PRIOR PRINTER'S NO. 1701
PRINTER'S NO. 2221
THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY FOLMER, LEACH, TEPLITZ, FERLO, FONTANA, FARNESE, WILEY, BLAKE, WHITE, STACK, WILLIAMS, WOZNIAK, TARTAGLIONE, SCHWANK, DINNIMAN, YUDICHAK AND SMITH, JANUARY 15, 2014
SENATOR MCILHINNEY, LAW AND JUSTICE, AS AMENDED, JUNE 27, 2014
<-7Section 1. Short title.
10Section 2. Definitions.
14"Board." The Medical Cannabis Board.
15"Bona fide medical professional-patient relationship." A
16physician, registered nurse practitioner, dentist or
17psychiatrist who has completed a full assessment of the
18patient's medical history and current medical condition,
1including a personal examination.
4"Cannabidiol" or "CBD." A main cannabinoid present in the
5naturally growing populations and in the industrially cultivated
6varieties of Cannabis sativa L which is not psychoactive and has
7several pharmacological properties, including acting as a
8powerful anti-inflammatory, neuroprotective and antioxidant
14"Caregiver." A person who is:
15(1) At least 18 years of age.
24(5) Is not the patient's physician.
5"Compassionate care center." A nonprofit facility where
6cannabis in any form, including dried cannabis flowers, cannabis
7concentrate and cannabis-infused products, may be stored and
8dispensed, under the supervision of a registered nurse, for
9medical use to registered patients or caregivers.
13"Debilitating medical condition." Any of the following:
14(1) Cancer or the treatment of cancer.
15(2) Glaucoma or the treatment of glaucoma.
25(i) Cachexia or wasting syndrome.
26(ii) Severe or chronic pain.
27(iii) Severe nausea.
30(v) Severe and persistent muscle spasms, including
3(vi) Intractable pain.
4(6) Any other medical condition or its treatment that is
5recognized by licensed medical authorities attending to a
6patient as being treatable with cannabis in a manner that is
7superior to treatment without cannabis.
11"Medical cannabis identification card." A document issued by
12the board that identifies a person as a patient or caregiver.
13The term includes a medical cannabis identification card or its
14equivalent issued by another state to permit the medical use of
15cannabis by a patient or to permit a person to assist with a
16patient's medical use of cannabis.
17"Medical professional." A physician, registered nurse
18practitioner, dentist, physician assistant, nurse midwife,
19psychiatrist or other professional who is licensed under the
20laws of this Commonwealth and is permitted to prescribe Schedule
21III medication under the Controlled Substance, Drug Device and
23"Medical use." The acquisition, possession, cultivation,
24manufacture, use, delivery, transfer or transportation of
25cannabis or paraphernalia relating to a patient's consumption or
26production of cannabis to alleviate the symptoms or effects of
27the patient's debilitating medical condition.
6"Physician." A person licensed to practice medicine and
7surgery under the act of December 20, 1985 (P.L.457, No.112),
8known as the Medical Practice Act of 1985. The term includes a
9person licensed to practice osteopathic medicine and surgery
10under the act of October 5, 1978 (P.L.1109, No.261), known as
11the Osteopathic Medical Practice Act.
12"Physician assistant." A person licensed as a physician
13assistant under the act of October 5, 1978 (P.L.1109, No.261),
14known as the Osteopathic Medical Practice Act, or under the act
15of December 20, 1985 (P.L.457, No.112), known as the Medical
16Practice Act of 1985.
1patient has a bona fide medical professional-patient
2relationship, stating that in a medical professional's opinion,
3after having completed a full assessment of the patient's
4medical history and current medical condition, the patient has a
5debilitating medical condition for which the potential benefits
6of the medical use of cannabis would most likely be superior to
7treatment without the medical use of cannabis.
8Section 3. Board and bureau.
16(b) Advisory council.--The board shall consult with an
17advisory council as necessary, and the council shall perform an
18oversight role for the board by performing tasks that include
19reviewing written certifications. The advisory council shall
20consist of the following members:
21(1) The Secretary of Health of the Commonwealth.
22(2) The Secretary of Agriculture of the Commonwealth.
25(4) The head of the bureau.
26(5) The chairman of the board.
27(6) The solicitor for the board.
28(7) A member of the Pennsylvania Medical Association.
1(9) A member of the Pennsylvania Dental Association.
4(11) A member of the Pennsylvania Psychiatric Society.
5(c) Bureau of Consumer Relations.--The board shall establish
6the Bureau of Consumer Relations which shall be responsible for
7handling all consumer complaints and suggestions. The Bureau of
8Consumer Relations shall develop a systemwide program for
9investigating all complaints and suggestions and implementing
10improvements. The management of the Bureau of Consumer Relations
11shall be vested in a director who shall be assisted by other
12personnel as the board deems necessary.
13(d) Administrative code.--Except as otherwise provided by
14law, the board, bureau and other divisions created under this
15act shall be subject to the act of April 9, 1929 (P.L.177,
16No.175), known as The Administrative Code of 1929, which apply
17generally to independent administrative boards and commissions.
18(1) The board, the members, the bureau and all employees
19of the board and bureau shall be subject to the act of July
2019, 1957 (P.L.1017, No.451), known as the State Adverse
21Interest Act and the act of October 4, 1978 (P.L.883,
22No.170), referred to as the Public Official and Employee
24(2) Membership on the board and employment or continued
25employment as an employee of the board, the bureau or another
26division shall be conditioned upon compliance with the
27provisions of the acts in paragraph (1). Acceptance or
28retention of employment shall be deemed as voluntary consent
29to submit to the financial reporting requirements of the
30Public Official and Employee Ethics Law as a condition of
1employment. Failure to timely comply with the requirements
2shall result in immediate termination of employment. The
3board and the bureau shall be subject to 65 Pa.C.S. Ch. 11
4(relating to ethics standards and financial disclosure).
5Section 4. Members of the board.
6(a) Appointment, terms and salaries.--
7(1) The board shall consist of three members appointed
8by the Governor by and with the advice and consent of two-
9thirds of all the members of the Senate. Not more than two of
10the members shall be from the same political party as the
12(2) Of the members first appointed after the effective
13date of this section, one member shall serve a term of three
14years, one member shall serve a term of four years and one
15member shall serve a term of five years. Subsequent terms
16shall be for four years, ending on the third Tuesday in May.
4(iv) Be not less than 21 years of age.
8(3) A board member must devote full time to the member's
9official duties. A board member may not hold an office or
10position if the duties of the office or position are
11incompatible with the member's board duties.
12(c) Chair of board.--
13(1) The Governor shall designate one of the board
14members as chair, and the chair shall serve at the pleasure
15of the Governor. When present, the chair shall preside at all
16meetings. In the chair's absence, a member designated by the
17chair shall preside.
