Regular Session 2015-2016 Senate Bill 0003 P.N. 1609

HOUSE AMENDED

PRIOR PRINTER'S NOS. 224, 793, 840,

889

PRINTER'S NO. 1609

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

Session of

2015

INTRODUCED BY FOLMER, LEACH, TEPLITZ, WILEY, BLAKE, FONTANA,

YUDICHAK, SCARNATI, BOSCOLA, YAW, ARGALL, SMITH, COSTA,

FARNESE, WAGNER, BARTOLOTTA, WILLIAMS, TARTAGLIONE,

VULAKOVICH, WHITE, SCHWANK, RAFFERTY, STEFANO, WOZNIAK,

McGARRIGLE, BROWNE AND DINNIMAN, JANUARY 26, 2015

AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,

MARCH 15, 2016

AN ACT

Providing for the medical use of cannabis in the Commonwealth of

Pennsylvania.

TABLE OF CONTENTS

CHAPTER 1. PRELIMINARY PROVISIONS

Section 101. Short title.

Section 102. Definitions.

CHAPTER 3. STATE BOARD OF MEDICAL CANNABIS

LICENSING AND ADMINISTRATIVE PROCEDURE

Section 301. License.

Section 302. State Board of Medical Cannabis Licensing.

Section 303. Powers and duties of board.

Section 304. Subpoena power.

Section 305. Hearing examiners.

Section 306. Civil penalties.

Section 307. Confidentiality.

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Section 308. Financing.

CHAPTER 5. LICENSING

Section 501. Medical cannabis growers.

Section 502. Medical cannabis processors.

Section 503. Medical cannabis dispensers.

Section 504. Applications.

Section 505. Licensing of owner or operator.

Section 506. Occupation permit for medical cannabis employees

and certain patient representatives.

Section 507. Change in ownership.

Section 508. Location.

Section 509. Storage and transportation.

Section 510. Disposal and donation.

Section 511. Testing laboratories.

Section 512. Licensee prohibitions.

CHAPTER 7. MEDICAL CANNABIS ACCESS

Section 701. Medical cannabis access card.

Section 702. Health care practitioners.

Section 703. Expansion of medical conditions.

Section 704. Medical use permitted.

Section 705. Authorized use.

Section 706. Health insurance.

Section 707. Sovereign immunity.

CHAPTER 9. PROTECTION, PROHIBITIONS,

ENFORCEMENT AND PENALTIES

Section 901. Civil discrimination protection.

Section 902. Prohibitions and use.

Section 903. Unlawful activities.

Section 904. Criminal penalties and fines.

Section 905. Daily log access.

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Section 906. Law enforcement.

CHAPTER 11. MEDICAL CANNABIS SURCHARGE

Section 1101. Definitions.

Section 1102. Incidence and rate of surcharge.

Section 1103. Limitation of surcharge.

Section 1104. Remittance of surcharge to department.

Section 1105. Procedures for claiming refund.

Section 1106. Sales or possession of medical cannabis when

surcharge not paid.

Section 1107. Assessment.

Section 1108. Failure to file return.

Section 1109. False or fraudulent return.

Section 1110. Extension of limitation period.

Section 1111. Failure to furnish information, returning false

information or failure to permit inspection.

Section 1112. Records of shipments and receipts of medical

cannabis required.

Section 1113. Licensing of medical cannabis purveyors.

Section 1114. License fees and issuance and display of license.

Section 1115. Electronic filing.

Section 1116. Expiration of license.

Section 1117. Administration powers and duties.

Section 1118. Sales without license.

Section 1119. Violations and penalties.

Section 1120. Property rights.

Section 1121. Information exchange.

CHAPTER 51. MISCELLANEOUS PROVISIONS

Section 5101. Regulations.

Section 5102. Appropriation.

Section 5103. Applicability of other statutes.

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Section 5104. Repeals.

Section 5105. Effective date.

ESTABLISHING A MEDICAL MARIJUANA PROGRAM; PROVIDING FOR PATIENT

AND CAREGIVER CERTIFICATION AND FOR MEDICAL MARIJUANA

ORGANIZATION REGISTRATION; IMPOSING DUTIES ON THE DEPARTMENT

OF HEALTH; PROVIDING FOR A TAX ON MEDICAL MARIJUANA

ORGANIZATION GROSS RECEIPTS; ESTABLISHING THE MEDICAL

MARIJUANA PROGRAM FUND; ESTABLISHING THE MEDICAL MARIJUANA

ADVISORY BOARD; ESTABLISHING A MEDICAL MARIJUANA RESEARCH

PROGRAM; IMPOSING DUTIES ON THE DEPARTMENT OF CORRECTIONS,

THE DEPARTMENT OF EDUCATION AND THE DEPARTMENT OF HUMAN

SERVICES; AND PROVIDING FOR ACADEMIC CLINICAL RESEARCH

CENTERS AND FOR PENALTIES AND ENFORCEMENT.

TABLE OF CONTENTS

CHAPTER 1. PRELIMINARY PROVISIONS

SECTION 101. SHORT TITLE.

SECTION 102. DECLARATION OF POLICY.

SECTION 103. DEFINITIONS.

CHAPTER 3. PROGRAM

SECTION 301. PROGRAM ESTABLISHED.

SECTION 301.1. CONFIDENTIALITY AND PUBLIC DISCLOSURE.

SECTION 302. PRACTITIONER REGISTRATION.

SECTION 303. PRACTITIONER RESTRICTIONS.

CHAPTER 5. PATIENT AND CAREGIVER CERTIFICATION

SECTION 501. ISSUANCE OF CERTIFICATION.

SECTION 502. CERTIFICATION FORM.

SECTION 503. LAWFUL USE OF MEDICAL MARIJUANA.

SECTION 504. UNLAWFUL USE OF MEDICAL MARIJUANA.

SECTION 505. IDENTIFICATION CARDS.

SECTION 506. PROCESS FOR OBTAINING OR RENEWING AN

IDENTIFICATION CARD.

SECTION 507. SPECIAL CONDITIONS.

SECTION 508. MINORS.

SECTION 509. CAREGIVER AUTHORIZATION AND LIMITATIONS.

SECTION 510. CONTENTS OF IDENTIFICATION CARD.

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SECTION 511. SUSPENSION.

SECTION 512. USE OF PRESCRIPTION DRUG MONITORING PROGRAM.

SECTION 513. PROHIBITIONS.

CHAPTER 7. MEDICAL MARIJUANA ORGANIZATIONS

SECTION 701. MEDICAL MARIJUANA ORGANIZATIONS.

SECTION 702. LABORATORY.

SECTION 703. DISPENSING TO PATIENTS AND CAREGIVERS.

SECTION 704. PRICING.

SECTION 705. FACILITY REQUIREMENTS.

SECTION 706. REGISTRATION.

SECTION 707. LIMITATIONS ON REGISTRATIONS.

SECTION 708. APPLICATION AND ISSUANCE OF REGISTRATION.

SECTION 709. REGISTRATION RENEWALS.

SECTION 710. SUSPENSION OR REVOCATION OF REGISTRATION.

SECTION 711. PRIVILEGE NOT PROPERTY RIGHT.

SECTION 712. DIVERSITY GOALS.

CHAPTER 9. TAX ON MEDICAL MARIJUANA

SECTION 901. EXCISE TAX ON MEDICAL MARIJUANA.

SECTION 902. MEDICAL MARIJUANA PROGRAM FUND.

CHAPTER 11. ADMINISTRATION

SECTION 1101. GOVERNING PRACTICE AND PROCEDURE.

SECTION 1102. REPORTS BY MEDICAL MARIJUANA ORGANIZATIONS.

SECTION 1103. LAW ENFORCEMENT NOTIFICATION.

SECTION 1104. EVALUATION.

SECTION 1105. REPORT.

SECTION 1106. ADVISORY BOARD.

SECTION 1107. REGULATIONS.

SECTION 1108. REGULATIONS BASED ON RECOMMENDATIONS OF BOARD.

SECTION 1109. TEMPORARY REGULATIONS.

CHAPTER 13. OFFENSES RELATED TO MEDICAL MARIJUANA

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SECTION 1301. CRIMINAL DIVERSION OF MEDICAL MARIJUANA BY

PRACTITIONERS.

SECTION 1302. CRIMINAL DIVERSION OF MEDICAL MARIJUANA BY

MEDICAL MARIJUANA ORGANIZATIONS.

SECTION 1303. CRIMINAL RETENTION OF MEDICAL MARIJUANA.

SECTION 1304. CRIMINAL DIVERSION OF MEDICAL MARIJUANA BY

PATIENT OR CAREGIVER.

SECTION 1305. FALSIFICATION OF IDENTIFICATION CARDS.

SECTION 1306. ADULTERATION OF MEDICAL MARIJUANA.

SECTION 1307. DISCLOSURE OF INFORMATION PROHIBITED.

SECTION 1308. ADDITIONAL PENALTIES.

SECTION 1309. OTHER RESTRICTIONS.

CHAPTER 19. RESEARCH PROGRAM

SECTION 1901. DEFINITIONS.

SECTION 1902. ESTABLISHMENT OF MEDICAL MARIJUANA RESEARCH

PROGRAM.

SECTION 1903. MEDICAL MARIJUANA RESEARCH PROGRAM

ADMINISTRATION.

SECTION 1904. APPROVAL.

SECTION 1905. REQUIREMENTS.

SECTION 1906. RESTRICTIONS.

SECTION 1907. REGULATIONS.

SECTION 1908. NONENTITLEMENT.

CHAPTER 20. ACADEMIC CLINICAL RESEARCH CENTERS

SECTION 2001. DEFINITIONS.

SECTION 2002. REGISTRATION AS BOTH GROWER/PROCESSOR AND

DISPENSARY COLLABORATING WITH AN ACADEMIC CLINICAL

RESEARCH CENTER.

SECTION 2003. RESEARCH STUDY.

CHAPTER 21. MISCELLANEOUS PROVISIONS

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SECTION 2101. CONFLICT.

SECTION 2101.1. FINANCIAL AND EMPLOYMENT INTERESTS.

SECTION 2102. INSURERS.

SECTION 2103. PROTECTIONS FOR PATIENTS AND CAREGIVERS.

SECTION 2104. SCHOOLS.

SECTION 2105. DAY-CARE CENTERS.

SECTION 2106. MEDICAL MARIJUANA FROM OTHER STATES.

SECTION 2107. ZONING.

SECTION 2108. NOTICE.

SECTION 2109. APPLICABILITY.

SECTION 2110. EFFECTIVE DATE.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

CHAPTER 1

PRELIMINARY PROVISIONS

Section 101. Short title.

This act shall be known and may be cited as the Medical

Cannabis Act.

Section 102. Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Account." The Professional Licensure Augmentation Account

established under and used in accordance with the act of July 1,

1978 (P.L.700, No.124), known as the Bureau of Professional and

Occupational Affairs Fee Act.

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

"Change in control." The acquisition by a person or group of

persons acting in concert of at least 20% of an interest in a

licensed entity.

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"Department." Except as provided in section 1101, the

Department of State of the Commonwealth.

"Health care facility." A facility that provides health care

to patients. The term includes:

(1) Any of the following, as defined under section 802.1

of the act of July 19, 1979 (P.L.130, No.48), known as the

Health Care Facilities Act:

(i) A health care facility.

(ii) An ambulatory surgical facility.

(iii) A long-term care nursing facility.

(iv) A hospice.

(2) A clinic operated by a hospital.

(3) A cancer treatment center.

"Health care practitioner." Any of the following:

(1) A medical doctor or a doctor of osteopathy, as

defined under section 2 of the act of December 20, 1985

(P.L.457, No.112), known as the Medical Practice Act of 1985.

(2) A certified registered nurse practitioner as defined

in section 2(12) of the act of May 22, 1951 (P.L.317, No.69),

known as The Professional Nursing Law, when acting in

collaboration with a physician as set forth in a written

agreement.

"Medical cannabis." As follows:

(1) Plants containing cannabidiol, tetrahydrocannabinol

or delta-9-tetrahydrocannabinol acid or any part of a

cannabis plant, including cannabis processed by extracting

oil from the plant, intended for medical purposes.

(2) The term includes any of the following made from

plants under paragraph (1):

(i) Oils.

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(ii) Ointments.

(iii) Tinctures.

(iv) Liquids.

(v) Gels.

(vi) Pills.

(vii) Similar substances.

"Medical cannabis access card." A document issued by the

Department of Health that authorizes a patient or patient

representative to purchase and possess medical cannabis in this

Commonwealth.

"Medical cannabis dispenser." A for-profit or nonprofit

entity licensed under section 503 to dispense medical cannabis.

"Medical cannabis employee." An individual who is eligible

to receive an occupation permit by meeting one of the following:

(1) An individual who meets all of the following:

(i) Is employed by a medical cannabis grower,

medical cannabis processor, medical cannabis dispenser or

certified laboratory with the authority to make a

discretionary decision relating to the growing,

processing, dispensing or testing of medical cannabis,

including a manager, supervisor or an individual who

directly handles or controls medical cannabis.

(ii) Is responsible for tracking the amount and

transportation of medical cannabis.

(2) Any other employee position designated by the board.

"Medical cannabis grower." A for-profit or nonprofit entity

licensed under section 501 that grows or cultivates cannabis for

distribution to authorized medical cannabis processors and

medical cannabis dispensers in accordance with this act.

"Medical cannabis processor." A for-profit or nonprofit

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entity licensed under section 502 authorized to purchase medical

cannabis from a medical cannabis grower for the purpose of

processing the medical cannabis for distribution to a medical

cannabis dispenser in accordance with this act.

"Medical cannabis strains." The three types of pure cannabis

utilized for medical purposes. The term includes cannabis

sativa, cannabis indica and the hybrid created by the

combination of both cannabis sativa and cannabis indica.

"Medical use." The acquisition, possession or use of medical

cannabis by a registered patient or patient representative. The

term does not include the smoking of cannabis.

"Occupation permit." A permit issued by the board

authorizing an individual to be employed as a medical cannabis

employee or patient representative.

"Owner or operator." Any of the following:

(1) An officer or director of the medical cannabis

grower, processor or dispenser licensed under section 505.

(2) A person who directly holds a beneficial interest in

or has a controlling interest in an applicant or licensee.

(3) A person who has the ability to elect a majority of

the board of directors of a licensee or to otherwise control

a licensee.

"Patient." An individual who has an established

practitioner-patient relationship and has been diagnosed with a

qualified medical condition.

"Patient representative." Any of the following:

(1) A parent or guardian of a registered patient.

(2) An individual who:

(i) is at least 18 years of age; and

(ii) receives a medical cannabis access card which

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authorizes:

(A) purchase, possession, transport and transfer

of medical cannabis from a medical cannabis

dispenser; and

(B) proper administration of the medical

cannabis to a registered patient in accordance with

the recommendation of the registered patient's health

care practitioner.

"Practitioner-patient relationship." The relationship

established between a patient and health care practitioner

following an assessment of the patient's medical history and

current condition and the conduct of a personal examination.

"Qualified medical condition." Any of the following:

(1) Cancer.

(2) Epilepsy and seizures.

(3) Amyotrophic lateral sclerosis.

(4) Cachexia/wasting syndrome.

(5) Parkinson's disease.

(6) Traumatic brain injury and postconcussion syndrome.

(7) Multiple sclerosis.

(8) Spinocerebellara Ataxia (SCA).

(9) Posttraumatic stress disorder.

(10) Severe fibromyalgia.

(11) HIV/AIDS.

(12) Glaucoma.

(13) Chronic or intractable pain where other methods of

treatment no longer have therapeutic or palliative benefit.

(14) Crohn's disease.

(15) Diabetes.

(16) A condition authorized by the department under

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section 703.

"Testing laboratory." A clinical laboratory or testing

facility located within this Commonwealth, certified by the

board under section 511.

"Tracking system." An electronic system established by the

department to monitor the activities of a person that grows,

processes, dispenses, transports or tests medical cannabis or is

determined by the department to be engaged in an activity

regulated under this act.

"Verification system." An electronic system established and

maintained by the Department of Health that allows the

Department of Health, the Bureau of Professional and

Occupational Affairs, licensed dispensers and law enforcement to

verify the issuance of a medical cannabis access card to an

individual.

"Written certification." A document dated and signed by a

health care practitioner that meets the requirements under

section 702(c).

CHAPTER 3

STATE BOARD OF MEDICAL CANNABIS

LICENSING AND ADMINISTRATIVE PROCEDURE

Section 301. License.

(a) Medical cannabis.--A person may not conduct an activity

related to the growing, processing or dispensing of medical

cannabis or operating a testing laboratory unless the person is

licensed or certified by the board under this act.

(b) Employee.--A licensed medical cannabis grower, medical

cannabis processor or a medical cannabis dispenser may not

employ an individual to directly participate in the growing,

processing, delivery or dispensing of medical cannabis unless

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the individual receives an occupation permit from the board

under this act.

Section 302. State Board of Medical Cannabis Licensing.

(a) Establishment.--There is hereby established the State

Board of Medical Cannabis Licensing within the department.

(b) Composition.--The board shall consist of the following:

(1) The Secretary of Health or a designee who is an

employee of the Department of Health.

(2) Commissioner of Professional and Occupational

Affairs or a designee who is an employee of the Bureau of

Professional and Occupational Affairs.

(3) The Secretary of Human Services or a designee who is

an employee of the Department of Human Services.

(4) Two public members.

(5) One medical doctor who is an expert in the field of

pediatrics.

(6) Two members who are medical doctors representing

specialties which utilize medical cannabis to treat patients.

(7) The Physician General.

(8) Two members who are registered nurses.

(9) A licensed pharmacist.

confirmation of the members and shall:

(1) Establish procedures to operate the board.

(2) Develop applications and other forms for licensure

and occupation permits and enforcement of this act and

certifications for testing laboratories.

(3) Promulgate regulations, as necessary, to implement

and enforce this act.

(d) Appointment and qualifications.--Each professional and

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public member shall be appointed by the Governor with the advice

and consent of a majority of the Senate. Each member must comply

with all of the following:

(1) Be a citizen of the United States and a resident of

this Commonwealth.

(2) Not hold any other public office during the term on

the board.

(e) Terms.--

(1) A member under subsection (b)(1), (2) or (3) shall

serve ex officio.

(2) For a member under subsection (b), the following

apply:

(i) Initial appointments shall be as follows:

(A) Three members shall serve for a term of four

years.

(B) Three members shall serve for a term of

three years.

years.

(ii) Each subsequent term shall be for four years or

until a successor has been appointed and qualified, which

may not be longer than six months beyond the four-year

period.

(iii) A member may not serve more than two

consecutive terms.

(f) Quorum.--A majority of the members of the board shall

constitute a quorum. Each member must be physically in

attendance to be counted as part of a quorum or to vote on an

issue. A majority of the members present shall be necessary for

a vote to be considered binding.

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(g) Chairperson.--The board shall annually select a

chairperson from the members of the board.

(h) Expenses.--With the exception of ex officio members,

each member of the board shall receive $100 per diem when

attending to the work of the board. A member shall also receive

the amount of reasonable travel, hotel and other necessary

expenses incurred in the performance of the member's duties in

accordance with Commonwealth regulations.

(i) Forfeiture.--A member who fails to attend three

consecutive meetings shall forfeit the member's seat unless the

chairman, upon written request from the member, finds that the

member should be excused because of illness or death of a family

member.

(j) Frequency of meetings.--The board shall meet at least

once per month for the first 12 months, including and after the

initial meeting required by section 302(c). After the first 12

months following the establishment of the board, the board shall

meet at least six times a year and may meet at additional times

as necessary to conduct the business of the board.

Section 303. Powers and duties of board.

The board shall have the following powers and duties:

(1) To provide for and regulate the licensing of the

following:

(i) A medical cannabis grower under section 501.

(ii) A medical cannabis processor under section 502.

(iii) A medical cannabis dispenser under section

503.

(2) To issue occupation permits to medical cannabis

employees.

(3) To issue certifications to testing laboratories

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under section 511.

(4) To issue, deny, renew, reinstate or refuse to renew,

suspend and revoke licenses, certifications of testing

laboratories and occupation permits in accordance with this

act.

(5) To implement procedures to allow the expansion of

qualified medical conditions for which a patient may obtain

medical cannabis under section 703.

(6) To administer and enforce the provisions of this

act.

(7) To investigate and conduct background checks for

each application for a license or occupation permit to

determine the fitness and eligibility of a person applying

for a license or occupation permit.

(8) To establish fees for application and renewal of

licenses and occupation permits and the due dates for all

fees.

(9) To charge for services related to the enforcement

and administration of this act. Billings shall be submitted

at least quarterly and all charges shall be itemized.

(10) To keep minutes and records of each transaction and

proceeding.

(11) To provide standards for the appearance of

dispensers to ensure a professional atmosphere.

(12) To require site plans, including streets, property

lines, buildings, security features and access to water

sources.

(13) To require utilization of any prescription

monitoring program established by the Commonwealth by a

health care practitioner to review a patient's pharmaceutical

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history.

(14) To establish an electronic verification system that

can be accessed by health care practitioners, the Department

of Health, patients, the Bureau of Professional and

Occupational Affairs, law enforcement personnel and other

individuals designated by the board to verify individual

medical cannabis access cards and determine whether the

identification number corresponds with a current, valid

registry identification card and that the cardholder is a

registered qualifying patient or a patient representative.

The verification system:

(i) Must be available on a 24-hour basis for the

verification of medical cannabis access cards.

(ii) May only disclose the validity of the card,

whether the cardholder is a qualified patient or a

patient representative and the registry identification

number of the patient.

(iii) Must determine whether a medical cannabis

access card has been suspended or revoked.

(15) To establish an electronic tracking system to be

used by the department to track the growing, processing,

transporting, dispensing and delivery of all medical cannabis

products between growers, processors, laboratories, transport

entities, dispensers and other persons engaged in activities

regulated under this act. The electronic tracking system must

include:

(i) Date, time, quantity and price of each sale of

medical cannabis to a qualified patient or patient

representative.

(ii) Each daily record of plants and products grown

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and possessed by a licensee, including date of harvest,

batch number, origin and strain, number of seeds or

cuttings planted, chemical additives, disposal and other

information required by the board.

(iii) Each sale, transport and other activity as

deemed necessary by the department.

(iv) Records of transport to and from testing

laboratories and the results of testing.

(v) An inventory control system, including each

day's beginning inventory, acquisitions, harvests, sales,

disbursements, disposals and ending inventory.

Information must be added to the electronic tracking

system under this paragraph on a daily basis.

(16) To establish a medical cannabis registry to ensure

adequate availability of different strains and concentrations

of medical cannabis.

(17) To develop regular inspection schedules,unannounced

inspections, procedures and other enforcement measures to

regulate all medical cannabis growers, processors, dispensers

and testing laboratories.

(18) To inspect, at any time, premises occupied or used

for the production, preparation, testing, packaging,

processing, storage, sale, distribution and transport of

medical cannabis.

(19) To develop standards and requirements for the

implementation, use and maintenance of security systems.

(20) To submit annually to the department an estimate of

financial requirements of the board, including

administrative, legal and other expenses.

(21) To develop a system for mandatory and voluntary

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recall of defective products or medical cannabis.

(22) To develop standards for creation and maintenance

of qualifying patient records.

(23) To promulgate regulations to implement this act,

including:

(i) The receipt of medical cannabis for study and

research of the health benefits of medical cannabis by

accredited research institutions, universities and

colleges in this Commonwealth.

(ii) Determination of required quality and safe

clinical strength of medical cannabis.

(iii) Print advertising and marketing of medical

cannabis.

(iv) Containers, tracking and testing.

(v) Packaging and labeling by licensed growers,

licensed processors and licensed dispensers. Regulations

under this subparagraph shall require labeling to

specify:

(A) date of packaging;

(B) use-by date;

(D) instructions to keep the product in the

package;

(E) warnings related to use, including pregnancy

and medical conditions;

(F) warnings to keep medical cannabis out of

children's reach;

(G) other warnings deemed appropriate by the

board;

(H) recommended dosages; and

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(I) appropriate methods to administer medical

cannabis for authorized diseases.

