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

<-3Providing for the medical use of cannabis in the Commonwealth of
4Pennsylvania.

5The General Assembly of the Commonwealth of Pennsylvania
6hereby enacts as follows:

<-7Section 1. Short title.

8This act shall be known and may be cited as the Governor
9Raymond Shafer Compassionate Use of Medical Cannabis Act.

10Section 2. Definitions.

11The following words and phrases when used in this act shall
12have the meanings given to them in this section unless the
13context clearly indicates otherwise:

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.

2"Bureau." The Bureau of Medical Cannabis Control
3Enforcement.

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
9compound.

10"Cannabis concentrate." Extracted oil from the usable
11cannabis flower.

12"Cannabis flower." Dried leaves, flowers and seeds of
13cannabis and any portion or preparation of cannabis.

14"Caregiver." A person who is:

15(1) At least 18 years of age.

16(2) Has agreed to assist with a patient's medical use of
17cannabis.

18(3) Has been designated as caregiver on the patient's
19application or renewal for a medical cannabis identification
20card or in other written notification to the board.

21(4) Only has one patient at a time, unless the caregiver
22has more than one dependent under the caregiver's care or the
23caregiver is a recognized hospice practitioner.

24(5) Is not the patient's physician.

25"Commercial medical cannabis farm." A nonprofit location or
26facility that produces and supplies medical cannabis to
27compassionate care centers and commercial medical cannabis
28manufacturers.

29"Commercial medical cannabis manufacturer." A nonprofit
30facility that does all of the following:

1(1) Turns usable cannabis flowers into usable cannabis
2concentrate.

3(2) Distributes its products to compassionate care
4centers.

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.

10"Controlled Substance, Drug, Device and Cosmetic Act." The
11act of April 14, 1972 (P.L.233, No.64), known as The Controlled
12Substance, Drug, Device and Cosmetic Act.

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

14(1) Cancer or the treatment of cancer.

15(2) Glaucoma or the treatment of glaucoma.

16(3) Post-traumatic stress disorder or the treatment of
17post-traumatic stress disorder.

18(4) Positive status for human immunodeficiency virus,
19acquired immune deficiency syndrome or the treatment of
20either human immunodeficiency virus or acquired immune
21deficiency syndrome.

22(5) A chronic or attenuating disease or medical
23condition or its treatment that produces one or more of the
24following:

25(i) Cachexia or wasting syndrome.

26(ii) Severe or chronic pain.

27(iii) Severe nausea.

28(iv) Seizures, including seizures characteristic of
29epilepsy.

30(v) Severe and persistent muscle spasms, including

1spasms characteristic of multiple sclerosis or Crohn's
2disease.

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.

8"Dentist." An individual licensed to practice dentistry
9under the act of May 1, 1933 (P.L.216, No.76), known as The
10Dental Law, who can prescribe medicine to a dental patient.

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
22Cosmetic Act.

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.

28"Nurse midwife." An individual licensed to practice as a
29nurse midwife under the act of December 20, 1985 (P.L.457,
30No.112), known as the Medical Practice Act of 1985.

1"Organic chemist." A college or university graduate who has
2achieved a bachelor's degree or higher in the study of organic
3chemistry or chemical engineering.

4"Patient." A person who has been diagnosed by a physician as
5having a 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.

17"Psychiatrist." A person licensed to practice psychiatry
18under the act of March 23, 1972 (P.L.136, No.52), known as the
19Professional Psychologists Practice Act.

20"Registered nurse." A person licensed to practice
21professional nursing under the act of May 22, 1951 (P.L.317,
22No.69), known as The Professional Nursing Law.

23"Registered nurse practitioner." A person certified to be a
24nurse practitioner under the act of May 22, 1951 (P.L.317,
25No.69), known as The Professional Nursing Law.

26"Tetrahydrocannabinol." A compound that is an active
27component in cannabis.

28"Written certification." A patient's medical records, or a
29statement signed by a medical professional licensed in
30accordance with the laws of this Commonwealth with whom the

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.

9(a) Establishment.--

10(1) The Pennsylvania Medical Cannabis Board is created
11as an independent administrative board.

12(2) The Bureau of Medical Cannabis Control Enforcement
13is created within the Pennsylvania State Police and shall be
14responsible for enforcing this act and regulations
15promulgated under this act.

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.

23(3) The Secretary of Drug and Alcohol Programs of the
24Commonwealth.

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.

29(8) A member of the Pennsylvania State Nurses
30Association.

1(9) A member of the Pennsylvania Dental Association.

2(10) A member of the Pennsylvania Pharmaceutical
3Association.

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
23Ethics Law.

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
11Governor.

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.

17(3) A member may continue to hold office beyond the
18expiration of that member's term if a successor to that
19member has not been duly appointed and qualified according to
20law.

21(4) Each member shall receive an annual salary as
22provided under the act of September 30, 1983 (P.L.160,
23No.39), known as the Public Official Compensation Law.

24(b) Qualifications.--

25(1) Each member of the board at the time of appointment
26and qualification must:

27(i) Be a citizen of the United States for at least
28the previous three years.

29(ii) Be a resident of the Commonwealth of
30Pennsylvania for at least the previous three years.

1(iii) Have been a qualified elector in this
2Commonwealth for a period of at least one year preceding
3the appointment.

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

5(2) No member of the board during the member's period of
6service with the board shall hold another office under the
7laws of this Commonwealth or of the United States.

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.

18(2) Two members of the board shall constitute a quorum,
19and an action or order of the board shall require the
20approval of at least two members.