21(d) Secretary of board.--The board may appoint a secretary
22to hold office at the board's pleasure. If appointed, the
23secretary shall have powers and shall perform duties not
24contrary to law as the board shall prescribe. The secretary
25shall receive compensation as the board determines with the
26approval of the Governor. The secretary shall have power and
27authority to designate one of the clerks appointed by the board
28to perform the duties of the secretary during the secretary's
29absence. The appointed clerk shall exercise the powers of the
30secretary of the board for the time designated.
1Section 5. Powers and duties.
9(3) To establish an application process for commercial
10medical cannabis farms, commercial medical cannabis
11manufacturers, compassionate care centers, medical cannabis
12identification cards and transportation licenses.
16(5) To issue medical cannabis identification cards.
29(11) To issue penalties and fines.
30(12) Through the Department of General Services as
4(13) To appoint, fix the compensation of and define the
5powers and duties of managers, officers, inspectors,
6examiners, clerks and other employees as required for the
7operation of this act, subject to act of April 9, 1929
8(P.L.177, No.175), known as The Administrative Code of 1929
9and the act of August 5, 1941 (P.L.752, No.286), known as the
10Civil Service Act.
1(3) Sale of medical cannabis within this Commonwealth.
4(5) Qualifications for licenses, fees and duration.
7(7) Registration of brands.
8(8) Price changes for medicinal cannabis.
13(11) The labeling of medical cannabis.
19(14) Limitations in the public interest on a
20debilitating medical condition or treatment not specifically
21included in this act which may be recognized by licensed
22medical authorities as being treatable with cannabis in a
23manner that is superior to treatment without cannabis.
4(2) A person who obtains financial gain as a result of
5violating a provision of this subsection, in addition to any
6other penalty provided by law, shall pay to the board a civil
7penalty equal to three times the financial gain resulting
8from the violation.
12(d) Investigative unit.--
13(1) The board shall establish an investigative unit that
14shall be responsible for implementing and monitoring
15compliance with the provisions of and regulations made under
16this act relating to medical cannabis and the medical
18(2) The duties of the investigative unit shall include:
26(iv) Handling applications for brand registration.
6(e) Legal opinions.--Upon written request by a licensee, the
7board or the board's counsel shall issue a legal opinion
8regarding subject matter relating to this act or a regulation
9promulgated under this act. The legal opinion shall be binding
10on the bureau.
11(f) Reports.--The board and bureau must report twice a year
12to the President pro tempore of the Senate and the Speaker of
13the House of Representatives. The report shall provide
14information that includes the following:
21Section 6. Enforcement.
24(1) To initiate an investigation if reasonable grounds
25exist to believe medical cannabis is being sold on unlicensed
26premises. If the investigation produces evidence of the
27unlawful sale of medical cannabis or another violation of
28this act, the officer involved in the investigation shall
29institute criminal proceedings against the person believed to
30have been criminally liable.
1(2) For uniformed law enforcement officers to arrest on
2view, except in private homes, or with a warrant a person
3engaged in any of the following activities contrary to this
4act or another law of this Commonwealth:
5(i) Unlawful sale of medical cannabis.
6(ii) Unlawful importation of medical cannabis.
7(iii) Unlawful manufacture of medical cannabis.
8(iv) Unlawful transportation of medical cannabis.
9(v) Unlawful possession of medical cannabis.
10(vi) Unlawful growing of medical cannabis.
11(3) For uniformed law enforcement officers to arrest on
12view, except in private homes, or with a warrant a person
13whom the officer or investigator, while in the performance of
14assigned duties under this act and regulations promulgated
15under this act, observes to be in violation of any of the
21(iii) 18 Pa.C.S. § 4101 (relating to forgery).
7(ii) Medical cannabis equipment, materials,
8utensils, vehicles, boats, vessels or aircraft that have
9been seized shall be disposed of as provided in this act
10and in regulations promulgated under this act.
13(i) A violation of this act.
14(ii) A violation of a regulation of the board.
17(6) For uniformed law enforcement officers to arrest a
18person who engages in the following offenses when the
19offenses are committed against the investigator or a person
20accompanying and assisting the investigator while the
21investigator is performing assigned duties under this act and
22the regulations promulgated under this act:
23(i) 18 Pa.C.S. § 2701 (relating to simple assault).
30(v) 18 Pa.C.S. § 2709 (relating to harassment).
3(vii) 18 Pa.C.S. § 5501 (relating to riot).
7(8) To arrange for the administration of chemical tests
8of blood or urine to a person for the purpose of determining
9the tetrahydrocannabinol content of blood or the presence of
10a controlled substance by qualified personnel of a State or
11local police department or qualified personnel of a clinical
12laboratory licensed and approved by the Department of Health.
13(b) Confiscation.--Equipment or appurtenance actually used
14in the commission of the unlawful acts may be confiscated. The
15confiscation shall not divest or impair the rights or interest
16of a bona fide lien holder in the equipment or appurtenance.
17(c) Officer.--The Commissioner of Pennsylvania State Police
18shall assign Pennsylvania State Police officers to supervisory,
19training and other capacities in the bureau as the Commissioner
20deems necessary. All other personnel of the bureau shall be
21nonlaw enforcement personnel. Only law enforcement officers
22shall have the authority to make an arrest under this act.
23(d) Representation.--The Office of Chief Counsel for the
24Pennsylvania State Police shall represent the bureau in all
25enforcement proceedings brought before the office of
26administrative law judge or other adjudicatory body.
27(e) Nonlaw enforcement agent.--Nothing under this act shall
28be construed to change the status of a nonlaw enforcement
29personnel member who is an enforcement agent for the purposes of
30the act of July 23, 1970 (P.L.563, No.195), known as the Public
1Employe Relations Act or cause nonlaw enforcement agents to be
2considered policemen for the purposes of the act of June 24,
31968 (P.L.237, No.111), referred to as the Policemen and Firemen
4Collective Bargaining Act.
5(f) Information.--The Pennsylvania State Police shall
6provide the chairman and minority chairman of the Appropriations
7Committee of the Senate and the chairman and minority chairman
8of the Appropriations Committee of the House of Representatives:
9(1) Other information as requested.
10(2) The following:
17Section 7. Office of administrative law judge.
21(b) Judges.--The Governor shall appoint from a list of
22qualified candidates submitted by the Civil Service Commission
23after appropriate examination under the act of August 5, 1941
24(P.L.752, No.286), known as the Civil Service Act, as many
25administrative law judges as the board, with the approval of the
26Governor, deems necessary for the holding of hearings required
27or permitted under this act. The Governor shall designate one of
28the civil service appointees as the chief administrative law
30(c) Authority.--An administrative law judge shall preside at
3(d) Qualifications.--An administrative law judge appointed
4under this section shall be an attorney in good standing before
5the Pennsylvania Supreme Court in the law and shall be a member
6in good standing of the bar of the Pennsylvania Supreme Court.
