

19(1) The Secretary of Health of the Commonwealth.

20(2) The Secretary of Agriculture of the Commonwealth.

21(3) The Secretary of Drug and Alcohol Programs of the
22Commonwealth.

23(4) The head of the bureau.

24(5) The chairman of the board.

25(6) The solicitor for the board.

26(7) A member of the Pennsylvania Medical Association.

27(8) A member of the Pennsylvania State Nurses
28Association.

29(9) A member of the Pennsylvania Dental Association.

30(10) A member of the Pennsylvania Pharmaceutical

1Association.

2(11) A member of the Pennsylvania Psychiatric Society.

3(c) Bureau of Consumer Relations.--The board shall establish
4the Bureau of Consumer Relations which shall be responsible for
5handling all consumer complaints and suggestions. The Bureau of
6Consumer Relations shall develop a systemwide program for
7investigating all complaints and suggestions and implementing
8improvements. The management of the Bureau of Consumer Relations
9shall be vested in a director who shall be assisted by other
10personnel as the board deems necessary.

11(d) Administrative code.--Except as otherwise provided by
12law, the board, bureau and other divisions created under this
13act shall be subject to the act of April 9, 1929 (P.L.177,
14No.175), known as The Administrative Code of 1929, which apply
15generally to independent administrative boards and commissions.

16(1) The board, the members, the bureau and all employees
17of the board and bureau shall be subject to the act of July
1819, 1957 (P.L.1017, No.451), known as the State Adverse
19Interest Act and the act of October 4, 1978 (P.L.883,
20No.170), referred to as the Public Official and Employee
21Ethics Law.

22(2) Membership on the board and employment or continued
23employment as an employee of the board, the bureau or another
24division shall be conditioned upon compliance with the
25provisions of the acts in paragraph (1). Acceptance or
26retention of employment shall be deemed as voluntary consent
27to submit to the financial reporting requirements of the
28Public Official and Employee Ethics Law as a condition of
29employment. Failure to timely comply with the requirements
30shall result in immediate termination of employment. The

1board and the bureau shall be subject to 65 Pa.C.S. Ch. 11
2(relating to ethics standards and financial disclosure).

3Section 4. Members of the board.

4(a) Appointment, terms and salaries.--

5(1) The board shall consist of three members appointed
6by the Governor by and with the advice and consent of two-
7thirds of all the members of the Senate. Not more than two of
8the members shall be from the same political party as the
9Governor.

10(2) Of the members first appointed after the effective
11date of this section, one member shall serve a term of three
12years, one member shall serve a term of four years and one
13member shall serve a term of five years. Subsequent terms
14shall be for four years, ending on the third Tuesday in May.

15(3) A member may continue to hold office beyond the
16expiration of that member's term if a successor to that
17member has not been duly appointed and qualified according to
18law.

19(4) Each member shall receive an annual salary as
20provided under the act of September 30, 1983 (P.L.160,
21No.39), known as the Public Official Compensation Law.

22(b) Qualifications.--

23(1) Each member of the board at the time of appointment
24and qualification must:

25(i) Be a citizen of the United States for at least
26the previous three years.

27(ii) Be a resident of the Commonwealth of
28Pennsylvania for at least the previous three years.

29(iii) Have been a qualified elector in this
30Commonwealth for a period of at least one year preceding

1the appointment.

2(iv) Be not less than 21 years of age.

3(2) No member of the board during the member's period of
4service with the board shall hold another office under the
5laws of this Commonwealth or of the United States.

6(3) A board member must devote full time to the member's
7official duties. A board member may not hold an office or
8position if the duties of the office or position are
9incompatible with the member's board duties.

10(c) Chair of board.--

11(1) The Governor shall designate one of the board
12members as chair, and the chair shall serve at the pleasure
13of the Governor. When present, the chair shall preside at all
14meetings. In the chair's absence, a member designated by the
15chair shall preside.

16(2) Two members of the board shall constitute a quorum,
17and an action or order of the board shall require the
18approval of at least two members.

19(d) Secretary of board.--The board may appoint a secretary
20to hold office at the board's pleasure. If appointed, the
21secretary shall have powers and shall perform duties not
22contrary to law as the board shall prescribe. The secretary
23shall receive compensation as the board determines with the
24approval of the Governor. The secretary shall have power and
25authority to designate one of the clerks appointed by the board
26to perform the duties of the secretary during the secretary's
27absence. The appointed clerk shall exercise the powers of the
28secretary of the board for the time designated.

29Section 5. Powers and duties.