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.

2(a) General powers.--Notwithstanding subsection (b), the
3board shall have the following powers and duties:

4(1) To establish, oversee and provide structure and
5guidance to the medical cannabis industry within this
6Commonwealth.

7(2) To ensure safe and regular distribution of medical
8cannabis.

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.

13(4) To issue, transfer or extend licenses for commercial
14medical cannabis farms, commercial medical cannabis
15manufacturers, transportation and compassionate care centers.

16(5) To issue medical cannabis identification cards.

17(6) To issue transportation licenses for the
18transportation of medical cannabis.

19(7) To inspect and investigate all commercial medical
20cannabis farms, commercial medical cannabis manufacturers and
21compassionate care centers licensed by the board.

22(8) To determine the number of commercial medical
23cannabis farms, commercial medical cannabis manufacturers and
24compassionate care centers within a municipality.

25(9) To determine licensing districts, periods and
26hearings.

27(10) To grant, issue, suspend and revoke all licenses
28the board is authorized to issue under this act.

29(11) To issue penalties and fines.

30(12) Through the Department of General Services as

1agent, to lease and furnish and equip buildings, rooms and
2other accommodations as required for the operation of this
3act.

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.

11(14) To determine the nature, form and capacity of all
12packages and original containers to be used for containing
13medical cannabis.

14(15) To perform acts necessary or advisable for the
15purpose of carrying out the provisions of this act and the
16regulations promulgated under this act.

17(16) To promulgate regulations not inconsistent with
18this act for the efficient administration of this act.

19(17) By regulation, to provide for the use of a
20computerized referral system to assist patients and
21caregivers in locating special items at compassionate care
22centers.

23(18) To issue grants to various entities for medical
24cannabis study, research and clinical testing.

25(b) Specific subjects.--Except as otherwise provided under
26this act, the board may make regulations regarding:

27(1) Cultivation of medical cannabis within this
28Commonwealth.

29(2) Manufacturing of medical cannabis within this
30Commonwealth.

1(3) Sale of medical cannabis within this Commonwealth.

2(4) Distribution of medical cannabis within this
3Commonwealth.

4(5) Qualifications for licenses, fees and duration.

5(6) Number and kinds of licenses allowed for each
6licensee.

7(7) Registration of brands.

8(8) Price changes for medicinal cannabis.

9(9) Transportation of medical cannabis within this
10Commonwealth.

11(10) The identification of classes, varieties and brands
12of medical cannabis deemed acceptable by the board.

13(11) The labeling of medical cannabis.

14(12) Purchasing and importing hemp products related to
15medical cannabis.

16(13) Another process, procedure or aspect related to
17medical cannabis or the medical cannabis industry as may be
18necessary to carry out the provisions of this act.

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.

24(15) The reasonable and related impact an applicant's
25criminal background will have on the approval or denial of a
26license issued under this act.

27(c) Restrictions.--

28(1) A member or employee of the board, immediate family
29member of a member or employee of the board, employee of the
30Commonwealth or employee of the bureau may not solicit or

1receive, directly or indirectly, a commission, remuneration
2or gift for personal use from a person having sold, selling
3or offering medical cannabis for sale.

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.

9(3) A person who violates this subsection shall be
10barred for a period of five years from engaging in business
11or contracting with the board.

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
17cannabis industry.

18(2) The duties of the investigative unit shall include:

19(i) Handling notifications concerning price
20introductions and changes.

21(ii) Receiving and making recommendations to the
22board concerning applications to rescind price discounts.

23(iii) Providing assistance to the board concerning
24reports and investigations the board deems necessary or
25is required to provide.

26(iv) Handling applications for brand registration.

27(v) Handling copies of franchise or territorial
28agreements submitted by importing distributors.

29(3) Management of the investigation unit shall be vested
30in a director who shall be assisted by other personnel as

1determined by the board. The director shall report to the
2board secretary.

3(4) The investigation unit shall not have any power to
4arrest individuals. The investigatory powers of the unit
5shall be limited to compliance with this act.

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:

15(1) The number of people within this Commonwealth who
16are registered to legally consume medical cannabis.

17(2) The amount of cannabis cultivated, manufactured and
18sold within this Commonwealth.

19(3) The number of licenses sold to individuals within
20this Commonwealth.

21Section 6. Enforcement.

22(a) Bureau.--Officers and investigators assigned to the
23bureau shall have the following powers and duties:

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
16following:

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

19(ii) 18 Pa.C.S. § 3304 (relating to criminal
20mischief).

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

22(iv) 18 Pa.C.S. § 5503 (relating to disorderly
23conduct).

24(v) 18 Pa.C.S. § 6310.3 (relating to carrying a
25false identification card).

26(4) To search, seize and dispose of seized property in
27accordance with the following:

28(i) Upon reasonable and probable cause with a
29warrant, except in private homes, to search and seize the
30following:

1(A) Medical cannabis unlawfully possessed,
2manufactured, sold, imported or transported.

3(B) Equipment, materials, utensils, vehicles,
4boats, vessels or aircraft which are or have been
5used in the unlawful manufacture, sale, importation
6or transportation of medical cannabis.

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.

11(5) To investigate and issue citations for the
12following:

13(i) A violation of this act.

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

15(iii) A violation of another law of this
16Commonwealth.

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).

24(ii) 18 Pa.C.S. § 2702 (relating to aggravated
25assault).

26(iii) 18 Pa.C.S. § 2705 (relating to recklessly
27endangering another person).

