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same topic
PRIOR PRINTER'S NOS. 224, 793, 840,
889, 1609, 1680
PRINTER'S NO. 1690
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
3
Session of
2015
INTRODUCED BY FOLMER, LEACH, TEPLITZ, WILEY, BLAKE, FONTANA,
YUDICHAK, SCARNATI, BOSCOLA, YAW, ARGALL, SMITH, COSTA,
FARNESE, WAGNER, BARTOLOTTA, WILLIAMS, TARTAGLIONE,
VULAKOVICH, WHITE, SCHWANK, RAFFERTY, STEFANO, WOZNIAK,
McGARRIGLE, BROWNE AND DINNIMAN, JANUARY 26, 2015
AMENDMENTS TO HOUSE AMENDMENTS, APRIL 12, 2016
AN ACT
Establishing a medical marijuana program; providing for patient
and caregiver certification and for medical marijuana
organization registration; imposing duties on the Department
of Health; providing for a tax on medical marijuana
organization gross receipts; establishing the Medical
Marijuana Program Fund; establishing the Medical Marijuana
Advisory Board; establishing a medical marijuana research
program; imposing duties on the Department of Corrections,
the Department of Education and the Department of Human
Services; and providing for academic clinical research
centers and for penalties and enforcement.
TABLE OF CONTENTS
Chapter 1. Preliminary Provisions
Section 101. Short title.
Section 102. Declaration of policy.
Section 103. Definitions.
Chapter 3. Program
Section 301. Program established.
Section 301.1. Confidentiality and public disclosure.
Section 302. Practitioner registration.
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Section 303. Practitioner restrictions.
Chapter 5. Patient and Caregiver Certification
Section 501. Issuance of certification.
Section 502. Certification form.
Section 503. Lawful use of medical marijuana.
Section 504. Unlawful use of medical marijuana.
Section 505. Identification cards.
Section 506. Process for obtaining or renewing an
identification card.
Section 507. Special conditions.
Section 508. Minors.
Section 509. Caregiver authorization and limitations.
Section 510. Contents of identification card.
Section 511. Suspension.
Section 512. Use of prescription drug monitoring program.
Section 513. Prohibitions.
Chapter 7. Medical Marijuana Organizations
Section 701. Medical marijuana organizations.
Section 702. Laboratory.
Section 703. Dispensing to patients and caregivers.
Section 704. Pricing.
Section 705. Facility requirements.
Section 706. Registration.
Section 707. Limitations on registrations.
Section 708. Application and issuance of registration.
Section 709. Registration renewals.
Section 710. Suspension or revocation of registration.
Section 711. Privilege not property right.
Section 712. Diversity goals.
Chapter 9. Tax on Medical Marijuana
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Section 901. Excise tax on medical marijuana.
Section 902. Medical Marijuana Program Fund.
Chapter 11. Administration
Section 1101. Governing practice and procedure.
Section 1102. Reports by medical marijuana organizations.
Section 1103. Law enforcement notification.
Section 1104. Evaluation.
Section 1105. Report.
Section 1106. Advisory board.
Section 1107. Regulations.
Section 1108. Regulations based on recommendations of board.
Section 1109. Temporary regulations.
Chapter 13. Offenses Related to Medical Marijuana
Section 1301. Criminal diversion of medical marijuana by
practitioners.
Section 1302. Criminal diversion of medical marijuana by
medical marijuana organizations.
Section 1303. Criminal retention of medical marijuana.
Section 1304. Criminal diversion of medical marijuana by
patient or caregiver.
Section 1305. Falsification of identification cards.
Section 1306. Adulteration of medical marijuana.
Section 1307. Disclosure of information prohibited.
Section 1308. Additional penalties.
Section 1309. Other restrictions.
Chapter 19. Research Program
Section 1901. Definitions.
Section 1902. Establishment of medical marijuana research
program.
Section 1903. Medical marijuana research program
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administration.
Section 1904. Approval.
Section 1905. Requirements.
Section 1906. Restrictions.
Section 1907. Regulations.
Section 1908. Nonentitlement.
Chapter 20. Academic Clinical Research Centers
Section 2001. Definitions.
Section 2002. Registration as both grower/processor and
dispensary collaborating with an academic clinical
research center.
Section 2003. Research study.
Chapter 21. Miscellaneous Provisions
Section 2101. Conflict.
Section 2101.1. Financial and employment interests.
Section 2102. Insurers.
Section 2103. Protections for patients and caregivers.
Section 2104. Schools.
Section 2105. Day-care centers.
Section 2106. Medical marijuana from other states.
Section 2107. Zoning.
Section 2108. Notice.
Section 2109. Applicability.
Section 2110. Effective date.
ESTABLISHING A MEDICAL MARIJUANA PROGRAM; PROVIDING FOR PATIENT
AND CAREGIVER CERTIFICATION AND FOR MEDICAL MARIJUANA
ORGANIZATION REGISTRATION; IMPOSING DUTIES ON THE DEPARTMENT
OF HEALTH; PROVIDING FOR A TAX ON MEDICAL MARIJUANA
ORGANIZATION GROSS RECEIPTS; ESTABLISHING THE MEDICAL
MARIJUANA PROGRAM FUND; ESTABLISHING THE MEDICAL MARIJUANA
ADVISORY BOARD; ESTABLISHING A MEDICAL MARIJUANA RESEARCH
PROGRAM; IMPOSING DUTIES ON THE DEPARTMENT OF CORRECTIONS,
THE DEPARTMENT OF EDUCATION AND THE DEPARTMENT OF HUMAN
SERVICES; AND PROVIDING FOR ACADEMIC CLINICAL RESEARCH
CENTERS AND FOR PENALTIES AND ENFORCEMENT.
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TABLE OF CONTENTS
CHAPTER 1. PRELIMINARY PROVISIONS
SECTION 101. SHORT TITLE.