30(a) General powers.--Notwithstanding subsection (b), the

1board shall have the following powers and duties:

2(1) To establish, oversee and provide structure and
3guidance to the medical cannabis industry within this
4Commonwealth.

5(2) To ensure safe and regular distribution of medical
6cannabis.

7(3) To establish an application process for commercial
8medical cannabis farms, commercial medical cannabis
9manufacturers, compassionate care centers, medical cannabis
10identification cards and transportation licenses.

11(4) To issue, transfer or extend licenses for commercial
12medical cannabis farms, commercial medical cannabis
13manufacturers, transportation and compassionate care centers.

14(5) To issue medical cannabis identification cards.

15(6) To issue transportation licenses for the
16transportation of medical cannabis.

17(7) To inspect and investigate all commercial medical
18cannabis farms, commercial medical cannabis manufacturers and
19compassionate care centers licensed by the board.

20(8) To determine the number of commercial medical
21cannabis farms, commercial medical cannabis manufacturers and
22compassionate care centers within a municipality.

23(9) To determine licensing districts, periods and
24hearings.

25(10) To grant, issue, suspend and revoke all licenses
26the board is authorized to issue under this act.

27(11) To issue penalties and fines.

28(12) Through the Department of General Services as
29agent, to lease and furnish and equip buildings, rooms and
30other accommodations as required for the operation of this

1act.

2(13) To appoint, fix the compensation of and define the
3powers and duties of managers, officers, inspectors,
4examiners, clerks and other employees as required for the
5operation of this act, subject to act of April 9, 1929
6(P.L.177, No.175), known as The Administrative Code of 1929
7and the act of August 5, 1941 (P.L.752, No.286), known as the
8Civil Service Act.

9(14) To determine the nature, form and capacity of all
10packages and original containers to be used for containing
11medical cannabis.

12(15) To perform acts necessary or advisable for the
13purpose of carrying out the provisions of this act and the
14regulations promulgated under this act.

15(16) To promulgate regulations not inconsistent with
16this act for the efficient administration of this act.

17(17) By regulation, to provide for the use of a
18computerized referral system to assist patients and
19caregivers in locating special items at compassionate care
20centers.

21(18) To issue grants to various entities for medical
22cannabis study, research and clinical testing.

23(b) Specific subjects.--Except as otherwise provided under
24this act, the board may make regulations regarding:

25(1) Cultivation of medical cannabis within this
26Commonwealth.

27(2) Manufacturing of medical cannabis within this
28Commonwealth.

29(3) Sale of medical cannabis within this Commonwealth.

30(4) Distribution of medical cannabis within this

1Commonwealth.

2(5) Qualifications for licenses, fees and duration.

3(6) Number and kinds of licenses allowed for each
4licensee.

5(7) Registration of brands.

6(8) Price changes for medicinal cannabis.

7(9) Transportation of medical cannabis within this
8Commonwealth.

9(10) The identification of classes, varieties and brands
10of medical cannabis deemed acceptable by the board.

11(11) The labeling of medical cannabis.

12(12) Purchasing and importing hemp products related to
13medical cannabis.

14(13) Another process, procedure or aspect related to
15medical cannabis or the medical cannabis industry as may be
16necessary to carry out the provisions of this act.

17(14) Limitations in the public interest on a
18debilitating medical condition or treatment not specifically
19included in this act which may be recognized by licensed
20medical authorities as being treatable with cannabis in a
21manner that is superior to treatment without cannabis.

22(15) The reasonable and related impact an applicant's
23criminal background will have on the approval or denial of a
24license issued under this act.

25(c) Restrictions.--

26(1) A member or employee of the board, immediate family
27member of a member or employee of the board, employee of the
28Commonwealth or employee of the bureau may not solicit or
29receive, directly or indirectly, a commission, remuneration
30or gift for personal use from a person having sold, selling

1or offering medical cannabis for sale.

2(2) A person who obtains financial gain as a result of
3violating a provision of this subsection, in addition to any
4other penalty provided by law, shall pay to the board a civil
5penalty equal to three times the financial gain resulting
6from the violation.

7(3) A person who violates this subsection shall be
8barred for a period of five years from engaging in business
9or contracting with the board.

10(d) Investigative unit.--

11(1) The board shall establish an investigative unit that
12shall be responsible for implementing and monitoring
13compliance with the provisions of and regulations made under
14this act relating to medical cannabis and the medical
15cannabis industry.

16(2) The duties of the investigative unit shall include:

17(i) Handling notifications concerning price
18introductions and changes.