28(iv) 18 Pa.C.S. § 2706 (relating to terroristic
29threats).

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

1(vi) 18 Pa.C.S. § 5104 (relating to resisting arrest
2or other law enforcement).

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

4(7) To serve and execute warrants issued by the proper
5authorities for offenses under this subsection and to serve
6subpoenas.

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:

11(i) A copy of the most recently completed audit of
12expenditures of the bureau.

13(ii) A report detailing the demographic
14characteristics of the bureau's complement of civilian
15officers. The report shall include information relating
16to workplace diversity.

17Section 7. Office of administrative law judge.

18(a) Establishment.--There is established within the board an
19autonomous office to be known as the office of administrative
20law 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
29judge.

30(c) Authority.--An administrative law judge shall preside at

1all citation and other enforcement hearings required or
2permitted under this act.

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.

7(e) Salary.--Compensation for an administrative law judge
8shall be established by the board.

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.

13(g) Employment security.--An administrative law judge
14appointed under this section shall be afforded employment
15security as provided by the Civil Service Act.

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.

1Law enforcement personnel may not unreasonably detain,
2question or arrest or repeatedly detain, question or arrest a
3patient with a valid medical cannabis identification card.

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
16following:

17(i) Either:

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
23patient; or

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

1collectively in possession of no more than one ounce of
2usable cannabis flower or three ounces of usable cannabis
3concentrate.

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.

10(5) Law enforcement officials may not destroy, damage or
11alter a patient's supply of medical cannabis if the patient
12is in possession of a valid medical cannabis identification
13card.

14(b) Patients under 18 years of age.--Subsection (a) does not
15apply to a patient under 18 years of age unless all of the
16following have occurred:

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.

21(2) The custodial parent, guardian or person having
22legal custody consents in writing to:

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

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

25(iii) Control the acquisition, dosage and frequency
26of the medical use of cannabis by the patient.

27(c) Immunity of caregiver.--

28(1) A caregiver who has possession of a valid medical
29cannabis identification card shall not be subject to
30detrimental action including arrest, prosecution, penalty,

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
21prosecution:

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

1use of cannabis would likely outweigh the health risks
2for the patient.

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.

7(2) An application or renewal fee of not less than $50
8and not more than $100, which may be based on a sliding fee
9scale as determined by the board.

10(3) The name, address and date of birth of the patient.

11(4) The name, address and telephone number of the
12patient's physician.

13(5) Name, address and date of birth of the patient's
14caregiver, if any.

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:

20(1) The approval or denial shall be no later than 15
21days from receipt of the application or renewal.

22(2) The board shall issue a medical cannabis
23identification card no later than five days from approving
24the application or renewal.

25(3) The board may deny an application or renewal only if
26the applicant fails to provide the information required under
27this section or if the board determines that the information
28was falsified.

29(4) An applicant must be provided with the reason for
30and all information relative to the denial of a medical

1cannabis card and given an established procedure for
2resubmission of an application.

3(5) Denial of an application shall be considered a final
4agency decision, subject to review by an administrative law
5judge.

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.

11(d) Contents.--A medical cannabis identification card shall
12contain the following information:

13(1) The name, address and date of birth of the patient.

14(2) The name, address and date of birth of the patient's
15caregiver, if any.

16(3) The date of issuance and expiration date of the
17medical cannabis identification card.

18(4) Photo identification of the cardholder.

19(5) Other information that the board may specify in
20regulations.

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.

28(f) Right-to-Know Law.--The board shall maintain a
29confidential list of each person who has been issued a medical
30cannabis identification card. Individual names and other

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:

5(1) Authorized employees of the board as necessary to
6perform official duties of the board.

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.

12(a) Licensing.--The board shall license privately owned
13nonprofit compassionate care centers. The board shall license a
14registered nurse to operate and own a 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.

19(c) Report.--Each month, a compassionate care center shall
20submit to the board a report which details the amount and what
21types of cannabis the center has distributed during the past
22month.

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.

29(e) Donation.--A compassionate care center may donate usable
30medical cannabis concentrate for study and research to a

1postsecondary institution.

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.

10(2) The report of criminal history record information
11shall be less than one year old.

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

1farmer shall submit to the board a report which details how much
2and what types of cannabis the farmer has distributed during the
3past month.

4(e) Donation.--A commercial medical cannabis farmer may
5donate usable medical cannabis to a postsecondary institution
6for study and research.

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.

15(2) The report of criminal history record information
16shall be less than one year old.

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.

22(g) Personal use.--A commercial medical cannabis farmer who
23has a valid medical cannabis identification card may retain up
24to 25% of the annual yield for personal use.

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

1manufacturer may only use the extraction method described under
2section 14.

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.

7(d) Donation.--A commercial medical cannabis manufacturer
8may donate medical cannabis transportation services to a
9postsecondary institution for study and research.

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.

18(2) The report of criminal history record information
19shall be less than one year old.

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.

26(a) License.--The board shall license a transportation
27company with a commercial medical cannabis transportation
28license for the purpose of transporting useable medical cannabis
29concentrate.

30(b) Requirements.--A commercial medical cannabis transporter

1shall meet the following requirements to the satisfaction of the
2board:

3(1) Each transportation vehicle shall be unmarked and
4may not directly or indirectly indicate what is being
5transported.

6(2) Each transportation vehicle and all equipment used
7in the process of transportation shall be in compliance with
8this act.

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.

13(d) Donation.--A commercial medical cannabis transporter may
14donate medical cannabis transportation services to a
15postsecondary institution for study and research.