9(f) Limitations.--An administrative law judge shall devote
10full time to the judge's official duties and may not perform a
11duty inconsistent with the judge's duties and responsibilities
12as administrative law judge.
16(h) Hearings.--The board shall employ a complement of five
17administrative law judges who have been appointed by the
18Governor. An appointed judge who has been selected by the board
19shall conduct a licensing hearing as required by this act.
20(i) Construction.--Nothing in this section or this act shall
21be construed or intended to change the terms and conditions of
22employment of the five hearing examiners selected by the board
23under subsection (h).
24Section 8. Medical use permitted.
25(a) Freedom from arrest, prosecution or penalty.--
26(1) A patient who possesses a valid medical cannabis
27identification card shall not be subject to detrimental
28action including arrest, prosecution, penalty, denial of a
29right or privilege, civil penalty or disciplinary action by a
30professional licensing board for the medical use of cannabis.
4(2) There shall exist a rebuttable presumption that a
5patient is engaged in the medical use of cannabis if the
6patient possesses a valid medical cannabis identification
7card. The presumption may be rebutted by evidence that
8conduct related to cannabis was not for the purpose of
9alleviating the symptoms or effects of a patient's
10debilitating medical condition.
11(3) A patient may assert the medical use of cannabis as
12an affirmative defense to a prosecution involving cannabis
13unless the patient was in violation of this section when the
14events giving rise to the prosecution occurred. The defense
15shall be presumed valid if the evidence shows both of the
18(A) the patient's medical records and current
19medical condition made in the course of a bona fide
20medical professional-patient relationship indicate
21the potential benefits of the medical use of cannabis
22would likely outweigh the health risks for the
24(B) a medical professional stated that in the
25medical professional's opinion, after completing a
26full assessment of the patient's medical history and
27current medical condition, the potential benefits of
28the medical use of cannabis would likely outweigh the
29health risks for the patient; and
30(ii) the patient and the patient's caregiver were
4(4) Possession of or application for a medical cannabis
5identification card may not alone constitute probable cause
6to search a person, the property of the person possessing or
7applying for the medical cannabis identification card or
8otherwise subject the person or his property to inspection by
9a governmental agency.
17(1) The patient's medical professional has explained to
18the patient and the patient's custodial parent, guardian or
19person having legal custody the potential risks and benefits
20of the medical use of cannabis.
23(i) Allow the patient's medical use of cannabis.
24(ii) Serve as the patient's caregiver.
27(c) Immunity of caregiver.--
1denial of a right or privilege, civil penalty or disciplinary
2action by a professional licensing board for assisting a
3patient to whom the caregiver is connected through the
4board's registration process with the medical use of
5cannabis. Law enforcement personnel may not unreasonably
6detain, question or arrest or repeatedly detain, question or
7arrest a caregiver for assisting the patient.
8(2) There shall exist a rebuttable presumption that a
9caregiver is engaged in the medical use of cannabis if the
10caregiver possesses a valid medical cannabis identification
11card. The presumption may be rebutted by evidence that
12conduct related to cannabis was not for the purpose of
13alleviating the symptoms or effects of a patient's
14debilitating medical condition.
15(3) A caregiver may assert the medical use of cannabis
16as an affirmative defense to a prosecution involving cannabis
17unless the caregiver was in violation of this section when
18the events giving rise to the prosecution occurred. The
19defense shall be presumed valid if the evidence shows either
20of the following at the time of the events giving rise to the
22(i) The patient's medical records and current
23medical condition made in the course of a bona fide
24medical professional-patient relationship indicate the
25potential benefits of the medical use of cannabis would
26likely outweigh the health risks for the patient.
27(ii) A medical professional stated that in the
28medical professional's opinion, after completing a full
29assessment of the patient's medical history and current
30medical condition, the potential benefits of the medical
3(4) Possession of or application for a medical cannabis
4identification card shall not alone constitute probable cause
5to search a person, property of a person possessing or
6applying for the medical cannabis identification card or
7otherwise subject the person or the person's property to
8inspection by a governmental agency.
9(5) Law enforcement officials may not destroy, damage or
10alter a patient's supply of medical cannabis which is in the
11possession of the caregiver if the caregiver is in possession
12of a medical cannabis identification card.
13(d) Immunity of a medical professional.--A physician,
14psychiatrist, registered nurse practitioner or dentist shall not
15be subject to detrimental action including arrest, prosecution,
16penalty, denial of a right or privilege, civil penalty or
17disciplinary action by the State Board of Medicine for providing
18written certification for the medical use of cannabis to a
19patient in accordance with this act.
20(e) Personal proximity.--A person shall not be subject to
21arrest or prosecution for constructive possession, conspiracy or
22another offense for being in the presence or vicinity of the
23medical use of cannabis as permitted under this act.
24(f) Restriction.--An individual who has been sentenced for a
25violation of 75 Pa.C.S. § 3550 (relating to pedestrians under
26influence of alcohol or controlled substance) or 3802 (relating
27to driving under the influence of alcohol or controlled
28substance) shall not be disqualified from obtaining or
29possessing a valid medical cannabis identification card on the
30basis of the offense.
1Section 9. Medical cannabis identification card.
2(a) Registry.--The board shall establish a registry and
3issue a registry identification card, known as a medical
4cannabis identification card, to a patient who submits all of
5the following in accordance with the board's regulations:
6(1) Written certification that the person is a patient.
10(3) The name, address and date of birth of the patient.
15(b) Issuance to qualified patient.--Before issuing a medical
16cannabis identification card, the board shall verify the
17information contained in the application or renewal form
18submitted under this section. The board shall approve or deny an
19application or renewal in accordance with the following:
6(c) Issuance to caregiver.--The board shall issue a medical
7cannabis identification card to the caregiver named in a
8patient's approved application if the caregiver signs a
9statement agreeing to provide cannabis only to the patient who
10has named him or her as caregiver.
13(1) The name, address and date of birth of the patient.
18(4) Photo identification of the cardholder.
21(e) Changes in listed information.--A patient who has been
22issued a medical cannabis identification card must notify the
23board of a change in the patient's name, address, medical
24professional, caregiver or change in status of the patient's
25debilitating medical condition no later than ten days from
26change or the medical cannabis identification card shall be
27deemed null and void.
1identifying information on the list shall be confidential and
2shall not be considered a public record under the act of
3February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.
4The list may not be disclosed except to any of the following:
7(2) Authorized employees of board or bureau, only as
8necessary to verify that a person who is engaged in the
9suspected or alleged medical use of cannabis is lawfully in
10possession of a medical cannabis identification card.
11Section 10. Compassionate care center.
15(b) Processing or distribution.--A compassionate care center
16shall maintain records of all cannabis the center processes or
17distributes for medical treatment and shall make the records
18available for inspection by the board.