19(ii) Receiving and making recommendations to the
20board concerning applications to rescind price discounts.

21(iii) Providing assistance to the board concerning
22reports and investigations the board deems necessary or
23is required to provide.

24(iv) Handling applications for brand registration.

25(v) Handling copies of franchise or territorial
26agreements submitted by importing distributors.

27(3) Management of the investigation unit shall be vested
28in a director who shall be assisted by other personnel as
29determined by the board. The director shall report to the
30board secretary.

1(4) The investigation unit shall not have any power to
2arrest individuals. The investigatory powers of the unit
3shall be limited to compliance with this act.

4(e) Legal opinions.--Upon written request by a licensee, the
5board or the board's counsel shall issue a legal opinion
6regarding subject matter relating to this act or a regulation
7promulgated under this act. The legal opinion shall be binding
8on the bureau.

9(f) Reports.--The board and bureau must report twice a year
10to the President pro tempore of the Senate and the Speaker of
11the House of Representatives. The report shall provide
12information that includes the following:

13(1) The number of people within this Commonwealth who
14are registered to legally consume medical cannabis.

15(2) The amount of cannabis cultivated, manufactured and
16sold within this Commonwealth.

17(3) The number of licenses sold to individuals within
18this Commonwealth.

19Section 6. Enforcement.

20(a) Bureau.--Officers and investigators assigned to the
21bureau shall have the following powers and duties:

22(1) To initiate an investigation if reasonable grounds
23exist to believe medical cannabis is being sold on unlicensed
24premises. If the investigation produces evidence of the
25unlawful sale of medical cannabis or another violation of
26this act, the officer involved in the investigation shall
27institute criminal proceedings against the person believed to
28have been criminally liable.

29(2) For uniformed law enforcement officers to arrest on
30view, except in private homes, or with a warrant a person

1engaged in any of the following activities contrary to this
2act or another law of this Commonwealth:

3(i) Unlawful sale of medical cannabis.

4(ii) Unlawful importation of medical cannabis.

5(iii) Unlawful manufacture of medical cannabis.

6(iv) Unlawful transportation of medical cannabis.

7(v) Unlawful possession of medical cannabis.

8(vi) Unlawful growing of medical cannabis.

9(3) For uniformed law enforcement officers to arrest on
10view, except in private homes, or with a warrant a person
11whom the officer or investigator, while in the performance of
12assigned duties under this act and regulations promulgated
13under this act, observes to be in violation of any of the
14following:

15(i) 18 Pa.C.S. § 3302 (relating to causing or
16risking catastrophe).

17(ii) 18 Pa.C.S. § 3304 (relating to criminal
18mischief).

19(iii) 18 Pa.C.S. § 4101 (relating to forgery).

20(iv) 18 Pa.C.S. § 5503 (relating to disorderly
21conduct).

22(v) 18 Pa.C.S. § 6310.3 (relating to carrying a
23false identification card).

24(4) To search, seize and dispose of seized property in
25accordance with the following:

26(i) Upon reasonable and probable cause with a
27warrant, except in private homes, to search and seize the
28following:

29(A) Medical cannabis unlawfully possessed,
30manufactured, sold, imported or transported.

1(B) Equipment, materials, utensils, vehicles,
2boats, vessels or aircraft which are or have been
3used in the unlawful manufacture, sale, importation
4or transportation of medical cannabis.

5(ii) Medical cannabis equipment, materials,
6utensils, vehicles, boats, vessels or aircraft that have
7been seized shall be disposed of as provided in this act
8and in regulations promulgated under this act.

9(5) To investigate and issue citations for the
10following:

11(i) A violation of this act.

12(ii) A violation of a regulation of the board.

13(iii) A violation of another law of this
14Commonwealth.

15(6) For uniformed law enforcement officers to arrest a
16person who engages in the following offenses when the
17offenses are committed against the investigator or a person
18accompanying and assisting the investigator while the
19investigator is performing assigned duties under this act and
20the regulations promulgated under this act:

21(i) 18 Pa.C.S. § 2701 (relating to simple assault).

22(ii) 18 Pa.C.S. § 2702 (relating to aggravated
23assault).

24(iii) 18 Pa.C.S. § 2705 (relating to recklessly
25endangering another person).

26(iv) 18 Pa.C.S. § 2706 (relating to terroristic
27threats).

28(v) 18 Pa.C.S. § 2709 (relating to harassment).

29(vi) 18 Pa.C.S. § 5104 (relating to resisting arrest
30or other law enforcement).