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.

24(2) The report of criminal history record information
25shall be less than one year old.

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.

2(a) General rule.--There shall be no restriction on specific
3strains of cannabis that can be used for medical purposes under
4this act.

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.

16(a) Prohibited operation.--A person may not operate, drive
17navigate or be in actual physical control of the following while
18under the influence of tetrahydrocannabinol:

19(1) A vehicle.

20(2) An aircraft.

21(3) A motorboat.

22(4) Heavy machinery

23(5) Another mode of transportation that would constitute
24an offense under 75 Pa.C.S. Ch.38 (relating to drinking after
25imbibing alcohol or utilizing drugs).

26(b) Prohibited location.--No person may smoke cannabis in
27any of the following locations:

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.

3(6) At a place where cigarette smoking is prohibited by
4law or by organizational policy.

5(c) Vaporization.--Smoking cannabis by means of vaporization
6is permitted in the public domain.

7(d) Violation.--A person who commits an act prohibited in
8this section shall be subject to penalties as provided by law.

9Section 16. Misrepresentation prohibited.

10It shall be a violation of 18 Pa.C.S. § 5503 (relating to
11disorderly conduct) for a person to fabricate or misrepresent a
12registry identification card to a law enforcement official.

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.

18(b) Bureau.--Beginning in fiscal year 2014-2015 and
19continuing each year thereafter, the Pennsylvania State Police
20shall allocate $2,000,000 to the bureau.

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.

26The chair of the board shall report annually to the Governor
27and the General Assembly as follows:

28(1) The report may not contain any identifying
29information of patients, caregivers or medical professionals.

30(2) The report shall include all of the following

1information:

2(i) The number of applications for medical cannabis
3identification cards.

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

5(iii) The categories of the debilitating medical
6conditions of the patients.

7(iv) The number of registry identification cards
8revoked.

9(v) The number of physicians providing written
10certifications for patients.

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.

18The Commonwealth may not be held liable for any deleterious
19outcomes resulting from the medical use of cannabis by a
20patient.

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
25if requested.

26Section 22. Repeals.

27The following shall apply:

28(1) Sections 4 and 13 of act of April 14, 1972 (P.L.233,
29No.64), known as The Controlled Substance, Drug, Device and
30Cosmetic Act, are repealed insofar as they are inconsistent

1with this act.

2(2) All acts and parts of acts are repealed insofar as
3they are inconsistent with this act.

4Section 23. Effective date.

5This act shall take effect in 90 days.

<-6CHAPTER 1

7PRELIMINARY PROVISIONS

8Section 101. Short title.

9This act shall be known and may be cited as the Medical
10Cannabis Act.

11Section 102. Definitions.

12The following words and phrases when used in this act shall
13have the meanings given to them in this section unless the
14context clearly indicates otherwise:

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
22practitioner.

23"Board." The State Board of Medical Cannabis Licensing.

24"Change in control." The acquisition by a person or group of
25persons acting in concert of more than 20% of the license.

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

1(P.L.233, No.64), known as The Controlled Substance, Drug,
2Device and Cosmetic Act.

3"Health care facility." A facility that provides health care
4to patients and does not receive Federal funding. The term
5includes:

6(1) A hospital, as defined under the act of July 19, 
71979 (P.L.130, No.48), known as the Health Care Facilities 
8Act.

9(2) A clinic, treatment facility or physician's office
10operated by the hospital.

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.

26"Medical cannabis dispenser." A for-profit or nonprofit
27entity licensed under section 503 to dispense medical cannabis.

28"Medical cannabis employee." An individual who is eligible
29to receive an occupation permit by meeting one of the following:

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
5cannabis.

6(ii) Is responsible for tracking the amount and
7transportation of medical cannabis.

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
13this act.

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
19this act.

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:

29(1) An officer, principal, owner or director of the
30medical cannabis grower, processor or dispenser licensed

1under section 507.

2(2) A person who directly holds a beneficial interest in
3or has a controlling interest in an applicant or licensee.

4(3) A person who has the ability to elect a majority of
5the board of directors of a licensee or to otherwise control
6a licensee.

7"Occupation permit." A permit issued by the board
8authorizing an individual to be employed as a medical cannabis
9employee of a medical cannabis grower, processor or dispenser.

10"Patient." An individual who has an established
11practitioner-patient relationship and has been diagnosed by a
12health care practitioner as having a qualified medical
13condition.

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.

28"Registered nurse." A person licensed to practice
29professional nursing under the act of May 22, 1951 (P.L.317,
30No.69), known as The Professional Nursing Law.

1"Testing laboratory." An accredited clinical laboratory or
2testing facility located within the Commonwealth, certified by
3the board under section 511.

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.

8CHAPTER 3

9REGULATORY OVERSIGHT

10Section 301. License.

11(a) Medical cannabis.--A person may not conduct an activity
12related to the growing, processing or dispensing of medical
13cannabis unless the person is licensed by the board under this
14act.

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.

22(a) Establishment.--There is hereby established the State
23Board of Medical Cannabis Licensing within the department.

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.

28(4) Two members who are medical doctors representing
29specialties which utilize medical cannabis to treat patients.

30(5) Two members who are registered nurses.

1(6) The Secretary of State or a designee from the
2department who shall be an ex officio member.

3(7) The Secretary of Public Welfare or a designee from
4the Department of Public Welfare who shall be an ex officio
5member.

6(8) Commissioner of the Bureau of Professional and
7Occupational Affairs.

