H1024B1596A01179 PWK:EJH 05/25/21 #90 A01179
AMENDMENTS TO HOUSE BILL NO. 1024
Sponsor: REPRESENTATIVE DeLISSIO
Printer's No. 1596
Amend Bill, page 1, line 21, by inserting after
"requirements;"
in Medical Marijuana Advisory Board, further providing for
advisory board and for regulations based on recommendations
of advisory board;
Amend Bill, page 1, line 25, by striking out ""caregiver"
and" and inserting
"caregiver,"
Amend Bill, page 1, line 26, by inserting after "care""
and "serious medical condition"
Amend Bill, page 2, by inserting between lines 20 and 21
"Serious medical condition." Any of the following:
(1) Cancer, including remission therapy.
(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]
central nervous system with objective neurological indication
of intractable spasticity and other associated neuropathies.
(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
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contraindicated or ineffective].
(17) Autism.
(18) Neurodegenerative diseases.
(19) Terminal illness.
(20) Dyskinetic and spastic movement disorders.
(21) Opioid use disorder for which conventional
therapeutic interventions are contraindicated or ineffective,
or for which adjunctive therapy is indicated in combination
with primary therapeutic interventions.
(22) Anxiety disorders.
(23) Tourette Syndrome.
* * *
Amend Bill, page 2, line 22, by striking out "801(e)" and
inserting
801(b) and (e)
Amend Bill, page 2, line 22, by inserting after "802(a)(1)"
, 1201, 1202
Amend Bill, page 5, lines 29 and 30; page 6, lines 1 through
12; by striking out all of said lines on said pages
Amend Bill, page 6, lines 21 through 26, by striking out "FOR
THE PURPOSE OF PARAGRAPH (1), THE" in line 21 and all of lines
22 through 26 and inserting
In addition to the requirements of the department under
paragraph (1), a grower/processor shall maintain continuous
video surveillance. A grower/processor is required to retain
the recordings for a period of no less than one year, unless
otherwise required for investigative or litigation purposes.
Amend Bill, page 6, lines 27 through 30; page 7, lines 1
through 20; by striking out all of said lines on said pages and
inserting
(c) Pesticides.--The department shall establish, in
cooperation with the Department of Agriculture, a periodic
process under which pesticides may be reviewed and approved for
use by a grower/processor.
Amend Bill, page 7, line 22, by striking out "(A) GENERAL
TESTING.--"
Amend Bill, page 7, line 23, by striking out the bracket
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before "AN"
Amend Bill, page 7, line 23, by striking out "] ONE OR MORE
INDEPENDENT LABORATORIES"
Amend Bill, page 7, line 27, by striking out the bracket
before the comma after "DETERMINE"
Amend Bill, page 7, line 28, by striking out "] OF"
Amend Bill, page 8, lines 1 through 12, by striking out all
of said lines
Amend Bill, page 8, by inserting between lines 14 and 15
(b) Requirements.--A dispensary shall have a physician or a
pharmacist [onsite] available, either in person or remotely, to
verify patient certifications and to consult with patients and
caregivers at all times during the hours the dispensary is open
to receive patients and caregivers. If a dispensary has more
than one separate location, a physician assistant or a certified
registered nurse practitioner may [be onsite at] cover each of
the other locations in lieu of the physician or pharmacist. A
physician, a pharmacist, a physician assistant or a certified
registered nurse practitioner shall, prior to assuming duties
under this paragraph, successfully complete the course
established in section 301(a)(6). A physician may not issue a
certification to authorize patients to receive medical marijuana
or otherwise treat patients at the dispensary.
* * *
Amend Bill, page 8, by inserting between lines 28 and 29
Section 1201. Advisory board.
* * *
(j) Duties.--The advisory board shall have the following
duties:
(1) To examine and analyze the statutory and regulatory
law relating to medical marijuana within this Commonwealth.
(2) To examine and analyze the law and events in other
states and the nation with respect to medical marijuana.
(3) To accept and review written comments from
individuals and organizations about medical marijuana.
(4) To issue [two years after the effective date of this
section a written report] written reports to the Governor,
the Senate and the House of Representatives no more
frequently than annually.
(5) The written [report] reports under paragraph (4)
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shall include recommendations and findings as to the
following:
(i) Whether to change the types of medical
professionals who can issue certifications to patients.
(ii) Whether to change, add or reduce the types of
medical conditions which qualify as serious medical
conditions under this act.
(iii) Whether to change the form of medical
marijuana permitted under this act.
(iv) Whether to change, add or reduce the number of
growers/processors or dispensaries.
(v) How to ensure affordable patient access to
medical marijuana.
[(vi) Whether to permit medical marijuana to be
dispensed in dry leaf or plant form, for administration
by vaporization.]
(6) The [final written report] written reports issued
under this section shall be adopted at a public meeting. The
[report] reports shall be a public record under the act of
February 14, 2008 (P.L.6, No.3), known as the Right-to-Know
Law.
Section 1202. Regulations based on recommendations of advisory
board.
After receiving [the] a report of the advisory board under
section 1201(j)(4), at the discretion of the secretary, the
department may promulgate regulations to effectuate
recommendations made by the advisory board. The secretary shall
issue notice in the Pennsylvania Bulletin within 12 months of
the receipt of [the] a report of the advisory board. The notice
shall include the recommendations of the advisory board and
shall state the specific reasons for the decision of the
secretary on whether or not to effectuate each recommendation.
Amend Bill, page 9, line 6, by striking out "in 60 days" and
inserting
immediately
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