1(vii) 18 Pa.C.S. § 5501 (relating to riot).

2(7) To serve and execute warrants issued by the proper
3authorities for offenses under this subsection and to serve
4subpoenas.

5(8) To arrange for the administration of chemical tests
6of blood or urine to a person for the purpose of determining
7the tetrahydrocannabinol content of blood or the presence of
8a controlled substance by qualified personnel of a State or
9local police department or qualified personnel of a clinical
10laboratory licensed and approved by the Department of Health.

11(b) Confiscation.--Equipment or appurtenance actually used
12in the commission of the unlawful acts may be confiscated. The
13confiscation shall not divest or impair the rights or interest
14of a bona fide lien holder in the equipment or appurtenance.

15(c) Officer.--The Commissioner of Pennsylvania State Police
16shall assign Pennsylvania State Police officers to supervisory,
17training and other capacities in the bureau as the Commissioner
18deems necessary. All other personnel of the bureau shall be
19nonlaw enforcement personnel. Only law enforcement officers
20shall have the authority to make an arrest under this act.

21(d) Representation.--The Office of Chief Counsel for the
22Pennsylvania State Police shall represent the bureau in all
23enforcement proceedings brought before the office of
24administrative law judge or other adjudicatory body.

25(e) Nonlaw enforcement agent.--Nothing under this act shall
26be construed to change the status of a nonlaw enforcement
27personnel member who is an enforcement agent for the purposes of
28the act of July 23, 1970 (P.L.563, No.195), known as the Public
29Employe Relations Act or cause nonlaw enforcement agents to be
30considered policemen for the purposes of the act of June 24,

11968 (P.L.237, No.111), referred to as the Policemen and Firemen
2Collective Bargaining Act.

3(f) Information.--The Pennsylvania State Police shall
4provide the chairman and minority chairman of the Appropriations
5Committee of the Senate and the chairman and minority chairman
6of the Appropriations Committee of the House of Representatives:

7(1) Other information as requested.

8(2) The following:

9(i) A copy of the most recently completed audit of
10expenditures of the bureau.

11(ii) A report detailing the demographic
12characteristics of the bureau's complement of civilian
13officers. The report shall include information relating
14to workplace diversity.

15Section 7. Office of administrative law judge.

16(a) Establishment.--There is established within the board an
17autonomous office to be known as the office of administrative
18law judge.

19(b) Judges.--The Governor shall appoint from a list of
20qualified candidates submitted by the Civil Service Commission
21after appropriate examination under the act of August 5, 1941
22(P.L.752, No.286), known as the Civil Service Act, as many
23administrative law judges as the board, with the approval of the
24Governor, deems necessary for the holding of hearings required
25or permitted under this act. The Governor shall designate one of
26the civil service appointees as the chief administrative law
27judge.

28(c) Authority.--An administrative law judge shall preside at
29all citation and other enforcement hearings required or
30permitted under this act.

1(d) Qualifications.--An administrative law judge appointed
2under this section shall be an attorney in good standing before
3the Pennsylvania Supreme Court in the law and shall be a member
4in good standing of the bar of the Pennsylvania Supreme Court.

5(e) Salary.--Compensation for an administrative law judge
6shall be established by the board.

7(f) Limitations.--An administrative law judge shall devote
8full time to the judge's official duties and may not perform a
9duty inconsistent with the judge's duties and responsibilities
10as administrative law judge.

11(g) Employment security.--An administrative law judge
12appointed under this section shall be afforded employment
13security as provided by the Civil Service Act.

14(h) Hearings.--The board shall employ a complement of five
15administrative law judges who have been appointed by the
16Governor. An appointed judge who has been selected by the board
17shall conduct a licensing hearing as required by this act.

18(i) Construction.--Nothing in this section or this act shall
19be construed or intended to change the terms and conditions of
20employment of the five hearing examiners selected by the board
21under subsection (h).

22Section 8. Medical use permitted.

23(a) Freedom from arrest, prosecution or penalty.--

24(1) A patient who possesses a valid medical cannabis
25identification card shall not be subject to detrimental
26action including arrest, prosecution, penalty, denial of a
27right or privilege, civil penalty or disciplinary action by a
28professional licensing board for the medical use of cannabis.
29Law enforcement personnel may not unreasonably detain,
30question or arrest or repeatedly detain, question or arrest a

1patient with a valid medical cannabis identification card.