8(c) Meetings.--The board shall meet within 30 days of the
9confirmation of the initial member and shall:

10(1) Establish procedures to operate the board.

11(2) Develop applications and other forms for licensure
12and occupation permits and enforcement of this act and
13certifications for testing laboratories.

14(3) Promulgate regulations, as necessary, to implement
15and enforce this act.

16(d) Term.--Each professional and public member shall be
17appointed by the Governor with the advice and consent of a
18majority of the Senate. Each member shall:

19(1) Be a citizen of the United States and a resident of
20this Commonwealth.

21(2) Except as provided in subsection (e), serve a term
22of four years or until a successor has been appointed and
23qualified, which may not be longer than six months beyond the
24four-year period.

25(3) Not be eligible to serve more than two consecutive
26terms.

27(4) Not hold any other public office during their term
28on the board.

29(e) Initial appointments.--For each member initially
30appointed to the board, the term of office shall be as follows:

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.

9(g) Chairperson.--The board shall annually select a
10chairperson from the members of the board.

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
24member.

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

1board.

2Section 303. Powers and duties of the board.

3The board shall have the following powers and duties:

4(1) To provide for and regulate the licensing of the
5following:

6(i) A medical cannabis grower as used in section
7501.

8(ii) A medical cannabis processor as used in section
9502.

10(iii) A medical cannabis dispenser as used in
11section 503.

12(2) To issue occupation permits to medical cannabis
13employees.

14(3) To issue certifications to testing laboratories as
15used in section 511.

16(4) To issue, deny, renew, reinstate or refuse to renew,
17suspend and to revoke licenses, certifications of testing
18laboratories and occupation permits in accordance with this
19act.

20(5) To administer and enforce the provisions of this
21act.

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.

26(7) To establish fees for application and renewal of
27licenses and occupation permits and the due dates for all
28fees.

29(8) To promulgate and enforce regulations, not
30inconsistent with this act, necessary to carry out the

1provisions of this act. Except as provided for in section
25101(b), regulations shall be adopted in conformity with all
3of the following:

4(i) The act of July 31, 1968 (P.L.769, No.240),
5referred to as the Commonwealth Documents Law.

6(ii) The act of June 25, 1982 (P.L.633, No.181),
7known as the Regulatory Review Act.

8(9) To keep minutes and records of each transaction and
9proceeding.

10(10) To provide standards for the appearance of
11dispensers to ensure a professional atmosphere.

12(11) To promulgate regulations:

13(i) In regards to childproof containers, packaging,
14tracking, labeling and testing.

15(ii) Providing for the development of a system to
16ensure a medical cannabis dispenser can authorize a
17patient's medical cannabis access card.

18(iii) Prohibiting the board from limiting, changing
19or restricting the definition of a qualified medical
20condition.

21(iv) Ensuring the diversity of medical cannabis
22through establishing a medical cannabis strain and brand
23registry.

24(12) To develop regular inspection schedules, including
25unannounced inspection, of all medical cannabis growers,
26processors and dispensers.

27(13) To submit annually to the department an estimate of
28financial requirements of the board for the board's
29administrative, legal and other expenses.

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.

6(16) To promulgate regulations to prohibit the cost for
7medical cannabis from exceeding 110% of the average wholesale
8price of the product.

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
14act.

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:

21(1) The power shall not apply to patient records without
22order of a court of competent jurisdiction showing that the
23records are reasonably necessary for the conduct of an
24investigation.

25(2) The court may impose limitations on the scope of a
26subpoena as necessary to prevent unnecessary intrusion into
27patient confidential information.

28(3) The attorney representing the Commonwealth in a
29disciplinary matter before the board may apply to
30Commonwealth Court to enforce the subpoenas.

1(4) Nothing in this section shall be construed to excuse
2a person from producing documents and records as requested by
3the board under any other provision of law.

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).

13(c) Powers.--A hearing examiner shall have the following
14powers:

15(1) To conduct hearings.

16(2) To issue subpoenas requiring:

17(i) The attendance and testimony of individuals.

18(ii) The production of pertinent records or other
19papers by persons whom the examiner believes have
20information relevant to matters pending before the
21examiner.

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
28Pennsylvania Bulletin.

29(b) Imposition.--An agent of the board may issue citations
30and impose penalties for a violation of this chapter. A penalty

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.--

8(1) In addition to any other penalty authorized by law,
9the board may impose the following sanctions on a licensee:

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
14cannabis.

15(ii) Revocation of the license of a person for
16willfully and knowingly violating or attempting to
17violate an order of the board directed to the person.

18(iii) Revocation of an occupation permit of a person
19for willfully and knowingly violating or attempting to
20violate an order of the board directed to the person.

21(iv) Suspension of the license or occupation permit
22of a person pending the outcome of a hearing in a case in
23which a license, occupation permit or certification
24revocation could result.

25(v) Suspension of the license of a licensed grower,
26processor or dispenser for a violation or attempt to
27violate any provisions of this act.

28(vi) Assessment of an administrative penalty as
29necessary to address misconduct and deter future
30violations.

1(vii) Ordering of restitution of funds or property
2unlawfully obtained or retained by a licensee.

3(viii) Entrance of a cease and desist order which
4specifies the conduct which is to be discontinued,
5altered or implemented by the licensee.

6(ix) Issuance of a letter of reprimand or censure,
7which shall be made a permanent part of the file of each
8licensee or occupation permit holder.

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
18judicial review).