23(d) Professional setting.--A compassionate care center must
24be similar in appearance and function as a doctor's office that
25dispenses pharmaceuticals. The appearance and function must
26conform with regulations promulgated by the board. No medical
27cannabis products shall be visible from the exterior or the
28entryway of the compassionate care center.
2(f) Background check.--
3(1) The board shall require a prospective licensee to
4submit with the application, under 18 Pa.C.S. Ch. 91
5(relating to criminal history record information), a report
6of criminal history record information from the Pennsylvania
7State Police or a statement from the Pennsylvania State
8Police that the State Police central repository contains no
9information relating to the prospective licensee.
12(3) A violation of the Controlled Substance, Drug,
13Device and Cosmetic Act or 18 Pa.C.S. (relating to crimes and
14offenses) relating to marijuana or cannabis may not
15negatively impact the board's decision regarding the approval
16of an applicant.
17Section 11. Commercial medical cannabis farm.
18(a) License.--The board shall license a farmer to own a
19commercial medical cannabis farm for the purpose of supplying to
20licensed commercial medical cannabis manufacturers and
21compassionate care centers.
22(b) Growing and cultivating cannabis for medical
23treatment.--A commercial medical cannabis farmer must have a
24contract with a compassionate care center and a commercial
25medical cannabis manufacturer to supply medical cannabis.
26(c) Records.--A commercial medical cannabis farmer must keep
27detailed records of the medical cannabis the farmer sells to
28compassionate care centers and shall make the records available
29for inspection by the board.
30(d) Report.--Each month, a commercial medical cannabis
7(f) Background check.--
8(1) The board shall require a prospective licensee to
9submit with the application, under 18 Pa.C.S. Ch. 91
10(relating to criminal history record information), a report
11of criminal history record information from the Pennsylvania
12State Police or a statement from the Pennsylvania State
13Police that the State Police central repository contains no
14information relating to the prospective licensee.
17(3) A violation of the Controlled Substance, Drug,
18Device and Cosmetic Act or 18 Pa.C.S. (relating to crimes and
19offenses) relating to marijuana or cannabis may not
20negatively impact the board's decision regarding the approval
21of an applicant.
25Section 12. Commercial medical cannabis manufacturer.
26(a) License.--The board shall license an organic chemist to
27own a commercial medical cannabis manufacturing facility for the
28purpose of supplying a compassionate care center with useable
29medical cannabis concentrate.
30(b) Extraction method.--A commercial medical cannabis
3(c) Report.--Each month, a commercial medical cannabis
4manufacturer shall submit to the board a report which details
5the amount and what types of cannabis the manufacturer has
6distributed during the past month.
10(e) Background check.--
11(1) The board shall require a prospective licensee to
12submit with the application, under 18 Pa.C.S. Ch. 91
13(relating to criminal history record information), a report
14of criminal history record information from the Pennsylvania
15State Police or a statement from the Pennsylvania State
16Police that the State Police central repository contains no
17information relating to the prospective licensee.
20(3) A violation of the Controlled Substance, Drug,
21Device and Cosmetic Act or 18 Pa.C.S. (relating to crimes and
22offenses) relating to marijuana or cannabis may not
23negatively impact the board's decision regarding the approval
24of an applicant.
25Section 13. Commercial medical cannabis transporter.
30(b) Requirements.--A commercial medical cannabis transporter
9(c) Report.--Each month, a commercial medical cannabis
10transporter shall submit to the board a report which details the
11amount and what types of cannabis the transporter has
12transported during the past month.
16(e) Background check.--
17(1) The board shall require a prospective licensee to
18submit with the application, under 18 Pa.C.S. Ch. 91
19(relating to criminal history record information), a report
20of criminal history record information from the Pennsylvania
21State Police or a statement from the Pennsylvania State
22Police that the State Police central repository contains no
23information relating to the prospective licensee.
26(3) A violation of the Controlled Substance, Drug,
27Device and Cosmetic Act or 18 Pa.C.S. (relating to crimes and
28offenses) relating to marijuana or cannabis may not
29negatively impact the board's decision regarding the approval
30of an applicant.
1Section 14. Variety allowed, extraction method and inspection.
5(b) Extraction method.--A food-grade, ethanol-based formula
6method and water methods shall be the only acceptable methods of
7cannabis extraction in this Commonwealth, unless another method
8is deemed safer and approved by the board.
9(c) Inspection.--The board shall conduct monthly inspections
10of commercial medical cannabis farms, commercial medical
11cannabis manufacturers and compassionate care centers to ensure
12compliance with this act. If a facility is not in compliance
13with this act, the facility owners shall be fined as determined
14by the board. A fine may not exceed $5,000.
15Section 15. Operation of motor vehicles.
19(1) A vehicle.
20(2) An aircraft.
21(3) A motorboat.
22(4) Heavy machinery
28(1) A school bus or other form of public transportation.
29(2) On school grounds.
30(3) In a correctional facility.
1(4) At a public park or beach.
2(5) At a recreation center.
9Section 16. Misrepresentation prohibited.
13Section 17. Funding.
14(a) Board.--For fiscal year 2014-2015 and 2015-2016, the
15Pennsylvania Liquor Control Board shall transfer $3,000,000 to
16the board. The board shall promulgate regulations on the
17spending and accounting method to be used by the board.
21(c) Other funding.--The board may accept, from a
22governmental department or agency, public or private body or
23another source, a grant or contribution to be used to effectuate
24the purposes of this act.
25Section 18. Reports by board.
30(2) The report shall include all of the following
4(ii) The number of patients and caregivers approved.
11Section 19. Health insurance.
12Nothing in this act shall be construed to require a State
13government medical assistance program or private health insurer
14to reimburse a person for costs associated with the medical use
15of cannabis or an employer to accommodate the medical use of
16cannabis in a workplace.
17Section 20. Sovereign immunity.
21Section 21. Duty of the Pennsylvania State Police.
22The Pennsylvania State Police shall advise the board, bureau
23and caregivers on effective security measures for the possession
24and transportation of medical cannabis and shall inspect sites
26Section 22. Repeals.
27The following shall apply:
1with this act.
4Section 23. Effective date.
5This act shall take effect in 90 days.
8Section 101. Short title.
11Section 102. Definitions.
15"Authorized provider." A parent or guardian of a patient
16with a valid medical cannabis access card or an individual
17employed by a health care facility and who is authorized by the
18board to purchase, possess, transport and transfer medical
19cannabis from a medical cannabis dispenser and properly
20administer the medical cannabis to the patient in accordance
21with the recommendation of the patient's health care
23"Board." The State Board of Medical Cannabis Licensing.
26"Department." The Department of State of the Commonwealth.
27"Health care practitioner." An individual as defined under
28section 2 of the act of December 20, 1985 (P.L.457, No.112),
29known as the Medical Practice Act of 1985, who is authorized to
30prescribe Schedule III drugs under the act of April 14, 1972
11(3) An ambulatory or surgical facility.