2(2) There shall exist a rebuttable presumption that a
3patient is engaged in the medical use of cannabis if the
4patient possesses a valid medical cannabis identification
5card. The presumption may be rebutted by evidence that
6conduct related to cannabis was not for the purpose of
7alleviating the symptoms or effects of a patient's
8debilitating medical condition.

9(3) A patient may assert the medical use of cannabis as
10an affirmative defense to a prosecution involving cannabis
11unless the patient was in violation of this section when the
12events giving rise to the prosecution occurred. The defense
13shall be presumed valid if the evidence shows both of the
14following:

15(i) Either:

16(A) the patient's medical records and current
17medical condition made in the course of a bona fide
18medical professional-patient relationship indicate
19the potential benefits of the medical use of cannabis
20would likely outweigh the health risks for the
21patient; or

22(B) a medical professional stated that in the
23medical professional's opinion, after completing a
24full assessment of the patient's medical history and
25current medical condition, the potential benefits of
26the medical use of cannabis would likely outweigh the
27health risks for the patient; and

28(ii) the patient and the patient's caregiver were
29collectively in possession of no more than one ounce of
30usable cannabis flower or three ounces of usable cannabis

1concentrate.

2(4) Possession of or application for a medical cannabis
3identification card may not alone constitute probable cause
4to search a person, the property of the person possessing or
5applying for the medical cannabis identification card or
6otherwise subject the person or his property to inspection by
7a governmental agency.

8(5) Law enforcement officials may not destroy, damage or
9alter a patient's supply of medical cannabis if the patient
10is in possession of a valid medical cannabis identification
11card.

12(b) Patients under 18 years of age.--Subsection (a) does not
13apply to a patient under 18 years of age unless all of the
14following have occurred:

15(1) The patient's medical professional has explained to
16the patient and the patient's custodial parent, guardian or
17person having legal custody the potential risks and benefits
18of the medical use of cannabis.

19(2) The custodial parent, guardian or person having
20legal custody consents in writing to:

21(i) Allow the patient's medical use of cannabis.

22(ii) Serve as the patient's caregiver.

23(iii) Control the acquisition, dosage and frequency
24of the medical use of cannabis by the patient.

25(c) Immunity of caregiver.--

26(1) A caregiver who has possession of a valid medical
27cannabis identification card shall not be subject to
28detrimental action including arrest, prosecution, penalty,
29denial of a right or privilege, civil penalty or disciplinary
30action by a professional licensing board for assisting a

1patient to whom the caregiver is connected through the
2board's registration process with the medical use of
3cannabis. Law enforcement personnel may not unreasonably
4detain, question or arrest or repeatedly detain, question or
5arrest a caregiver for assisting the patient.

6(2) There shall exist a rebuttable presumption that a
7caregiver is engaged in the medical use of cannabis if the
8caregiver possesses a valid medical cannabis identification
9card. The presumption may be rebutted by evidence that
10conduct related to cannabis was not for the purpose of
11alleviating the symptoms or effects of a patient's
12debilitating medical condition.

13(3) A caregiver may assert the medical use of cannabis
14as an affirmative defense to a prosecution involving cannabis
15unless the caregiver was in violation of this section when
16the events giving rise to the prosecution occurred. The
17defense shall be presumed valid if the evidence shows either
18of the following at the time of the events giving rise to the
19prosecution:

20(i) The patient's medical records and current
21medical condition made in the course of a bona fide
22medical professional-patient relationship indicate the
23potential benefits of the medical use of cannabis would
24likely outweigh the health risks for the patient.

25(ii) A medical professional stated that in the
26medical professional's opinion, after completing a full
27assessment of the patient's medical history and current
28medical condition, the potential benefits of the medical
29use of cannabis would likely outweigh the health risks
30for the patient.

1(4) Possession of or application for a medical cannabis
2identification card shall not alone constitute probable cause
3to search a person, property of a person possessing or
4applying for the medical cannabis identification card or
5otherwise subject the person or the person's property to
6inspection by a governmental agency.

7(5) Law enforcement officials may not destroy, damage or
8alter a patient's supply of medical cannabis which is in the
9possession of the caregiver if the caregiver is in possession
10of a medical cannabis identification card.

11(d) Immunity of a medical professional.--A physician,
12psychiatrist, registered nurse practitioner or dentist shall not
13be subject to detrimental action including arrest, prosecution,
14penalty, denial of a right or privilege, civil penalty or
15disciplinary action by the State Board of Medicine for providing
16written certification for the medical use of cannabis to a
17patient in accordance with this act.

18(e) Personal proximity.--A person shall not be subject to
19arrest or prosecution for constructive possession, conspiracy or
20another offense for being in the presence or vicinity of the
21medical use of cannabis as permitted under this act.