SECTION 102. DECLARATION OF POLICY.
SECTION 103. DEFINITIONS.
CHAPTER 3. PROGRAM
SECTION 301. PROGRAM ESTABLISHED.
SECTION 302. CONFIDENTIALITY AND PUBLIC DISCLOSURE.
SECTION 303. LAWFUL USE OF MEDICAL MARIJUANA.
SECTION 304. UNLAWFUL USE OF MEDICAL MARIJUANA.
CHAPTER 4. PRACTITIONERS
SECTION 401. PRACTITIONER REGISTRATION.
SECTION 402. PRACTITIONER RESTRICTIONS.
SECTION 403. ISSUANCE OF CERTIFICATION.
SECTION 404. CERTIFICATION FORM.
SECTION 405. DURATION.
CHAPTER 5. PATIENTS
SECTION 501. IDENTIFICATION CARDS.
SECTION 502. CAREGIVERS.
SECTION 503. NOTICE.
SECTION 503.1. VERIFICATION.
SECTION 504. SPECIAL CONDITIONS.
SECTION 505. (RESERVED).
SECTION 506. MINORS.
SECTION 507. CAREGIVER AUTHORIZATION AND LIMITATIONS.
SECTION 508. CONTENTS OF IDENTIFICATION CARD.
SECTION 509. SUSPENSION.
SECTION 510. PROHIBITIONS.
CHAPTER 6. MEDICAL MARIJUANA ORGANIZATIONS
SECTION 601. MEDICAL MARIJUANA ORGANIZATIONS.
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SECTION 602. PERMITS.
SECTION 603. GRANTING OF PERMIT.
SECTION 604. NOTICE.
SECTION 605. (RESERVED).
SECTION 606. APPLICATION AND ISSUANCE.
SECTION 607. FEES AND OTHER REQUIREMENTS.
SECTION 608. ISSUANCE.
SECTION 609. RELOCATION.
SECTION 610. TERMS OF PERMIT.
SECTION 611. (RESERVED).
SECTION 612. PERMIT RENEWALS.
SECTION 613. SUSPENSION OR REVOCATION.
SECTION 614. CONVICTIONS PROHIBITED.
SECTION 615. DIVERSITY GOALS.
SECTION 616. LIMITATIONS ON PERMITS.
CHAPTER 7. MEDICAL MARIJUANA CONTROLS
SECTION 701. ELECTRONIC TRACKING.
SECTION 702. GROWER/PROCESSORS.
SECTION 703. STORAGE AND TRANSPORTATION.
SECTION 704. LABORATORY.
SECTION 705. PRICES.
CHAPTER 8. DISPENSARIES
SECTION 801. DISPENSING TO PATIENTS AND CAREGIVERS.
SECTION 802. FACILITY REQUIREMENTS.
SECTION 803. POSTING.
CHAPTER 9. TAX ON MEDICAL MARIJUANA
SECTION 901. TAX ON MEDICAL MARIJUANA.
SECTION 902. MEDICAL MARIJUANA PROGRAM FUND.
CHAPTER 11. ADMINISTRATION
SECTION 1101. GOVERNING PRACTICE AND PROCEDURE.
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SECTION 1102. REPORTS BY MEDICAL MARIJUANA ORGANIZATIONS.
SECTION 1103. LAW ENFORCEMENT NOTIFICATION.
SECTION 1104. EVALUATION.
SECTION 1105. REPORT.
SECTION 1106. (RESERVED).
SECTION 1107. TEMPORARY REGULATIONS.
CHAPTER 12. MEDICAL MARIJUANA ADVISORY BOARD
SECTION 1201. ADVISORY BOARD.
SECTION 1202. REGULATIONS BASED ON RECOMMENDATIONS OF ADVISORY
BOARD.
CHAPTER 13. OFFENSES RELATED TO MEDICAL MARIJUANA
SECTION 1301. CRIMINAL DIVERSION OF MEDICAL MARIJUANA BY
PRACTITIONERS.
SECTION 1302. CRIMINAL DIVERSION OF MEDICAL MARIJUANA BY
MEDICAL MARIJUANA ORGANIZATIONS.
SECTION 1303. CRIMINAL RETENTION OF MEDICAL MARIJUANA.
SECTION 1304. CRIMINAL DIVERSION OF MEDICAL MARIJUANA BY
PATIENT OR CAREGIVER.
SECTION 1305. FALSIFICATION OF IDENTIFICATION CARDS.
SECTION 1306. ADULTERATION OF MEDICAL MARIJUANA.
SECTION 1307. DISCLOSURE OF INFORMATION PROHIBITED.
SECTION 1308. ADDITIONAL PENALTIES.
SECTION 1309. OTHER RESTRICTIONS.
CHAPTER 19. RESEARCH PROGRAM
SECTION 1901. DEFINITIONS.
SECTION 1902. ESTABLISHMENT OF MEDICAL MARIJUANA RESEARCH
PROGRAM.
SECTION 1903. MEDICAL MARIJUANA RESEARCH PROGRAM
ADMINISTRATION.
SECTION 1904. APPROVAL.
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SECTION 1905. REQUIREMENTS.
SECTION 1906. RESTRICTIONS.
SECTION 1907. REGULATIONS.
SECTION 1908. NONENTITLEMENT.
CHAPTER 20. ACADEMIC CLINICAL RESEARCH CENTERS
SECTION 2001. DEFINITIONS.
SECTION 2002. CLINICAL REGISTRANTS.
SECTION 2003. RESEARCH STUDY.
CHAPTER 21. MISCELLANEOUS PROVISIONS
SECTION 2101. CONFLICT.
SECTION 2101.1. FINANCIAL AND EMPLOYMENT INTERESTS.
SECTION 2102. INSURERS.
SECTION 2103. PROTECTIONS FOR PATIENTS AND CAREGIVERS.