(24) To provide for the form and content of the

authority given to a registered patient by a health care

practitioner to obtain medical cannabis.

(25) To adopt requirements relating to the amount of

tetrahydrocannabinol authorized for each product and the

tetrahydrocannabinol's application to the appropriate

qualified medical condition.

(26) To consult information published by the American

Herbal Pharmacopeia, in the promulgation of regulations.

(27) To enforce regulations under this act.

(28) To establish record retention policies for persons

regulated under this act.

Section 304. Subpoena power.

The General Counsel of the Commonwealth, or the General

Counsel's designee, shall have the power to issue a subpoena on

behalf of the board in enforcement, disciplinary and licensing

matters before the board in order to investigate an alleged

violation in accordance with the following:

(1) The power shall not apply to patient records without

order of a court of competent jurisdiction showing that the

records are reasonably necessary for the conduct of an

investigation.

(2) The court may impose limitations on the scope of a

subpoena as necessary to prevent unnecessary intrusion into

patient confidential information.

(3) The attorney representing the Commonwealth in a

disciplinary matter before the board may apply to

Commonwealth Court to enforce the subpoenas.

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(4) Nothing in this section shall be construed to excuse

a person from producing documents and records as requested by

the board under any other provision of law.

Section 305. Hearing examiners.

(a) Appointment.--The Commissioner of Professional and

Occupational Affairs, after consultation with the board, shall

appoint hearing examiners as necessary to conduct hearings in

disciplinary matters before the board.

(b) Regulation.--Regulations promulgated by the board shall

include the procedural rules to be followed by hearing examiners

under this act. Each proceeding shall be conducted in accordance

with 2 Pa.C.S. (relating to administrative law and procedure).

powers:

(1) To conduct hearings.

(2) To issue subpoenas requiring:

(i) The attendance and testimony of individuals.

(ii) The production of pertinent records or other

papers by persons whom the examiner believes have

information relevant to matters pending before the

examiner.

(3) To issue decisions.

Section 306. Civil penalties.

(a) Authorization.--The board shall adopt a schedule of

civil penalties for operating without a current, registered,

unsuspended and unrevoked license, certificate or occupation

permit and for violations of this act. The schedule shall be

published in the Pennsylvania Bulletin.

(b) Imposition.--An agent of the board may issue citations

and impose penalties for a violation of this chapter. A citation

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or a penalty may be appealed to a hearing examiner or the board

pursuant to regulations promulgated by the board. If the matter

is initially referred to a hearing examiner, the board shall

render a decision on an exception to the decision of the hearing

examiner or on any applications for review under 2 Pa.C.S.

(relating to administrative law and procedure).

(1) In addition to any other penalty authorized by law,

the board may impose the following sanctions:

(i) Revocation of the license, permit or certificate

of a person convicted of a criminal offense or violation

of this act or regulations of the board which would

disqualify the holder from growing, processing or

dispensing medical cannabis.

(ii) Revocation of the license of a person for

willfully and knowingly violating or attempting to

violate an order of the board directed to the person.

(iii) Revocation of an occupation permit or

certificate of a person for willfully and knowingly

violating or attempting to violate an order of the board

directed to the person.

(iv) Suspension of the license, permit or

certificate of a person pending the outcome of a hearing

in a case in which a license, occupation permit or

certification revocation could result.

(v) Suspension of the license of a licensed grower,

processor or dispenser for a violation or attempt to

violate any provisions of this act.

(vi) Assessment of an administrative penalty as

necessary to address misconduct and deter future

20150SB0003PN01609 - 22 -

violations.

(vii) Ordering of restitution of funds or property

unlawfully obtained or retained by a licensee.

(viii) Entrance of a cease and desist order which

specifies the conduct which is to be discontinued,

altered or implemented by the licensee.

(2) If the board refuses to issue or renew a license,

certificate or occupation permit or imposes a penalty under

paragraph (1), the board shall provide the applicant,

licensee, certificate holder or permit holder with written

notification of the decision, including a statement of the

reasons for the decision by certified mail within five

business days of the decision of the board. The applicant,

licensee, certificate holder or permittee shall have the

right to appeal the decision in accordance with 2 Pa.C.S.

Chs. 5 (relating to practice and procedure) and 7 (relating

to judicial review).

(3) A person who aids, abets, counsels, induces,

procures or causes another person to violate this act shall

be subject to all sanctions and penalties provided under this

subsection.

(d) Additional powers.--In addition to the penalties under

subsections (b) and (c), the board shall have the power to do

the following:

(1) Levy a civil penalty of not more than $25,000 for a

violation of this act.

(2) Impose a civil penalty of up to $15,000 per

violation if a person aids and abets the unlicensed growing,

processing, distribution or dispensing of medical cannabis.

The penalty may not be levied against a person solely as a

20150SB0003PN01609 - 23 -

consequence of that person being a registered patient of the

unlicensed person.

(3) Assess against a respondent determined to be in

violation of this act the costs of investigation underlying

that disciplinary action. The cost of investigation shall not

include costs incurred by the board after the filing of

formal actions or disciplinary charges against a respondent.

(e) Judgment.--A civil penalty imposed under this section

shall be a judgment in favor of the board upon the person or

property of the person upon whom the civil penalty is imposed.

The Attorney General shall be responsible for enforcing the

judgments in courts of competent jurisdiction in accordance with

the provisions of 42 Pa.C.S. (relating to judiciary and judicial

procedure).

Section 307. Confidentiality.

(a) General rule.--Investigative records of the board,

including prosecutorial memos and transcripts of deposition on

behalf of the board or concerning a licensure-related complaint

filed with the department, shall be confidential and privileged.

The following shall apply:

(1) No person who has investigated or has access to or

custody of documents, materials or information which is

confidential and privileged under this section may be

required to testify in a judicial or administrative

proceeding without the written consent of the board unless

directed to do so by a court of competent jurisdiction.

(2) This subsection shall not preclude or limit

introduction of the contents of an investigative file or

related witness testimony in a hearing or proceeding before

the board.

20150SB0003PN01609 - 24 -

(3) This section shall not apply to a letter or other

document to a licensee, occupation permittee or certificate

holder that discloses the final outcome of an investigation

or to a final adjudication or order of the board.

(b) Disclosure permitted.--Except as provided in subsection

(a), this section shall not prevent disclosure of documents,

materials or information pertaining to the status of a license,

certificate or occupation permit or the sharing of information

with law enforcement officials or similar regulatory boards in

other jurisdictions. A violation of this section shall subject

an employee or agent of the board to administrative discipline,

including discharge, suspension or other formal or appropriate

disciplinary action.

execute a confidentiality affidavit which provides that

documents, materials or information in subsection (a) obtained

by the employee or agent shall be considered confidential and

may be disclosed only as permitted under this section.

(d) Waiver.--The board may not require an applicant to waive

any confidentiality under this section as a condition for the

approval of a license or other action of the board.

Section 308. Financing.

(a) Setting of fees.--Beginning two years after the

effective date of this subsection, all fees required under this

act shall be fixed by the board by regulation. If revenue raised

by fees, fines and civil penalties imposed under this act are

not sufficient to meet expenditures over a two-year period, the

board shall increase those fees by regulation under section

303(23) so that the projected revenues will meet or exceed

projected expenditures.

20150SB0003PN01609 - 25 -

(b) Renewal fees.--Beginning two years after the effective

date of this subsection, all renewal fees shall be deposited

into the account.

Occupational Affairs determines that the fees established by the

board under subsection (a) are inadequate to meet the minimum

enforcement efforts required by this act, then the bureau, after

consultation with the board, shall increase the fees by

regulation under section 303(23) in an amount that adequate

revenues are raised to meet the required enforcement effort.

(d) Disposition.--Fees, fines and civil penalties imposed

and collected under this act shall be for the exclusive use of

the board in carrying out this act and shall be annually

appropriated from the account for that purpose. This subsection

shall not apply to an initial license fee.

(e) Charging of fees.--The board may charge a reasonable

fee, as set by the board by regulation under section 303(23),

for all examinations, enforcement activities, registrations,

certificates, audits, licensures or applications permitted by

this act or a regulation under this act.

(f) Civil penalties.--All civil penalties shall be deposited

into the account.

Section 309. Records and reports.

(a) Records.--Each record of activities required under this

act must be retained for a period of at least two years unless

otherwise required by the board.

(b) Reports to department.--The board shall submit annually

to the department an estimate of the financial requirements of

the board for its administrative, investigative, legal and

miscellaneous expenses.

20150SB0003PN01609 - 26 -

and the Appropriations Committee of the House of

Representatives.--The board shall submit annually to the

Appropriations Committee of the Senate and the Appropriations

Committee of the House of Representatives, 15 days after the

Governor has submitted his budget to the General Assembly, a

copy of the budget request for the upcoming fiscal year which

the board previously submitted to the department.

(d) Reports to other legislative committees.--The board

shall submit annually a report to the Consumer Protection and

Professional Licensure Committee of the Senate and to the

Professional Licensure Committee of the House of Representatives

containing a description of the types of complaints received,

status of cases, board action which has been taken and the

length of time from the initial complaint to final board

resolution. The report shall also include a statement of the

numbers and types of licenses granted.

CHAPTER 5

LICENSING

Section 501. Medical cannabis growers.

(a) Licensing.--The board shall license not more than 65

medical cannabis growers to supply medical cannabis for

distribution to medical cannabis processors and medical cannabis

dispensers under this act.

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

shall impose a licensing fee in the amount of $50,000. The board

shall impose an initial $5,000 annual renewal fee for each year

immediately following the year the license was issued. Renewal

fees shall thereafter be subject to adjustment under section

308.

20150SB0003PN01609 - 27 -

grower's license shall be in effect unless suspended, revoked or

not renewed by the board for good cause.

(d) Update.--A licensee under this section must notify the

board of a change relating to the status of its license or other

information contained in its application and other information

filed with the board.

(e) Deposit.--The licensure fee under subsection (b) shall

be deposited into the General Fund. Renewal fees under

subsection (b) shall be deposited into the account.

(f) Restriction.--There shall be no restriction on specific

strains of medical cannabis that may be grown under this act.

Use of genetically modified organisms or an organism whose

genetic material has been altered using genetic engineering may

not be used in the cultivation of medical cannabis.

(g) Requirements.--A medical cannabis grower shall:

(1) Only grow medical cannabis using conventional

growing methods approved by the board in consultation with

the Department of Agriculture.

(2) Submit to preoperational and postoperational

announced and unannounced inspections by the board or the

department.

(3) Grow cannabis only in an indoor, enclosed, secure

facility.

(4) Conduct quality testing utilizing a testing

laboratory certified by the board prior to the sale of

medical cannabis and submit to random testing of medical

cannabis conducted by the board.

(5) Package and label medical cannabis products in

accordance with regulations of the board.

20150SB0003PN01609 - 28 -

(6) Only sell, transport or deliver medical cannabis to

a medical cannabis processor, certified laboratory or medical

cannabis dispenser.

(7) Provide information relating to the enclosed, secure

facility where medical cannabis will be grown, harvested or

stored, including electronic locking systems, limited access

areas, secure storage and disposal procedures, electronic

surveillance and other features required by the board.

(8) Provide a cultivation, inventory and packaging plan

and procedures for the oversight of the cultivation area,

including a plant monitoring system, container tracking

system and staffing plan.

(9) Maintain daily records of plants, sales and other

activities, as required by the board.

(10) Perform a weekly physical inventory of all plants

and containers.

(11) Notify law enforcement within 24 hours of any loss

or theft of medical cannabis and record the loss or theft in

the electronic tracking system.

(12) Utilize any electronic tracking system required by

the board.

(h) Prohibitions.--A medical cannabis grower may not do any

of the following:

(1) Be located within 1,000 feet of the property line of

a public, private or parochial school or a day-care center.

(2) Be located in a residential dwelling or an area

zoned for residential use.

(3) Acquire cannabis from outside this Commonwealth or

otherwise in violation of regulations of the board.

(4) Permit an individual to consume cannabis on its

20150SB0003PN01609 - 29 -

property.

(5) Advertise medical cannabis on radio or television.

(i) Exchange.--The board shall promulgate regulations for

the exchange of medical cannabis seed and plant materials

between growers.

Section 502. Medical cannabis processors.

(a) Licensing.--The board shall license not more than 65

medical cannabis processors to process medical cannabis into

oil-based medical cannabis products, including oil, ointments

and tinctures. The licensees shall be geographically dispersed

throughout this Commonwealth to allow access to processed

medical cannabis by medical cannabis dispensers.

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

shall impose a licensing fee in the amount of $50,000. The board

shall impose an initial $5,000 annual renewal fee for each year

immediately following the year the license was issued. Renewal

fees shall be subject to adjustment and deposit under section

308.

processor's license shall be in effect unless suspended, revoked

or not renewed by the board for good cause.

(d) Update.--A licensee under this section must notify the

board of a change relating to the status of its license or other

information contained in its application and other information

filed with the board.

(e) Deposit.--The license fee under subsection (b) shall be

deposited into the General Fund. Renewal fees shall be deposited

into the account.

(f) Requirements.--A medical cannabis processor shall do all

of the following:

20150SB0003PN01609 - 30 -

(1) Only use extraction and processing methods approved

by the board.

(2) Submit to preoperational and postoperational

announced and unannounced inspections by the board and the

department.

(3) Conduct quality testing utilizing a certified

testing laboratory approved by the board prior to delivery to

a dispenser and submit to random testing conducted by the

board.

(4) Only sell, transport or deliver medical cannabis to

a testing laboratory or to a medical cannabis dispenser.

(5) Conduct processing activity in a board-approved

facility that is indoor, enclosed and secure, and includes an

electronic locking system, a limited access area, secure

storage and disposal procedures, electronic surveillance and

other features required by the board.

(6) Provide information relating to the facility and

features under paragraph (5).

(7) Provide a processing, inventory and packaging plan

and procedures for the oversight of the processing facility,

including a plant and product monitoring system, container

tracking system and staffing plan.

(8) Perform a weekly physical inventory of all plants,

containers and processing materials.

(9) Maintain a daily log of access to medical cannabis

received and products shipped.

(10) Only sell medical cannabis approved by a certified

laboratory to a licensed medical cannabis dispenser.

(11) Notify law enforcement within 24 hours of a loss or

theft of medical cannabis and record the loss or theft in the

20150SB0003PN01609 - 31 -

electronic tracking system.

(12) Maintain daily records of all sales and other

activities as required by the board.

(13) Utilize any electronic tracking system required by

the board.

(g) Prohibitions.--A medical cannabis processor may not do

any of the following:

(1) Be located within 1,000 feet of the property line of

a public, private or parochial school or a day-care center.

(2) Be located in a residential dwelling or an area

zoned for residential use.

(3) Acquire medical cannabis from anyone other than a

licensed medical cannabis grower.

(4) Obtain medical cannabis from outside this

Commonwealth.

(5) Process cannabis for any purpose except to provide

medical cannabis to a licensed medical cannabis dispenser.

(6) Advertise medical cannabis on radio or television.

Section 503. Medical cannabis dispensers.

(a) Licensing.--The board shall license not more than 130

medical cannabis dispensers to accept medical cannabis access

cards and dispense medical cannabis to a registered patient or

patient representative in accordance with the instructions of a

health care practitioner. The licensees shall be geographically

dispersed throughout this Commonwealth to allow all registered

patients reasonable proximity and access to medical cannabis by

a medical cannabis dispenser.

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

shall impose a licensing fee in the amount of $50,000. The board

shall impose an initial $5,000 annual renewal fee for each year

20150SB0003PN01609 - 32 -

immediately following the year the license was issued. Renewal

fees shall be subject to adjustment under section 308.

dispenser's license shall be in effect unless suspended, revoked

or not renewed by the board for good cause.

(d) Update.--A licensee under this section must notify the

board of a change relating to the status of its license,

operation or other information contained in its application and

other information filed with the board.

(e) Deposit.--The license fee under subsection (b) shall be

deposited into the General Fund. Renewal fees shall be deposited

into the account.

(f) Requirements.--A medical cannabis dispenser shall do all

of the following:

(1) Maintain an ongoing connection with the Department

of Health's individual verification system to verify medical

cannabis access cards.

(2) Submit to preoperational and postoperational

announced and unannounced inspections by the board and the

department.

(3) Prior to dispensing medical cannabis, access the

verification system to ensure that the individual seeking to

purchase medical cannabis holds a medical cannabis access

card in effect at the time of purchase.

(4) Maintain a daily log of all medical cannabis sold

and dispensed. The log shall include:

(i) The name of the registered patient or patient

representative that holds the medical cannabis access

card.

(ii) The amount and dosage of the medical cannabis

20150SB0003PN01609 - 33 -

recommended by the physician.

(iii) The qualified medical condition of the

patient.

(iv) The amount of medical cannabis dispensed.

(v) The date and time of each dispensing to the

cardholder.

(vi) The dispensary agent's registry number.

(vii) The signature and date of the patient or

patient representative.

(5) Provide reports as required by the board relating to

amounts dispensed.

(6) Dispense no more than 2.5 ounces of medical cannabis

to a patient, directly or via a patient representative, in a

14-day period unless the qualifying patient has a quantity

waiver from the Department of Health.

(7) Only accept written certifications from a health

care practitioner for no more than the 28-day supply periods.

Thereafter, a new written certification from the health care

practitioner shall be required.

(8) Comply with recommendations of the health care

practitioner as to strain, dosage and amount of medical

cannabis dispensed.

(9) Provide all registered patients and patient

representatives with a safety insert developed by the

Department of Health which includes:

(i) Methods for administering medical cannabis.

(ii) Potential dangers.

(iii) Recognition and correction of problematic

dosage.

(iv) Other information required by the department.

20150SB0003PN01609 - 34 -

(10) Sell only medical cannabis that has received

approval from a testing laboratory.

(11) Maintain an electronic security system, including

all of the following:

(i) Electronic surveillance.

(ii) An electronic locking system.

(iii) A locked door or barrier between the entry and

a limited access area for patients, storage, disposal and

other processes.

(12) Provide for the supervision of the dispensing of

medical cannabis at all times by an individual. The board

shall determine the qualifications required to supervise the

dispensing which may include individuals with health care,

educational, pharmaceutical, management or other education or

training as determined by the board.

(13) Display appropriate signage as required by the

board.

(14) Provide the proposed address of the enclosed,

secure facility where medical cannabis will be dispensed.

(15) Provide an inventory and packaging plan and

procedures for the oversight of the dispensing facility,

including compliance with the inventory control system

developed under section 303(15), staffing plan and security

plan.

(16) Appoint a physician to function as a medical

director to serve on site or who is able to be contacted. The

medical director must:

(i) Provide training to dispensary employees.

(ii) Develop patient education.

(iii) Develop a policy for refusing to dispense

20150SB0003PN01609 - 35 -

medical cannabis to an individual who appears to be

impaired or abusing medical cannabis.

(17) Perform a weekly physical inventory of all medical

cannabis and medical cannabis products.

(18) Obtain medical cannabis only from a medical

cannabis processor.

(19) Notify law enforcement within 24 hours of a loss or

theft of medical cannabis and record the loss or theft in the

electronic tracking system.

(20) Utilize any electronic tracking system required by

the board.

(g) Prohibitions.--A medical cannabis dispenser may not do

any of the following:

(1) Be located within 1,000 feet of the property line of

a public, private or parochial school or a day-care center.

The board may adjust or waive the prohibition under this

paragraph if it is shown by clear and convincing evidence

that the adjustment or waiver is necessary to provide

adequate access to patients. An adjustment or waiver must

include any additional security, physical plant or other

conditions necessary to protect children.

(2) Be located in a residential dwelling or an area

zoned for residential use.

(3) Obtain medical cannabis from outside this

Commonwealth.

(4) Sell medical cannabis for any purpose except to a

registered patient or a patient representative.

(5) Permit an individual to consume medical cannabis on

its property.

(6) Sell products which contain nicotine or alcohol.

20150SB0003PN01609 - 36 -

(7) Sell medical cannabis over the Internet or to a

person not physically present at its location.

(8) Advertise medical cannabis on radio or television.

Section 504. Applications.

(a) Application.--An application for a grower, processor or

dispenser license must be submitted on a form and in a manner as

required by the board. In reviewing an application, the board

shall confirm that all applicable fees have been paid.

(b) Information.--An applicant for a grower, processor or

dispenser license under this act must do all of the following:

(1) Disclose the following information:

(i) Each arrest and citation for a nontraffic

summary offense of the applicant.

(ii) The name, address and photograph of the

applicant and each principal and the principal's position

within the corporation or organization.

(iii) Any financial information required by the

board.

(iv) The proposed location of the growing,

processing or dispensing operation.

(v) The details of each loan obtained to finance the

growing, processing or dispensing operation.

(vi) The details of any civil judgment against the

applicant or the applicant's owners or operators relating

to:

(A) security regulation laws of the Federal

Government;

(B) laws relating to the regulation of

pharmaceuticals; or

20150SB0003PN01609 - 37 -

corporations and unincorporated associations).

(vii) Any other information required by the board.

(2) Consent to the conduct of a background investigation

by the board, the scope of which shall be determined by the

board consistent with this act. Consent shall include a

release signed by each person subject to the investigation of

information required to complete the investigation.

under this section or to consent to a background investigation

shall result in the immediate denial of a license.

(d) Character requirements.--Each application for a grower,

processor or dispenser license shall include information,

documentation and assurances required by the board to establish

by clear and convincing evidence that the applicant is a person

of good character, honesty and integrity, has appropriate

financial suitability and is eligible and suitable to be an

owner or operator. Information shall include information

pertaining to associates during the 10-year period immediately

preceding the filing date of the application.

(e) Privilege.--The issuance or renewal of a license under

this section shall be a revocable privilege.

Section 505. Licensing of owner or operator.

(a) License required.--Each owner or operator of an

applicant for licensure under this act must obtain an owner or

operator license from the board. An owner or operator may only

have an interest in the activity under this act for which

licensure is sought.

(b) Application.--An owner or operator license application

shall be in a form prescribed by the board and shall include the

following:

20150SB0003PN01609 - 38 -

(1) Verification of status as an owner or operator from

a medical cannabis dispenser, grower or processor.

(2) A description of responsibilities as an owner or

operator.

(3) Each release necessary to obtain information from

governmental agencies, employers and other organizations.

(4) Fingerprints, which shall be submitted to the

Pennsylvania State Police. The Pennsylvania State Police

shall submit fingerprint data to and receive national

criminal history record information from the Federal Bureau

of Investigation for use in investigating an applicant for an

owner or operator license.

(5) A photograph that meets the standards of the

Commonwealth Photo Imaging Network.

(6) Details relating to a similar license, permit or

other authorization obtained in another jurisdiction.

(7) Any additional information required by the board.

background investigation, the board may issue an owner or

operator license if the applicant has proven by clear and

convincing evidence that the applicant is a person of good

character, honesty and integrity and is eligible and suitable to

be licensed as an owner or operator.

(d) Nontransferability.--A license issued under this section

shall be nontransferable.

(e) Owner or operator.--An individual who receives an owner

or operator license need not obtain an occupation permit.

(f) Waiver.--The board may waive licensure requirements for

an owner of securities in a publicly traded corporation if the

board determines that the holder of the securities is not

20150SB0003PN01609 - 39 -

significantly involved in the activities of the applicant.

Section 506. Occupation permit for medical cannabis employees

and certain patient representatives.

(a) Permit required.--Each medical cannabis employee, and

each patient representative who is an employee of a health care

facility, shall obtain an occupation permit from the board.

(b) Application.--An occupation permit application shall be

in a form prescribed by the board and shall include the

following:

(1) Verification of one of the following:

(i) The status as a medical cannabis employee or

potential medical cannabis employer from a medical

cannabis grower, processor or dispenser.