12(4) A long-term care nursing facility.
13(5) A cancer treatment center.
14(6) A hospice care facility.
15"Medical cannabis." Plants containing cannabidiol,
16tetrahydrocannabinol or delta-9-tetrahydrocannabinol acid used
17for medical purposes or any part of a cannabis plant, including
18cannabis processed by extracting oil from the plant. The term
19includes the delivery of extracted oil, edible products,
20ointments, tinctures and vaporization or any other medical
21device used to administer medical cannabis to a patient.
22"Medical cannabis access card." A document issued by the
23Department of Health to authorize a patient or authorized
24provider to purchase and possess medical cannabis from a
25licensed medical cannabis dispenser.
30(1) An individual who meets all of the following:
1(i) Is employed with the authority to make a
2discretionary decision relating to the growing,
3processing or dispensing of medical cannabis, including a
4manager, supervisor or an individual who directly handles
8(2) Any other employee position designated by the board.
9"Medical cannabis grower." A for-profit or nonprofit entity
10licensed under section 501 who grows or cultivates medical
11cannabis for distribution to authorized medical cannabis
12processors and medical cannabis dispensers in accordance with
14"Medical cannabis processor." A for-profit or nonprofit
15entity licensed under section 502 who can purchase medical
16cannabis from a medical cannabis grower for the purpose of
17processing the medical cannabis and who can distribute medical
18cannabis to a medical cannabis dispenser as authorized under
20"Medical cannabis strains." The three types of pure cannabis
21utilized for medical purposes, cannabis sativa, cannabis indica
22and the combination of both cannabis sativa and cannabis indica,
23which create a cannabis hybrid.
24"Medical use." The acquisition, possession or use of medical
25cannabis by a patient, including the use of vaporization in the
26public domain or the acquisition, possession and delivery of
27medical cannabis by an authorized provider.
28"Owner or operator." Any of the following:
1under section 507.
14"Practitioner-patient relationship." The relationship
15established between a patient and health care practitioner
16following an assessment of the patient's medical history and
17current condition and the conduct of a personal examination.
18"Qualified medical condition." A medical condition or its
19treatment that is recognized by a licensed health care
20practitioner attending to a patient as being treatable with
21medical cannabis in a manner that is recommended by and under
22the supervision of a health care practitioner who has
23established a practitioner-patient relationship with the patient
24and has provided written certification in order to notify the
25Department of Health that the patient is to be issued a medical
26cannabis access card after authorization of the certification in
27accordance with section 512.
4"Vaporizer." A medical device that enables the inhalation of
5medical cannabis as a method of ingestion, turning medical
6cannabis into vapor and where a nontoxic water vapor is the only
7byproduct of using medical cannabis through vaporization.
10Section 301. License.
15(b) Employee.--A licensed medical cannabis grower, medical
16cannabis processor or medical cannabis dispenser may not employ
17an individual to directly participate in the growing,
18processing, delivery or dispensing of authorized medical
19cannabis unless the individual receives an occupation permit
20from the board under this act.
21Section 302. State Board of Medical Cannabis Licensing.
24(b) Composition.--The board shall consist of the following:
25(1) The Secretary of Health.
26(2) Two public members.
27(3) One member representing hospitals.
30(5) Two members who are registered nurses.
10(1) Establish procedures to operate the board.
1(1) Three members shall serve for a term of four years.
2(2) Two members shall serve for a term of three years.
3(3) Two members shall serve for a term of two years.
4(f) Quorum.--A majority of the members of the board shall
5constitute a quorum. Each member must be physically in
6attendance to be counted as part of a quorum or to vote on an
7issue. A majority of the members present shall be necessary for
8a vote to be considered binding.
11(h) Expenses.--With the exception of the Commissioner of the
12Bureau of Professional and Occupational Affairs, the Secretary
13of Health, the Secretary of State or a designee from the
14department, the Secretary of Public Welfare or a designee from
15the Department of Public Welfare, each member of the board shall
16receive $100 per diem when attending to the work of the board. A
17member shall also receive the amount of reasonable travel, hotel
18and other necessary expenses incurred in the performance of the
19member's duties in accordance with Commonwealth regulations.
20(i) Forfeiture.--A member who fails to attend three
21consecutive meetings shall forfeit the member's seat unless the
22chairman, upon written request from the member, finds that the
23member should be excused because of illness or death of a family
25(j) Frequency of meetings.--The board shall meet at least
26once per month for the first 12 months including and after the
27initial meeting required by section 302(c). After the first
28twelve months following the establishment of the board, the
29board shall meet at least six times a year and may meet at
30additional times as necessary to conduct the business of the
2Section 303. Powers and duties of the board.
3The board shall have the following powers and duties:
22(6) To investigate and conduct background checks for
23each application for a license or occupation permit to
24determine the fitness and eligibility of an individual
25applying for a license or occupation permit.
12(11) To promulgate regulations:
30(14) To submit an annual report to the Senate and the
1House of Representatives regarding the activity of the board.
2(15) To promulgate regulations within the Commonwealth,
3as to allow accredited research institutions, universities
4and colleges recognized by the Commonwealth to study and
5research the health benefits of medical cannabis.
9(17) To promulgate and enforce regulations in
10consultation with Cannabis Inflorescence, Cannabis Spp.
11Standards of Identity, Analysis and Quality Control published
12by the American Herbal Pharmacopeia, not inconsistent with
13this act as necessary to carry out the provisions of this
15Section 304. Subpoena power.
16The General Counsel of the Commonwealth, or the General
17Counsel's designee, shall have the power to issue a subpoena on
18behalf of the board in disciplinary and licensing matters before
19the board in order to investigate an alleged violation in
20accordance with the following:
4Section 305. Hearing examiners.
5(a) Appointment.--The Commissioner of the Bureau of
6Professional and Occupational Affairs, after consultation with
7the board, shall appoint hearing examiners as necessary to
8conduct hearings in disciplinary matters before the board.
9(b) Regulation.--Regulations promulgated by the board shall
10include the procedural rules to be followed by hearing examiners
11under this act. Each proceeding shall be conducted in accordance
12with 2 Pa.C.S. (relating to administrative law and procedure).
15(1) To conduct hearings.
16(2) To issue subpoenas requiring:
17(i) The attendance and testimony of individuals.
22(3) To issue decisions.
23Section 306. Civil penalties.
24(a) Authorization.--The board shall adopt a schedule of
25civil penalties for operating without a current, registered,
26unsuspended and unrevoked license or occupation permit and for
27violations of this act. The schedule shall be published in the
1may be appealed to a hearing examiner or the board pursuant to
2regulations promulgated by the board. If the matter is initially
3referred to a hearing examiner, the board shall render a
4decision on an exception to the decision of the hearing examiner
5or on any applications for review under 2 Pa.C.S. (relating to
6administrative law and procedure).