SECTION 2104. SCHOOLS.
SECTION 2105. DAY-CARE CENTERS.
SECTION 2106. MEDICAL MARIJUANA FROM OTHER STATES.
SECTION 2107. ZONING.
SECTION 2108. NOTICE.
SECTION 2109. APPLICABILITY.
SECTION 2110. EFFECTIVE DATE.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
CHAPTER 1
PRELIMINARY PROVISIONS
Section 101. Short title.
This act shall be known and may be cited as the Medical
Marijuana Act.
Section 102. Declaration of policy.
The General Assembly finds and declares as follows:
(1) Scientific evidence suggests that medical marijuana
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is one potential therapy that may mitigate suffering in some
patients and also enhance quality of life.
(2) The Commonwealth is committed to patient safety.
Carefully regulating the program which allows access to
medical marijuana will enhance patient safety while research
into its effectiveness continues.
(3) It is the intent of the General Assembly to:
(i) Provide a program of access to medical marijuana
which balances the need of patients to have access to the
latest treatments with the need to promote patient
safety.
(ii) Provide a safe and effective method of delivery
of medical marijuana to patients.
(iii) Promote high quality research into the
effectiveness and utility of medical marijuana.
(4) It is the further intention of the General Assembly
that any Commonwealth-based program to provide access to
medical marijuana serve as a temporary measure, pending
Federal approval of and access to medical marijuana through
traditional medical and pharmaceutical avenues.
Section 103. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Advisory board." The advisory board established under
section 1106.
"Caregiver." The individual designated by a patient or, if
the patient is under 18 years of age, an individual under
section 508(2), to deliver medical marijuana.
"Certified medical use." The acquisition, possession, use or
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transportation of medical marijuana by a patient, or the
acquisition, possession, delivery, transportation or
administration of medical marijuana by a caregiver, for use as
part of the treatment of the patient's serious medical
condition, as authorized in a certification under this act,
including enabling the patient to tolerate treatment for the
serious medical condition.
"Certified registered nurse practitioner." As defined in
section 2 of the act of May 22, 1951 (P.L.317, No.69), known as
The Professional Nursing Law.
"Change in control." The acquisition by a person or group of
persons acting in concert of a controlling interest in an
applicant or registrant either all at one time or over the span
of a 12-consecutive-month period.
"Continuing care." Treating a patient, in the course of
which the practitioner has completed a full assessment of the
patient's medical history and current medical condition,
including an in-person consultation with the patient.
"Controlling interest." As follows:
(1) The term shall mean the following:
(i) For a publicly traded entity, voting rights that
entitle a person to elect or appoint one or more of the
members of the board of directors or other governing
board or the ownership or beneficial holding of 5% or
more of the securities of the publicly traded entity.
(ii) For a privately held entity, the ownership of
any security in the entity.
(2) For purposes of this definition, the term "security"
is as defined in section 102(t) of the act of December 5,
1972 (P.L.1280, No.284), known as the Pennsylvania Securities
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Act of 1972.
"Department." The Department of Health of the Commonwealth.
"Dispensary." A person, including a natural person,
corporation, partnership, association, trust or other entity, or
any combination thereof, which is registered by the department
to dispense medical marijuana. The term does not include a
health care medical marijuana organization under Chapter 19.
"Family or household member." As defined in 23 Pa.C.S. ยง
6102 (relating to definitions).
"Financial backer." An investor, mortgagee, bondholder, note
holder or other source of equity of an applicant other than a
financial institution.
"Financial institution." A bank, a national banking
association, a bank and trust company, a trust company, a
savings and loan association, a building and loan association, a
mutual savings bank, a credit union or a savings bank.
"Form of medical marijuana." The characteristics of the
medical marijuana recommended or limited for a particular
patient, including the method of consumption and any particular
dosage, strain, variety and quantity or percentage of medical
marijuana or particular active ingredient.
"Fund." The Medical Marijuana Program Fund established in
section 902.
"Grower/processor." A person, including a natural person,
corporation, partnership, association, trust or other entity, or
any combination thereof, which is registered by the department
under this act to grow and process medical marijuana. The term
does not include a health care medical marijuana organization
under Chapter 19.
"Identification card." A document issued under section 505
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that permits access to medical marijuana under this act.
"Individual dose." A single measure of medical marijuana.
"Keystone opportunity zone." As defined in section 103 of
the act of October 6, 1998 (P.L.705, No.92), known as the
Keystone Opportunity Zone, Keystone Opportunity Expansion Zone
and Keystone Opportunity Improvement Zone Act.
"Medical marijuana." Marijuana for medical use as set forth
in this act.
"Medical marijuana organization." A dispensary or a
grower/processor. The term does not include a health care
medical marijuana organization under Chapter 19.
"Patient." An individual who:
(1) has a serious medical condition;
(2) has met the requirements for certification under
this act; and
(3) is a resident of this Commonwealth.
"Physician assistant." As defined in section 2 of the act of
December 20, 1985 (P.L.457, No.112), known as the Medical
Practice Act of 1985, and section 2 of the act of October 5,
1978 (P.L.1109, No.261), known as the Osteopathic Medical
Practice Act.
"Practitioner." A physician who is registered with the
department under section 302.
"Prescription drug monitoring program." The Achieving Better
Care by Monitoring All Prescriptions Program (ABC-MAP).
"Principal." An officer, director or person who directly
owns a beneficial interest in or ownership of the securities of
an applicant or registrant, a person who has a controlling
interest in an applicant or registrant or who has the ability to
elect the majority of the board of directors of an applicant or
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registrant or otherwise control an applicant or registrant,
other than a financial institution.
"Registry." The registry established by the department under
section 301(1).
"Secretary." The Secretary of Health of the Commonwealth.
"Serious medical condition." Any of the following:
(1) Cancer.