(ii) From a health care facility that the patient

representative is an employee designated to purchase,

possess, transport, deliver and properly administer

medical cannabis to a patient with a medical cannabis

access card who is unable to obtain the medical cannabis.

(2) A description of employment responsibilities.

(3) Each release necessary to obtain information from

governmental agencies, employers and other organizations.

(4) Fingerprints, which shall be submitted to the

Pennsylvania State Police. The Pennsylvania State Police

shall submit fingerprint data to and receive national

criminal history record information from the Federal Bureau

of Investigation for use in investigating an applicant for an

occupation permit.

(5) A photograph that meets the standards of the

Commonwealth Photo Imaging Network.

(6) Details relating to a similar license, permit or

20150SB0003PN01609 - 40 -

other authorization obtained in another jurisdiction.

(7) Any additional information required by the board.

background investigation, the board may issue an occupation

permit if the applicant has proven by clear and convincing

evidence that the applicant is a person of good character,

honesty and integrity and is eligible and suitable to be an

occupation permit holder.

(d) Nontransferability.--An occupation permit issued under

this section shall be nontransferable.

(e) Privilege.--The issuance or renewal of a permit under

this section shall be a revocable privilege.

Section 507. Change in ownership.

The following apply to notification and approval:

(1) A medical cannabis grower, processor or dispenser

must notify the board upon becoming aware of a proposed or

contemplated change of ownership or control of the licensee.

The new owner must pay the licensing fee required under this

chapter.

(2) The purchaser of the assets of a medical cannabis

grower, processor or dispenser must independently qualify for

a license in accordance with this act and must pay the

license fee required under this chapter.

(3) If the ownership of the operation of a licensed

grower, processor or dispenser or its affiliate is changed,

the new owner must pay the annual renewal fee for each

applicable license.

Section 508. Location.

(a) General rule.--Except as otherwise provided under this

act, each grower, processor and dispenser license shall be valid

20150SB0003PN01609 - 41 -

for the specific physical location within the municipality and

county for which it was originally granted. A person may not

distribute medical cannabis from a location other than a

licensed facility.

(b) Zoning.--The following shall apply:

(1) Facilities for the growing or processing of medical

cannabis shall meet the same municipal zoning and land use

requirements as other manufacturing, preparation and

production facilities.

(2) Facilities for the dispensing of medical cannabis

shall meet the same municipal zoning and land use

requirements as other commercial facilities.

(3) Applicants for a grower, processor or distributor

license must include a copy of the applicant's zoning

approval with the applicant's application. Local zoning

approval must be obtained prior to the issuance of a license

by the board.

this act may petition the board to relocate its facility. In

determining whether to grant a petition to relocate, the board

shall do all of the following:

(1) Evaluate the proposed new location and the reason

for relocation.

(2) Evaluate community support and compliance with local

ordinances.

(3) Consider any other information submitted by the

petitioner or required by the board.

Section 509. Storage and transportation.

The board shall develop regulations relating to the storage

and transportation of medical cannabis among growers,

20150SB0003PN01609 - 42 -

processors, testing laboratories and medical cannabis dispensers

which ensure adequate security to guard against in-transit

losses. The tracking system developed by the board shall include

all transportation and storage of medical cannabis. The

regulations shall provide for the following:

(1) Requirements relating to shipping containers and

packaging.

(2) The manner in which trucks, vans, trailers or other

carriers will be secured.

(3) Security systems that include a numbered seal on the

trailer.

(4) Obtaining copies of driver's licenses and

registrations and other information related to security and

tracking.

(5) Use of GPS systems.

(6) Number of drivers or other security required to

ensure against storage or in-transit losses.

(7) Recordkeeping for delivery and receipt of medical

cannabis products.

(8) Requirements to utilize any electronic tracking

system required by the board.

Section 510. Disposal and donation.

(a) Disposal.--The board shall promulgate regulations

relating to disposal of medical cannabis by medical cannabis

growers, processors, dispensers and law enforcement.

(b) Donation.--A medical cannabis dispenser, grower and

processor may donate medical cannabis that has been purchased or

produced and tested in this Commonwealth in accordance with this

act and is in new and unopened condition and can only be donated

for research purposes to an accredited research institution,

20150SB0003PN01609 - 43 -

university or college within this Commonwealth and recognized by

the Commonwealth.

disposals and donations of medical cannabis by licensees. A

medical cannabis grower, processor and dispenser must record

disposals and donations in the electronic tracking system.

Section 511. Testing laboratories.

(a) Certification.--The board shall certify accredited

laboratories to test medical cannabis in accordance with

regulations of the board.

(b) Requirement.--A medical cannabis grower and a medical

cannabis processor must utilize a certified laboratory to test

the quality of medical cannabis before the sale or transport of

medical cannabis is made as required by the board.

content of information required to certify laboratories,

including security requirements.

(d) Tracking.--A testing laboratory must notify law

enforcement within 24 hours of a loss or theft of medical

cannabis and record the loss or theft in the electronic tracking

system.

Section 512. Licensee prohibitions.

(a) Inspection.--A licensee or certified laboratory may not

refuse to allow an authorized employee of the department to

inspect a licensed premises at any time.

(b) Other prohibitions.--A licensee or certified laboratory

may be cited under this act for:

(1) An unlawful act prohibited by State law which occurs

on the licensed premises.

(2) An unlawful act which involves a licensee or the

20150SB0003PN01609 - 44 -

licensee's agent or employee.

(3) The sale or purchase of an illegal drug by the

licensee or by the licensee's agent or employee.

CHAPTER 7

MEDICAL CANNABIS ACCESS

Section 701. Medical cannabis access card.

(a) Department of Health.--A patient with a qualified

medical condition may register with the Department of Health and

be issued a medical cannabis access card.

(b) Enforcement.--The Department of Health shall develop

regulations to enforce the provisions of this chapter, including

revocation or suspension of a medical cannabis access card for

violations of this act.

access card shall be developed by the Department of Health.

Applications for renewal shall be required on an annual basis. A

patient representative may obtain a medical cannabis access card

on behalf of a registered patient. The Department of Health

shall require an address, photo and other identifying

information on the application.

(d) Certification.--Applications and renewals must include

written certification from a health care practitioner under

section 702(a) that the applicant has a qualified medical

condition.

(e) Verification.--The Department of Health shall verify the

information in the application and renewal form. Verification

shall include verification of the certification under subsection

(d).

(f) Time.--The Department of Health must approve or deny an

application within 90 business days.

20150SB0003PN01609 - 45 -

(g) Fee.--The Department of Health shall charge an

application fee of not more than $100 and an annual renewal fee

of not more than $50.

(h) Residency.--Except as provided in subsection (l), a

patient must reside in this Commonwealth to receive a medical

cannabis access card.

(i) Verification.--The patient or patient representative

must be assigned a registration number and must be placed on the

verification system.

(j) Duration.--The medical cannabis access card shall be

valid for two years from the date of issuance. A replacement

card shall have the same expiration date.

(k) Notification.--The Department of Health must notify the

patient or patient representative that a medical cannabis access

card is no longer valid if notice is received from:

(1) The patient or health care practitioner that the

qualified medical condition is improved and no longer

requires medical cannabis.

(2) The patient or health care practitioner that the

patient no longer has a qualified medical condition or that

medical cannabis is no longer therapeutic or palliative.

(3) The health care practitioner that the health care

practitioner believes the patient is not using the medical

cannabis as recommended.

(l) Reciprocity.--A patient registered in another state that

authorizes medical cannabis and recognizes medical cannabis

access cards from patients who are residents of this

Commonwealth may submit to the Department of Health the

patient's credentials to utilize medical cannabis. The

Department of Health shall confirm an out-of-State patient's

20150SB0003PN01609 - 46 -

status as a medical cannabis user in each state with legalized

medical cannabis and only grant a medical cannabis access card

to a person with a qualified medical condition. After the

Department of Health investigates and approves the patient's

credentials, the Department of Health shall issue the patient a

medical cannabis access card allowing the patient to utilize

medical cannabis in this Commonwealth.

(m) Patient representative.--

(1) A patient representative must be:

(i) at least 18 years of age; and

(ii) a resident of this Commonwealth.

(2) A patient representative shall do all of the

following:

(i) Register with the Department of Health in a

manner prescribed by the Department of Health.

(ii) Present, from the registered patient's health

care practitioner who prescribed the medical cannabis,

certification that the patient is unable to obtain or

administer medical cannabis for a good faith medical or

physical reason.

(iii) Notify the Department of Health within 10

business days after:

(A) a change to the information that the

provider, registered patient or patient

representative was required to submit to the

Department of Health; and

(B) the patient representative discovers that

the registry identification has been lost or stolen.

(iv) Notify the Department of Health by telephone

and in writing within 10 days following the death of the

20150SB0003PN01609 - 47 -

patient representative's registered patient. The

Department of Health shall provide instruction to the

patient representative regarding the duty to dispose of

and means by which the remaining medical cannabis may be

disposed.

(3) A patient representative may do any of the

following:

(i) Transport a registered patient to and from a

licensed medical cannabis dispenser.

(ii) Obtain and transport an appropriate supply in

accordance with section 503(f)(6) and (7) of medical

cannabis from a medical cannabis dispenser on behalf of a

registered patient.

(iii) Prepare medical cannabis for consumption by a

registered patient.

(iv) Administer medical cannabis to a registered

patient as recommended by the registered patient's health

care practitioner.

(4) A patient representative may not do any of the

following:

(i) Receive payment or other compensation for

services provided as a patient representative other than

reimbursement for reasonable expenses incurred in the

provision of services as a patient representative. In the

case of an employee of a health care facility serving as

a patient representative, the individual may not receive

payment or compensation above or beyond the individual's

regular wages.

(ii) Consume medical cannabis which has been

dispensed on behalf of a registered patient.

20150SB0003PN01609 - 48 -

(iii) Sell, provide or otherwise divert medical

cannabis which has been dispensed to a registered

patient.

(iv) Grow or cultivate medical cannabis on behalf of

any individual.

(v) Purchase medical cannabis from an unlicensed

source.

(vi) Obtain medical cannabis from a registered

patient or a patient representative.

(5) If a patient representative previously employed by a

health care facility is no longer employed by the health care

facility, the authority to obtain medical cannabis using a

medical cannabis access card or other form of authorization

issued by the Department of Health shall be void. A health

care facility that employs a patient representative to pick

up, deliver or administer medical cannabis to registered

patients shall notify the Department of Health immediately

upon termination of the patient representative's employment.

(6) The Department of Health shall promulgate

regulations relating to patient representatives, including

the form of authorization to be utilized.

(n) Confidentiality.--The Department of Health shall

maintain a verification system that includes the names of each

individual who has been issued a medical cannabis access card or

authorized to act as a patient representative. The information

on the list shall be confidential and shall not be considered a

public record under the act of February 14, 2008 (P.L.6, No.3),

known as the Right-to-Know Law. The list may not be disclosed

except to any of the following:

(1) Authorized employees of the board, the Department of

20150SB0003PN01609 - 49 -

Health and the Bureau of Professional and Occupational

Affairs as necessary to perform official duties of the board

and the Department of Health.

(2) Authorized employees of the board and the Department

of Health, as necessary to verify that a person who is

engaged in the suspected or alleged medical use of cannabis

is lawfully in possession of a medical cannabis access card.

(3) Licensed dispensers as necessary to verify

information and identity.

(4) Law enforcement as provided under section 906.

(5) Health care practitioners.

Section 702. Health care practitioners.

(a) Requirements.--A health care practitioner may recommend

the use of medical cannabis to a patient if the health care

practitioner complies with all of the following:

(1) Has a good faith practitioner-patient relationship

with the patient, not limited to a certification for the

patient to use medical cannabis or a consultation simply for

that purpose.

(2) Practices within this Commonwealth at an established

place of practice.

(3) Registers with the department if required by

department regulation.

(4) Has responsibility for the ongoing care and

treatment of the patient as long as the ongoing care

treatment is not limited to or for the primary purpose of

certifying a qualifying medical condition.

(5) Has completed and documented an in-person full

assessment of the patient's medical history and current

medical condition not more than 90 days prior to making the

20150SB0003PN01609 - 50 -

certification for medical cannabis. The assessment shall

include a review of medical records from other treating

health care practitioners from the previous 12 months.

(6) Certifies that the patient is under the physician's

care for, and that the physician has expertise in, the

patient's qualifying medical condition.

(7) Certifies that in the physician's professional

opinion, the patient is likely to receive therapeutic or

palliative benefit from the medical use of cannabis to treat

or alleviate the patient's qualifying medical condition or

symptoms associated with the condition.

(8) Bases each written certification to receive medical

cannabis on generally accepted standards of medical practice.

(9) Has adopted a recordkeeping system for all patients

for whom the physician has recommended the use of medical

cannabis.

(b) Prohibitions.--A health care practitioner may not do any

of the following:

(1) Accept, solicit or offer a form of remuneration from

or to:

(i) a patient, except normal medical examination

costs;

(ii) a patient representative;

(iii) a licensed grower, licensed processor or

licensed dispenser; or

(iv) an principal officer, employee or agent of a

person listed in subparagraph (i), (ii) or (iii).

(2) Offer a discount or an item of value to a patient

who uses or agrees to use a particular patient representative

or medical cannabis dispenser to obtain medical cannabis.

20150SB0003PN01609 - 51 -

(3) Conduct an examination of a patient for purposes of

diagnosing a qualifying medical condition at a location where

medical cannabis is sold or distributed.

(4) Hold a direct or indirect economic interest in, or

serve on the board of, a licensed medical cannabis grower,

licensed medical cannabis processor or licensed medical

cannabis dispenser.

(5) Refer a patient to a particular licensed medical

cannabis dispenser.

(6) Advertise in a facility of a licensed medical

cannabis grower, licensed medical cannabis processor or

licensed medical cannabis dispenser.

(7) Issue a written certification to receive medical

cannabis to a member of the health care practitioner's

family.

issue a written certification that includes the following:

(1) The date and signature of the health care

practitioner.

(2) A statement that in the health care practitioner's

opinion the patient is likely to receive therapeutic or

palliative benefit from the medical use of cannabis to treat

or alleviate a qualified medical condition or symptoms

associated with the qualified medical condition.

(3) Specification of the qualified medical condition.

(4) A statement that the qualifying patient is under the

health care practitioner's care for the qualified medical

condition.

(5) The recommended dosage and total amount of medical

cannabis being recommended.

20150SB0003PN01609 - 52 -

(d) Limitation.--A written certification may not be for more

than 2.5 ounces of medical cannabis for a patient in a 14-day

period unless the patient has a quantity waiver from the

Department of Health.

(e) Veterans.--A veteran who has received treatment at a

Veterans' Administration hospital shall be deemed to have a bona

fide physician-patient relationship with a Veterans'

Administration physician if the patient has been seen for the

qualified medical condition in accordance with Veterans'

Administration protocols.

Section 703. Expansion of medical conditions.

(a) Petition.--Beginning July 1, 2017, the board may accept

petitions from a resident of this Commonwealth to add additional

qualified medical conditions to those conditions for which a

patient may receive medical cannabis.

(b) Requirements.--A petition under subsection (a):

(1) must be limited to a single proposed qualified

medical condition;

(2) must be in a form prescribed by the board;

(3) must include a description of the specific medical

condition which is the subject of the petition; and

(4) must not request approval for broad categories of

illnesses.

(a), the board shall do all of the following:

(1) Review the petition received for the addition of a

qualified medical condition which would benefit from the use

of medical cannabis. The board may consolidate petitions for

the same or similar condition.

(2) Review new or current medical and scientific

20150SB0003PN01609 - 53 -

evidence pertaining to currently approved conditions.

(3) Consult medical and scientific experts as necessary

to adequately review the petition.

(4) Analyze the following:

(i) Information about why conventional medical

therapies are not sufficient to treat or alleviate the

impact of the condition or disease.

(ii) The proposed benefits from the use of medical

cannabis.

(iii) Evidence from the medical community and other

experts supporting the use of medical cannabis to

alleviate suffering caused by the condition or disease or

its treatment.

(iv) Letters of support from licensed health care

providers knowledgeable about the condition or disease,

including letters from physicians with whom the

petitioner has a physician-patient relationship.

(v) Medical or scientific documentation.

(d) Action.--The board shall approve or deny a petition in

accordance with regulations promulgated by the board.

Section 704. Medical use permitted.

(a) General rule.--The cultivation, possession, acquisition,

use, delivery, processing, dispensing or transportation of

medical cannabis by a person who, at the time the cultivation,

possession, acquisition, use, delivery, processing, dispensing

or transportation occurs, possesses a valid license,

occupational permit, certificate or medical cannabis access card

under this act and is in compliance with all applicable terms

under this act shall not be unlawful under any provision of law.

(b) Medical cannabis access card.--

20150SB0003PN01609 - 54 -

(1) Possession of or application for a medical cannabis

access card may not alone constitute probable cause to search

a person, the person's property or otherwise subject the

person or property to inspection by a governmental agency.

(2) Paragraph (1) does not apply to a patient under 18

years of age unless all of the following have occurred:

(i) The minor's health care practitioner has

explained to the minor and the minor's custodial parent,

guardian or person having legal custody the potential

risks and benefits of medical cannabis.

(ii) The custodial parent, guardian or person having

legal custody consents in writing to:

(A) Allow the minor's use of medical cannabis.

(B) Serve as the minor's patient representative.

frequency of the minor's use of medical cannabis.

adjudicated delinquent or granted accelerated rehabilitative

disposition or who pleads guilty or nolo contendere for any

offense shall not be disqualified from obtaining or possessing a

valid medical cannabis access card on the basis of the offense.

Section 705. Authorized use.

(a) Use in food.--The use of medical cannabis products mixed

into food or drinks to facilitate ingestion by a patient in a

facility or residence shall not violate the ban on edible

medical cannabis products. Any food mixed with medical cannabis

under this section may not be sold to any person.

(b) Vaporization.--For cancer, a seizure or posttraumatic

stress disorder, vaporization of medical cannabis is authorized

if a physician indicates that vaporization is necessary for the

20150SB0003PN01609 - 55 -

delivery of medical cannabis. Vaporization must be delivered by

using a form of vaporization authorized by the board. Equipment

or delivery systems approved by the board may be used for

vaporization.

Section 706. Health insurance.

Nothing in this act shall be construed to require a State

government medical assistance program or private health insurer

to reimburse a person for costs associated with the medical use

of cannabis or an employer to accommodate the medical use of

cannabis in a workplace.

Section 707. Sovereign immunity.

The Commonwealth may not be held liable for any deleterious

outcomes resulting from the medical use of cannabis by a

registered patient.

CHAPTER 9

PROTECTION, PROHIBITIONS,

ENFORCEMENT AND PENALTIES

Section 901. Civil discrimination protection.

The following shall apply:

(1) Medical cannabis, when used in accordance with this

act, may not be considered an illicit substance or otherwise

disqualify a patient from medical care.

(2) An individual may not be penalized in any of the

following ways due to the individual's use of medical

cannabis under this act:

(i) Denied custody, visitation or parenting time

with a minor child.

(ii) Presumed to neglect or endanger a minor child

unless the individual's behavior creates an unreasonable

danger to the safety of the minor by clear and convincing

20150SB0003PN01609 - 56 -

evidence.

(3) A landlord may not refuse to lease or otherwise

penalize a patient solely for having a medical cannabis

access card or using medical cannabis in accordance with this

act unless the landlord would lose a monetary or licensing-

related benefit under Federal law or regulation.

(4) A school may not refuse to enroll or otherwise

penalize a patient solely for having a medical cannabis

access card or using medical cannabis in accordance with this

act unless the school would lose a monetary or licensing-

related benefit under Federal law or regulation.

(5) An employer may not discriminate against an

individual in the hiring or termination of benefits or

otherwise penalize the individual for being a medical

cannabis access cardholder. The following shall apply:

(i) The employer may take an individual's status as

a medical cannabis access cardholder into account only if

the employer can prove the employee is abusing or

misusing the employee's medical cannabis on the premises

of the place of employment during ordinary hours of

employment or if failure to do so would cause an employer

to lose a licensing benefit under Federal law or

regulation.

(ii) An individual's positive drug test for cannabis

components or metabolites may not be considered by an

employer unless the individual unlawfully used, possessed

or was impaired by the medical cannabis while on the

premises of the place of employment or during the hours

of employment.

Section 902. Prohibitions and use.

20150SB0003PN01609 - 57 -

(a) Prohibitions.--

(1) A registered patient may not operate or be in

physical control of any of the following while under the

influence with a blood content of more than 10 nanograms of

active tetrahydrocannabis per milliliter of blood in serum:

(i) A motor vehicle.

(ii) An aircraft.

(iii) A motor boat.

(iv) Heavy machinery.

(v) A mode of transportation in a manner that would

constitute an offense under 75 Pa.C.S. Ch. 38 (relating

to driving after imbibing alcohol or utilizing drugs).

(2) A registered patient may not undertake any task

under the influence of medical cannabis when doing so would

constitute negligence or professional malpractice.

(3) A person may not allow medical cannabis obtained by

a registered patient to be used by an individual who is not

authorized to use medical cannabis under this act.

(4) An individual may not smoke medical cannabis.

(b) Use.--Except as provided under subsection (a), a

registered patient may utilize medical cannabis in any public

place, including the following:

(1) Public transportation.

(2) On school grounds if the registered patient is a

student or an employee of the school in accordance with the

Department of Education regulations regarding medication on

school grounds.

(3) In a correctional facility in accordance with

Department of Corrections regulations regarding medications

in correctional facilities.

20150SB0003PN01609 - 58 -

(4) At a public park or public beach.

and processing operations approved by the board, a person may

not adulterate, fortify, contaminate or change the character or

purity of medical cannabis from the original sold by a licensed

medical cannabis grower, processor or dispenser.

Section 903. Unlawful activities.

In addition to any other applicable provision of law, it

shall be a criminal offense to intentionally or knowingly do any

of the following:

(1) Grow, process or dispense medical cannabis without a

license under this act.

(2) Transport medical cannabis from or between an

unlicensed grower, processor or dispenser.

(3) Participate in the growing, processing, testing or

dispensing of medical cannabis in violation of this act.

(4) Fail to report, pay or truthfully account for and

pay any license fee, authorization fee or an assessment

imposed under this act.

(5) Violate any regulation of the board.

Section 904. Criminal penalties and fines.

(a) Offense.--Except as provided under subsections (b) and

(c), a violation of the act shall be graded as a misdemeanor of

the second degree.

(b) Unauthorized actions.--A medical cannabis grower,

processor or dispenser that distributes, gives, sells or

provides medical cannabis to a person other than a person

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

or certification under section 511 commits a misdemeanor of the

20150SB0003PN01609 - 59 -

first degree.

(d) Other violations.--A person that is convicted of a

second or subsequent violation of this act commits a felony of

the third degree.

Section 905. Daily log access.

(a) Court order.--A daily log under section 503(f)(4) may be

accessed by law enforcement upon receipt of a court order

obtained by the requesting law enforcement agency. Upon receipt

of a request for access under this subsection, a court may enter

an ex parte order granting the motion if the law enforcement

agency has demonstrated by a preponderance of the evidence that:

(1) The motion pertains to a person who is the subject

of an active criminal investigation.

(2) There is reasonable suspicion that a criminal act

has occurred.

(b) Use.--Data obtained by a law enforcement agency under

subsection (a) may only be used to establish probable cause to

obtain a search warrant or arrest warrant.

Section 906. Law enforcement.

The verification system may be accessed by law enforcement

agencies registered with the department to confirm the

authenticity of a medical cannabis access card. The information

shall remain confidential unless criminal charges are filed.

CHAPTER 11

MEDICAL CANNABIS SURCHARGE

Section 1101. Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Department." The Department of Revenue of the Commonwealth.

20150SB0003PN01609 - 60 -

"Medical cannabis purveyor." A medical cannabis dispenser,

medical cannabis grower, medical cannabis processor or any other

person licensed under this chapter who, in the usual course of

business, sells medical cannabis to a medical cannabis

dispenser.