7(c) Board sanction.--
10(i) Revocation of the license of a person convicted
11of a criminal offense or violation of this act or
12regulations of the board which would disqualify the
13holder from growing, processing or dispensing medical
9(2) If the board refuses to issue or renew a license or
10occupation permit or imposes a penalty under paragraph (1),
11the board shall provide the applicant, licensee or permit
12holder with written notification of the decision, including a
13statement of the reasons for the decision by certified mail
14within five business days of the decision of the board. The
15applicant, licensee or permittee shall have the right to
16appeal the decision in accordance with 2 Pa.C.S. Chs. 5
17(relating to practice and procedure) and 7 (relating to
4(3) Assess against a respondent determined to be in
5violation of this act the costs of investigation underlying
6that disciplinary action. The cost of investigation shall not
7include costs incurred by the board after the filing of
8formal actions or disciplinary charges against a respondent.
9(e) Judgment.--A civil penalty imposed under this section
10shall be a judgment in favor of the board upon the person or
11property of the person upon whom the civil penalty is imposed.
12The Attorney General shall be responsible for enforcing the
13judgments in courts of competent jurisdiction in accordance with
14the provisions of 42 Pa.C.S. (relating to judiciary and judicial
16Section 307. Confidentiality.
17(a) General rule.--Investigative records of the board,
18including prosecutorial memos and transcripts of deposition on
19behalf of the board or concerning a licensure-related complaint
20filed with the department, shall be confidential and privileged.
21The following shall apply:
22(1) No person who has investigated or has access to or
23custody of documents, materials or information which is
24confidential and privileged under this section may be
25required to testify in a judicial or administrative
26proceeding without the written consent of the board unless
27directed to do so by a court of competent jurisdiction.
2(3) This section shall not apply to a letter or other
3document to a licensee or occupation permit holder that
4discloses the final outcome of an investigation or to a final
5adjudication or order of the board.
6(b) Disclosure permitted.---Except as provided in subsection
7(a), this section shall not prevent disclosure of documents,
8materials or information pertaining to the status of a license
9or occupation permit or the sharing of information with law
10enforcement officials or similar regulatory boards in other
11jurisdictions. A violation of this section shall subject an
12employee or agent of the board to administrative discipline,
13including discharge, suspension or other formal or appropriate
15(c) Affidavit.---Each employee or agent of the board must
16execute a confidentiality affidavit which provides that
17documents, materials or information in subsection (a) obtained
18by the employee or agent shall be considered confidential and
19may be disclosed only as permitted under this section.
25Section 501. Medical cannabis growers.
30(b) Imposition.--At the time of license issuance, the board
7(d) Update.--A licensee under this section must notify the
8board of a change relating to the status of its license or other
9information contained in its application and other information
10filed with the board.
13(f) Restriction.--There shall be no restriction on specific
14strains of medical cannabis that may be grown under this act.
15There shall be no use of genetically modified organisms or an
16organism whose genetic material has been altered using genetic
17engineering involved in the cultivation of medical cannabis.
1medical cannabis dispenser.
6Section 502. Medical cannabis processors.
10(b) Imposition.--At the time of license issuance, the board
11shall impose a licensing fee in the amount of $10,000. The board
12shall impose a $5,000 annual renewal fee for each year
13immediately following the year the license was issued.
17(d) Update.--A licensee under this section must notify the
18board of a change relating to the status of its license or other
19information contained in its application and other information
20filed with the board.
30(3) Only sell, transport or deliver medical cannabis to
1a testing laboratory or to a medical cannabis dispenser.
6Section 503. Medical cannabis dispensers.
7(a) Licensing.--The board shall license medical cannabis
8dispensers to accept medical cannabis access cards and dispense
9medical cannabis to a patient with a qualifying medical
10condition in accordance with a health care practitioner's
12(b) Imposition.--At the time of license issuance, the board
13shall impose a licensing fee in the amount of $15,000. The board
14shall impose a $7,500 annual renewal fee for each year
15immediately following the year the license was issued.
19(d) Update.--A licensee under this section must notify the
20board of a change relating to the status of its license or other
21information contained in its application and other information
22filed with the board.
3(ii) The amount of medical cannabis dispensed.
4(iii) The date of each dispensing to the cardholder.
7(4) Maintain a physical premises that meets the
8regulations of the board. Medical cannabis may not be visible
9from the entry way to an individual who is not an occupation-
10permitted employee, owner or operator of the licensed
12(5) Maintain a security system as required by the board.
20Section 504. Applications.
21(a) Application.--An application for a grower, processor or
22dispenser license must be submitted on a form and in a manner as
23required by the board. In reviewing an application, the board
24shall confirm that all applicable fees have been paid.
27(1) Disclose the following information:
30(ii) The name, address and photograph of the
9(vi) Any other information required by the board.
10(2) Consent to the conduct of a background investigation
11by the board, the scope of which shall be determined by the
12board consistent with this act. Consent shall include a
13release signed by each person subject to the investigation of
14information required to complete the investigation.
18(d) Character requirements.--Each application for a grower,
19processor or dispenser license shall include information,
20documentation and assurance required to establish by clear and
21convincing evidence that the applicant is a person of good
22character, honesty and integrity and is eligible and suitable to
23be an owner or operator. Information shall include information
24pertaining to associates during the ten-year period immediately
25preceding the filing date of the application.
26Section 505. Location.
27(a) General rule.--Except as otherwise provided under this
28act, each grower, processor and dispenser license shall be valid
29for the specific physical location within the municipality and
30county for which it was originally granted. A person may not
3(b) Zoning.--The following shall apply:
4(1) The growing of medical cannabis shall be classified
5as a normal agricultural operation as defined under section 2
6of the act of June 10, 1982 (P.L.454, No.133), referred to as
7the Right-to-Farm Law.
8(2) Facilities for the manufacturing, preparation and
9production of medical cannabis shall meet the same municipal
10zoning and land use requirements as other manufacturing,
11preparation and production facilities.
15(c) Petition.--An applicant or holder of a license under
16this act may petition the board to relocate its facility. In
17determining whether to grant a petition to relocate, the board
18shall do all of the following:
25Section 506. Change in ownership.
26The following apply to notification and approval:
27(1) A medical cannabis grower, processor or dispenser
28must notify the board upon becoming aware of a proposed or
29contemplated change of ownership or control of the licensee.
30The new owner must pay a licensing fee as determined by the
2(2) The purchaser of the assets of a medical cannabis
3grower, processor or dispenser must independently qualify for
4a license in accordance with this act and must pay the
5license fee required under this chapter.
10Section 507. Licensing of owner or operator.
22(4) Fingerprints, which shall be submitted to the
23Pennsylvania State Police. The Pennsylvania State Police
24shall submit fingerprint data to and receive national
25criminal history record information from the Federal Bureau
26of Investigation for use in investigating an applicant for an
27owner or operator license.