(2) Positive status for human immunodeficiency virus or
acquired immune deficiency syndrome.
(3) Amyotrophic lateral sclerosis.
(4) Parkinson's disease.
(5) Multiple sclerosis.
(6) Damage to the nervous tissue of the spinal cord with
objective neurological indication of intractable spasticity.
(7) Epilepsy.
(8) Inflammatory bowel disease.
(9) Neuropathies.
(10) Huntington's disease.
(11) Crohn's disease.
(12) Post-traumatic stress disorder.
(13) Intractable seizures.
(14) Glaucoma.
(15) Sickle cell anemia.
(16) Severe chronic or intractable pain of neuropathic
origin or severe chronic or intractable pain in which
conventional therapeutic intervention and opiate therapy is
contraindicated or ineffective.
(17) Autism.
"Terminally ill." A medical prognosis of life expectancy of
approximately one year or less if the illness runs its normal
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course.
CHAPTER 3
PROGRAM
Section 301. Program established.
A medical marijuana program for patients suffering from
serious medical conditions is established. The program shall be
administered by the department. The department shall have the
authority to do all things necessary to fulfill its
responsibilities in implementing this act. At minimum, the
department shall:
(1) Establish and maintain a computerized registry
containing information set forth in this act relating to
patients certified to use medical marijuana, caregivers,
practitioners and medical marijuana organizations, which
shall include identification numbers for patients and
caregivers and the certification information required to be
submitted to the department under section 501(e)(2).
(1.1) Establish within the computerized registry a
separate, electronic database to be used by the department
and dispensaries and which contains the information set forth
in section 703(a)(1), (2), (3), (4) and (5) and such
additional information that the department may require by
regulation. The registry and database shall be capable of
providing information in real time. The database shall be
capable of receiving information from a dispensary regarding
the disbursement of medical marijuana to patients and
caregivers and verification of the form of medical marijuana.
Dispensaries shall have real-time access to information in
the database:
(i) To ensure that medical marijuana is not diverted
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or otherwise used for unlawful purposes.
(ii) To establish the authenticity of identification
cards.
(iii) To provide the form of medical marijuana
provided in the certification by the practitioner.
(2) Develop and implement procedures for:
(i) Issuance of identification cards to patients and
caregivers.
(ii) Review and approval of certifications submitted
by practitioners.
(iii) Review of the credentials of practitioners who
submit certifications.
(iv) Review and approval of applications for
identification cards.
(v) Review and approval of applications to become
registered with the department as a medical marijuana
organization.
(vi) Review and approval of applications of
physicians to become registered with the department as
practitioners.
(3) Develop a four-hour course for physicians regarding
the latest scientific research on medical marijuana,
including the risks and benefits of medical marijuana, and
any other subjects deemed necessary by the department. The
State Board of Medicine and the State Board of Osteopathic
Medicine shall approve continuing education credit for any
physician who successfully completes the course. The State
Board of Pharmacy shall approve continuing education credit
for any pharmacist who successfully completes the course
pursuant to the requirement in section 707(9). The State
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Board of Nursing shall approve continuing education credit
for a certified registered nurse practitioner who
successfully completes the course pursuant to the requirement
in section 707(9). The State Board of Medicine and the State
Board of Osteopathic Medicine shall approve continuing
education credit for a physician assistant who successfully
completes the course pursuant to the requirement in section
707(9).
(4) Develop a two-hour course for the principals and
employees of a medical marijuana organization who either come
into contact with patients or caregivers or who physically
handle medical marijuana. Employees must successfully
complete the course no later than 90 days after commencing
employment. Principals must successfully complete the course
prior to commencing initial operation of the medical
marijuana organization. The subject matter of the course
shall encompass the following:
(i) Recognizing unauthorized suspected activity
under this act and the regulations promulgated by the
department, including criminal diversion of medical
marijuana and falsification of identification cards.
(ii) Proper handling of medical marijuana and
recordkeeping.
(iii) Proper reporting of suspected unauthorized
activity, including activities under subparagraph (i), to
law enforcement.
(iv) Any other subject necessary to ensure
compliance with this act and regulations promulgated
under this act, as determined by the department.
(5) Develop a procedure for announced and unannounced
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inspections by the department of the facilities for growing,
processing or dispensing or selling medical marijuana, and of
the books, papers and tracking and other systems utilized by
medical marijuana organizations required by this act.
(6) Establish a manner and method to administer research
studies to be operated by vertically integrated health
systems in order to collect research data on the use of
medical marijuana to treat serious medical conditions in
accordance with Chapter 19.
(7) Establish and maintain public outreach efforts about
this act. The efforts shall include:
(i) A dedicated telephone number regarding medical
marijuana so that patients, caregivers and members of the
public may call to obtain basic information about the
dispensing of medical marijuana under this act.
(ii) A publicly accessible Internet website which
provides information about the medical marijuana program.
At a minimum, the website shall contain:
(A) Basic information designed to educate the
public regarding the medical marijuana program.
(B) The information set forth in section
301.1(b).
(C) The dedicated telephone number.
(D) The information provided to the department
under section 1102(a)(2) by medical marijuana
organizations. This information shall be posted on
the department's publicly accessible Internet website
as soon as is practicable after receipt of the
information from the medical marijuana organizations.
(8) Collaborate as necessary, as determined by the
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secretary, with other Commonwealth agencies or to contract
with third parties to assist the department in fulfilling its
responsibilities under this act.
(9) Determine the minimum number and type of medical
marijuana to be produced by a grower/processor and dispensed
by a dispensary.
Section 301.1. Confidentiality and public disclosure.
(a) Patient information.--The department shall maintain a
confidential list of patients and caregivers to whom it has
issued identification cards. Individual identifying information
about patients and caregivers obtained by the department,
including certifications issued by practitioners, the
information on identification cards and information provided by
the Pennsylvania State Police pursuant to section 506(b) shall
be confidential and exempt from public disclosure, including
disclosure under the act of February 14, 2008 (P.L.6, No.3),
known as the Right-to-Know Law.