"Purchase price." The total value of anything paid or

delivered, or promised to be paid or delivered, whether it be

money or otherwise, in complete performance of a sale or

purchase, without a deduction on account of the cost or value of

the property sold, cost or value of transportation, cost or

value of labor or service, interest or discount paid or allowed

after the sale is consummated, other taxes or surcharges imposed

by the Commonwealth or other expense.

"Sale." A transfer of ownership, custody or possession of

medical cannabis for consideration; an exchange, barter or gift;

or an offer to sell or transfer the ownership, custody or

possession of medical cannabis for consideration.

"Surcharge payer." A person subject to the surcharge under

this chapter.

"Unclassified importer." A person in this Commonwealth that

acquires medical cannabis from a source on which the surcharge

imposed by this chapter was not paid and that is not a person

otherwise required to be licensed under the provisions of this

chapter. The term includes a patient who purchases medical

cannabis outside this Commonwealth for personal possession or

use in this Commonwealth.

Section 1102. Incidence and rate of surcharge.

(a) Imposition.--A medical cannabis surcharge is imposed on

a medical cannabis purveyor or other person at the time the

medical cannabis is first sold to a medical cannabis dispenser

20150SB0003PN01609 - 61 -

in this Commonwealth at the rate of 6% on the purchase price

charged to the medical cannabis dispenser for the purchase of

medical cannabis. The surcharge shall be collected from the

medical cannabis dispenser by the seller of the medical cannabis

to the medical cannabis dispenser and remitted to the

department. A person required to collect this surcharge shall

separately state the amount of surcharge on an invoice or other

sales document.

(b) Medical cannabis dispenser.--If the surcharge is not

collected by the seller from the medical cannabis dispenser, the

surcharge is imposed on the medical cannabis dispenser at the

time of purchase at the same rate as in subsection (a) based on

the medical cannabis dispenser's purchase price of the medical

cannabis. The medical cannabis dispenser shall remit the

surcharge to the department.

unclassified importer at the time of purchase at the same rate

as in subsection (a) based on the unclassified importer's

purchase price of the medical cannabis. The unclassified

importer shall remit the surcharge to the department.

(d) Exceptions.--The surcharge shall not be imposed on

medical cannabis that:

(1) is exported for sale outside this Commonwealth; or

(2) is not subject to surcharge or taxation by the

Commonwealth pursuant to any laws of the United States.

(e) Article II.--Unless otherwise specifically noted, the

provisions of Article II of the act of March 4, 1971 (P.L.6,

No.2), known as the Tax Reform Code of 1971, shall apply to the

returns, payment, penalties, enforcement, collections and

appeals of the surcharge imposed on medical cannabis.

20150SB0003PN01609 - 62 -

Section 1103. Limitation of surcharge.

Only one sale shall be surcharged and used in computing the

amount of surcharge due under this chapter.

Section 1104. Remittance of surcharge to department.

Medical cannabis purveyors and unclassified importers shall

file monthly reports on a form prescribed by the department by

the 20th day of the month following the sale or purchase of

medical cannabis from another source on which the surcharge

levied by this chapter has not been paid. The surcharge is due

at the time the report is due. The department may require the

filing of reports and payments of surcharges on a less frequent

basis at its discretion.

Section 1105. Procedures for claiming refund.

A claim for a refund of the surcharge imposed by this chapter

shall be in accordance with section 3003.1 and Article XXVII of

the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform

Code of 1971, and shall be in the form and contain the

information prescribed by the department by regulation.

Section 1106. Sales or possession of medical cannabis when

surcharge not paid.

(a) Sales or possession.--A person who sells or possesses

medical cannabis for which the proper surcharge has not been

paid commits a summary offense and shall, upon conviction, be

sentenced to pay costs of prosecution and a fine of not less

than $100 nor more than $1,000 or to imprisonment for not more

than 60 days, or both, at the discretion of the court. Medical

cannabis purchased from a medical cannabis purveyor properly

licensed under this chapter shall be presumed to have the proper

surcharges paid.

(b) Surcharge evasion.--A person that falsely or

20150SB0003PN01609 - 63 -

fraudulently, maliciously, intentionally or willfully, with

intent to evade the payment of the surcharge imposed by this

chapter, sells or possesses medical cannabis for which the

proper surcharge has not been paid commits a misdemeanor of the

third degree and shall, upon conviction, be sentenced to pay

costs of prosecution and a fine of not more than $5,000 or to

imprisonment for not more than one year, or both, at the

discretion of the court.

Section 1107. Assessment.

The department is authorized to make the inquiries,

determinations and assessments of the surcharge, including

interest, additions and penalties, imposed by this chapter.

Section 1108. Failure to file return.

Where no return is filed, the amount of the surcharge due may

be assessed and collected at any time as to chargeable

transactions not reported.

Section 1109. False or fraudulent return.

Where the surcharge payer willfully files a false or

fraudulent return with intent to evade the surcharge imposed by

this chapter, the amount of surcharge due may be assessed and

collected at any time.

Section 1110. Extension of limitation period.

Notwithstanding any other provision of this chapter, where,

before the expiration of the period prescribed for the

assessment of a surcharge, a surcharge payer has consented, in

writing, that the period be extended, the amount of surcharge

due may be assessed at any time within the extended period. The

period so extended may be extended further by subsequent

consents, in writing, made before the expiration of the extended

period.

20150SB0003PN01609 - 64 -

Section 1111. Failure to furnish information, returning false

information or failure to permit inspection.

(a) Penalty.--A surcharge payer who fails to keep or make a

record, return, report, inventory or statement, or keeps or

makes a false or fraudulent record, return, report, inventory or

statement required by this chapter, commits a misdemeanor and

shall, upon conviction, be sentenced to pay costs of prosecution

and a fine of $500 and to imprisonment for not more than one

year, or both, at the discretion of the court.

(b) Examination.--The department is authorized to examine

the books and records, the stock of medical cannabis and the

premises and equipment of a surcharge payer in order to verify

the accuracy of the payment of the surcharge imposed by this

chapter. The person subject to an examination shall give to the

department or its duly authorized representative the means,

facilities and opportunity for the examination. Willful refusal

to cooperate with or permit an examination to the satisfaction

of the department shall be sufficient grounds for suspension or

revocation of a surcharge payer's license issued under this

chapter.

maintain for a period of four years records in the form

prescribed by the department. The records shall be maintained at

the location for which the license under this chapter is issued.

(d) Reports.--A medical cannabis purveyor shall file reports

at times and in the form prescribed by the department.

(e) Medical cannabis purveyor.--A medical cannabis purveyor

located or doing business in this Commonwealth who sells medical

cannabis in this Commonwealth shall keep records showing:

(1) The amount and kind of medical cannabis sold.

20150SB0003PN01609 - 65 -

(2) The date the medical cannabis was sold.

(3) The name and license number issued under Chapter 5

of the medical cannabis dispenser to which the medical

cannabis was sold.

(4) The total price of the medical cannabis sold to the

medical cannabis dispenser.

(5) The place where the medical cannabis was shipped.

(6) The name of the common carrier.

(f) Medical cannabis purveyor.--A medical cannabis purveyor

shall file with the department, on or before the 20th day of

each month, a report showing the information listed in

subsection (e) for the previous month.

Section 1112. Records of shipments and receipts of medical

cannabis required.

The department shall require reports from a common or

contract carrier who transports medical cannabis to any point or

points within this Commonwealth, and from a bonded warehouseman

or bailee who has in the possession of the warehouseman or

bailee any medical cannabis. The reports shall contain the

information concerning shipments of medical cannabis that the

department determines to be necessary for the administration of

this chapter. All common and contract carriers, bailees and

warehousemen shall permit the examination by the department or

its authorized agents of records relating to the shipment or

receipt of medical cannabis.

Section 1113. Licensing of medical cannabis purveyors.

(a) Prohibition.--No person, unless all sales of medical

cannabis are exempt from the medical cannabis surcharge in this

Commonwealth, shall sell, transfer or deliver medical cannabis

in this Commonwealth without first obtaining the proper license

20150SB0003PN01609 - 66 -

provided for in this chapter.

(b) Application.--An applicant for a medical cannabis

purveyor's license shall complete and file an application with

the department. The application shall be in the form and contain

information prescribed by the department and shall set forth

truthfully and accurately the information required by the

department. If the application is approved, the department shall

license the medical cannabis purveyor for a period of one year

and the license may be renewed annually thereafter.

purveyor's license or renewal of that license shall meet the

following requirements:

(1) The premises on which the applicant proposes to

conduct business are adequate to protect the revenue.

(2) The applicant is a person of reasonable financial

stability and reasonable business experience.

(3) The applicant, or a shareholder controlling more

than 10% of the stock if the applicant is a corporation or an

officer or director if the applicant is a corporation, shall

not have been convicted of a crime involving moral turpitude.

(4) The applicant shall not have failed to disclose

material information required by the department, including

information that the applicant has complied with this chapter

by providing a signed statement under penalty of perjury.

(5) The applicant shall not have made any material false

statement in the application.

(6) The applicant shall not have violated a provision of

this chapter.

(7) The applicant shall have filed all required State

tax reports and paid State taxes not subject to a timely

20150SB0003PN01609 - 67 -

perfected administrative or judicial appeal or subject to a

duly authorized deferred payment plan.

(d) Multiple locations.--The medical cannabis purveyor's

license shall be valid for one specific location only. Medical

cannabis purveyors with more than one location shall obtain a

license for each location.

Section 1114. License fees and issuance and display of license.

(a) Fees.--At the time of making an application or license

renewal application, an applicant for a medical cannabis

purveyor's license shall pay the department a license fee of

$75.

(b) Proration.--Fees shall not be prorated.

and payment of the fees, the department shall issue the proper

license which must be conspicuously displayed at the location

for which it has been issued.

Section 1115. Electronic filing.

The department may, at its discretion, require that any or

all returns, reports or registrations that are required to be

filed under this chapter be filed electronically.

Section 1116. Expiration of license.

(a) Expiration.--A license shall expire on the last day of

June next succeeding the date upon which it was issued unless

the department at an earlier date suspends, surrenders or

revokes the license.

(b) Violation.--After the expiration date of the license or

sooner if the license is suspended, surrendered or revoked, it

shall be illegal for a medical cannabis purveyor to engage

directly or indirectly in the business conducted by the medical

cannabis purveyor for which the license was issued. A licensee

20150SB0003PN01609 - 68 -

who shall, after the expiration date of the license, engage in

the business conducted by the licensee either by way of

purchase, sale, distribution or in any other manner directly or

indirectly engaged in the business of dealing with medical

cannabis shall be in violation of this chapter and be subject to

the penalties provided in this chapter.

Section 1117. Administration powers and duties.

(a) Department.--The administration of this chapter is

vested in the department. The department shall adopt rules and

regulations for the enforcement of this chapter.

(b) Joint administration.--The department is authorized to

jointly administer this chapter with other provisions of the act

of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of

1971, including joint reporting of information, forms, returns,

statements, documents or other information submitted to the

department.

Section 1118. Sales without license.

(a) Penalty.--A person who shall, without being the holder

of a proper unexpired medical cannabis purveyor's license,

engage in purchasing, selling, distributing or in another manner

directly or indirectly engage in the business of dealing with

medical cannabis commits a summary offense and shall, upon

conviction, be sentenced to pay costs of prosecution and a fine

of not less than $250 nor more than $1,000, or to imprisonment

for not more than 30 days, or both, at the discretion of the

court.

(b) Prima facie evidence.--Open display of medical cannabis

in any manner shall be prima facie evidence that the person

displaying such medical cannabis is directly or indirectly

engaging in the business of dealing medical cannabis.

20150SB0003PN01609 - 69 -

Section 1119. Violations and penalties.

(a) Suspension.--The license of a person who violates this

chapter may be suspended after due notice and opportunity for a

hearing for a period of not less than five days nor more than 30

days for a first violation and shall be revoked or suspended for

any subsequent violation.

(b) Fine.--In addition to the provisions of subsection (a),

upon adjudication of a first violation, the person shall be

fined not less than $2,500 nor more than $5,000. For subsequent

violations, the person shall, upon adjudication, be fined not

less than $5,000 nor more than $15,000.

Section 1120. Property rights.

(a) Incorporation.--Subject to subsection (b), section 1285

of the act of March 4, 1971 (P.L.6, No.2), known as the Tax

Reform Code of 1971, is incorporated by reference into and shall

apply to this chapter.

(b) Alterations.--

(1) References to cigarettes in section 1285 of the Tax

Reform Code of 1971 shall apply to medical cannabis in this

chapter.

(2) References to 2,000 or more unstamped cigarettes in

section 1285 of the Tax Reform Code of 1971 shall apply to

medical cannabis worth at least $1,000 in this chapter.

(3) References to more than 200 unstamped cigarettes in

section 1285 of the Tax Reform Code of 1971 shall apply to

medical cannabis worth at least $100 in this chapter.

Section 1121. Information exchange.

The department is authorized to exchange information with any

other Federal, State or local enforcement agency for purposes of

enforcing this chapter.

20150SB0003PN01609 - 70 -

CHAPTER 51

MISCELLANEOUS PROVISIONS

Section 5101. Regulations.

(a) Requirement.--The board shall promulgate regulations as

necessary to implement this act.

(b) Temporary regulations.--In order to facilitate the

implementation of this act, regulations promulgated by the board

shall be deemed temporary regulations which shall expire not

later than two years following the publication of the temporary

regulation. Temporary regulations shall not be subject to:

(1) Sections 201, 202, 203, 204 and 205 of the act of

July 31, 1968 (P.L.769, No.240), referred to as the

Commonwealth Documents Law.

(2) The act of June 25, 1982 (P.L.633, No.181), known as

the Regulatory Review Act.

(3) Sections 204(b) and 301(10) of the act of October

15, 1980 (P.L.950, No.164), known as the Commonwealth

Attorneys Act.

regulations under subsection (b) shall expire two years after

the effective date of this section. Regulations adopted after

this period shall be promulgated as provided by law.

(d) Publication.--The board shall begin publishing temporary

regulations in the Pennsylvania Bulletin no later than six

months following the effective date of this section.

Section 5102. Appropriation.

The sum of $1.3 million or as much thereof as may be

necessary is appropriated from the Professional Licensure

Augmentation Account to the Bureau of Professional and

Occupational Affairs within the Department of State for the

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start-up and initial operation of the State Board of Medical

Cannabis Licensing. The appropriation shall be repaid by the

board within five years of the beginning of issuance of licenses

by the board.

Section 5103. Applicability of other statutes.

The following acts shall apply to the board:

(1) The act of February 14, 2008 (P.L.6, No.3), known as

the Right-to-Know Law.

(2) The act of July 19, 1957 (P.L.1017, No.451), known

as the State Adverse Interest Act.

(3) 65 Pa.C.S. Chs. 7 (relating to open meetings) and 11

(relating to ethics standards and financial disclosure).

Section 5104. Repeals.

The following shall apply:

(1) Sections 4 and 13 of the act of April 14, 1972

(P.L.233, No.64), known as The Controlled Substance, Drug,

Device and Cosmetic Act, are repealed insofar as they are

inconsistent with this act.

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

they are inconsistent with this act.

Section 5105. Effective date.

This act shall take effect in 60 days.

CHAPTER 1

PRELIMINARY PROVISIONS

SECTION 101. SHORT TITLE.

THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE MEDICAL

MARIJUANA ACT.

SECTION 102. DECLARATION OF POLICY.

THE GENERAL ASSEMBLY FINDS AND DECLARES AS FOLLOWS:

(1) SCIENTIFIC EVIDENCE SUGGESTS THAT MEDICAL MARIJUANA

20150SB0003PN01609 - 72 -

<--

IS ONE POTENTIAL THERAPY THAT MAY MITIGATE SUFFERING IN SOME

PATIENTS AND ALSO ENHANCE QUALITY OF LIFE.

(2) THE COMMONWEALTH IS COMMITTED TO PATIENT SAFETY.

CAREFULLY REGULATING THE PROGRAM WHICH ALLOWS ACCESS TO

MEDICAL MARIJUANA WILL ENHANCE PATIENT SAFETY WHILE RESEARCH

INTO ITS EFFECTIVENESS CONTINUES.

(3) IT IS THE INTENT OF THE GENERAL ASSEMBLY TO:

(I) PROVIDE A PROGRAM OF ACCESS TO MEDICAL MARIJUANA

WHICH BALANCES THE NEED OF PATIENTS TO HAVE ACCESS TO THE

LATEST TREATMENTS WITH THE NEED TO PROMOTE PATIENT

SAFETY.

(II) PROVIDE A SAFE AND EFFECTIVE METHOD OF DELIVERY

OF MEDICAL MARIJUANA TO PATIENTS.

(III) PROMOTE HIGH QUALITY RESEARCH INTO THE

EFFECTIVENESS AND UTILITY OF MEDICAL MARIJUANA.

(4) IT IS THE FURTHER INTENTION OF THE GENERAL ASSEMBLY

THAT ANY COMMONWEALTH-BASED PROGRAM TO PROVIDE ACCESS TO

MEDICAL MARIJUANA SERVE AS A TEMPORARY MEASURE, PENDING

FEDERAL APPROVAL OF AND ACCESS TO MEDICAL MARIJUANA THROUGH

TRADITIONAL MEDICAL AND PHARMACEUTICAL AVENUES.

SECTION 103. DEFINITIONS.

THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL

HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE

CONTEXT CLEARLY INDICATES OTHERWISE:

"ADVISORY BOARD." THE ADVISORY BOARD ESTABLISHED UNDER

SECTION 1106.

"CAREGIVER." THE INDIVIDUAL DESIGNATED BY A PATIENT OR, IF

THE PATIENT IS UNDER 18 YEARS OF AGE, AN INDIVIDUAL UNDER

SECTION 508(2), TO DELIVER MEDICAL MARIJUANA.

"CERTIFIED MEDICAL USE." THE ACQUISITION, POSSESSION, USE OR

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TRANSPORTATION OF MEDICAL MARIJUANA BY A PATIENT, OR THE

ACQUISITION, POSSESSION, DELIVERY, TRANSPORTATION OR

ADMINISTRATION OF MEDICAL MARIJUANA BY A CAREGIVER, FOR USE AS

PART OF THE TREATMENT OF THE PATIENT'S SERIOUS MEDICAL

CONDITION, AS AUTHORIZED IN A CERTIFICATION UNDER THIS ACT,

INCLUDING ENABLING THE PATIENT TO TOLERATE TREATMENT FOR THE

SERIOUS MEDICAL CONDITION.

"CERTIFIED REGISTERED NURSE PRACTITIONER." AS DEFINED IN

SECTION 2 OF THE ACT OF MAY 22, 1951 (P.L.317, NO.69), KNOWN AS

THE PROFESSIONAL NURSING LAW.

"CHANGE IN CONTROL." THE ACQUISITION BY A PERSON OR GROUP OF

PERSONS ACTING IN CONCERT OF A CONTROLLING INTEREST IN AN

APPLICANT OR REGISTRANT EITHER ALL AT ONE TIME OR OVER THE SPAN

OF A 12-CONSECUTIVE-MONTH PERIOD.

"CONTINUING CARE." TREATING A PATIENT, IN THE COURSE OF

WHICH THE PRACTITIONER HAS COMPLETED A FULL ASSESSMENT OF THE

PATIENT'S MEDICAL HISTORY AND CURRENT MEDICAL CONDITION,

INCLUDING AN IN-PERSON CONSULTATION WITH THE PATIENT.

"CONTROLLING INTEREST." AS FOLLOWS:

(1) THE TERM SHALL MEAN THE FOLLOWING:

(I) FOR A PUBLICLY TRADED ENTITY, VOTING RIGHTS THAT

ENTITLE A PERSON TO ELECT OR APPOINT ONE OR MORE OF THE

MEMBERS OF THE BOARD OF DIRECTORS OR OTHER GOVERNING

BOARD OR THE OWNERSHIP OR BENEFICIAL HOLDING OF 5% OR

MORE OF THE SECURITIES OF THE PUBLICLY TRADED ENTITY.

(II) FOR A PRIVATELY HELD ENTITY, THE OWNERSHIP OF

ANY SECURITY IN THE ENTITY.

(2) FOR PURPOSES OF THIS DEFINITION, THE TERM "SECURITY"

IS AS DEFINED IN SECTION 102(T) OF THE ACT OF DECEMBER 5,

1972 (P.L.1280, NO.284), KNOWN AS THE PENNSYLVANIA SECURITIES

20150SB0003PN01609 - 74 -

ACT OF 1972.

"DEPARTMENT." THE DEPARTMENT OF HEALTH OF THE COMMONWEALTH.

"DISPENSARY." A PERSON, INCLUDING A NATURAL PERSON,

CORPORATION, PARTNERSHIP, ASSOCIATION, TRUST OR OTHER ENTITY, OR

ANY COMBINATION THEREOF, WHICH IS REGISTERED BY THE DEPARTMENT

TO DISPENSE MEDICAL MARIJUANA. THE TERM DOES NOT INCLUDE A

HEALTH CARE MEDICAL MARIJUANA ORGANIZATION UNDER CHAPTER 19.

"FAMILY OR HOUSEHOLD MEMBER." AS DEFINED IN 23 PA.C.S. §

6102 (RELATING TO DEFINITIONS).

"FINANCIAL BACKER." AN INVESTOR, MORTGAGEE, BONDHOLDER, NOTE

HOLDER OR OTHER SOURCE OF EQUITY OF AN APPLICANT OTHER THAN A

FINANCIAL INSTITUTION.

"FINANCIAL INSTITUTION." A BANK, A NATIONAL BANKING

ASSOCIATION, A BANK AND TRUST COMPANY, A TRUST COMPANY, A

SAVINGS AND LOAN ASSOCIATION, A BUILDING AND LOAN ASSOCIATION, A

MUTUAL SAVINGS BANK, A CREDIT UNION OR A SAVINGS BANK.

"FORM OF MEDICAL MARIJUANA." THE CHARACTERISTICS OF THE

MEDICAL MARIJUANA RECOMMENDED OR LIMITED FOR A PARTICULAR

PATIENT, INCLUDING THE METHOD OF CONSUMPTION AND ANY PARTICULAR

DOSAGE, STRAIN, VARIETY AND QUANTITY OR PERCENTAGE OF MEDICAL

MARIJUANA OR PARTICULAR ACTIVE INGREDIENT.

"FUND." THE MEDICAL MARIJUANA PROGRAM FUND ESTABLISHED IN

SECTION 902.

"GROWER/PROCESSOR." A PERSON, INCLUDING A NATURAL PERSON,

CORPORATION, PARTNERSHIP, ASSOCIATION, TRUST OR OTHER ENTITY, OR

ANY COMBINATION THEREOF, WHICH IS REGISTERED BY THE DEPARTMENT

UNDER THIS ACT TO GROW AND PROCESS MEDICAL MARIJUANA. THE TERM

DOES NOT INCLUDE A HEALTH CARE MEDICAL MARIJUANA ORGANIZATION

UNDER CHAPTER 19.

"IDENTIFICATION CARD." A DOCUMENT ISSUED UNDER SECTION 505

20150SB0003PN01609 - 75 -

THAT PERMITS ACCESS TO MEDICAL MARIJUANA UNDER THIS ACT.

"INDIVIDUAL DOSE." A SINGLE MEASURE OF MEDICAL MARIJUANA.

"KEYSTONE OPPORTUNITY ZONE." AS DEFINED IN SECTION 103 OF

THE ACT OF OCTOBER 6, 1998 (P.L.705, NO.92), KNOWN AS THE

KEYSTONE OPPORTUNITY ZONE, KEYSTONE OPPORTUNITY EXPANSION ZONE

AND KEYSTONE OPPORTUNITY IMPROVEMENT ZONE ACT.

"MEDICAL MARIJUANA." MARIJUANA FOR MEDICAL USE AS SET FORTH

IN THIS ACT.