19(3) A person who aids, abets, counsels, induces,
20procures or causes another person to violate this act shall
21be subject to all sanctions and penalties provided under this
22subsection.

23(d) Additional powers.--In addition to the penalties under
24subsections (b) and (c), the board shall have the power to do
25the following:

26(1) Levy a civil penalty of not more than $25,000 for a
27violation of this act.

28(2) Impose a civil penalty of up to $15,000 per
29violation if a person aids and abets the unlicensed growing,
30processing, distribution or dispensing of medical cannabis.

1The penalty may not be levied against a person solely as a
2consequence of that person being a patient of the unlicensed
3person.

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
15procedure).

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.

28(2) This subsection shall not preclude or limit
29introduction of the contents of an investigative file or
30related witness testimony in a hearing or proceeding before

1the board.

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
14disciplinary action.

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.

20(d) Waiver.--The board may not require an applicant to waive
21any confidentiality under this section as a condition for the
22approval of a license or other action of the board.

23CHAPTER 5

24LICENSING

25Section 501. Medical cannabis growers.

26(a) Licensing.--The board shall license medical cannabis
27growers to supply medical cannabis for distribution to medical
28cannabis processors and medical cannabis dispensers under this
29act.

30(b) Imposition.--At the time of license issuance, the board

1shall impose a licensing fee in the amount of $5,000. The board
2shall impose a $2,500 annual renewal fee for each year
3immediately following the year the license was issued.

4(c) Term.--Upon payment of the fee under subsection (b), a
5grower's license shall be in effect unless suspended, revoked or
6not renewed by the board for good cause.

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.

11(e) Deposit.--The fee under subsection (b) shall be
12deposited into the General Fund.

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.

18(g) Requirements.--A medical cannabis grower shall do all of
19the following:

20(1) Only grow medical cannabis using conventional
21growing methods on land or in a facility approved by the
22board.

23(2) Conduct quality testing utilizing a testing
24laboratory certified by the board and submit to random
25testing of medical cannabis conducted by the board.

26(3) Package and label medical cannabis products in
27accordance with 3 Pa.C.S. Ch. 57 (relating to food
28protection) and regulations of the board.

29(4) Only transport, sell or deliver medical cannabis to
30a medical cannabis processor, a testing laboratory or to a

1medical cannabis dispenser.

2(5) Maintain records of all sales and other activities
3as required by the board.

4(h) Exchange.--The board shall promulgate regulations for
5the exchange of seed and plant materials with growers.

6Section 502. Medical cannabis processors.

7(a) Licensing.--The board shall license medical cannabis
8processors to process medical cannabis into oil-based medical
9cannabis products.

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.

14(c) Term.--Upon payment of the fee under subsection (b), a
15processor's license shall be in effect unless suspended, revoked
16or not renewed by the board for good cause.

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.

21(e) Deposit.--The fee under subsection (b) shall be
22deposited into the General Fund.

23(f) Requirements.--A medical cannabis processor shall do all
24of the following:

25(1) Only use extraction and processing methods approved
26by the board.

27(2) Conduct quality testing utilizing an accredited
28testing laboratory approved by the board and submit to random
29testing conducted by the board.

30(3) Only sell, transport or deliver medical cannabis to

1a testing laboratory or to a medical cannabis dispenser.

2(4) Conduct processing activities in facilities approved
3by the board.

4(5) Maintain records of all sales and other activities
5as required by the board.

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
11instructions.

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.

16(c) Term.--Upon payment of the fee under subsection (b), a
17dispenser's license shall be in effect unless suspended, revoked
18or not renewed by the board for good cause.

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.

23(e) Deposit.--The fee under subsection (b) shall be
24deposited into the General Fund.

25(f) Requirements.--A medical cannabis dispenser shall do all
26of the following:

27(1) Maintain a system to verify medical cannabis access
28cards.

29(2) Maintain a record of all medical cannabis dispensed.
30Each record shall include:

1(i) The name of the holder of the medical cannabis
2access card.

3(ii) The amount of medical cannabis dispensed.

4(iii) The date of each dispensing to the cardholder.

5(3) Provide reports as required by the board relating to
6amounts dispensed.

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
11premises.

12(5) Maintain a security system as required by the board.

13(6) Adopt accountability measures relating to the
14request of medical cannabis from a medical cannabis grower or
15processor.

16(7) Provide for the supervision of the dispensing of
17medical cannabis at all times by a registered nurse.

18(8) Display appropriate signage as required by the
19board.

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.

25(b) Information.--An applicant for a grower, processor or
26dispenser license under this act must do all of the following:

27(1) Disclose the following information:

28(i) Each arrest and citation for a nontraffic
29summary offense of the applicant.

30(ii) The name, address and photograph of the

1applicant and each principal and the principal's position
2within the corporation or organization.

3(iii) Any financial information required by the
4board.

5(iv) The proposed location of the growing,
6processing or dispensing operation.

7(v) The details of each loan obtained to finance the
8growing, processing or dispensing operation.

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.

15(c) Refusal.--A refusal to provide the information required
16under this section or to consent to a background investigation
17shall result in the immediate denial of a license.

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

1distribute medical cannabis from a location other than a
2licensed facility.

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.

12(3) Facilities for the dispensing of medical cannabis
13shall meet the same municipal zoning and land use
14requirements as other commercial 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:

19(1) Evaluate the proposed new location and the reason
20for relocation.

21(2) Evaluate community support and compliance with local
22ordinances.

23(3) Consider any other information submitted by the
24petitioner or required by the board.

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

1board.

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.