(b) Medical marijuana organizations and practitioners.--The
following are public records under the Right-to-Know Law:
(1) An application for registration as a medical
marijuana organization. The department shall maintain a
separate list of names, addresses and telephone numbers of
medical marijuana organizations.
(2) The names, business addresses and medical
credentials of practitioners. All other practitioner
registration information shall be confidential and exempt
from public disclosure under the Right-to-Know Law.
(3) Information relating to penalties assessed against
medical marijuana organizations and practitioners by the
department for violation of this act.
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Section 302. Practitioner registration.
(a) Eligibility.--A physician who satisfies the following is
eligible for inclusion in the registry:
(1) The physician applies for registration in the form
and manner required by the department.
(2) The department determines that the physician is, by
training or experience, qualified to treat a serious medical
condition. The physician shall provide documentation of
required credentials, training or experience as required by
the department.
(3) The physician has successfully completed the course
under section 301(3).
(b) Department action.--The department shall review an
application submitted by a physician to determine whether to
include the physician in the registry. The review shall include
information maintained by the Department of State regarding
whether the physician has a valid, unexpired, unrevoked,
unsuspended Pennsylvania license to practice medicine and
whether the physician has been subject to discipline. The review
shall be conducted each time the department reviews
certifications under section 501. If the physician is not the
holder of a valid, unexpired, unrevoked, unsuspended
Pennsylvania license to practice medicine, then the department
shall deny the certification and shall remove the physician from
the registry until such time as the physician holds a valid,
unexpired, unrevoked, unsuspended Pennsylvania license to
practice medicine. A physician who is listed in the registry is
authorized to issue a certification to use medical marijuana.
(c) Practitioner requirements.--A practitioner shall have an
ongoing responsibility, so long as the practitioner remains in
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the registry, to immediately notify the department in writing if
the practitioner knows or has reason to know that any of the
following is true with respect to a patient for whom the
practitioner has issued a certification under this act:
(1) The patient no longer has the serious medical
condition for which the certification was issued.
(2) Medical marijuana would no longer be therapeutic or
palliative.
(3) The patient has died.
Section 303. Practitioner restrictions.
(a) Practices prohibited.--The following apply with respect
to practitioners:
(1) A practitioner may not accept, solicit or offer any
form of remuneration from or to a prospective patient,
patient, prospective caregiver, caregiver or medical
marijuana organization, including an employee, financial
backer or principal, to certify a patient, other than
accepting a fee for service with respect to the examination
of the prospective patient to determine if the prospective
patient should be issued a certification to use medical
marijuana.
(2) A practitioner may not hold a direct or economic
interest in a medical marijuana organization.
(3) A practitioner may not advertise the practitioner's
services as a practitioner who can certify a patient to
receive medical marijuana.
(b) Unprofessional conduct.--A practitioner who violates
subsection (a)(1), (2) or (3) or section 501(f) shall not be
permitted to issue certifications to patients. The practitioner
shall be removed from the registry.
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(c) Discipline.--In addition to any other penalty that may
be imposed under this act, a violation of subsection (a)(1), (2)
or (3) or section 501(f) shall be deemed unprofessional conduct
under section 41(8) of the act of December 20, 1985 (P.L.457,
No.112), known as the Medical Practice Act of 1985, or section
15(a)(8) of the act of October 5, 1978 (P.L.1109, No.261), known
as the Osteopathic Medical Practice Act, and shall subject the
practitioner to discipline by the State Board of Medicine or the
State Board of Osteopathic Medicine, as appropriate.
CHAPTER 5
PATIENT AND CAREGIVER CERTIFICATION
Section 501. Issuance of certification.
(a) Conditions for issuance.--A certification to use medical
marijuana may be issued by a practitioner to a patient if all of
the following requirements are met:
(1) The practitioner is authorized, as evidenced by the
practitioner's inclusion in the registry, to issue a
certification.
(2) The patient has a serious medical condition, which
is specified in the patient's health care record.
(3) The practitioner by training or experience is
qualified to treat the patient's serious medical condition.
(4) The patient is under the practitioner's continuing
care for the serious medical condition.
(5) In the practitioner's professional opinion and
review of past treatments, the practitioner determines the
patient is likely to receive therapeutic or palliative
benefit from the use of medical marijuana.
(b) Contents.--In addition to the information set forth in
subsection (a), the certification shall include:
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(1) The name, date of birth and address of the patient.
(2) The specific serious medical condition of the
patient.
(3) A statement by the practitioner that the patient has
a serious medical condition and the patient is under the
practitioner's continuing care for the serious medical
condition.
(4) The date of issuance.
(5) The name, address, telephone number and signature of
the practitioner.
(6) Any requirement or limitation concerning the
appropriate form of medical marijuana.
(7) Information needed for the research program database
under section 1902(b)(2) as determined by the department.
(c) Optional information.--The practitioner may state in the
certification that, in the practitioner's professional opinion:
(1) The patient would benefit from medical marijuana
only until a specified date.
(2) The patient is terminally ill.
(d) Consultation.--A practitioner shall consult the
prescription drug monitoring program prior to issuing or
modifying a certification for the purpose of reviewing the
controlled substance history of a patient.
(e) Duties of practitioner.--The practitioner shall:
(1) Provide the certification to the patient.
(2) Provide a copy of the certification to the
department, which shall place the information in the
registry. The department shall permit electronic submission
of the certification.
(3) File a copy of the certification in the patient's
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health care record.
(f) Prohibition.--A practitioner may not issue a
certification for the practitioner's own use or for the use of a
family or household member.
Section 502. Certification form.