"MEDICAL MARIJUANA ORGANIZATION." A DISPENSARY OR A

GROWER/PROCESSOR. THE TERM DOES NOT INCLUDE A HEALTH CARE

MEDICAL MARIJUANA ORGANIZATION UNDER CHAPTER 19.

"PATIENT." AN INDIVIDUAL WHO:

(1) HAS A SERIOUS MEDICAL CONDITION;

(2) HAS MET THE REQUIREMENTS FOR CERTIFICATION UNDER

THIS ACT; AND

(3) IS A RESIDENT OF THIS COMMONWEALTH.

"PHYSICIAN ASSISTANT." AS DEFINED IN SECTION 2 OF THE ACT OF

DECEMBER 20, 1985 (P.L.457, NO.112), KNOWN AS THE MEDICAL

PRACTICE ACT OF 1985, AND SECTION 2 OF THE ACT OF OCTOBER 5,

1978 (P.L.1109, NO.261), KNOWN AS THE OSTEOPATHIC MEDICAL

PRACTICE ACT.

"PRACTITIONER." A PHYSICIAN WHO IS REGISTERED WITH THE

DEPARTMENT UNDER SECTION 302.

"PRESCRIPTION DRUG MONITORING PROGRAM." THE ACHIEVING BETTER

CARE BY MONITORING ALL PRESCRIPTIONS PROGRAM (ABC-MAP).

"PRINCIPAL." AN OFFICER, DIRECTOR OR PERSON WHO DIRECTLY

OWNS A BENEFICIAL INTEREST IN OR OWNERSHIP OF THE SECURITIES OF

AN APPLICANT OR REGISTRANT, A PERSON WHO HAS A CONTROLLING

INTEREST IN AN APPLICANT OR REGISTRANT OR WHO HAS THE ABILITY TO

ELECT THE MAJORITY OF THE BOARD OF DIRECTORS OF AN APPLICANT OR

20150SB0003PN01609 - 76 -

REGISTRANT OR OTHERWISE CONTROL AN APPLICANT OR REGISTRANT,

OTHER THAN A FINANCIAL INSTITUTION.

"REGISTRY." THE REGISTRY ESTABLISHED BY THE DEPARTMENT UNDER

SECTION 301(1).

"SECRETARY." THE SECRETARY OF HEALTH OF THE COMMONWEALTH.

"SERIOUS MEDICAL CONDITION." ANY OF THE FOLLOWING:

(1) CANCER.

(2) POSITIVE STATUS FOR HUMAN IMMUNODEFICIENCY VIRUS OR

ACQUIRED IMMUNE DEFICIENCY SYNDROME.

(3) AMYOTROPHIC LATERAL SCLEROSIS.

(4) PARKINSON'S DISEASE.

(5) MULTIPLE SCLEROSIS.

(6) DAMAGE TO THE NERVOUS TISSUE OF THE SPINAL CORD WITH

OBJECTIVE NEUROLOGICAL INDICATION OF INTRACTABLE SPASTICITY.

(7) EPILEPSY.

(8) INFLAMMATORY BOWEL DISEASE.

(9) NEUROPATHIES.

(10) HUNTINGTON'S DISEASE.

(11) CROHN'S DISEASE.

(12) POST-TRAUMATIC STRESS DISORDER.

(13) INTRACTABLE SEIZURES.

(14) GLAUCOMA.

(15) SICKLE CELL ANEMIA.

(16) SEVERE CHRONIC OR INTRACTABLE PAIN OF NEUROPATHIC

ORIGIN OR SEVERE CHRONIC OR INTRACTABLE PAIN IN WHICH

CONVENTIONAL THERAPEUTIC INTERVENTION AND OPIATE THERAPY IS

CONTRAINDICATED OR INEFFECTIVE.

(17) AUTISM.

"TERMINALLY ILL." A MEDICAL PROGNOSIS OF LIFE EXPECTANCY OF

APPROXIMATELY ONE YEAR OR LESS IF THE ILLNESS RUNS ITS NORMAL

20150SB0003PN01609 - 77 -

COURSE.

CHAPTER 3

PROGRAM

SECTION 301. PROGRAM ESTABLISHED.

A MEDICAL MARIJUANA PROGRAM FOR PATIENTS SUFFERING FROM

SERIOUS MEDICAL CONDITIONS IS ESTABLISHED. THE PROGRAM SHALL BE

ADMINISTERED BY THE DEPARTMENT. THE DEPARTMENT SHALL HAVE THE

AUTHORITY TO DO ALL THINGS NECESSARY TO FULFILL ITS

RESPONSIBILITIES IN IMPLEMENTING THIS ACT. AT MINIMUM, THE

DEPARTMENT SHALL:

(1) ESTABLISH AND MAINTAIN A COMPUTERIZED REGISTRY

CONTAINING INFORMATION SET FORTH IN THIS ACT RELATING TO

PATIENTS CERTIFIED TO USE MEDICAL MARIJUANA, CAREGIVERS,

PRACTITIONERS AND MEDICAL MARIJUANA ORGANIZATIONS, WHICH

SHALL INCLUDE IDENTIFICATION NUMBERS FOR PATIENTS AND

CAREGIVERS AND THE CERTIFICATION INFORMATION REQUIRED TO BE

SUBMITTED TO THE DEPARTMENT UNDER SECTION 501(E)(2).

(1.1) ESTABLISH WITHIN THE COMPUTERIZED REGISTRY A

SEPARATE, ELECTRONIC DATABASE TO BE USED BY THE DEPARTMENT

AND DISPENSARIES AND WHICH CONTAINS THE INFORMATION SET FORTH

IN SECTION 703(A)(1), (2), (3), (4) AND (5) AND SUCH

ADDITIONAL INFORMATION THAT THE DEPARTMENT MAY REQUIRE BY

REGULATION. THE REGISTRY AND DATABASE SHALL BE CAPABLE OF

PROVIDING INFORMATION IN REAL TIME. THE DATABASE SHALL BE

CAPABLE OF RECEIVING INFORMATION FROM A DISPENSARY REGARDING

THE DISBURSEMENT OF MEDICAL MARIJUANA TO PATIENTS AND

CAREGIVERS AND VERIFICATION OF THE FORM OF MEDICAL MARIJUANA.

DISPENSARIES SHALL HAVE REAL-TIME ACCESS TO INFORMATION IN

THE DATABASE:

(I) TO ENSURE THAT MEDICAL MARIJUANA IS NOT DIVERTED

20150SB0003PN01609 - 78 -

OR OTHERWISE USED FOR UNLAWFUL PURPOSES.

(II) TO ESTABLISH THE AUTHENTICITY OF IDENTIFICATION

CARDS.

(III) TO PROVIDE THE FORM OF MEDICAL MARIJUANA

PROVIDED IN THE CERTIFICATION BY THE PRACTITIONER.

(2) DEVELOP AND IMPLEMENT PROCEDURES FOR:

(I) ISSUANCE OF IDENTIFICATION CARDS TO PATIENTS AND

CAREGIVERS.

(II) REVIEW AND APPROVAL OF CERTIFICATIONS SUBMITTED

BY PRACTITIONERS.

(III) REVIEW OF THE CREDENTIALS OF PRACTITIONERS WHO

SUBMIT CERTIFICATIONS.

(IV) REVIEW AND APPROVAL OF APPLICATIONS FOR

IDENTIFICATION CARDS.

(V) REVIEW AND APPROVAL OF APPLICATIONS TO BECOME

REGISTERED WITH THE DEPARTMENT AS A MEDICAL MARIJUANA

ORGANIZATION.

(VI) REVIEW AND APPROVAL OF APPLICATIONS OF

PHYSICIANS TO BECOME REGISTERED WITH THE DEPARTMENT AS

PRACTITIONERS.

(3) DEVELOP A FOUR-HOUR COURSE FOR PHYSICIANS REGARDING

THE LATEST SCIENTIFIC RESEARCH ON MEDICAL MARIJUANA,

INCLUDING THE RISKS AND BENEFITS OF MEDICAL MARIJUANA, AND

ANY OTHER SUBJECTS DEEMED NECESSARY BY THE DEPARTMENT. THE

STATE BOARD OF MEDICINE AND THE STATE BOARD OF OSTEOPATHIC

MEDICINE SHALL APPROVE CONTINUING EDUCATION CREDIT FOR ANY

PHYSICIAN WHO SUCCESSFULLY COMPLETES THE COURSE. THE STATE

BOARD OF PHARMACY SHALL APPROVE CONTINUING EDUCATION CREDIT

FOR ANY PHARMACIST WHO SUCCESSFULLY COMPLETES THE COURSE

PURSUANT TO THE REQUIREMENT IN SECTION 707(9). THE STATE

20150SB0003PN01609 - 79 -

BOARD OF NURSING SHALL APPROVE CONTINUING EDUCATION CREDIT

FOR A CERTIFIED REGISTERED NURSE PRACTITIONER WHO

SUCCESSFULLY COMPLETES THE COURSE PURSUANT TO THE REQUIREMENT

IN SECTION 707(9). THE STATE BOARD OF MEDICINE AND THE STATE

BOARD OF OSTEOPATHIC MEDICINE SHALL APPROVE CONTINUING

EDUCATION CREDIT FOR A PHYSICIAN ASSISTANT WHO SUCCESSFULLY

COMPLETES THE COURSE PURSUANT TO THE REQUIREMENT IN SECTION

707(9).

(4) DEVELOP A TWO-HOUR COURSE FOR THE PRINCIPALS AND

EMPLOYEES OF A MEDICAL MARIJUANA ORGANIZATION WHO EITHER COME

INTO CONTACT WITH PATIENTS OR CAREGIVERS OR WHO PHYSICALLY

HANDLE MEDICAL MARIJUANA. EMPLOYEES MUST SUCCESSFULLY

COMPLETE THE COURSE NO LATER THAN 90 DAYS AFTER COMMENCING

EMPLOYMENT. PRINCIPALS MUST SUCCESSFULLY COMPLETE THE COURSE

PRIOR TO COMMENCING INITIAL OPERATION OF THE MEDICAL

MARIJUANA ORGANIZATION. THE SUBJECT MATTER OF THE COURSE

SHALL ENCOMPASS THE FOLLOWING:

(I) RECOGNIZING UNAUTHORIZED SUSPECTED ACTIVITY

UNDER THIS ACT AND THE REGULATIONS PROMULGATED BY THE

DEPARTMENT, INCLUDING CRIMINAL DIVERSION OF MEDICAL

MARIJUANA AND FALSIFICATION OF IDENTIFICATION CARDS.

(II) PROPER HANDLING OF MEDICAL MARIJUANA AND

RECORDKEEPING.

(III) PROPER REPORTING OF SUSPECTED UNAUTHORIZED

ACTIVITY, INCLUDING ACTIVITIES UNDER SUBPARAGRAPH (I), TO

LAW ENFORCEMENT.

(IV) ANY OTHER SUBJECT NECESSARY TO ENSURE

COMPLIANCE WITH THIS ACT AND REGULATIONS PROMULGATED

UNDER THIS ACT, AS DETERMINED BY THE DEPARTMENT.

(5) DEVELOP A PROCEDURE FOR ANNOUNCED AND UNANNOUNCED

20150SB0003PN01609 - 80 -

INSPECTIONS BY THE DEPARTMENT OF THE FACILITIES FOR GROWING,

PROCESSING OR DISPENSING OR SELLING MEDICAL MARIJUANA, AND OF

THE BOOKS, PAPERS AND TRACKING AND OTHER SYSTEMS UTILIZED BY

MEDICAL MARIJUANA ORGANIZATIONS REQUIRED BY THIS ACT.

(6) ESTABLISH A MANNER AND METHOD TO ADMINISTER RESEARCH

STUDIES TO BE OPERATED BY VERTICALLY INTEGRATED HEALTH

SYSTEMS IN ORDER TO COLLECT RESEARCH DATA ON THE USE OF

MEDICAL MARIJUANA TO TREAT SERIOUS MEDICAL CONDITIONS IN

ACCORDANCE WITH CHAPTER 19.

(7) ESTABLISH AND MAINTAIN PUBLIC OUTREACH EFFORTS ABOUT

THIS ACT. THE EFFORTS SHALL INCLUDE:

(I) A DEDICATED TELEPHONE NUMBER REGARDING MEDICAL

MARIJUANA SO THAT PATIENTS, CAREGIVERS AND MEMBERS OF THE

PUBLIC MAY CALL TO OBTAIN BASIC INFORMATION ABOUT THE

DISPENSING OF MEDICAL MARIJUANA UNDER THIS ACT.

(II) A PUBLICLY ACCESSIBLE INTERNET WEBSITE WHICH

PROVIDES INFORMATION ABOUT THE MEDICAL MARIJUANA PROGRAM.

AT A MINIMUM, THE WEBSITE SHALL CONTAIN:

(A) BASIC INFORMATION DESIGNED TO EDUCATE THE

PUBLIC REGARDING THE MEDICAL MARIJUANA PROGRAM.

(B) THE INFORMATION SET FORTH IN SECTION

301.1(B).

(D) THE INFORMATION PROVIDED TO THE DEPARTMENT

UNDER SECTION 1102(A)(2) BY MEDICAL MARIJUANA

ORGANIZATIONS. THIS INFORMATION SHALL BE POSTED ON

THE DEPARTMENT'S PUBLICLY ACCESSIBLE INTERNET WEBSITE

AS SOON AS IS PRACTICABLE AFTER RECEIPT OF THE

INFORMATION FROM THE MEDICAL MARIJUANA ORGANIZATIONS.

(8) COLLABORATE AS NECESSARY, AS DETERMINED BY THE

20150SB0003PN01609 - 81 -

SECRETARY, WITH OTHER COMMONWEALTH AGENCIES OR TO CONTRACT

WITH THIRD PARTIES TO ASSIST THE DEPARTMENT IN FULFILLING ITS

RESPONSIBILITIES UNDER THIS ACT.

(9) DETERMINE THE MINIMUM NUMBER AND TYPE OF MEDICAL

MARIJUANA TO BE PRODUCED BY A GROWER/PROCESSOR AND DISPENSED

BY A DISPENSARY.

SECTION 301.1. CONFIDENTIALITY AND PUBLIC DISCLOSURE.

(A) PATIENT INFORMATION.--THE DEPARTMENT SHALL MAINTAIN A

CONFIDENTIAL LIST OF PATIENTS AND CAREGIVERS TO WHOM IT HAS

ISSUED IDENTIFICATION CARDS. INDIVIDUAL IDENTIFYING INFORMATION

ABOUT PATIENTS AND CAREGIVERS OBTAINED BY THE DEPARTMENT,

INCLUDING CERTIFICATIONS ISSUED BY PRACTITIONERS, THE

INFORMATION ON IDENTIFICATION CARDS AND INFORMATION PROVIDED BY

THE PENNSYLVANIA STATE POLICE PURSUANT TO SECTION 506(B) SHALL

BE CONFIDENTIAL AND EXEMPT FROM PUBLIC DISCLOSURE, INCLUDING

DISCLOSURE UNDER THE ACT OF FEBRUARY 14, 2008 (P.L.6, NO.3),

KNOWN AS THE RIGHT-TO-KNOW LAW.

(B) MEDICAL MARIJUANA ORGANIZATIONS AND PRACTITIONERS.--THE

FOLLOWING ARE PUBLIC RECORDS UNDER THE RIGHT-TO-KNOW LAW:

(1) AN APPLICATION FOR REGISTRATION AS A MEDICAL

MARIJUANA ORGANIZATION. THE DEPARTMENT SHALL MAINTAIN A

SEPARATE LIST OF NAMES, ADDRESSES AND TELEPHONE NUMBERS OF

MEDICAL MARIJUANA ORGANIZATIONS.

(2) THE NAMES, BUSINESS ADDRESSES AND MEDICAL

CREDENTIALS OF PRACTITIONERS. ALL OTHER PRACTITIONER

REGISTRATION INFORMATION SHALL BE CONFIDENTIAL AND EXEMPT

FROM PUBLIC DISCLOSURE UNDER THE RIGHT-TO-KNOW LAW.

(3) INFORMATION RELATING TO PENALTIES ASSESSED AGAINST

MEDICAL MARIJUANA ORGANIZATIONS AND PRACTITIONERS BY THE

DEPARTMENT FOR VIOLATION OF THIS ACT.

20150SB0003PN01609 - 82 -

SECTION 302. PRACTITIONER REGISTRATION.

(A) ELIGIBILITY.--A PHYSICIAN WHO SATISFIES THE FOLLOWING IS

ELIGIBLE FOR INCLUSION IN THE REGISTRY:

(1) THE PHYSICIAN APPLIES FOR REGISTRATION IN THE FORM

AND MANNER REQUIRED BY THE DEPARTMENT.

(2) THE DEPARTMENT DETERMINES THAT THE PHYSICIAN IS, BY

TRAINING OR EXPERIENCE, QUALIFIED TO TREAT A SERIOUS MEDICAL

CONDITION. THE PHYSICIAN SHALL PROVIDE DOCUMENTATION OF

REQUIRED CREDENTIALS, TRAINING OR EXPERIENCE AS REQUIRED BY

THE DEPARTMENT.

(3) THE PHYSICIAN HAS SUCCESSFULLY COMPLETED THE COURSE

UNDER SECTION 301(3).

(B) DEPARTMENT ACTION.--THE DEPARTMENT SHALL REVIEW AN

APPLICATION SUBMITTED BY A PHYSICIAN TO DETERMINE WHETHER TO

INCLUDE THE PHYSICIAN IN THE REGISTRY. THE REVIEW SHALL INCLUDE

INFORMATION MAINTAINED BY THE DEPARTMENT OF STATE REGARDING

WHETHER THE PHYSICIAN HAS A VALID, UNEXPIRED, UNREVOKED,

UNSUSPENDED PENNSYLVANIA LICENSE TO PRACTICE MEDICINE AND

WHETHER THE PHYSICIAN HAS BEEN SUBJECT TO DISCIPLINE. THE REVIEW

SHALL BE CONDUCTED EACH TIME THE DEPARTMENT REVIEWS

CERTIFICATIONS UNDER SECTION 501. IF THE PHYSICIAN IS NOT THE

HOLDER OF A VALID, UNEXPIRED, UNREVOKED, UNSUSPENDED

PENNSYLVANIA LICENSE TO PRACTICE MEDICINE, THEN THE DEPARTMENT

SHALL DENY THE CERTIFICATION AND SHALL REMOVE THE PHYSICIAN FROM

THE REGISTRY UNTIL SUCH TIME AS THE PHYSICIAN HOLDS A VALID,

UNEXPIRED, UNREVOKED, UNSUSPENDED PENNSYLVANIA LICENSE TO

PRACTICE MEDICINE. A PHYSICIAN WHO IS LISTED IN THE REGISTRY IS

AUTHORIZED TO ISSUE A CERTIFICATION TO USE MEDICAL MARIJUANA.

ONGOING RESPONSIBILITY, SO LONG AS THE PRACTITIONER REMAINS IN

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THE REGISTRY, TO IMMEDIATELY NOTIFY THE DEPARTMENT IN WRITING IF

THE PRACTITIONER KNOWS OR HAS REASON TO KNOW THAT ANY OF THE

FOLLOWING IS TRUE WITH RESPECT TO A PATIENT FOR WHOM THE

PRACTITIONER HAS ISSUED A CERTIFICATION UNDER THIS ACT:

(1) THE PATIENT NO LONGER HAS THE SERIOUS MEDICAL

CONDITION FOR WHICH THE CERTIFICATION WAS ISSUED.

(2) MEDICAL MARIJUANA WOULD NO LONGER BE THERAPEUTIC OR

PALLIATIVE.

(3) THE PATIENT HAS DIED.

SECTION 303. PRACTITIONER RESTRICTIONS.

(A) PRACTICES PROHIBITED.--THE FOLLOWING APPLY WITH RESPECT

TO PRACTITIONERS:

(1) A PRACTITIONER MAY NOT ACCEPT, SOLICIT OR OFFER ANY

FORM OF REMUNERATION FROM OR TO A PROSPECTIVE PATIENT,

PATIENT, PROSPECTIVE CAREGIVER, CAREGIVER OR MEDICAL

MARIJUANA ORGANIZATION, INCLUDING AN EMPLOYEE, FINANCIAL

BACKER OR PRINCIPAL, TO CERTIFY A PATIENT, OTHER THAN

ACCEPTING A FEE FOR SERVICE WITH RESPECT TO THE EXAMINATION

OF THE PROSPECTIVE PATIENT TO DETERMINE IF THE PROSPECTIVE

PATIENT SHOULD BE ISSUED A CERTIFICATION TO USE MEDICAL

MARIJUANA.

(2) A PRACTITIONER MAY NOT HOLD A DIRECT OR ECONOMIC

INTEREST IN A MEDICAL MARIJUANA ORGANIZATION.

(3) A PRACTITIONER MAY NOT ADVERTISE THE PRACTITIONER'S

SERVICES AS A PRACTITIONER WHO CAN CERTIFY A PATIENT TO

RECEIVE MEDICAL MARIJUANA.

(B) UNPROFESSIONAL CONDUCT.--A PRACTITIONER WHO VIOLATES

SUBSECTION (A)(1), (2) OR (3) OR SECTION 501(F) SHALL NOT BE

PERMITTED TO ISSUE CERTIFICATIONS TO PATIENTS. THE PRACTITIONER

SHALL BE REMOVED FROM THE REGISTRY.

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BE IMPOSED UNDER THIS ACT, A VIOLATION OF SUBSECTION (A)(1), (2)

OR (3) OR SECTION 501(F) SHALL BE DEEMED UNPROFESSIONAL CONDUCT

UNDER SECTION 41(8) OF THE ACT OF DECEMBER 20, 1985 (P.L.457,

NO.112), KNOWN AS THE MEDICAL PRACTICE ACT OF 1985, OR SECTION

15(A)(8) OF THE ACT OF OCTOBER 5, 1978 (P.L.1109, NO.261), KNOWN

AS THE OSTEOPATHIC MEDICAL PRACTICE ACT, AND SHALL SUBJECT THE

PRACTITIONER TO DISCIPLINE BY THE STATE BOARD OF MEDICINE OR THE

STATE BOARD OF OSTEOPATHIC MEDICINE, AS APPROPRIATE.

CHAPTER 5

PATIENT AND CAREGIVER CERTIFICATION

SECTION 501. ISSUANCE OF CERTIFICATION.

(A) CONDITIONS FOR ISSUANCE.--A CERTIFICATION TO USE MEDICAL

MARIJUANA MAY BE ISSUED BY A PRACTITIONER TO A PATIENT IF ALL OF

THE FOLLOWING REQUIREMENTS ARE MET:

(1) THE PRACTITIONER IS AUTHORIZED, AS EVIDENCED BY THE

PRACTITIONER'S INCLUSION IN THE REGISTRY, TO ISSUE A

CERTIFICATION.

(2) THE PATIENT HAS A SERIOUS MEDICAL CONDITION, WHICH

IS SPECIFIED IN THE PATIENT'S HEALTH CARE RECORD.

(3) THE PRACTITIONER BY TRAINING OR EXPERIENCE IS

QUALIFIED TO TREAT THE PATIENT'S SERIOUS MEDICAL CONDITION.

(4) THE PATIENT IS UNDER THE PRACTITIONER'S CONTINUING

CARE FOR THE SERIOUS MEDICAL CONDITION.

(5) IN THE PRACTITIONER'S PROFESSIONAL OPINION AND

REVIEW OF PAST TREATMENTS, THE PRACTITIONER DETERMINES THE

PATIENT IS LIKELY TO RECEIVE THERAPEUTIC OR PALLIATIVE

BENEFIT FROM THE USE OF MEDICAL MARIJUANA.

(B) CONTENTS.--IN ADDITION TO THE INFORMATION SET FORTH IN

SUBSECTION (A), THE CERTIFICATION SHALL INCLUDE:

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(1) THE NAME, DATE OF BIRTH AND ADDRESS OF THE PATIENT.

(2) THE SPECIFIC SERIOUS MEDICAL CONDITION OF THE

PATIENT.