30(6) Details relating to a similar license, permit or
1other authorization obtained in another jurisdiction.
2(7) Any additional information required by the board.
3(c) Issuance.--Following review of the application and the
4background investigation, the board may issue an owner or
5operator license if the applicant has proven by clear and
6convincing evidence that the applicant is a person of good
7character, honesty and integrity and is eligible and suitable to
8be licensed as an owner or operator.
21(1) Verification of one of the following:
24(ii) From a health care facility that the authorized
25provider is an employee designated to purchase, possess,
26transport, deliver and properly administer medical
27cannabis to a patient with a medical cannabis access card
28who is unable to obtain the medical cannabis.
29(2) A description of employment responsibilities.
30(3) Each release necessary to obtain information from
1governmental agencies, employers and other organizations.
2(4) Fingerprints, which shall be submitted to the
3Pennsylvania State Police. The Pennsylvania State Police
4shall submit fingerprint data to and receive national
5criminal history record information from the Federal Bureau
6of Investigation for use in investigating an applicant for an
12(7) Any additional information required by the board.
13(c) Issuance.--Following review of the application and the
14background investigation, the board may issue an occupation
15permit if the applicant has proven by clear and convincing
16evidence that the applicant is a person of good character,
17honesty and integrity and is eligible and suitable to be an
18occupation permit holder.
21Section 509. Storage and transportation.
22The board shall develop regulations relating to the storage
23and transportation of medical cannabis between growers,
24processors, testing laboratories and medical cannabis dispensers
25which ensure adequate security to guard against in-transit
26losses. The regulations shall provide for the following:
5(5) Use of GPS systems.
10Section 510. Disposal and donation.
14(b) Donation.--A medical cannabis dispenser, grower and
15processor may donate medical cannabis that has been purchased or
16produced and tested in this Commonwealth in accordance with this
17act and is in new and unopened condition and can only be donated
18for researching purposes to an accredited research institution,
19university or college within this Commonwealth and recognized by
21Section 511. Testing laboratories.
24(b) Requirement.--A medical cannabis grower and a medical
25cannabis processor must utilize a certified laboratory to test
26the quality of medical cannabis before the sale or transaction
27of medical cannabis is made as required by the board.
28Section 512. Medical cannabis access card.
1medical cannabis access card.
2(b) Application.--An application for a medical cannabis
3access card shall be developed by the Department of Health.
4Applications for renewal shall be required on an annual basis.
5An authorized provider may obtain a medical cannabis access card
6on behalf of a patient.
24(i) Reciprocity.--A patient registered in another medical
25cannabis state may submit to the department the patient's
26credentials to utilize medical cannabis. After the department
27authorizes the patient's credentials, the department shall issue
28the patient a medical cannabis access card allowing the patient
29to utilize medical cannabis in this Commonwealth.
30(j) Issuance to authorized provider.--If an authorized
1provider is no longer employed with a recognized health care
2facility, the authorized provider's medical cannabis access card
3shall be made immediately null and void. A health care facility
4that employs an authorized provider to pick up and administer
5medical cannabis to its patients shall notify the Department of
6Health immediately upon the termination of the authorized
8(k) Right-to-Know Law.--
9(1) The Department of Health shall maintain a
10confidential list of each individual identified by the
11individual's medical cannabis access card who has been issued
12a medical cannabis access card. Other identifying information
13on the list shall be confidential and shall not be considered
14a public record under the act of February 14, 2008 (P.L.6,
15No.3), known as the Right-to-Know Law. The list may not be
16disclosed except to any of the following:
20(ii) Authorized employees of the board and
21Department of Health, only as necessary to verify that a
22person who is engaged in the suspected or alleged medical
23use of cannabis is lawfully in possession of a medical
24cannabis access card.
27Section 513. Prohibitions and use.
1(2) No individual may operate, drive, navigate or be in
2physical control of any of the following while under the
3influence with a blood content of more than 10 nanograms of
4tetrahydrocannabis of medical cannabis:
5(i) A motor vehicle.
6(ii) An aircraft.
7(iii) A motor boat.
8(iv) Heavy machinery.
20(i) Public transportation.
27(iv) At a public park or public beach.
30(d) Adulteration.--With the exception of extraction methods
1and processing operations approved by the board, a person may
2not adulterate, fortify, contaminate or change the character or
3purity of medical cannabis from the original sold by a license
4medical cannabis grower, processor or dispenser.
5Section 514. Unlawful activities.
17(5) Violate any regulation of the board.
18(b) False swearing.--The provisions of 18 Pa.C.S. section
194902 (relating to perjury), 4903 (relating to false swearing) or
204904 (relating to unsworn falsification to authorities) shall
21apply to a person providing information or making an oral or
22written statement to the board, a Commonwealth agency or to law
23enforcement in relation to the enforcement of this act.
24Section 515. Criminal penalties and fines.
1authorized under this act commits a felony of the third degree.
10Section 701. Medical use permitted.
11(a) Freedom from arrest, prosecution or penalty.--
12(1) An individual who possesses a valid medical cannabis
13access card shall not be subject to arrest, prosecution,
14penalty, denial of a right or privilege, civil penalty or
15disciplinary action by a professional licensing board due to
16the use of medical cannabis in accordance with this act. Law
17enforcement personnel may not unreasonably detain, question
18or arrest a patient with a valid medical cannabis access
20(2) There shall exist a rebuttable presumption that an
21individual is using medical cannabis if the individual
22possesses a valid medical cannabis access card. The
23presumption may be rebutted by evidence that conduct related
24to medical cannabis was not related to a patient's qualified
26(3) An individual may assert the use of medical cannabis
27as an affirmative defense to a prosecution involving medical
28cannabis unless the individual was in violation of this act
29when the events giving rise to the prosecution occurred. The
30defense shall be presumed valid if the evidence shows one of
6(ii) A health care practitioner affirmed that in the
7health care practitioner's opinion, after full assessment
8of the patient's medical history and current medical
9condition, the potential benefits of medical cannabis
10would outweigh the health risks.
11(4) Possession of or application for a medical cannabis
12access card may not alone constitute probable cause to search
13a person, the person's property or otherwise subject the
14person or property to inspection by a governmental agency.
22(1) The minor's health care practitioner has explained
23to the minor and the minor's custodial parent, guardian or
24person having legal custody the potential risks and benefits
25of medical cannabis.
28(i) Allow the minor's use of medical cannabis.
29(ii) Serve as the minor's authorized provider.
30(iii) Control the acquisition, dosage and frequency
1of the minor's use of medical cannabis.
2(c) Immunity of authorized provider.--
3(1) An authorized provider who has possession of a valid
4medical cannabis access card shall not be subject to
5detrimental action including arrest, prosecution, penalty,
6denial of a right or privilege, civil penalty or disciplinary
7action by a professional licensing board for assisting a
8patient to whom the authorized provider is connected through
9the board's registration process with medical cannabis. Law
10enforcement personnel may not unreasonably detain, question
11or arrest or repeatedly detain, question or arrest an
12authorized provider for assisting the patient.