The department shall develop a standard certification form,
which shall be available upon request. In addition, the form
shall be available to practitioners electronically. The form
shall include a statement that a false statement made by a
practitioner is punishable under the applicable provisions of 18
Pa.C.S. Ch. 49 (relating to falsification and intimidation).
Section 503. Lawful use of medical marijuana.
(a) General rule.--Notwithstanding any provision of law to
the contrary, certified medical use of medical marijuana as set
forth in this act and regulations promulgated under this act is
lawful within this Commonwealth.
(b) Limitations.--The lawful use of medical marijuana is
subject to the following limitations:
(1) Medical marijuana may only be administered to a
patient who is certified by a practitioner.
(2) Subject to regulations promulgated under section
1108(3), medical marijuana may only be dispensed to a patient
or caregiver in the following forms:
(i) pill;
(ii) oil;
(iii) topical forms, including gel, creams or
ointments;
(iv) a form medically appropriate for administration
by vaporization or nebulization.
(v) tincture; or
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(vi) liquid.
(3) In accordance with section 1108, medical marijuana
may be dispensed to a patient or a caregiver in dry leaf or
plant form.
(4) (Reserved).
(5) For each patient, possession of medical marijuana by
a patient and a caregiver may not exceed a 30-day supply of
individual doses, consistent with any regulations of the
department, except that, during the last seven days of any
30-day period, a patient may also possess a 30-day supply for
the subsequent 30-day period.
(6) An individual may not act as a caregiver for more
than five patients.
(7) A patient may designate up to two caregivers at any
one time.
(8) The form of medical marijuana that may be possessed
by a patient or caregiver under a certification shall be in
compliance with any requirement or limitation of the
practitioner.
(9) The medical marijuana shall be kept in the original
package in which it was dispensed, except for the portion
removed for immediate use by the patient.
(10) A patient or caregiver shall possess an
identification card whenever the patient or caregiver is in
immediate possession of medical marijuana.
(11) With respect to the packaging of medical marijuana
by growers/processors and dispensing of medical marijuana by
dispensaries, the medical marijuana shall only be identified
by the name of the grower/processor, the name of the
dispensary, the species and the percentage of
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tetrahydrocannabinol and cannabidiol.
(12) An individual may not claim intoxication due to
medical marijuana as a defense in an impairment of contracts
cause of action.
Section 504. Unlawful use of medical marijuana.
(a) General rule.--Notwithstanding section 503, the use of
medical marijuana as set forth in this section is unlawful and
shall, in addition to any other penalty provided by law, be
deemed a violation of the act of April 14, 1972 (P.L.233,
No.64), known as The Controlled Substance, Drug, Device and
Cosmetic Act.
(b) Unlawful use described.--Regardless of the form of
medical marijuana stated in the patient's certification, it is
unlawful to:
(1) Smoke medical marijuana.
(2) Incorporate medical marijuana into edible form.
Nothing in this act shall be construed to preclude the
incorporation of medical marijuana into edible form by a
patient or a caregiver in order to aid ingestion of the
medical marijuana by the patient.
(3) Grow medical marijuana unless registered as a
grower/processor or health care medical marijuana
organization under Chapter 19 and acting in compliance with
this act.
Section 505. Identification cards.
(a) Issuance.--Upon review and approval of the certification
issued to a patient by a practitioner, satisfactory review of a
practitioner's medical credentials, satisfactory review of the
prescription drug monitoring program in the case of a caregiver
and satisfactory review of the Federal and Commonwealth criminal
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history record information in the case of a caregiver, the
department shall issue an identification card to a patient or
caregiver. The identification card shall permit a patient or
caregiver to access medical marijuana in accordance with this
act.
(b) Expiration.--An identification card shall expire within
one year from the date of issuance, upon the death of the
patient, or as otherwise provided in this section. The
department shall specify the form of application for an
identification card. The department shall provide the form upon
request, and the form shall be available electronically via the
department's publicly accessible Internet website.
(c) Separate cards to be issued.--The department shall issue
separate identification cards for patients and caregivers as
soon as reasonably practicable after receiving a completed
application, unless it determines that the application is
incomplete or factually inaccurate, in which case it shall
promptly notify the applicant.
(d) Change in name or address.--A patient or caregiver who
has been issued an identification card shall notify the
department within 10 days of any change of name or address. In
addition, with respect to the patient, the patient shall notify
the department within 10 days if the patient no longer has the
serious medical condition noted on the certification.
(e) Lost or defaced card.--In the event of a lost, stolen,
destroyed or illegible identification card, the patient or
caregiver shall apply to the department within 10 business days
of discovery of the loss or defacement of the card for a
replacement card. The application for a replacement card shall
be on a form furnished by the department and accompanied by a
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$25 fee. The department may establish higher fees for issuance
of second and subsequent replacement identification cards. The
department may waive or reduce the fee in cases of demonstrated
financial hardship. The department shall issue a replacement
identification card as soon as practicable. The card may contain
a different identification number. A patient or caregiver may
not obtain medical marijuana until the patient receives the
replacement card.
Section 506. Process for obtaining or renewing an
identification card.
(a) Requirements.--The following apply:
(1) To obtain, amend or renew an identification card, a
patient or caregiver shall file an application with the
department.
(2) In the case of a patient, the application shall
include the following:
(i) The patient's certification. A new certification
must be provided with a renewal application.
(ii) The name, address and date of birth of the
patient.
(iii) The date of the certification.
(iv) If the patient has an identification card based
on a current valid certification, the identification
number and expiration date of that identification card.
(v) The specified date until which the patient would
benefit from medical marijuana, if the certification
states such a date.
(vi) The name, address and telephone number of the
certifying practitioner.
(vii) Other information required by the department.
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(3) If the patient designates a caregiver, the
application shall include the name, address and date of birth
of the caregiver, and other individual identifying
information required by the department.