(3) A STATEMENT BY THE PRACTITIONER THAT THE PATIENT HAS

A SERIOUS MEDICAL CONDITION AND THE PATIENT IS UNDER THE

PRACTITIONER'S CONTINUING CARE FOR THE SERIOUS MEDICAL

CONDITION.

(4) THE DATE OF ISSUANCE.

(5) THE NAME, ADDRESS, TELEPHONE NUMBER AND SIGNATURE OF

THE PRACTITIONER.

(6) ANY REQUIREMENT OR LIMITATION CONCERNING THE

APPROPRIATE FORM OF MEDICAL MARIJUANA.

(7) INFORMATION NEEDED FOR THE RESEARCH PROGRAM DATABASE

UNDER SECTION 1902(B)(2) AS DETERMINED BY THE DEPARTMENT.

CERTIFICATION THAT, IN THE PRACTITIONER'S PROFESSIONAL OPINION:

(1) THE PATIENT WOULD BENEFIT FROM MEDICAL MARIJUANA

ONLY UNTIL A SPECIFIED DATE.

(2) THE PATIENT IS TERMINALLY ILL.

(D) CONSULTATION.--A PRACTITIONER SHALL CONSULT THE

PRESCRIPTION DRUG MONITORING PROGRAM PRIOR TO ISSUING OR

MODIFYING A CERTIFICATION FOR THE PURPOSE OF REVIEWING THE

CONTROLLED SUBSTANCE HISTORY OF A PATIENT.

(E) DUTIES OF PRACTITIONER.--THE PRACTITIONER SHALL:

(1) PROVIDE THE CERTIFICATION TO THE PATIENT.

(2) PROVIDE A COPY OF THE CERTIFICATION TO THE

DEPARTMENT, WHICH SHALL PLACE THE INFORMATION IN THE

REGISTRY. THE DEPARTMENT SHALL PERMIT ELECTRONIC SUBMISSION

OF THE CERTIFICATION.

(3) FILE A COPY OF THE CERTIFICATION IN THE PATIENT'S

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HEALTH CARE RECORD.

(F) PROHIBITION.--A PRACTITIONER MAY NOT ISSUE A

CERTIFICATION FOR THE PRACTITIONER'S OWN USE OR FOR THE USE OF A

FAMILY OR HOUSEHOLD MEMBER.

SECTION 502. CERTIFICATION FORM.

THE DEPARTMENT SHALL DEVELOP A STANDARD CERTIFICATION FORM,

WHICH SHALL BE AVAILABLE UPON REQUEST. IN ADDITION, THE FORM

SHALL BE AVAILABLE TO PRACTITIONERS ELECTRONICALLY. THE FORM

SHALL INCLUDE A STATEMENT THAT A FALSE STATEMENT MADE BY A

PRACTITIONER IS PUNISHABLE UNDER THE APPLICABLE PROVISIONS OF 18

PA.C.S. CH. 49 (RELATING TO FALSIFICATION AND INTIMIDATION).

SECTION 503. LAWFUL USE OF MEDICAL MARIJUANA.

(A) GENERAL RULE.--NOTWITHSTANDING ANY PROVISION OF LAW TO

THE CONTRARY, CERTIFIED MEDICAL USE OF MEDICAL MARIJUANA AS SET

FORTH IN THIS ACT AND REGULATIONS PROMULGATED UNDER THIS ACT IS

LAWFUL WITHIN THIS COMMONWEALTH.

(B) LIMITATIONS.--THE LAWFUL USE OF MEDICAL MARIJUANA IS

SUBJECT TO THE FOLLOWING LIMITATIONS:

(1) MEDICAL MARIJUANA MAY ONLY BE ADMINISTERED TO A

PATIENT WHO IS CERTIFIED BY A PRACTITIONER.

(2) SUBJECT TO REGULATIONS PROMULGATED UNDER SECTION

1108(3), MEDICAL MARIJUANA MAY ONLY BE DISPENSED TO A PATIENT

OR CAREGIVER IN THE FOLLOWING FORMS:

(I) PILL;

(II) OIL;

(III) TOPICAL FORMS, INCLUDING GEL, CREAMS OR

OINTMENTS;

(IV) A FORM MEDICALLY APPROPRIATE FOR ADMINISTRATION

BY VAPORIZATION OR NEBULIZATION.

(V) TINCTURE; OR

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(VI) LIQUID.

(3) IN ACCORDANCE WITH SECTION 1108, MEDICAL MARIJUANA

MAY BE DISPENSED TO A PATIENT OR A CAREGIVER IN DRY LEAF OR

PLANT FORM.

(4) (RESERVED).

(5) FOR EACH PATIENT, POSSESSION OF MEDICAL MARIJUANA BY

A PATIENT AND A CAREGIVER MAY NOT EXCEED A 30-DAY SUPPLY OF

INDIVIDUAL DOSES, CONSISTENT WITH ANY REGULATIONS OF THE

DEPARTMENT, EXCEPT THAT, DURING THE LAST SEVEN DAYS OF ANY

30-DAY PERIOD, A PATIENT MAY ALSO POSSESS A 30-DAY SUPPLY FOR

THE SUBSEQUENT 30-DAY PERIOD.

(6) AN INDIVIDUAL MAY NOT ACT AS A CAREGIVER FOR MORE

THAN FIVE PATIENTS.

(7) A PATIENT MAY DESIGNATE UP TO TWO CAREGIVERS AT ANY

ONE TIME.

(8) THE FORM OF MEDICAL MARIJUANA THAT MAY BE POSSESSED

BY A PATIENT OR CAREGIVER UNDER A CERTIFICATION SHALL BE IN

COMPLIANCE WITH ANY REQUIREMENT OR LIMITATION OF THE

PRACTITIONER.

(9) THE MEDICAL MARIJUANA SHALL BE KEPT IN THE ORIGINAL

PACKAGE IN WHICH IT WAS DISPENSED, EXCEPT FOR THE PORTION

REMOVED FOR IMMEDIATE USE BY THE PATIENT.

(10) A PATIENT OR CAREGIVER SHALL POSSESS AN

IDENTIFICATION CARD WHENEVER THE PATIENT OR CAREGIVER IS IN

IMMEDIATE POSSESSION OF MEDICAL MARIJUANA.

(11) WITH RESPECT TO THE PACKAGING OF MEDICAL MARIJUANA

BY GROWERS/PROCESSORS AND DISPENSING OF MEDICAL MARIJUANA BY

DISPENSARIES, THE MEDICAL MARIJUANA SHALL ONLY BE IDENTIFIED

BY THE NAME OF THE GROWER/PROCESSOR, THE NAME OF THE

DISPENSARY, THE SPECIES AND THE PERCENTAGE OF

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TETRAHYDROCANNABINOL AND CANNABIDIOL.

(12) AN INDIVIDUAL MAY NOT CLAIM INTOXICATION DUE TO

MEDICAL MARIJUANA AS A DEFENSE IN AN IMPAIRMENT OF CONTRACTS

CAUSE OF ACTION.

SECTION 504. UNLAWFUL USE OF MEDICAL MARIJUANA.

(A) GENERAL RULE.--NOTWITHSTANDING SECTION 503, THE USE OF

MEDICAL MARIJUANA AS SET FORTH IN THIS SECTION IS UNLAWFUL AND

SHALL, IN ADDITION TO ANY OTHER PENALTY PROVIDED BY LAW, BE

DEEMED A VIOLATION OF THE ACT OF APRIL 14, 1972 (P.L.233,

NO.64), KNOWN AS THE CONTROLLED SUBSTANCE, DRUG, DEVICE AND

COSMETIC ACT.

(B) UNLAWFUL USE DESCRIBED.--REGARDLESS OF THE FORM OF

MEDICAL MARIJUANA STATED IN THE PATIENT'S CERTIFICATION, IT IS

UNLAWFUL TO:

(1) SMOKE MEDICAL MARIJUANA.

(2) INCORPORATE MEDICAL MARIJUANA INTO EDIBLE FORM.

NOTHING IN THIS ACT SHALL BE CONSTRUED TO PRECLUDE THE

INCORPORATION OF MEDICAL MARIJUANA INTO EDIBLE FORM BY A

PATIENT OR A CAREGIVER IN ORDER TO AID INGESTION OF THE

MEDICAL MARIJUANA BY THE PATIENT.

(3) GROW MEDICAL MARIJUANA UNLESS REGISTERED AS A

GROWER/PROCESSOR OR HEALTH CARE MEDICAL MARIJUANA

ORGANIZATION UNDER CHAPTER 19 AND ACTING IN COMPLIANCE WITH

THIS ACT.

SECTION 505. IDENTIFICATION CARDS.

(A) ISSUANCE.--UPON REVIEW AND APPROVAL OF THE CERTIFICATION

ISSUED TO A PATIENT BY A PRACTITIONER, SATISFACTORY REVIEW OF A

PRACTITIONER'S MEDICAL CREDENTIALS, SATISFACTORY REVIEW OF THE

PRESCRIPTION DRUG MONITORING PROGRAM IN THE CASE OF A CAREGIVER

AND SATISFACTORY REVIEW OF THE FEDERAL AND COMMONWEALTH CRIMINAL

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HISTORY RECORD INFORMATION IN THE CASE OF A CAREGIVER, THE

DEPARTMENT SHALL ISSUE AN IDENTIFICATION CARD TO A PATIENT OR

CAREGIVER. THE IDENTIFICATION CARD SHALL PERMIT A PATIENT OR

CAREGIVER TO ACCESS MEDICAL MARIJUANA IN ACCORDANCE WITH THIS

ACT.

(B) EXPIRATION.--AN IDENTIFICATION CARD SHALL EXPIRE WITHIN

ONE YEAR FROM THE DATE OF ISSUANCE, UPON THE DEATH OF THE

PATIENT, OR AS OTHERWISE PROVIDED IN THIS SECTION. THE

DEPARTMENT SHALL SPECIFY THE FORM OF APPLICATION FOR AN

IDENTIFICATION CARD. THE DEPARTMENT SHALL PROVIDE THE FORM UPON

REQUEST, AND THE FORM SHALL BE AVAILABLE ELECTRONICALLY VIA THE

DEPARTMENT'S PUBLICLY ACCESSIBLE INTERNET WEBSITE.

SEPARATE IDENTIFICATION CARDS FOR PATIENTS AND CAREGIVERS AS

SOON AS REASONABLY PRACTICABLE AFTER RECEIVING A COMPLETED

APPLICATION, UNLESS IT DETERMINES THAT THE APPLICATION IS

INCOMPLETE OR FACTUALLY INACCURATE, IN WHICH CASE IT SHALL

PROMPTLY NOTIFY THE APPLICANT.

(D) CHANGE IN NAME OR ADDRESS.--A PATIENT OR CAREGIVER WHO

HAS BEEN ISSUED AN IDENTIFICATION CARD SHALL NOTIFY THE

DEPARTMENT WITHIN 10 DAYS OF ANY CHANGE OF NAME OR ADDRESS. IN

ADDITION, WITH RESPECT TO THE PATIENT, THE PATIENT SHALL NOTIFY

THE DEPARTMENT WITHIN 10 DAYS IF THE PATIENT NO LONGER HAS THE

SERIOUS MEDICAL CONDITION NOTED ON THE CERTIFICATION.

(E) LOST OR DEFACED CARD.--IN THE EVENT OF A LOST, STOLEN,

DESTROYED OR ILLEGIBLE IDENTIFICATION CARD, THE PATIENT OR

CAREGIVER SHALL APPLY TO THE DEPARTMENT WITHIN 10 BUSINESS DAYS

OF DISCOVERY OF THE LOSS OR DEFACEMENT OF THE CARD FOR A

REPLACEMENT CARD. THE APPLICATION FOR A REPLACEMENT CARD SHALL

BE ON A FORM FURNISHED BY THE DEPARTMENT AND ACCOMPANIED BY A

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$25 FEE. THE DEPARTMENT MAY ESTABLISH HIGHER FEES FOR ISSUANCE

OF SECOND AND SUBSEQUENT REPLACEMENT IDENTIFICATION CARDS. THE

DEPARTMENT MAY WAIVE OR REDUCE THE FEE IN CASES OF DEMONSTRATED

FINANCIAL HARDSHIP. THE DEPARTMENT SHALL ISSUE A REPLACEMENT

IDENTIFICATION CARD AS SOON AS PRACTICABLE. THE CARD MAY CONTAIN

A DIFFERENT IDENTIFICATION NUMBER. A PATIENT OR CAREGIVER MAY

NOT OBTAIN MEDICAL MARIJUANA UNTIL THE PATIENT RECEIVES THE

REPLACEMENT CARD.

SECTION 506. PROCESS FOR OBTAINING OR RENEWING AN

IDENTIFICATION CARD.

(A) REQUIREMENTS.--THE FOLLOWING APPLY:

(1) TO OBTAIN, AMEND OR RENEW AN IDENTIFICATION CARD, A

PATIENT OR CAREGIVER SHALL FILE AN APPLICATION WITH THE

DEPARTMENT.

(2) IN THE CASE OF A PATIENT, THE APPLICATION SHALL

INCLUDE THE FOLLOWING:

(I) THE PATIENT'S CERTIFICATION. A NEW CERTIFICATION

MUST BE PROVIDED WITH A RENEWAL APPLICATION.

(II) THE NAME, ADDRESS AND DATE OF BIRTH OF THE

PATIENT.

(III) THE DATE OF THE CERTIFICATION.

(IV) IF THE PATIENT HAS AN IDENTIFICATION CARD BASED

ON A CURRENT VALID CERTIFICATION, THE IDENTIFICATION

NUMBER AND EXPIRATION DATE OF THAT IDENTIFICATION CARD.

(V) THE SPECIFIED DATE UNTIL WHICH THE PATIENT WOULD

BENEFIT FROM MEDICAL MARIJUANA, IF THE CERTIFICATION

STATES SUCH A DATE.

(VI) THE NAME, ADDRESS AND TELEPHONE NUMBER OF THE

CERTIFYING PRACTITIONER.

(VII) OTHER INFORMATION REQUIRED BY THE DEPARTMENT.

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(3) IF THE PATIENT DESIGNATES A CAREGIVER, THE

APPLICATION SHALL INCLUDE THE NAME, ADDRESS AND DATE OF BIRTH

OF THE CAREGIVER, AND OTHER INDIVIDUAL IDENTIFYING

INFORMATION REQUIRED BY THE DEPARTMENT.

(4) IN THE CASE OF A CAREGIVER, THE APPLICATION SHALL

INCLUDE THE FOLLOWING:

(I) FEDERAL AND COMMONWEALTH CRIMINAL HISTORY RECORD

INFORMATION AS SET FORTH IN SUBSECTION (B).

(II) THE NAME, ADDRESS AND DATE OF BIRTH OF THE

CAREGIVER.

(III) IF THE CAREGIVER HAS AN IDENTIFICATION CARD,

THE IDENTIFICATION NUMBER AND EXPIRATION DATE OF THE

IDENTIFICATION CARD.

(IV) OTHER INFORMATION REQUIRED BY THE DEPARTMENT.

(5) THE APPLICATION SHALL BE SIGNED AND DATED BY THE

PATIENT OR CAREGIVER, AS APPROPRIATE.

(6) THE APPLICATION SHALL BE ACCOMPANIED BY A FEE OF

$50. THE DEPARTMENT MAY WAIVE OR REDUCE THE FEE IN CASES OF

DEMONSTRATED FINANCIAL HARDSHIP.

(7) THE DEPARTMENT MAY PRESCRIBE ANY OTHER REQUIREMENTS

FOR THE APPLICATION.

(B) REQUIREMENT.--THE FOLLOWING APPLY:

(1) IN EACH CASE BEFORE APPROVING THE APPLICATION TO BE

A CAREGIVER, THE DEPARTMENT SHALL REVIEW THE APPLICANT'S

FEDERAL AND COMMONWEALTH CRIMINAL HISTORY RECORD INFORMATION

AND THE PRESCRIPTION DRUG MONITORING PROGRAM WITH RESPECT TO

THE CAREGIVER TO DETERMINE IF THE CAREGIVER HAS A HISTORY OF

DRUG ABUSE OR A HISTORY OF DIVERSION OF CONTROLLED SUBSTANCES

OR ILLEGAL DRUGS. THE DEPARTMENT MAY, WITHIN ITS DISCRETION,

DENY AN APPLICATION TO BECOME A CAREGIVER IF THE APPLICANT

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HAS A HISTORY OF DRUG ABUSE OR A HISTORY OF DIVERTING

CONTROLLED SUBSTANCES OR ILLEGAL DRUGS. THE DEPARTMENT SHALL

DENY THE APPLICATION TO BE A CAREGIVER IF THE APPLICANT HAS

BEEN CONVICTED OF ANY CRIMINAL OFFENSE RELATED TO SALE OR

POSSESSION OF DRUGS, NARCOTICS OR OTHER CONTROLLED SUBSTANCES

WITHIN THE LAST FIVE YEARS.

(2) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY

AND IN ORDER TO FULFILL THE REQUIREMENTS OF THIS SUBSECTION,

THE PENNSYLVANIA STATE POLICE SHALL, AT THE REQUEST OF THE

DEPARTMENT, PROVIDE CRIMINAL HISTORY BACKGROUND

INVESTIGATIONS, WHICH SHALL INCLUDE RECORDS OF CRIMINAL

ARRESTS AND CONVICTIONS, NO MATTER WHERE OCCURRING, INCLUDING

FEDERAL CRIMINAL HISTORY RECORD INFORMATION, ON APPLICANTS

FOR THE POSITION OF CAREGIVER. FOR PURPOSES OF APPROVING

APPLICANTS TO BECOME CAREGIVERS, THE DEPARTMENT SHALL REQUEST

THE INFORMATION SET FORTH IN THIS PARAGRAPH FOR EACH

APPLICANT WHO SEEKS TO BECOME A CAREGIVER. THE DEPARTMENT MAY

RECEIVE AND RETAIN INFORMATION OTHERWISE PROTECTED BY 18

PA.C.S. CH. 91 (RELATING TO CRIMINAL HISTORY RECORD

INFORMATION).

INCLUDE NOTICE THAT A FALSE STATEMENT MADE IN THE APPLICATION IS

PUNISHABLE UNDER THE APPLICABLE PROVISIONS OF 18 PA.C.S. CH. 49

(RELATING TO FALSIFICATION AND INTIMIDATION).

SECTION 507. SPECIAL CONDITIONS.

THE FOLLOWING APPLY:

(1) IF THE PRACTITIONER STATES IN THE CERTIFICATION

THAT, IN THE PRACTITIONER'S PROFESSIONAL OPINION, THE PATIENT

WOULD BENEFIT FROM MEDICAL MARIJUANA ONLY UNTIL A SPECIFIED

EARLIER DATE, THEN THE IDENTIFICATION CARD SHALL EXPIRE ON

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THAT DATE.

(2) IF THE PRACTITIONER REISSUES A CERTIFICATION WHICH

TERMINATES A CERTIFICATION ON AN EARLIER DATE, THEN A

REPLACEMENT IDENTIFICATION CARD SHALL BE ISSUED WITH THE

EARLIER EXPIRATION DATE. THE ORIGINAL IDENTIFICATION CARD

SHALL BE PROMPTLY RETURNED BY THE PATIENT TO THE DEPARTMENT.

(3) IF THE CERTIFICATION SO PROVIDES, THE IDENTIFICATION

CARD SHALL STATE ANY REQUIREMENT OR LIMITATION BY THE

PRACTITIONER AS TO THE FORM OF MEDICAL MARIJUANA FOR THE

PATIENT.

SECTION 508. MINORS.

IF A PATIENT IS UNDER 18 YEARS OF AGE, THE FOLLOWING APPLY:

(1) THE PATIENT SHALL HAVE A CAREGIVER.

(2) A CAREGIVER MUST BE ONE OF THE FOLLOWING:

(I) A PARENT OR LEGAL GUARDIAN OF THE PATIENT.

(II) AN INDIVIDUAL DESIGNATED BY A PARENT OR LEGAL

GUARDIAN.

(III) AN APPROPRIATE INDIVIDUAL APPROVED BY THE

DEPARTMENT UPON A SUFFICIENT SHOWING THAT NO PARENT OR

LEGAL GUARDIAN IS APPROPRIATE OR AVAILABLE.

SECTION 509. CAREGIVER AUTHORIZATION AND LIMITATIONS.

(A) AGE.--AN INDIVIDUAL WHO IS UNDER 21 YEARS OF AGE MAY NOT

BE A CAREGIVER UNLESS A SUFFICIENT SHOWING, AS DETERMINED BY THE

DEPARTMENT, IS MADE TO THE DEPARTMENT THAT THE INDIVIDUAL SHOULD

BE PERMITTED TO SERVE AS A CAREGIVER.

(B) CHANGING CAREGIVER.--IF A PATIENT WISHES TO CHANGE OR

TERMINATE THE DESIGNATION OF THE PATIENT'S CAREGIVER, FOR

WHATEVER REASON, THE PATIENT SHALL NOTIFY THE DEPARTMENT AS SOON

AS PRACTICABLE. THE DEPARTMENT SHALL ISSUE A NOTIFICATION TO THE

CAREGIVER THAT THE CAREGIVER'S IDENTIFICATION CARD IS INVALID

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AND MUST BE PROMPTLY RETURNED TO THE DEPARTMENT.

DESIGNATES AN INDIVIDUAL AS A CAREGIVER WHO IS NOT AUTHORIZED TO

BE A CAREGIVER, THAT PORTION OF THE APPLICATION SHALL BE DENIED

BY THE DEPARTMENT. THE DEPARTMENT SHALL REVIEW THE BALANCE OF

THE APPLICATION AND MAY APPROVE THAT PORTION OF IT.

SECTION 510. CONTENTS OF IDENTIFICATION CARD.

AN IDENTIFICATION CARD SHALL CONTAIN THE FOLLOWING:

(1) THE NAME OF THE PATIENT AND THE CAREGIVER, AS

APPROPRIATE. THE IDENTIFICATION CARD SHALL ALSO STATE WHETHER

THE INDIVIDUAL IS DESIGNATED AS A PATIENT OR AS A CAREGIVER.

(2) THE DATE OF ISSUANCE AND EXPIRATION DATE.

(3) AN IDENTIFICATION NUMBER FOR THE PATIENT AND

CAREGIVER, AS APPROPRIATE.

(4) A PHOTOGRAPH OF THE INDIVIDUAL TO WHOM THE

IDENTIFICATION CARD IS BEING ISSUED, WHETHER THE INDIVIDUAL

IS A PATIENT OR A CAREGIVER. THE METHOD OF OBTAINING THE

PHOTOGRAPH SHALL BE SPECIFIED BY THE DEPARTMENT BY

REGULATION. THE DEPARTMENT SHALL PROVIDE REASONABLE

ACCOMMODATION FOR A PATIENT WHO IS CONFINED TO THE PATIENT'S

HOME OR IS IN INPATIENT CARE DUE TO A SERIOUS MEDICAL

CONDITION.

(5) ANY REQUIREMENT OR LIMITATION SET BY THE

PRACTITIONER AS TO THE FORM OF MEDICAL MARIJUANA.

(6) ANY OTHER REQUIREMENTS DETERMINED BY THE DEPARTMENT,

EXCEPT THE DEPARTMENT MAY NOT REQUIRE THAT AN IDENTIFICATION

CARD DISCLOSE THE PATIENT'S SERIOUS MEDICAL CONDITION.

SECTION 511. SUSPENSION.

IF A PATIENT OR CAREGIVER INTENTIONALLY, KNOWINGLY OR

RECKLESSLY VIOLATES ANY PROVISION OF THIS ACT AS DETERMINED BY

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THE DEPARTMENT, THE IDENTIFICATION CARD OF THE PATIENT OR

CAREGIVER MAY BE SUSPENDED OR REVOKED. THE SUSPENSION OR

REVOCATION SHALL BE IN ADDITION TO ANY CRIMINAL OR OTHER PENALTY

THAT MAY APPLY.