22(f) Restriction.--An individual who has been sentenced for a
23violation of 75 Pa.C.S. § 3550 (relating to pedestrians under
24influence of alcohol or controlled substance) or 3802 (relating
25to driving under the influence of alcohol or controlled
26substance) shall not be disqualified from obtaining or
27possessing a valid medical cannabis identification card on the
28basis of the offense.

29Section 9. Medical cannabis identification card.

30(a) Registry.--The board shall establish a registry and

1issue a registry identification card, known as a medical
2cannabis identification card, to a patient who submits all of
3the following in accordance with the board's regulations:

4(1) Written certification that the person is a patient.

5(2) An application or renewal fee of not less than $50
6and not more than $100, which may be based on a sliding fee
7scale as determined by the board.

8(3) The name, address and date of birth of the patient.

9(4) The name, address and telephone number of the
10patient's physician.

11(5) Name, address and date of birth of the patient's
12caregiver, if any.

13(b) Issuance to qualified patient.--Before issuing a medical
14cannabis identification card, the board shall verify the
15information contained in the application or renewal form
16submitted under this section. The board shall approve or deny an
17application or renewal in accordance with the following:

18(1) The approval or denial shall be no later than 15
19days from receipt of the application or renewal.

20(2) The board shall issue a medical cannabis
21identification card no later than five days from approving
22the application or renewal.

23(3) The board may deny an application or renewal only if
24the applicant fails to provide the information required under
25this section or if the board determines that the information
26was falsified.

27(4) An applicant must be provided with the reason for
28and all information relative to the denial of a medical
29cannabis card and given an established procedure for
30resubmission of an application.

1(5) Denial of an application shall be considered a final
2agency decision, subject to review by an administrative law
3judge.

4(c) Issuance to caregiver.--The board shall issue a medical
5cannabis identification card to the caregiver named in a
6patient's approved application if the caregiver signs a
7statement agreeing to provide cannabis only to the patient who
8has named him or her as caregiver.

9(d) Contents.--A medical cannabis identification card shall
10contain the following information:

11(1) The name, address and date of birth of the patient.

12(2) The name, address and date of birth of the patient's
13caregiver, if any.

14(3) The date of issuance and expiration date of the
15medical cannabis identification card.

16(4) Photo identification of the cardholder.

17(5) Other information that the board may specify in
18regulations.

19(e) Changes in listed information.--A patient who has been
20issued a medical cannabis identification card must notify the
21board of a change in the patient's name, address, medical
22professional, caregiver or change in status of the patient's
23debilitating medical condition no later than ten days from
24change or the medical cannabis identification card shall be
25deemed null and void.

26(f) Right-to-Know Law.--The board shall maintain a
27confidential list of each person who has been issued a medical
28cannabis identification card. Individual names and other
29identifying information on the list shall be confidential and
30shall not be considered a public record under the act of

1February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.
2The list may not be disclosed except to any of the following:

3(1) Authorized employees of the board as necessary to
4perform official duties of the board.

5(2) Authorized employees of board or bureau, only as
6necessary to verify that a person who is engaged in the
7suspected or alleged medical use of cannabis is lawfully in
8possession of a medical cannabis identification card.

9Section 10. Compassionate care center.

10(a) Licensing.--The board shall license privately owned
11nonprofit compassionate care centers. The board shall license a
12registered nurse to operate and own a compassionate care center.

13(b) Processing or distribution.--A compassionate care center
14shall maintain records of all cannabis the center processes or
15distributes for medical treatment and shall make the records
16available for inspection by the board.

17(c) Report.--Each month, a compassionate care center shall
18submit to the board a report which details the amount and what
19types of cannabis the center has distributed during the past
20month.

21(d) Professional setting.--A compassionate care center must
22be similar in appearance and function as a doctor's office that
23dispenses pharmaceuticals. The appearance and function must
24conform with regulations promulgated by the board. No medical
25cannabis products shall be visible from the exterior or the
26entryway of the compassionate care center.

27(e) Donation.--A compassionate care center may donate usable
28medical cannabis concentrate for study and research to a
29postsecondary institution.

30(f) Background check.--

1(1) The board shall require a prospective licensee to
2submit with the application, under 18 Pa.C.S. Ch. 91
3(relating to criminal history record information), a report
4of criminal history record information from the Pennsylvania
5State Police or a statement from the Pennsylvania State
6Police that the State Police central repository contains no
7information relating to the prospective licensee.