(4) In the case of a caregiver, the application shall
include the following:
(i) Federal and Commonwealth criminal history record
information as set forth in subsection (b).
(ii) The name, address and date of birth of the
caregiver.
(iii) If the caregiver has an identification card,
the identification number and expiration date of the
identification card.
(iv) Other information required by the department.
(5) The application shall be signed and dated by the
patient or caregiver, as appropriate.
(6) The application shall be accompanied by a fee of
$50. The department may waive or reduce the fee in cases of
demonstrated financial hardship.
(7) The department may prescribe any other requirements
for the application.
(b) Requirement.--The following apply:
(1) In each case before approving the application to be
a caregiver, the department shall review the applicant's
Federal and Commonwealth criminal history record information
and the prescription drug monitoring program with respect to
the caregiver to determine if the caregiver has a history of
drug abuse or a history of diversion of controlled substances
or illegal drugs. The department may, within its discretion,
deny an application to become a caregiver if the applicant
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has a history of drug abuse or a history of diverting
controlled substances or illegal drugs. The department shall
deny the application to be a caregiver if the applicant has
been convicted of any criminal offense related to sale or
possession of drugs, narcotics or other controlled substances
within the last five years.
(2) Notwithstanding any provision of law to the contrary
and in order to fulfill the requirements of this subsection,
the Pennsylvania State Police shall, at the request of the
department, provide criminal history background
investigations, which shall include records of criminal
arrests and convictions, no matter where occurring, including
Federal criminal history record information, on applicants
for the position of caregiver. For purposes of approving
applicants to become caregivers, the department shall request
the information set forth in this paragraph for each
applicant who seeks to become a caregiver. The department may
receive and retain information otherwise protected by 18
Pa.C.S. Ch. 91 (relating to criminal history record
information).
(c) Notice.--An application for an identification card shall
include notice that a false statement made in the application is
punishable under the applicable provisions of 18 Pa.C.S. Ch. 49
(relating to falsification and intimidation).
Section 507. Special conditions.
The following apply:
(1) If the practitioner states in the certification
that, in the practitioner's professional opinion, the patient
would benefit from medical marijuana only until a specified
earlier date, then the identification card shall expire on
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that date.
(2) If the practitioner reissues a certification which
terminates a certification on an earlier date, then a
replacement identification card shall be issued with the
earlier expiration date. The original identification card
shall be promptly returned by the patient to the department.
(3) If the certification so provides, the identification
card shall state any requirement or limitation by the
practitioner as to the form of medical marijuana for the
patient.
Section 508. Minors.
If a patient is under 18 years of age, the following apply:
(1) The patient shall have a caregiver.
(2) A caregiver must be one of the following:
(i) A parent or legal guardian of the patient.
(ii) An individual designated by a parent or legal
guardian.
(iii) An appropriate individual approved by the
department upon a sufficient showing that no parent or
legal guardian is appropriate or available.
Section 509. Caregiver authorization and limitations.
(a) Age.--An individual who is under 21 years of age may not
be a caregiver unless a sufficient showing, as determined by the
department, is made to the department that the individual should
be permitted to serve as a caregiver.
(b) Changing caregiver.--If a patient wishes to change or
terminate the designation of the patient's caregiver, for
whatever reason, the patient shall notify the department as soon
as practicable. The department shall issue a notification to the
caregiver that the caregiver's identification card is invalid
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and must be promptly returned to the department.
(c) Denial in part.--If an application of a patient
designates an individual as a caregiver who is not authorized to
be a caregiver, that portion of the application shall be denied
by the department. The department shall review the balance of
the application and may approve that portion of it.
Section 510. Contents of identification card.
An identification card shall contain the following:
(1) The name of the patient and the caregiver, as
appropriate. The identification card shall also state whether
the individual is designated as a patient or as a caregiver.
(2) The date of issuance and expiration date.
(3) An identification number for the patient and
caregiver, as appropriate.
(4) A photograph of the individual to whom the
identification card is being issued, whether the individual
is a patient or a caregiver. The method of obtaining the
photograph shall be specified by the department by
regulation. The department shall provide reasonable
accommodation for a patient who is confined to the patient's
home or is in inpatient care due to a serious medical
condition.
(5) Any requirement or limitation set by the
practitioner as to the form of medical marijuana.
(6) Any other requirements determined by the department,
except the department may not require that an identification
card disclose the patient's serious medical condition.
Section 511. Suspension.
If a patient or caregiver intentionally, knowingly or
recklessly violates any provision of this act as determined by
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the department, the identification card of the patient or
caregiver may be suspended or revoked. The suspension or
revocation shall be in addition to any criminal or other penalty
that may apply.
Section 512. Use of prescription drug monitoring program.
(a) Requirement.--A practitioner shall consult the
prescription drug monitoring program each time prior to
authorizing the use of medical marijuana for a patient and each
time prior to changing the form of medical marijuana for a
patient.
(b) Other access by practitioner.--A practitioner may access
the prescription drug monitoring program to:
(1) Determine whether a patient may be under treatment
with a controlled substance by another physician or other
person.
(2) Allow the practitioner to review the patient's
controlled substance history as deemed necessary by the
practitioner.
(3) Provide to the patient, or caregiver on behalf of
the patient if authorized by the patient, a copy of the
patient's controlled substance history.
Section 513. Prohibitions.
The following prohibitions shall apply:
(1) A patient may not operate or be in physical control
of any of the following while under the influence with a
blood content of more than 10 nanograms of active
tetrahydrocannabis per milliliter of blood in serum:
(i) Chemicals which require a permit issued by the
Federal Government or a state government or an agency of
the Federal Government or a state government.
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(ii) High-voltage electricity or any other public
utility.
(2) A patient may not perform any employment duties at
heights or in confined spaces, including, but not limited to,
mining while under the influence of medical marijuana.