SECTION 512. USE OF PRESCRIPTION DRUG MONITORING PROGRAM.

(A) REQUIREMENT.--A PRACTITIONER SHALL CONSULT THE

PRESCRIPTION DRUG MONITORING PROGRAM EACH TIME PRIOR TO

AUTHORIZING THE USE OF MEDICAL MARIJUANA FOR A PATIENT AND EACH

TIME PRIOR TO CHANGING THE FORM OF MEDICAL MARIJUANA FOR A

PATIENT.

(B) OTHER ACCESS BY PRACTITIONER.--A PRACTITIONER MAY ACCESS

THE PRESCRIPTION DRUG MONITORING PROGRAM TO:

(1) DETERMINE WHETHER A PATIENT MAY BE UNDER TREATMENT

WITH A CONTROLLED SUBSTANCE BY ANOTHER PHYSICIAN OR OTHER

PERSON.

(2) ALLOW THE PRACTITIONER TO REVIEW THE PATIENT'S

CONTROLLED SUBSTANCE HISTORY AS DEEMED NECESSARY BY THE

PRACTITIONER.

(3) PROVIDE TO THE PATIENT, OR CAREGIVER ON BEHALF OF

THE PATIENT IF AUTHORIZED BY THE PATIENT, A COPY OF THE

PATIENT'S CONTROLLED SUBSTANCE HISTORY.

SECTION 513. PROHIBITIONS.

THE FOLLOWING PROHIBITIONS SHALL APPLY:

(1) A PATIENT MAY NOT OPERATE OR BE IN PHYSICAL CONTROL

OF ANY OF THE FOLLOWING WHILE UNDER THE INFLUENCE WITH A

BLOOD CONTENT OF MORE THAN 10 NANOGRAMS OF ACTIVE

TETRAHYDROCANNABIS PER MILLILITER OF BLOOD IN SERUM:

(I) CHEMICALS WHICH REQUIRE A PERMIT ISSUED BY THE

FEDERAL GOVERNMENT OR A STATE GOVERNMENT OR AN AGENCY OF

THE FEDERAL GOVERNMENT OR A STATE GOVERNMENT.

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(II) HIGH-VOLTAGE ELECTRICITY OR ANY OTHER PUBLIC

UTILITY.

(2) A PATIENT MAY NOT PERFORM ANY EMPLOYMENT DUTIES AT

HEIGHTS OR IN CONFINED SPACES, INCLUDING, BUT NOT LIMITED TO,

MINING WHILE UNDER THE INFLUENCE OF MEDICAL MARIJUANA.

(3) A PATIENT MAY BE PROHIBITED BY AN EMPLOYER FROM

PERFORMING ANY TASK WHICH THE EMPLOYER DEEMS LIFE-

THREATENING, TO EITHER THE EMPLOYEE OR ANY OF THE EMPLOYEES

OF THE EMPLOYER, WHILE UNDER THE INFLUENCE OF MEDICAL

MARIJUANA. THE PROHIBITION SHALL NOT BE DEEMED AN ADVERSE

EMPLOYMENT DECISION EVEN IF THE PROHIBITION RESULTS IN

FINANCIAL HARM FOR THE PATIENT.

(4) A PATIENT MAY BE PROHIBITED BY AN EMPLOYER FROM

PERFORMING ANY DUTY WHICH COULD RESULT IN A PUBLIC HEALTH OR

SAFETY RISK WHILE UNDER THE INFLUENCE OF MEDICAL MARIJUANA.

THE PROHIBITION SHALL NOT BE DEEMED AN ADVERSE EMPLOYMENT

DECISION EVEN IF THE PROHIBITION RESULTS IN FINANCIAL HARM

FOR THE PATIENT.

CHAPTER 7

MEDICAL MARIJUANA ORGANIZATIONS

SECTION 701. MEDICAL MARIJUANA ORGANIZATIONS.

THE GROWING, ACQUIRING, POSSESSING, MANUFACTURING, SELLING,

DELIVERING, TRANSPORTING, DISTRIBUTING OR DISPENSING OF MEDICAL

MARIJUANA BY A MEDICAL MARIJUANA ORGANIZATION, INCLUDING A

CLINICAL REGISTRANT UNDER CHAPTER 20, UNDER THIS ACT AND IN

ACCORDANCE WITH REGULATIONS PROMULGATED BY THE DEPARTMENT UNDER

THIS ACT SHALL BE LAWFUL.

SECTION 702. LABORATORY.

A GROWER/PROCESSOR SHALL CONTRACT WITH AN INDEPENDENT

LABORATORY TO TEST THE MEDICAL MARIJUANA PRODUCED BY THE

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GROWER/PROCESSOR. THE DEPARTMENT SHALL APPROVE THE LABORATORY

AND REQUIRE THAT THE LABORATORY REPORT TESTING RESULTS IN A

MANNER AS THE DEPARTMENT SHALL DETERMINE, INCLUDING REQUIRING A

TEST AT HARVEST AND A TEST AT FINAL PROCESSING.

SECTION 703. DISPENSING TO PATIENTS AND CAREGIVERS.

(A) GENERAL RULE.--A DISPENSARY MAY DISPENSE MEDICAL

MARIJUANA TO A PATIENT OR CAREGIVER UPON PRESENTATION TO THE

DISPENSARY OF A VALID IDENTIFICATION CARD FOR THAT PATIENT OR

CAREGIVER. THE DISPENSARY SHALL PROVIDE TO THE PATIENT OR

CAREGIVER A RECEIPT, AS APPROPRIATE. THE RECEIPT SHALL INCLUDE

ALL OF THE FOLLOWING:

(1) THE NAME, ADDRESS AND IDENTIFICATION NUMBER OF THE

DISPENSARY.

(2) THE NAME AND IDENTIFICATION NUMBER OF THE PATIENT

AND CAREGIVER.

(3) THE DATE THE MEDICAL MARIJUANA WAS DISPENSED.

(4) ANY REQUIREMENT OR LIMITATION BY THE PRACTITIONER AS

TO THE FORM OF MEDICAL MARIJUANA FOR THE PATIENT.

(5) THE FORM AND THE QUANTITY OF MEDICAL MARIJUANA

DISPENSED.

(B) RECORD RETENTION.--THE DISPENSARY SHALL RETAIN THE

FOLLOWING FOR SIX YEARS:

(1) A COPY OF THE PATIENT'S OR CAREGIVER'S

IDENTIFICATION CARD, AS APPROPRIATE.

(2) THE RECEIPT, WHICH MAY BE RETAINED IN ELECTRONIC

FORM.

MARIJUANA TO A PATIENT OR CAREGIVER, THE DISPENSARY SHALL FILE

THE RECEIPT INFORMATION WITH THE DEPARTMENT BY ELECTRONIC MEANS

ON A REAL-TIME BASIS AS THE DEPARTMENT SHALL REQUIRE. THE

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DEPARTMENT SHALL IMMEDIATELY ENTER THE INFORMATION INTO THE

SEPARATE, ELECTRONIC DATABASE ESTABLISHED UNDER SECTION 301(1.1)

FOR USE BY THE DEPARTMENT AND DISPENSARIES TO INHIBIT DIVERSION

AND OTHER UNLAWFUL USE OF MEDICAL MARIJUANA. WHEN FILING RECEIPT

AND CERTIFICATION INFORMATION ELECTRONICALLY UNDER THIS

SUBSECTION, THE DISPENSARY SHALL DISPOSE OF ANY ELECTRONICALLY

RECORDED PRESCRIPTION CERTIFICATION INFORMATION AS PROVIDED BY

REGULATION.

(D) LIMITATIONS.--NO DISPENSARY MAY DISPENSE TO A PATIENT OR

CAREGIVER:

(1) A QUANTITY OF MEDICAL MARIJUANA GREATER THAN THAT

WHICH THE PATIENT OR CAREGIVER IS PERMITTED TO POSSESS UNDER

THE CERTIFICATION; OR

(2) A FORM OF MEDICAL MARIJUANA PROHIBITED BY THIS ACT.

(E) SUPPLY.--WHEN DISPENSING MEDICAL MARIJUANA TO A PATIENT

OR CAREGIVER, THE DISPENSARY MAY NOT DISPENSE AN AMOUNT GREATER

THAN A 30-DAY SUPPLY UNTIL THE PATIENT HAS EXHAUSTED ALL BUT A

SEVEN-DAY SUPPLY PROVIDED PURSUANT TO A PREVIOUSLY ISSUED

CERTIFICATION.

(F) VERIFICATION.--PRIOR TO DISPENSING MEDICAL MARIJUANA TO

A PATIENT OR CAREGIVER, THE DISPENSARY SHALL VERIFY THE

INFORMATION IN SUBSECTIONS (E) AND (G) BY CONSULTING THE

DATABASE ESTABLISHED UNDER SECTION 301(1.1).

(G) FORM OF MEDICAL MARIJUANA.--MEDICAL MARIJUANA DISPENSED

TO A PATIENT OR CAREGIVER BY A DISPENSARY SHALL CONFORM TO ANY

REQUIREMENT OR LIMITATION SET BY THE PRACTITIONER AS TO THE FORM

OF MEDICAL MARIJUANA FOR THE PATIENT.

(H) SAFETY INSERT.--WHEN A DISPENSARY DISPENSES MEDICAL

MARIJUANA TO A PATIENT OR CAREGIVER, THE ORGANIZATION SHALL

PROVIDE TO THAT PATIENT OR CAREGIVER, AS APPROPRIATE, A SAFETY

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INSERT. THE INSERT SHALL BE DEVELOPED AND APPROVED BY THE

DEPARTMENT. THE INSERT SHALL PROVIDE THE FOLLOWING INFORMATION:

(1) LAWFUL METHODS FOR ADMINISTERING MEDICAL MARIJUANA

IN INDIVIDUAL DOSES.

(2) ANY POTENTIAL DANGERS STEMMING FROM THE USE OF

MEDICAL MARIJUANA.

(3) HOW TO RECOGNIZE WHAT MAY BE PROBLEMATIC USAGE OF

MEDICAL MARIJUANA AND HOW TO OBTAIN APPROPRIATE SERVICES OR

TREATMENT FOR PROBLEMATIC USAGE.

(4) HOW TO PREVENT OR DETER THE MISUSE OF MEDICAL

MARIJUANA BY MINORS OR OTHERS.

(5) ANY OTHER INFORMATION AS DETERMINED BY THE

DEPARTMENT.

(I) SEALED AND LABELED PACKAGE.--MEDICAL MARIJUANA SHALL BE

DISPENSED BY A DISPENSARY TO A PATIENT OR CAREGIVER IN A SEALED

AND PROPERLY LABELED PACKAGE. THE LABELING SHALL CONTAIN THE

FOLLOWING:

(1) THE INFORMATION REQUIRED TO BE INCLUDED IN THE

RECEIPT PROVIDED TO THE PATIENT OR CAREGIVER, AS APPROPRIATE,

BY THE DISPENSARY.

(2) THE PACKAGING DATE.

(3) ANY APPLICABLE DATE BY WHICH THE MEDICAL MARIJUANA

SHOULD BE USED.

(4) A WARNING STATING:

"THIS PRODUCT IS FOR MEDICINAL USE ONLY. WOMEN SHOULD NOT

CONSUME DURING PREGNANCY OR WHILE BREASTFEEDING EXCEPT ON THE

ADVICE OF THE PRACTITIONER WHO ISSUED THE CERTIFICATION AND

IN THE CASE OF BREASTFEEDING, THE INFANT'S PEDIATRICIAN. THIS

PRODUCT MIGHT IMPAIR THE ABILITY TO DRIVE OR OPERATE HEAVY

MACHINERY. KEEP OUT OF REACH OF CHILDREN."

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(5) THE AMOUNT OF INDIVIDUAL DOSES CONTAINED WITHIN THE

PACKAGE AND THE SPECIES AND PERCENTAGE OF

TETRAHYDROCANNABINOL AND CANNABIDIOL.

(6) A WARNING THAT THE MEDICAL MARIJUANA MUST BE KEPT IN

THE ORIGINAL CONTAINER IN WHICH IT WAS DISPENSED.

(7) A WARNING THAT UNAUTHORIZED USE IS UNLAWFUL AND WILL

SUBJECT THE PERSON TO CRIMINAL PENALTIES.

(8) ANY OTHER INFORMATION REQUIRED BY THE DEPARTMENT.

(J) CONVICTIONS PROHIBITED.--THE FOLLOWING INDIVIDUALS MAY

NOT HOLD VOLUNTEER POSITIONS OR POSITIONS WITH REMUNERATION IN

OR BE AFFILIATED WITH A MEDICAL MARIJUANA ORGANIZATION,

INCLUDING A CLINICAL REGISTRANT UNDER CHAPTER 20, IN ANY WAY IF

THE INDIVIDUAL HAS BEEN CONVICTED OF ANY CRIMINAL OFFENSE

RELATED TO THE SALE OR POSSESSION OF ILLEGAL DRUGS, NARCOTICS OR

CONTROLLED SUBSTANCES:

(1) FINANCIAL BACKERS.

(2) PRINCIPALS.

(3) EMPLOYEES.

SECTION 704. PRICING.

THE FOLLOWING APPLY:

(1) EACH SALE OF MEDICAL MARIJUANA BY A DISPENSARY SHALL

NOT EXCEED THE MAXIMUM PRICE DETERMINED BY THE DEPARTMENT

THROUGH REGULATION. A CHARGE MADE OR DEMANDED FOR MEDICAL

MARIJUANA BY A DISPENSARY WHICH EXCEEDS THE MAXIMUM PRICE

DETERMINED BY THE DEPARTMENT IS DEEMED TO BE A VIOLATION OF

THE ACT OF DECEMBER 17, 1968 (P.L.1224, NO.387), KNOWN AS THE

UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW.

(2) THE DEPARTMENT SHALL SET THE MAXIMUM PER-DOSE PRICE

OF EACH FORM OF MEDICAL MARIJUANA DISPENSED BY A DISPENSARY.

IN SETTING THE MAXIMUM PER-DOSE PRICE, THE DEPARTMENT SHALL

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CONSIDER THE FIXED AND VARIABLE COSTS OF PRODUCING THE FORM

OF MEDICAL MARIJUANA AND ANY OTHER FACTOR THE DEPARTMENT

DEEMS RELEVANT TO DETERMINE THE MAXIMUM PER-DOSE PRICE.

(3) THE DEPARTMENT MAY SET THE MAXIMUM PER-DOSE PRICE OF

EACH FORM OF MEDICAL MARIJUANA SOLD BY A GROWER/PROCESSOR TO

A DISPENSARY.

(4) A GROWER/PROCESSOR SHALL MAKE MEDICAL MARIJUANA

AVAILABLE FOR SALE TO ALL DISPENSARIES AT THE SAME PER-DOSE

PRICE.

(5) IF A GROWER/PROCESSOR CHANGES THE PER-DOSE PRICE ON

ANY SALE OF ANY FORM OF MEDICAL MARIJUANA TO A DISPENSARY,

THE GROWER/PROCESSOR SHALL CHANGE THE PER-DOSE PRICE FOR THAT

FORM OF MEDICAL MARIJUANA FOR ALL OTHER DISPENSARIES BY THE

SAME AMOUNT.

SECTION 705. FACILITY REQUIREMENTS.

(A) GENERAL RULE.--THE FOLLOWING APPLY:

(1) A GROWER/PROCESSOR MAY ONLY GROW OR PROCESS MEDICAL

MARIJUANA IN AN INDOOR, ENCLOSED, SECURE FACILITY LOCATED

WITHIN THIS COMMONWEALTH, AS DETERMINED BY THE DEPARTMENT.

THE FACILITY MAY INCLUDE A GREENHOUSE.

(2) A DISPENSARY MAY ONLY DISPENSE MEDICAL MARIJUANA IN

AN INDOOR, ENCLOSED, SECURE FACILITY LOCATED WITHIN THIS

COMMONWEALTH, AS DETERMINED BY THE DEPARTMENT.

(3) A DISPENSARY MAY NOT OPERATE ON THE SAME SITE AS A

FACILITY USED FOR GROWING AND PROCESSING MEDICAL MARIJUANA.

(4) A GROWER/PROCESSOR MAY NOT BE LOCATED WITHIN 1,000

FEET OF THE PROPERTY LINE OF A PUBLIC, PRIVATE OR PAROCHIAL

SCHOOL OR A DAY-CARE CENTER, UNLESS THE GROWER/PROCESSOR IS

LOCATED WITHIN A KEYSTONE OPPORTUNITY ZONE.

(5) A DISPENSARY MAY NOT BE LOCATED WITHIN 1,000 FEET OF

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THE PROPERTY LINE OF A PUBLIC, PRIVATE OR PAROCHIAL SCHOOL OR

A DAY-CARE CENTER, UNLESS THE DISPENSARY IS LOCATED WITHIN A

KEYSTONE OPPORTUNITY ZONE.

(B) DETERMINATION.--A GROWER/PROCESSOR SHALL PROVIDE

DOCUMENTATION OF THE QUALITY AND SAFETY OF THE MEDICAL MARIJUANA

PRODUCED BY THE GROWER/PROCESSOR TO THE DEPARTMENT AND TO ANY

PATIENT OR CAREGIVER TO WHICH THE MEDICAL MARIJUANA IS

DISPENSED. THE DOCUMENTATION SHALL INCLUDE THE TEST RESULTS

UNDER SECTION 702.

SECTION 706. REGISTRATION.

(A) REGISTRATION REQUIRED.--UPON APPLICATION, THE DEPARTMENT

MAY REGISTER THE PERSON AS:

(1) BOTH A GROWER/PROCESSOR AND A DISPENSARY OR SOLELY

AS A GROWER/PROCESSOR.

(2) BOTH A DISPENSARY AND A GROWER/PROCESSOR OR SOLELY

AS A DISPENSARY.

(B) SEPARATE REGISTRATION.--SEPARATE REGISTRATION IS

REQUIRED FOR A GROWER/PROCESSOR AND FOR A DISPENSARY, INCLUDING

WHEN:

(1) A DISPENSARY IS REGISTERED AS A GROWER/PROCESSOR.

(2) A GROWER/PROCESSOR IS REGISTERED AS A DISPENSARY.

A DISPENSARY SHALL KEEP SEPARATE BOOKS AND RECORDS.

(D) DEPARTMENT TO ESTABLISH REGIONS.--THE DEPARTMENT SHALL

ESTABLISH NO FEWER THAN THREE REGIONS WITHIN THIS COMMONWEALTH

FOR THE PURPOSE OF REGISTERING GROWERS/PROCESSORS AND

DISPENSARIES AND PROVIDING FOR THEIR LOCATIONS. THE DEPARTMENT

SHALL IMPLEMENT THIS SUBSECTION IN A MANNER WHICH WILL SUPPLY AN

ADEQUATE AMOUNT OF MEDICAL MARIJUANA TO PATIENTS AND CAREGIVERS

IN EACH REGION. IN DETERMINING THE GEOGRAPHIC BOUNDARIES OF THE

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REGIONS, THE DEPARTMENT SHALL CONSIDER THE FOLLOWING:

(1) POPULATION.

(2) THE NUMBER OF PATIENTS SUFFERING FROM SERIOUS

MEDICAL CONDITIONS.

(3) THE TYPES OF SERIOUS MEDICAL CONDITIONS.

(4) ACCESS TO PUBLIC TRANSPORTATION.

(5) ANY OTHER FACTOR THE DEPARTMENT DEEMS RELEVANT.

(E) NOTICE.--WHEN THE BOUNDARIES ARE ESTABLISHED, THE

DEPARTMENT SHALL PUBLISH NOTICE OF THE DETERMINATION IN THE

PENNSYLVANIA BULLETIN. THE DEPARTMENT MAY ADJUST THE BOUNDARIES

AS NECESSARY EVERY TWO YEARS. NOTICE OF ANY ADJUSTMENT TO THE

BOUNDARIES SHALL BE PUBLISHED IN THE PENNSYLVANIA BULLETIN.

SECTION 707. LIMITATIONS ON REGISTRATIONS.

THE FOLLOWING LIMITATIONS APPLY TO REGISTRATION OF

GROWER/PROCESSORS AND DISPENSARIES:

(1) THE DEPARTMENT MAY NOT INITIALLY REGISTER MORE THAN

25 GROWERS/PROCESSORS.

(2) THE DEPARTMENT MAY NOT INITIALLY REGISTER MORE THAN

50 DISPENSARIES. EACH DISPENSARY MAY PROVIDE MEDICAL

MARIJUANA AT NO MORE THAN THREE SEPARATE LOCATIONS.

(3) THE DEPARTMENT MAY NOT PERMIT A SINGLE PERSON TO

HOLD MORE THAN FIVE INDIVIDUAL DISPENSARY REGISTRATIONS.

(4) THE DEPARTMENT MAY NOT PERMIT A SINGLE PERSON TO

HOLD MORE THAN ONE GROWER/PROCESSOR REGISTRATION.

(5) NO MORE THAN FIVE GROWER/PROCESSORS MAY BE

REGISTERED AS DISPENSARIES. IF THE NUMBER OF

GROWERS/PROCESSORS IS INCREASED PURSUANT TO SECTION 1108(4),

NO MORE THAN 20% OF THE TOTAL NUMBER OF GROWERS/PROCESSORS

MAY ALSO BE REGISTERED AS DISPENSARIES.

(6) A DISPENSARY MAY ONLY OBTAIN MEDICAL MARIJUANA FROM

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A GROWER/PROCESSOR HOLDING A VALID REGISTRATION UNDER THIS

ACT.

(7) A GROWER/PROCESSOR MAY ONLY PROVIDE MEDICAL

MARIJUANA TO A DISPENSARY HOLDING A VALID REGISTRATION UNDER

THIS ACT.

(8) NO MEDICAL MARIJUANA MAY BE DISPENSED FROM, OBTAINED

FROM OR TRANSFERRED TO A LOCATION OUTSIDE OF THIS

COMMONWEALTH.

(8.1) IN ACCORDANCE WITH REGULATIONS PROMULGATED BY THE

DEPARTMENT:

(I) TO INITIALLY GROW MEDICAL MARIJUANA, A

GROWER/PROCESSOR MAY OBTAIN SEED FROM OUTSIDE THIS

COMMONWEALTH.

(II) TO GROW MEDICAL MARIJUANA, A GROWER/PROCESSOR

MAY OBTAIN SEED AND PLANT MATERIAL FROM ANOTHER

GROWER/PROCESSOR WITHIN THIS COMMONWEALTH.

(9) A DISPENSARY SHALL HAVE A PHYSICIAN OR A PHARMACIST

ONSITE AT ALL TIMES DURING THE HOURS THE DISPENSARY IS OPEN

TO RECEIVE PATIENTS AND CAREGIVERS, EXCEPT THAT IF A

DISPENSARY HAS MORE THAN ONE SEPARATE LOCATION, A PHYSICIAN

ASSISTANT OR A CERTIFIED REGISTERED NURSE PRACTITIONER MAY BE

ONSITE AT THE OTHER LOCATION. A PHYSICIAN, A PHARMACIST, A

PHYSICIAN ASSISTANT OR A CERTIFIED REGISTERED NURSE

PRACTITIONER SHALL, PRIOR TO ASSUMING DUTIES UNDER THIS

PARAGRAPH, SUCCESSFULLY COMPLETE THE COURSE ESTABLISHED IN

SECTION 301(3). A PHYSICIAN MAY NOT CERTIFY PATIENTS TO

RECEIVE MEDICAL MARIJUANA OR OTHERWISE TREAT PATIENTS AT THE

DISPENSARY.

(10) A DISPENSARY MAY SELL MEDICAL DEVICES AND

INSTRUMENTS WHICH ARE NEEDED TO ADMINISTER MEDICAL MARIJUANA

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UNDER THIS ACT.

(11) A DISPENSARY MAY SELL SERVICES APPROVED BY THE

DEPARTMENT RELATED TO THE USE OF MEDICAL MARIJUANA.