6(3) If the ownership of the operation of a licensed
7grower, processor or dispenser or its affiliate is changed,
8the new owner must pay the annual renewal fee for each
9applicable license.

10Section 507. Licensing of owner or operator.

11(a) License required.--Each owner or operator shall obtain
12an owner or operator license from the board.

13(b) Application.--A owner or operator license application
14shall be in a form prescribed by the board and shall include the
15following:

16(1) Verification of status as an owner or operator from
17a medical cannabis dispenser, grower or processor.

18(2) A description of responsibilities as an owner or
19operator.

20(3) Each release necessary to obtain information from
21governmental agencies, employers and other organizations.

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.

28(5) A photograph that meets the standards of the
29Commonwealth Photo Imaging Network.

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.

9(d) Nontransferability.--A license issued under this section
10shall be nontransferable.

11(e) Owner or operator.--An individual who receives an owner
12or operator license need not obtain an occupation permit.

13Section 508. Occupation permit for medical cannabis employees
14and certain authorized providers.

15(a) Permit required.--Each medical cannabis employee, and
16each authorized provider who is not a parent or guardian of a
17patient, shall obtain an occupation permit from the board.

18(b) Application.--An occupation permit application shall be
19in a form prescribed by the board and shall include the
20following:

21(1) Verification of one of the following:

22(i) The status as an occupation permit holder from a
23medical cannabis grower, processor or dispenser.

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
7occupation permit.

8(5) A photograph that meets the standards of the
9Commonwealth Photo Imaging Network.

10(6) Details relating to a similar license, permit or
11other authorization obtained in another jurisdiction.

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.

19(d) Nontransferability.--An occupation permit issued under
20this section shall be nontransferable.

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:

27(1) Requirements relating to shipping containers and
28packaging.

29(2) The manner in which trailers or carriers will be
30secured.

1(3) Security systems that include a numbered seal on the
2trailer.

3(4) Obtaining copies of driver's licenses and
4registrations.

5(5) Use of GPS systems.

6(6) Number of drivers or other security required to
7ensure against storage or in-transit losses.

8(7) Record keeping for delivery and receipt of medical
9cannabis products.

10Section 510. Disposal and donation.

11(a) Disposal.--The board shall promulgate regulations
12relating to disposal of medical cannabis by medical cannabis
13growers, processors, dispensers and law enforcement.

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
20the Commonwealth.

21Section 511. Testing laboratories.

22(a) Certification.--The board may certify an accredited
23laboratory to test medical cannabis as required by the board.

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.

29(a) Department of Health.--A patient with a qualified
30medical condition may apply to the Department of Health for a

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.

7(c) Certification.--Applications and renewals must include
8written certification from a health care practitioner that the
9applicant has a qualified medical condition.

10(d) Verification.--The Department of Health shall verify the
11information in the application and renewal form. Verification
12shall include verification of the certification under subsection
13(c).

14(e) Time.--The department must approve or deny an
15application within 30 business days.

16(f) Denial.--A denial must state the reason for the denial.
17A denial shall be considered a final agency decision subject to
18review under 2 Pa.C.S. (relating to administrative law and
19procedure).

20(g) Fee.--The department shall charge an application fee of
21not more than $100.

22(h) Residency.--A patient must reside in this Commonwealth
23to receive a medical cannabis access card.

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
7provider's employment.

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:

17(i) Authorized employees of the board as necessary
18to perform official duties of the board and Department of
19Health.

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.

25(2) This section shall apply to the Department of Health
26and the board.

27Section 513. Prohibitions and use.

28(a) Prohibitions.--

29(1) No individual shall smoke medical cannabis in the
30public domain.

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.

9(v) A mode of transportation in a manner that would
10constitute an offense under 75 Pa.C.S. Ch. 38 (relating
11to driving after imbibing alcohol or utilizing drugs).

12(3) An individual with a valid medical cannabis access
13card shall not be determined to be under the influence of
14medical cannabis solely for having medical cannabis in the
15individual's system.

16(b) Use.--Except as provided under subsections (a) and (c),
17an individual with a valid medical cannabis access card may
18utilize medical cannabis in any public place, including the
19following:

20(i) Public transportation.

21(ii) On school grounds in accordance with the
22Department of Education regulations regarding medication
23on school grounds.

24(iii) In a correctional facility in accordance with
25the Department of Corrections regulations regarding
26medications in correctional facilities.

27(iv) At a public park or public beach.

28(c) Vaporization.--Combusting and inhaling medical cannabis
29by means of vaporization is permitted in the public domain.

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.

6(a) Licensing.--It shall be a criminal offense to
7intentionally or knowingly do any of the following:

8(1) Grow, process or dispense medical cannabis without a
9license under this act.

10(2) Transport medical cannabis from or between an
11unlicensed grower, processor or dispenser.

12(3) Participate in the growing, processing or dispensing
13of medical cannabis in violation of this act.

14(4) Fail to report, pay or truthfully account for and
15pay any license fee, authorization fee or an assessment
16imposed under this act.

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.

25(a) Offense.--Except as provided under subsections (b) and
26(c), a violation of the act shall be graded as a misdemeanor of
27the second degree.

28(b) Unauthorized actions.--A medical cannabis grower,
29processor or dispenser that distributes, gives, sells or
30provides medical cannabis to a person other than a person

1authorized under this act commits a felony of the third degree.

2(c) Individual.--An individual who falsifies an application
3or certification under section 511 commits a misdemeanor of the
4first degree.