(3) A patient may be prohibited by an employer from
performing any task which the employer deems life-
threatening, to either the employee or any of the employees
of the employer, while under the influence of medical
marijuana. The prohibition shall not be deemed an adverse
employment decision even if the prohibition results in
financial harm for the patient.
(4) A patient may be prohibited by an employer from
performing any duty which could result in a public health or
safety risk while under the influence of medical marijuana.
The prohibition shall not be deemed an adverse employment
decision even if the prohibition results in financial harm
for the patient.
CHAPTER 7
MEDICAL MARIJUANA ORGANIZATIONS
Section 701. Medical marijuana organizations.
The growing, acquiring, possessing, manufacturing, selling,
delivering, transporting, distributing or dispensing of medical
marijuana by a medical marijuana organization, including a
clinical registrant under Chapter 20, under this act and in
accordance with regulations promulgated by the department under
this act shall be lawful.
Section 702. Laboratory.
A grower/processor shall contract with an independent
laboratory to test the medical marijuana produced by the
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grower/processor. The department shall approve the laboratory
and require that the laboratory report testing results in a
manner as the department shall determine, including requiring a
test at harvest and a test at final processing.
Section 703. Dispensing to patients and caregivers.
(a) General rule.--A dispensary may dispense medical
marijuana to a patient or caregiver upon presentation to the
dispensary of a valid identification card for that patient or
caregiver. The dispensary shall provide to the patient or
caregiver a receipt, as appropriate. The receipt shall include
all of the following:
(1) The name, address and identification number of the
dispensary.
(2) The name and identification number of the patient
and caregiver.
(3) The date the medical marijuana was dispensed.
(4) Any requirement or limitation by the practitioner as
to the form of medical marijuana for the patient.
(5) The form and the quantity of medical marijuana
dispensed.
(b) Record retention.--The dispensary shall retain the
following for six years:
(1) A copy of the patient's or caregiver's
identification card, as appropriate.
(2) The receipt, which may be retained in electronic
form.
(c) Filing with department.--Prior to dispensing medical
marijuana to a patient or caregiver, the dispensary shall file
the receipt information with the department by electronic means
on a real-time basis as the department shall require. The
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department shall immediately enter the information into the
separate, electronic database established under section 301(1.1)
for use by the department and dispensaries to inhibit diversion
and other unlawful use of medical marijuana. When filing receipt
and certification information electronically under this
subsection, the dispensary shall dispose of any electronically
recorded prescription certification information as provided by
regulation.
(d) Limitations.--No dispensary may dispense to a patient or
caregiver:
(1) a quantity of medical marijuana greater than that
which the patient or caregiver is permitted to possess under
the certification; or
(2) a form of medical marijuana prohibited by this act.
(e) Supply.--When dispensing medical marijuana to a patient
or caregiver, the dispensary may not dispense an amount greater
than a 30-day supply until the patient has exhausted all but a
seven-day supply provided pursuant to a previously issued
certification.
(f) Verification.--Prior to dispensing medical marijuana to
a patient or caregiver, the dispensary shall verify the
information in subsections (e) and (g) by consulting the
database established under section 301(1.1).
(g) Form of medical marijuana.--Medical marijuana dispensed
to a patient or caregiver by a dispensary shall conform to any
requirement or limitation set by the practitioner as to the form
of medical marijuana for the patient.
(h) Safety insert.--When a dispensary dispenses medical
marijuana to a patient or caregiver, the organization shall
provide to that patient or caregiver, as appropriate, a safety
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insert. The insert shall be developed and approved by the
department. The insert shall provide the following information:
(1) Lawful methods for administering medical marijuana
in individual doses.
(2) Any potential dangers stemming from the use of
medical marijuana.
(3) How to recognize what may be problematic usage of
medical marijuana and how to obtain appropriate services or
treatment for problematic usage.
(4) How to prevent or deter the misuse of medical
marijuana by minors or others.
(5) Any other information as determined by the
department.
(i) Sealed and labeled package.--Medical marijuana shall be
dispensed by a dispensary to a patient or caregiver in a sealed
and properly labeled package. The labeling shall contain the
following:
(1) The information required to be included in the
receipt provided to the patient or caregiver, as appropriate,
by the dispensary.
(2) The packaging date.
(3) Any applicable date by which the medical marijuana
should be used.
(4) A warning stating:
"This product is for medicinal use only. Women should not
consume during pregnancy or while breastfeeding except on the
advice of the practitioner who issued the certification and
in the case of breastfeeding, the infant's pediatrician. This
product might impair the ability to drive or operate heavy
machinery. Keep out of reach of children."
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(5) The amount of individual doses contained within the
package and the species and percentage of
tetrahydrocannabinol and cannabidiol.
(6) A warning that the medical marijuana must be kept in
the original container in which it was dispensed.
(7) A warning that unauthorized use is unlawful and will
subject the person to criminal penalties.
(8) Any other information required by the department.
(j) Convictions prohibited.--The following individuals may
not hold volunteer positions or positions with remuneration in
or be affiliated with a medical marijuana organization,
including a clinical registrant under Chapter 20, in any way if
the individual has been convicted of any criminal offense
related to the sale or possession of illegal drugs, narcotics or
controlled substances:
(1) Financial backers.
(2) Principals.
(3) Employees.
Section 704. Pricing.
The following apply:
(1) Each sale of medical marijuana by a dispensary shall
not exceed the maximum price determined by the department
through regulation. A charge made or demanded for medical
marijuana by a dispensary which exceeds the maximum price
determined by the department is deemed to be a violation of
the act of December 17, 1968 (P.L.1224, No.387), known as the
Unfair Trade Practices and Consumer Protection Law.
(2) The department shall set the maximum per-dose price
of each form of medical marijuana dispensed by a dispensary.
In setting the maximum per-dose price, the department shall
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