8(2) The report of criminal history record information
9shall be less than one year old.

10(3) A violation of the Controlled Substance, Drug,
11Device and Cosmetic Act or 18 Pa.C.S. (relating to crimes and
12offenses) relating to marijuana or cannabis may not
13negatively impact the board's decision regarding the approval
14of an applicant.

15Section 11. Commercial medical cannabis farm.

16(a) License.--The board shall license a farmer to own a
17commercial medical cannabis farm for the purpose of supplying to
18licensed commercial medical cannabis manufacturers and
19compassionate care centers.

20(b) Growing and cultivating cannabis for medical
21treatment.--A commercial medical cannabis farmer must have a
22contract with a compassionate care center and a commercial
23medical cannabis manufacturer to supply medical cannabis.

24(c) Records.--A commercial medical cannabis farmer must keep
25detailed records of the medical cannabis the farmer sells to
26compassionate care centers and shall make the records available
27for inspection by the board.

28(d) Report.--Each month, a commercial medical cannabis
29farmer shall submit to the board a report which details how much
30and what types of cannabis the farmer has distributed during the

1past month.

2(e) Donation.--A commercial medical cannabis farmer may
3donate usable medical cannabis to a postsecondary institution
4for study and research.

5(f) Background check.--

6(1) The board shall require a prospective licensee to
7submit with the application, under 18 Pa.C.S. Ch. 91
8(relating to criminal history record information), a report
9of criminal history record information from the Pennsylvania
10State Police or a statement from the Pennsylvania State
11Police that the State Police central repository contains no
12information relating to the prospective licensee.

13(2) The report of criminal history record information
14shall be less than one year old.

15(3) A violation of the Controlled Substance, Drug,
16Device and Cosmetic Act or 18 Pa.C.S. (relating to crimes and
17offenses) relating to marijuana or cannabis may not
18negatively impact the board's decision regarding the approval
19of an applicant.

20(g) Personal use.--A commercial medical cannabis farmer who
21has a valid medical cannabis identification card may retain up
22to 25% of the annual yield for personal use.

23Section 12. Commercial medical cannabis manufacturer.

24(a) License.--The board shall license an organic chemist to
25own a commercial medical cannabis manufacturing facility for the
26purpose of supplying a compassionate care center with useable
27medical cannabis concentrate.

28(b) Extraction method.--A commercial medical cannabis
29manufacturer may only use the extraction method described under
30section 14.

1(c) Report.--Each month, a commercial medical cannabis
2manufacturer shall submit to the board a report which details
3the amount and what types of cannabis the manufacturer has
4distributed during the past month.

5(d) Donation.--A commercial medical cannabis manufacturer
6may donate medical cannabis transportation services to a
7postsecondary institution for study and research.

8(e) Background check.--

9(1) The board shall require a prospective licensee to
10submit with the application, under 18 Pa.C.S. Ch. 91
11(relating to criminal history record information), a report
12of criminal history record information from the Pennsylvania
13State Police or a statement from the Pennsylvania State
14Police that the State Police central repository contains no
15information relating to the prospective licensee.

16(2) The report of criminal history record information
17shall be less than one year old.

18(3) A violation of the Controlled Substance, Drug,
19Device and Cosmetic Act or 18 Pa.C.S. (relating to crimes and
20offenses) relating to marijuana or cannabis may not
21negatively impact the board's decision regarding the approval
22of an applicant.

23Section 13. Commercial medical cannabis transporter.

24(a) License.--The board shall license a transportation
25company with a commercial medical cannabis transportation
26license for the purpose of transporting useable medical cannabis
27concentrate.

28(b) Requirements.--A commercial medical cannabis transporter
29shall meet the following requirements to the satisfaction of the
30board:

1(1) Each transportation vehicle shall be unmarked and
2may not directly or indirectly indicate what is being
3transported.

4(2) Each transportation vehicle and all equipment used
5in the process of transportation shall be in compliance with
6this act.

7(c) Report.--Each month, a commercial medical cannabis
8transporter shall submit to the board a report which details the
9amount and what types of cannabis the transporter has
10transported during the past month.

11(d) Donation.--A commercial medical cannabis transporter may
12donate medical cannabis transportation services to a
13postsecondary institution for study and research.

14(e) Background check.--

15(1) The board shall require a prospective licensee to
16submit with the application, under 18 Pa.C.S. Ch. 91
17(relating to criminal history record information), a report
18of criminal history record information from the Pennsylvania
19State Police or a statement from the Pennsylvania State
20Police that the State Police central repository contains no
21information relating to the prospective licensee.