5(d) Other violations.--A person that is convicted of a
6second or subsequent violation of this act commits a felony of
7the third degree.

8CHAPTER 7

9MEDICAL CANNABIS

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
19card.

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
25medical condition.

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

1the following:

2(i) Medical records and current medical condition
3made in the course of a practitioner-patient relationship
4indicate the potential benefits of medical cannabis would
5likely outweigh health risks.

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.

15(5) Law enforcement officials may not destroy, damage or
16alter an individual's supply of medical cannabis if the
17individual is in possession of a valid medical cannabis
18access card.

19(b) Patients under 18 years of age.--Subsection (a) does not
20apply to a patient under 18 years of age unless all of the
21following have occurred:

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.

26(2) The custodial parent, guardian or person having
27legal custody consents in writing to:

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
19medical condition.

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

1patient.

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
7patient.

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
13governmental agency.

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

1for dispensing medical cannabis to a patient in accordance with
2this act.

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.

7(g) Restriction.--An individual who has been sentenced for a
8criminal act shall not be disqualified from obtaining or
9possessing a valid medical cannabis access card on the basis of
10the offense.

11CHAPTER 9

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.

22(2) An individual may not be penalized in any of the
23following ways due to the individual's use of medical
24cannabis under this act:

25(i) Denied custody, visitation or parenting time
26with a minor child.

27(ii) Presumed to neglect or endanger a minor child
28unless the individual's behavior creates an unreasonable
29danger to the safety of the minor by clear and convincing
30evidence.

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
27of employment.

28Section 902. Prohibitions.

29(a) Inspection.--A licensee may not refuse to allow an
30authorized employee of the department to inspect a licensed

1premises at any time.

2(b) Other prohibitions.--A licensee may be cited under this
3act for:

4(1) An unlawful act prohibited by State law which occurs
5on the licensed premises.

6(2) An unlawful act which involves a licensee or the
7licensee's agent or employee.

8(3) The sale or purchase of an illegal drug by the
9licensee or by the licensee's agent or employee.

10Section 903. Enforcement.

11(a) Officers.--To enforce the provisions of this act,
12uniformed law enforcement officers may:

13(1) Arrest on view, except in private homes, or with a
14warrant a person engaged in any of the following activities
15contrary to this act or another law of this Commonwealth:

16(i) Unlawful distribution, sale or transfer of
17medical cannabis.

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
27following:

28(i) 18 Pa.C.S. § 3302 (relating to causing or
29risking catastrophe).

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

1mischief).

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

3(iv) 18 Pa.C.S. § 5503 (relating to disorderly
4conduct).

5(v) 18 Pa.C.S. § 6310.3 (relating to carrying a
6false identification card).

7(3) Search, seize and dispose of seized property in
8accordance with the following:

9(i) Upon reasonable and probable cause with a
10warrant, except in private homes, to search and seize the
11following:

12(A) Medical cannabis unlawfully possessed,
13manufactured, sold, imported or transported.

14(B) Equipment, materials, utensils, vehicles,
15boats, vessels or aircraft which are or have been
16used in the unlawful manufacture, sale, importation
17or transportation of medical cannabis.

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).

27(ii) 18 Pa.C.S. § 2702 (relating to aggravated
28assault).

29(iii) 18 Pa.C.S. § 2705 (relating to recklessly
30endangering another person).

1(iv) 18 Pa.C.S. § 2706 (relating to terroristic
2threats).

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

4(vi) 18 Pa.C.S. § 5104 (relating to resisting arrest
5or other law enforcement).

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

7(5) Serve and execute warrants issued by the proper
8authorities for offenses under this subsection and to serve
9subpoenas.

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.

16(7) To investigate and issue citations for the
17following:

18(i) A violation of this act.

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

20(iii) A violation of another law of this
21Commonwealth.

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.

26CHAPTER 51

27MISCELLANEOUS PROVISIONS

28Section 5101. Regulations.

29(a) Requirement.--The board shall promulgate regulations as
30necessary to implement this act.

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:

6(1) Sections 201, 202, 203, 204 and 205 of act of July
731, 1968 (P.L.769, No.240), referred to as the Commonwealth
8Documents Law.

9(2) The act of June 25, 1982 (P.L.633, No.181), known as
10the Regulatory Review Act.

11(3) Section 204(b) and 301(10) of the act of October 15,
121980 (P.L.950, No.164), known as the Commonwealth Attorneys
13Act.

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.

18(d) Publication.--The board shall begin publishing temporary
19regulations in the Pennsylvania Bulletin no later than six
20months following the effective date of this section.

21Section 5102. Applicability of other statutes.

22The following acts shall apply to the board:

23(1) The act of February 14, 2008 (P.L.6, No.3), known as
24the Right-to-Know Law.

25(2) The act of July 19, 1957 (P.L.1017, No.451), known
26as the State Adverse Interest Act.

27(3) 65 Pa.C.S. Chs. 7 (relating to open meetings) and 11
28(relating to ethics standards and financial disclosure).

29Section 5103. Repeals.

30The following shall apply:

1(1) Sections 4 and 13 of the act of April 14, 1972
2(P.L.233, No.64), known as The Controlled Substance, Drug,
3Device and Cosmetic Act, are repealed insofar as they are
4inconsistent with this act.

5(2) All acts and parts of acts are repealed insofar as
6they are inconsistent with this act.

7Section 5104. Sovereign Immunity.

8The Commonwealth may not be held liable for any deleterious
9outcomes resulting from the medical use of cannabis by a
10patient.

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.