13(2) There shall exist a rebuttable presumption that an
14authorized provider is engaged in medical cannabis use if the
15authorized provider possesses a valid medical cannabis access
16card. The presumption may be rebutted by evidence that
17conduct related to cannabis was not for the purpose of
18alleviating the symptoms or effects of a patient's qualified
20(3) An authorized provider may assert the medical use of
21cannabis as an affirmative defense to a prosecution involving
22medical cannabis unless the authorized provider was in
23violation of this section when the events giving rise to the
24prosecution occurred. The defense shall be presumed valid if
25the evidence shows either of the following at the time of the
26events giving rise to the prosecution:
27(i) The patient's medical records and current
28medical condition made in the course of a practitioner-
29patient relationship indicate the potential benefits of
30medical cannabis would outweigh the health risks for the
2(ii) A health care practitioner stated that in the
3health care practitioner's opinion, after completing a
4full assessment of the patient's medical history and
5current medical condition, potential benefits of medical
6cannabis would likely outweigh the health risks for the
8(4) Possession of or application for a medical cannabis
9access card shall not alone constitute probable cause to
10search a person, property of a person possessing or applying
11for the medical cannabis access card or otherwise subject the
12person or the person's property to inspection by a
14(5) Law enforcement officials may not intentionally
15destroy, damage or alter a patient's supply of medical
16cannabis which is in the possession of the authorized
17provider if the authorized provider is in possession of a
18medical cannabis access card.
19(d) Immunity of a health care practitioner and registered
20nurse.--A health care practitioner or registered nurse shall not
21be subject to detrimental action including arrest, prosecution,
22penalty, denial of a right or privilege, civil penalty or
23disciplinary action by the health care practitioner's or
24registered nurse's licensing board for providing written
25certification for the medical use of cannabis to a patient in
26accordance with this act.
27(e) Registered nurse immunity.--A registered nurse shall not
28be subject to detrimental action, including arrest, prosecution,
29penalty, denial of a right or privilege, civil penalty or
30disciplinary action by the registered nurse's licensing board
3(f) Personal proximity.--An individual shall not be subject
4to arrest or prosecution for constructive possession, conspiracy
5or another offense for being in the presence or vicinity of
6medical cannabis as permitted under this act.
12PROTECTION, PROHIBITIONS AND ENFORCEMENT
13Section 901. Civil discrimination protection.
14The following shall apply:
15(1) For the purposes of medical care, including organ
16transplant, a patient's authorized use of medical cannabis
17under this act shall be considered the equivalent of the use
18of other medication under the direction of a health care
19practitioner. Medical cannabis, when used in accordance with
20this act, may not be considered an illicit substance or
21otherwise disqualify a patient from medical care.
1(3) A landlord may not refuse to lease or otherwise
2penalize a patient solely for having a medical cannabis
3access card or using medical cannabis in accordance with this
4act unless the landlord would lose a monetary or licensing-
5related benefit under Federal law or regulation.
6(4) A school may not refuse to enroll or otherwise
7penalize a patient solely for having a medical cannabis
8access card or using medical cannabis in accordance with this
9act unless the school would lose a monetary or licensing-
10related benefit under Federal law or regulation.
11(5) An employer may not discriminate against an
12individual in the hiring, termination of benefits or
13otherwise penalize the individual for being a medical
14cannabis access cardholder. The following shall apply:
15(i) The employer may take an individual's status as
16a cardholder into account only if the employer can prove
17the employee is abusing or misusing the employee's
18medical cannabis on the premises of the place of
19employment during ordinary hours of employment or if
20failure to do so would cause an employer to lose
21licensing benefit under Federal law or regulation.
22(ii) A individual's positive drug test for cannabis
23components or metabolites may not be considered by an
24employer unless the individual unlawfully used, possessed
25or was impaired by the medical cannabis while on the
26premises of the place of employment or during the hours
28Section 902. Prohibitions.
1premises at any time.
10Section 903. Enforcement.
18(ii) Unlawful importation of medical cannabis.
19(iii) Unlawful manufacture of medical cannabis.
20(iv) Unlawful transportation of medical cannabis.
21(v) Unlawful possession of medical cannabis.
22(vi) Unlawful growing of medical cannabis.
23(2) Arrest on view, except in private homes or with a
24warrant, a person whom the officer, while in the performance
25of assigned duties under this act and regulations promulgated
26under this act, observes to be in violation of any of the
30(ii) 18 Pa.C.S. § 3304 (relating to criminal
2(iii) 18 Pa.C.S. § 4101 (relating to forgery).
18(ii) Medical cannabis equipment, materials,
19utensils, vehicles, boats, vessels or aircraft that have
20been seized shall be disposed of as provided in this act
21and in regulations promulgated under this act.
22(4) Arrest a person who engages in the following
23offenses when the offenses are committed against the officer
24while the officer is performing assigned duties under this
25act and the regulations promulgated under this act:
26(i) 18 Pa.C.S. § 2701 (relating to simple assault).
3(v) 18 Pa.C.S. § 2709 (relating to harassment).
6(vii) 18 Pa.C.S. § 5501 (relating to riot).
10(6) Arrange for the administration of chemical tests of
11blood or urine to a person for the purpose of determining the
12tetrahydrocannabinol content of blood or the presence of a
13controlled substance by qualified personnel of a State or
14local police department or qualified personnel of a clinical
15laboratory licensed and approved by the department.
18(i) A violation of this act.
19(ii) A violation of a regulation of the board.
22(b) Confiscation.--Equipment or appurtenance actually used
23in the commission of the unlawful acts may be confiscated. The
24confiscation shall not divest or impair the rights or interest
25of a bona fide lien holder in the equipment or appurtenance.
28Section 5101. Regulations.
1(b) Temporary regulations.--In order to facilitate the
2implementation of this act, regulations promulgated by the board
3shall be deemed temporary regulations which shall expire not
4later than two years following the publication of the temporary
5regulation. Temporary regulations shall not be subject to:
14(c) Expiration.--The board's authority to adopt temporary
15regulations under subsection (b) shall expire two years after
16the effective date of this section. Regulations adopted after
17this period shall be promulgated as provided by law.
21Section 5102. Applicability of other statutes.
22The following acts shall apply to the board:
29Section 5103. Repeals.
30The following shall apply:
7Section 5104. Sovereign Immunity.
11Section 5105. Health insurance.
12Nothing in this act shall be construed to require a State
13government medical assistance program or private health insurer
14to reimburse a person for costs associated with the medical use
15of cannabis or an employer to accommodate the medical use of
16cannabis in a workplace.
17Section 5106. Effective date.
18This act shall take effect in 60 days.