22(2) The report of criminal history record information
23shall be less than one year old.

24(3) A violation of the Controlled Substance, Drug,
25Device and Cosmetic Act or 18 Pa.C.S. (relating to crimes and
26offenses) relating to marijuana or cannabis may not
27negatively impact the board's decision regarding the approval
28of an applicant.

29Section 14. Variety allowed, extraction method and inspection.

30(a) General rule.--There shall be no restriction on specific

1strains of cannabis that can be used for medical purposes under
2this act.

3(b) Extraction method.--A food-grade, ethanol-based formula
4method and water methods shall be the only acceptable methods of
5cannabis extraction in this Commonwealth, unless another method
6is deemed safer and approved by the board.

7(c) Inspection.--The board shall conduct monthly inspections
8of commercial medical cannabis farms, commercial medical
9cannabis manufacturers and compassionate care centers to ensure
10compliance with this act. If a facility is not in compliance
11with this act, the facility owners shall be fined as determined
12by the board. A fine may not exceed $5,000.

13Section 15. Operation of motor vehicles.

14(a) Prohibited operation.--A person may not operate, drive
15navigate or be in actual physical control of the following while
16under the influence of tetrahydrocannabinol:

17(1) A vehicle.

18(2) An aircraft.

19(3) A motorboat.

20(4) Heavy machinery

21(5) Another mode of transportation that would constitute
22an offense under 75 Pa.C.S. Ch.38 (relating to drinking after
23imbibing alcohol or utilizing drugs).

24(b) Prohibited location.--No person may smoke cannabis in
25any of the following locations:

26(1) A school bus or other form of public transportation.

27(2) On school grounds.

28(3) In a correctional facility.

29(4) At a public park or beach.

30(5) At a recreation center.

1(6) At a place where cigarette smoking is prohibited by
2law or by organizational policy.

3(c) Vaporization.--Smoking cannabis by means of vaporization
4is permitted in the public domain.

5(d) Violation.--A person who commits an act prohibited in
6this section shall be subject to penalties as provided by law.

7Section 16. Misrepresentation prohibited.

8It shall be a violation of 18 Pa.C.S. § 5503 (relating to
9disorderly conduct) for a person to fabricate or misrepresent a
10registry identification card to a law enforcement official.

11Section 17. Funding.

12(a) Board.--For fiscal year 2014-2015 and 2015-2016, the
13Pennsylvania Liquor Control Board shall transfer $3,000,000 to
14the board. The board shall promulgate regulations on the
15spending and accounting method to be used by the board.

16(b) Bureau.--Beginning in fiscal year 2014-2015 and
17continuing each year thereafter, the Pennsylvania State Police
18shall allocate $2,000,000 to the bureau.

19(c) Other funding.--The board may accept, from a
20governmental department or agency, public or private body or
21another source, a grant or contribution to be used to effectuate
22the purposes of this act.

23Section 18. Reports by board.

24The chair of the board shall report annually to the Governor
25and the General Assembly as follows:

26(1) The report may not contain any identifying
27information of patients, caregivers or medical professionals.

28(2) The report shall include all of the following
29information:

30(i) The number of applications for medical cannabis

1identification cards.

2(ii) The number of patients and caregivers approved.

3(iii) The categories of the debilitating medical
4conditions of the patients.

5(iv) The number of registry identification cards
6revoked.

7(v) The number of physicians providing written
8certifications for patients.

9Section 19. Health insurance.

10Nothing in this act shall be construed to require a State
11government medical assistance program or private health insurer
12to reimburse a person for costs associated with the medical use
13of cannabis or an employer to accommodate the medical use of
14cannabis in a workplace.

15Section 20. Sovereign immunity.

16The Commonwealth may not be held liable for any deleterious
17outcomes resulting from the medical use of cannabis by a
18patient.

19Section 21. Duty of the Pennsylvania State Police.

20The Pennsylvania State Police shall advise the board, bureau
21and caregivers on effective security measures for the possession
22and transportation of medical cannabis and shall inspect sites
23if requested.

24Section 22. Repeals.

25The following shall apply:

26(1) Sections 4 and 13 of act of April 14, 1972 (P.L.233,
27No.64), known as The Controlled Substance, Drug, Device and
28Cosmetic Act, are repealed insofar as they are inconsistent
29with this act.

30(2) All acts and parts of acts are repealed insofar as

1they are inconsistent with this act.

2Section 23. Effective date.

3This act shall take effect in 90 days.

 

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