SECTION 708. APPLICATION AND ISSUANCE OF REGISTRATION.

(A) APPLICATION FOR INITIAL REGISTRATION.--THE DEPARTMENT IS

AUTHORIZED TO REGISTER ELIGIBLE APPLICANTS TO GROW AND PROCESS

OR DISPENSE MEDICAL MARIJUANA. THE DEPARTMENT SHALL DEVELOP A

STANDARD APPLICATION FORM, WHICH SHALL BE AVAILABLE UPON

REQUEST. THE DEPARTMENT SHALL PROVIDE THE APPLICATION IN

ELECTRONIC FORM, WHICH SHALL BE AVAILABLE ON THE DEPARTMENT'S

PUBLICLY ACCESSIBLE INTERNET WEBSITE.

(B) CONTENTS OF APPLICATION.--AN APPLICANT SHALL PROVIDE THE

FOLLOWING INFORMATION:

(1) A DESCRIPTION OF THE BUSINESS ACTIVITIES IN WHICH

THE APPLICANT INTENDS TO ENGAGE AS A MEDICAL MARIJUANA

ORGANIZATION.

(2) A STATEMENT THAT THE APPLICANT:

(I) IS OF GOOD MORAL CHARACTER. THE APPLICANT SHALL

SUBMIT FEDERAL AND COMMONWEALTH CRIMINAL HISTORY RECORD

INFORMATION IN ORDER TO SUPPORT THE ASSERTION OF GOOD

MORAL CHARACTER. FOR PURPOSES OF THIS SUBPARAGRAPH AN

APPLICANT SHALL INCLUDE EACH FINANCIAL BACKER AND

PRINCIPAL OF THE MEDICAL MARIJUANA ORGANIZATION.

(II) POSSESSES OR HAS THE RIGHT TO USE SUFFICIENT

LAND, BUILDINGS AND OTHER PREMISES AND EQUIPMENT TO

PROPERLY CARRY ON THE ACTIVITY DESCRIBED IN THE

APPLICATION. THE INFORMATION SHALL BE SPECIFIED IN THE

APPLICATION IN SUFFICIENT DETAIL TO ALLOW THE DEPARTMENT

TO VERIFY THE INFORMATION.

(III) IS ABLE TO MAINTAIN EFFECTIVE SECURITY AND

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CONTROL TO PREVENT DIVERSION, ABUSE AND OTHER ILLEGAL

CONDUCT RELATING TO MEDICAL MARIJUANA. THE STATEMENT

SHALL INCLUDE A PROVISION WHICH STATES THAT IN THE EVENT

OF ANY LOSS OR THEFT OF MEDICAL MARIJUANA THE MEDICAL

MARIJUANA ORGANIZATION SHALL NOTIFY THE PENNSYLVANIA

STATE POLICE WITHIN 24 HOURS.

(IV) IS ABLE TO COMPLY WITH ALL APPLICABLE

COMMONWEALTH LAWS AND REGULATIONS RELATING TO THE

ACTIVITIES IN WHICH IT INTENDS TO ENGAGE UNDER THE

REGISTRATION.

(3) THE NAME, ADDRESS AND TITLE OF EACH FINANCIAL BACKER

AND PRINCIPAL OF THE APPLICANT. RESIDENTIAL ADDRESSES SHALL

BE INCLUDED FOR INDIVIDUALS. EACH INDIVIDUAL OR

REPRESENTATIVE OF AN ENTITY SHALL SUBMIT AN AFFIDAVIT WITH

THE APPLICATION SETTING FORTH:

(I) ANY POSITION OF MANAGEMENT OR OWNERSHIP DURING

THE PRECEDING 10 YEARS OF A CONTROLLING INTEREST IN ANY

OTHER BUSINESS, LOCATED INSIDE OR OUTSIDE THIS

COMMONWEALTH, MANUFACTURING OR DISTRIBUTING CONTROLLED

SUBSTANCES.

(II) WHETHER THE INDIVIDUAL OR ENTITY HAS BEEN

CONVICTED OF A CRIMINAL OFFENSE GRADED HIGHER THAN A

SUMMARY OFFENSE.

(III) WHETHER THE INDIVIDUAL OR ENTITY HAS HAD A

REGISTRATION OR LICENSE SUSPENDED OR REVOKED IN ANY

ADMINISTRATIVE OR JUDICIAL PROCEEDING.

(IV) ANY OTHER INFORMATION THE DEPARTMENT MAY

REQUIRE.

FALSE STATEMENT MADE IN THE APPLICATION IS PUNISHABLE UNDER THE

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APPLICABLE PROVISIONS OF 18 PA.C.S. CH. 49 (RELATING TO

FALSIFICATION AND INTIMIDATION).

(D) DUTY TO REPORT.--THE APPLICANT IS UNDER A CONTINUING

DUTY TO:

(1) REPORT TO THE DEPARTMENT ANY CHANGE IN FACTS OR

CIRCUMSTANCES REFLECTED IN THE APPLICATION OR ANY NEWLY

DISCOVERED OR OCCURRING FACT OR CIRCUMSTANCE WHICH IS

REQUIRED TO BE INCLUDED IN THE APPLICATION, INCLUDING A

CHANGE IN CONTROL OF THE MEDICAL MARIJUANA ORGANIZATION.

(2) REPORT TO THE PENNSYLVANIA STATE POLICE, WITHIN 24

HOURS, ANY LOSS OR THEFT OF MEDICAL MARIJUANA FROM THE

FACILITY THE APPLICANT IS OPERATING.

(3) SUBMIT TO INSPECTIONS, WHETHER ANNOUNCED OR

UNANNOUNCED, BY THE DEPARTMENT OF THE FACILITIES FOR GROWING,

PROCESSING, DISPENSING OR SELLING MEDICAL MARIJUANA, OR OF

THE BOOKS, PAPERS AND TRACKING OR OTHER SYSTEMS REQUIRED BY

THIS ACT.

(E) GRANTING OF REGISTRATION.--THE DEPARTMENT SHALL GRANT A

REGISTRATION OR AMENDMENT TO A REGISTRATION UNDER THIS SECTION

IF THE DEPARTMENT IS SATISFIED THAT:

(1) THE APPLICANT WILL BE ABLE TO MAINTAIN EFFECTIVE

CONTROL AGAINST DIVERSION OF MEDICAL MARIJUANA.

(2) THE APPLICANT WILL BE ABLE TO COMPLY WITH ALL

APPLICABLE LAWS AND REGULATIONS OF THIS COMMONWEALTH RELATING

TO THE ACTIVITIES IN WHICH IT INTENDS TO ENGAGE UNDER THE

REGISTRATION.

(3) THE APPLICANT IS READY, WILLING AND ABLE TO PROPERLY

CARRY ON THE ACTIVITY FOR WHICH A REGISTRATION IS SOUGHT.

(4) THE APPLICANT POSSESSES OR HAS THE RIGHT TO USE

SUFFICIENT LAND, BUILDINGS AND EQUIPMENT TO PROPERLY CARRY ON

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THE ACTIVITY DESCRIBED IN THE APPLICATION.

(5) IT IS IN THE PUBLIC INTEREST THAT THE REGISTRATION

BE GRANTED. IN DETERMINING WHETHER THE GRANTING OF

REGISTRATION IS IN THE PUBLIC INTEREST, THE DEPARTMENT SHALL

CONSIDER WHETHER THE NUMBER OF MEDICAL MARIJUANA

ORGANIZATIONS IN AN AREA WILL BE ADEQUATE OR EXCESSIVE.

(6) THE APPLICANT AND ITS PRINCIPALS AND FINANCIAL

BACKERS ARE OF GOOD MORAL CHARACTER.

(7) THE APPLICANT SATISFIES ANY OTHER CONDITIONS AS

DETERMINED BY THE DEPARTMENT.

(F) ADDITIONAL INFORMATION.--IF THE DEPARTMENT IS NOT

SATISFIED THAT THE APPLICANT SHOULD BE ISSUED A REGISTRATION,

THE DEPARTMENT SHALL NOTIFY THE APPLICANT IN WRITING OF THE

FACTORS FOR WHICH FURTHER DOCUMENTATION IS REQUIRED. WITHIN 30

DAYS OF THE RECEIPT OF THE NOTIFICATION, THE APPLICANT MAY

SUBMIT ADDITIONAL MATERIAL TO THE DEPARTMENT FOR CONSIDERATION.

(G) FEES.--THE FOLLOWING APPLY:

(1) FOR A GROWER/PROCESSOR:

(I) AN INITIAL APPLICATION FEE IN THE AMOUNT OF

$10,000 SHALL BE PAID. THE FEE IS NONREFUNDABLE.

(II) A FEE FOR REGISTRATION AS A GROWER/PROCESSOR IN

THE AMOUNT OF $200,000 SHALL BE PAID. THE PERIOD OF

REGISTRATION IS ONE YEAR. APPLICANTS SHALL SUBMIT THE

REGISTRATION FEE AT THE TIME OF SUBMISSION OF THE

APPLICATION. THE FEE SHALL BE RETURNED IF THE

REGISTRATION IS NOT GRANTED.

(III) A RENEWAL FEE FOR REGISTRATION AS A

GROWER/PROCESSOR IN THE AMOUNT OF $10,000 SHALL BE PAID.

THE RENEWAL FEE SHALL BE RETURNED IF THE RENEWAL IS NOT

GRANTED.

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(IV) BEFORE THE GRANTING OF THE INITIAL

REGISTRATION, THE DEPARTMENT SHALL VERIFY THAT THE

APPLICANT HAS $2,000,000 IN CAPITAL, $500,000 OF WHICH

MUST BE ON DEPOSIT WITH A FINANCIAL INSTITUTION.

(V) AN APPLICATION TO RENEW REGISTRATION SHALL BE

FILED WITH THE DEPARTMENT NOT MORE THAN SIX MONTHS NOR

LESS THAN FOUR MONTHS PRIOR TO EXPIRATION.

(VI) ALL FEES SHALL BE PAID BY CERTIFIED CHECK OR

MONEY ORDER.

(2) FOR A DISPENSARY:

(I) AN INITIAL APPLICATION FEE IN THE AMOUNT OF

$5,000 SHALL BE PAID. THE FEE IS NONREFUNDABLE.

(II) A FEE FOR REGISTRATION AS A DISPENSARY IN THE

AMOUNT OF $30,000 SHALL BE PAID. THE PERIOD OF

REGISTRATION IS ONE YEAR. AN APPLICANT SHALL SUBMIT THE

REGISTRATION FEE AT THE TIME OF SUBMISSION OF THE

APPLICATION. THE FEE SHALL BE RETURNED IF THE APPLICATION

IS NOT GRANTED.

(III) A RENEWAL FEE FOR REGISTRATION AS A DISPENSARY

IN THE AMOUNT OF $5,000 SHALL BE PAID. THE FEE SHALL BE

RETURNED IF THE RENEWAL IS NOT GRANTED.

(IV) THERE SHALL BE NO ADDITIONAL FEE FOR OPERATING

MORE THAN ONE LOCATION.

(V) BEFORE THE GRANTING OF THE INITIAL REGISTRATION,

THE DEPARTMENT SHALL VERIFY THAT THE APPLICANT HAS

$150,000 IN CAPITAL, WHICH MUST BE ON DEPOSIT WITH A

FINANCIAL INSTITUTION.

(VI) AN APPLICATION TO RENEW REGISTRATION SHALL BE

FILED WITH THE DEPARTMENT NOT MORE THAN SIX MONTHS NOR

LESS THAN FOUR MONTHS PRIOR TO EXPIRATION.

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(VII) ALL FEES SHALL BE PAID BY CERTIFIED CHECK OR

MONEY ORDER.

(3) A FEE OF $250 SHALL BE REQUIRED WHEN AMENDING THE

APPLICATION TO INDICATE RELOCATION WITHIN THIS COMMONWEALTH

OR THE ADDITION OR DELETION OF APPROVED ACTIVITIES BY THE

MEDICAL MARIJUANA ORGANIZATION.

(4) FEES PAYABLE UNDER THIS SECTION SHALL BE DEPOSITED

INTO THE FUND.

(H) ISSUANCE.--A REGISTRATION ISSUED BY THE DEPARTMENT TO A

MEDICAL MARIJUANA ORGANIZATION SHALL BE EFFECTIVE ONLY FOR THAT

ORGANIZATION AND SHALL SPECIFY THE FOLLOWING:

(1) THE NAME AND ADDRESS OF THE MEDICAL MARIJUANA

ORGANIZATION.

(2) THE LAND, BUILDINGS AND FACILITIES THAT MAY BE USED

BY THE MEDICAL MARIJUANA ORGANIZATION.

(3) ANY OTHER INFORMATION THE DEPARTMENT REQUIRES TO

ASSURE COMPLIANCE WITH THIS ACT.

(I) RELOCATION.--THE DEPARTMENT MAY APPROVE AN APPLICATION

FROM A MEDICAL MARIJUANA ORGANIZATION TO RELOCATE WITHIN THIS

COMMONWEALTH OR TO ADD OR DELETE ACTIVITIES OR FACILITIES. THE

MEDICAL MARIJUANA ORGANIZATION MAY NOT RELOCATE OR ADD OR DELETE

ACTIVITIES OR FACILITIES UNLESS APPROVED BY THE DEPARTMENT.

(J) LENGTH OF REGISTRATION.--A REGISTRATION ISSUED BY THE

DEPARTMENT SHALL BE VALID FOR ONE YEAR FROM THE DATE OF

ISSUANCE, EXCEPT THAT IN ORDER TO FACILITATE REGISTRATION

RENEWALS, THE DEPARTMENT MAY, UPON AN INITIAL APPLICATION FOR

REGISTRATION, ISSUE REGISTRATIONS THAT ARE VALID FOR NOT MORE

THAN ONE YEAR AND ELEVEN MONTHS.

(K) POSTING.--A DISPENSARY SHALL POST A COPY OF ITS

REGISTRATION IN A LOCATION WITHIN ITS FACILITY SUCH THAT IT IS

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EASILY OBSERVABLE BY PATIENTS, CAREGIVERS, LAW ENFORCEMENT

OFFICERS AND AGENTS OF THE DEPARTMENT.

SECTION 709. REGISTRATION RENEWALS.

(A) THE FOLLOWING APPLY TO A RENEWAL OF REGISTRATION:

(1) AN APPLICANT IS UNDER A CONTINUING DUTY TO REPORT TO

THE DEPARTMENT ANY CHANGE IN FACTS OR CIRCUMSTANCES REFLECTED

IN THE APPLICATION OR ANY NEWLY DISCOVERED OR OCCURRING FACT

OR CIRCUMSTANCE WHICH IS REQUIRED TO BE INCLUDED IN THE

APPLICATION.

(2) THE APPLICATION SHALL INCLUDE THE FOLLOWING

INFORMATION, PREPARED IN THE MANNER AND DETAIL AS THE

DEPARTMENT MAY REQUIRE:

(I) ANY MATERIAL CHANGE IN THE INFORMATION PROVIDED

BY THE MEDICAL MARIJUANA ORGANIZATION IN AN APPLICATION

OR RENEWAL OF REGISTRATION.

(II) EVERY KNOWN CHARGE OR INITIATED INVESTIGATION,

PENDING OR CONCLUDED DURING THE PERIOD OF THE

REGISTRATION, BY ANY GOVERNMENTAL OR ADMINISTRATIVE

AGENCY WITH RESPECT TO:

(A) EACH INCIDENT OR ALLEGED INCIDENT INVOLVING

THE THEFT, LOSS OR POSSIBLE DIVERSION OF MEDICAL

MARIJUANA GROWN, PROCESSED OR DISPENSED BY THE

APPLICANT; AND

(B) COMPLIANCE BY THE APPLICANT WITH THE LAWS OF

THIS COMMONWEALTH WITH RESPECT TO ANY SUBSTANCE

LISTED IN SECTION 4 OF THE ACT OF APRIL 14, 1972

(P.L.233, NO.64), KNOWN AS THE CONTROLLED SUBSTANCE,

DRUG, DEVICE AND COSMETIC ACT.

(B) GRANTING OF RENEWAL.--THE DEPARTMENT SHALL RENEW A

REGISTRATION UNLESS THE DEPARTMENT DETERMINES THAT:

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(1) THE APPLICANT IS UNLIKELY TO MAINTAIN OR BE ABLE TO

MAINTAIN EFFECTIVE CONTROL AGAINST DIVERSION OF MEDICAL

MARIJUANA.

(2) THE APPLICANT IS UNLIKELY TO COMPLY WITH ALL LAWS OF

THIS COMMONWEALTH APPLICABLE TO THE ACTIVITIES IN WHICH IT

MAY ENGAGE UNDER THE REGISTRATION.

THAT THE APPLICANT IS ENTITLED TO A RENEWAL OF THE REGISTRATION,

THE DEPARTMENT SHALL WITHIN A REASONABLE TIME SERVE UPON THE

APPLICANT OR THE APPLICANT'S ATTORNEY OF RECORD BY REGISTERED OR

CERTIFIED MAIL AN ORDER DIRECTING THE APPLICANT TO SHOW CAUSE

WHY THE APPLICATION FOR RENEWAL SHOULD NOT BE DENIED. THE ORDER

SHALL SPECIFY IN DETAIL THE WAY IN WHICH THE APPLICANT HAS NOT

SATISFIED THE DEPARTMENT'S REQUIREMENT FOR RENEWAL. WITHIN 30

DAYS OF THE ORDER, THE APPLICANT MAY SUBMIT ADDITIONAL MATERIAL

TO THE DEPARTMENT OR DEMAND A HEARING, OR BOTH. IF A HEARING IS

DEMANDED, THE DEPARTMENT SHALL FIX A DATE AS SOON AS

PRACTICABLE.

SECTION 710. SUSPENSION OR REVOCATION OF REGISTRATION.

THE DEPARTMENT MAY SUSPEND OR REVOKE REGISTRATION AS A

MEDICAL MARIJUANA ORGANIZATION, INCLUDING REGISTRATION UNDER

CHAPTER 20, IF:

(1) THE DEPARTMENT HAS EVIDENCE THAT A MEDICAL MARIJUANA

ORGANIZATION HAS FAILED TO MAINTAIN EFFECTIVE CONTROL AGAINST

DIVERSION OF MEDICAL MARIJUANA.

(2) THE MEDICAL MARIJUANA ORGANIZATION VIOLATES ANY

PROVISION OF THIS ACT OR A REGULATION OF THE DEPARTMENT.

(3) THE MEDICAL MARIJUANA ORGANIZATION HAS

INTENTIONALLY, KNOWINGLY, RECKLESSLY OR NEGLIGENTLY FAILED TO

COMPLY WITH APPLICABLE LAWS OF THIS COMMONWEALTH RELATING TO

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THE ACTIVITIES IN WHICH IT ENGAGES UNDER THE REGISTRATION.

SECTION 711. PRIVILEGE NOT PROPERTY RIGHT.

REGISTRATION OF A MEDICAL MARIJUANA ORGANIZATION, INCLUDING

REGISTRATION UNDER CHAPTER 20, GIVES A MEDICAL MARIJUANA

ORGANIZATION A PRIVILEGE TO ENGAGE IN THE SPECIFIED ACTIVITY,

BUT REGISTRATION DOES NOT GIVE A PROPERTY RIGHT.

SECTION 712. DIVERSITY GOALS.

(A) GOALS.--IT IS THE INTENT AND GOAL OF THE GENERAL

ASSEMBLY THAT THE DEPARTMENT PROMOTE AND ENSURE DIVERSITY AND

THE PARTICIPATION BY DIVERSE GROUPS IN THE ACTIVITIES AUTHORIZED

UNDER THIS ACT. IN ORDER TO FURTHER THIS GOAL, THE DEPARTMENT

SHALL ADOPT AND IMPLEMENT POLICIES OR GUIDELINES ENSURING THE

FOLLOWING:

(1) THAT DIVERSE GROUPS ARE ACCORDED EQUAL OPPORTUNITY

IN THE REGISTRATION PROCESS, EITHER DIRECTLY AS APPLICANTS OR

REGISTRANTS OR THROUGH OWNERSHIP INTERESTS IN APPLICANTS OR

REGISTRANTS.

(2) THAT REGISTRANTS PROMOTE THE PARTICIPATION OF

DIVERSE GROUPS IN THE REGISTRANTS' OPERATIONS BY AFFORDING

EQUAL ACCESS TO EMPLOYMENT OPPORTUNITIES.

(B) DUTIES OF DEPARTMENT.--TO FACILITATE PARTICIPATION BY

DIVERSE GROUPS IN THE ACTIVITIES AUTHORIZED UNDER THIS ACT, THE

DEPARTMENT SHALL:

(1) CONDUCT THE NECESSARY AND APPROPRIATE OUTREACH,

INCLUDING, IF DETERMINED APPROPRIATE, CONSULTING WITH OTHER

STATE AGENCIES, BOARDS AND COMMISSIONS, INCLUDING THE

DEPARTMENT OF GENERAL SERVICES AND THE DEPARTMENT OF STATE,

FOR THE PURPOSE OF IDENTIFYING DIVERSE GROUPS CAPABLE OF

PARTICIPATING IN THE ACTIVITIES UNDER THIS ACT.

(2) PROVIDE SUFFICIENT AND CONTINUOUS NOTICE OF THE

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PARTICIPATION OPPORTUNITIES AFFORDED UNDER THIS ACT BY

PUBLISHING NOTICE IN THE PENNSYLVANIA BULLETIN AND ON THE

DEPARTMENT'S PUBLICLY ACCESSIBLE INTERNET WEBSITE.

(3) INCLUDE IN THE APPLICATIONS FOR REGISTRATION UNDER

THIS ACT LANGUAGE TO ENCOURAGE APPLICANTS TO UTILIZE AND GIVE

CONSIDERATION TO DIVERSE GROUPS FOR CONTRACTING OR

PROFESSIONAL SERVICES OPPORTUNITIES.

(4) DESIGNATE AN EMPLOYEE TO OVERSEE THE EFFORTS ADOPTED

BY REGISTRANTS TO PROMOTE THE PARTICIPATION OF DIVERSE GROUPS

IN THE ACTIVITIES AUTHORIZED UNDER THIS ACT AND COMPLY WITH

THE DIVERSITY GOALS OF THIS SECTION.

THEREAFTER, THE DEPARTMENT SHALL SUBMIT A REPORT TO THE

CHAIRPERSON AND MINORITY CHAIRPERSON OF THE PUBLIC HEALTH AND

WELFARE COMMITTEE OF THE SENATE AND THE CHAIRPERSON AND MINORITY

CHAIRPERSON OF THE HEALTH COMMITTEE OF THE HOUSE OF

REPRESENTATIVES SUMMARIZING THE PARTICIPATION AND UTILIZATION OF

DIVERSE GROUPS IN THE ACTIVITIES AUTHORIZED UNDER THIS ACT. THE

REPORT SHALL INCLUDE:

(1) THE PARTICIPATION LEVEL, BY PERCENTAGE, OF DIVERSE

GROUPS IN THE ACTIVITIES AUTHORIZED UNDER THIS ACT.

(2) A SUMMARY OF HOW DIVERSE GROUPS ARE UTILIZED BY

REGISTRANTS, INCLUDING IN THE PROVISION OF GOODS OR SERVICES.

(3) ANY OTHER INFORMATION THE DEPARTMENT DEEMS

APPROPRIATE.

(D) DEFINITIONS.--THE FOLLOWING WORDS AND PHRASES WHEN USED

IN THIS SECTION SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS

SUBSECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:

"DISADVANTAGED BUSINESS." AS DEFINED IN 74 PA.C.S. § 303(B)

(RELATING TO DIVERSE BUSINESS PARTICIPATION).

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"DIVERSE GROUP." A DISADVANTAGED BUSINESS, MINORITY-OWNED

BUSINESS, WOMEN-OWNED BUSINESS, SERVICE-DISABLED VETERAN-OWNED

SMALL BUSINESS OR VETERAN-OWNED SMALL BUSINESS THAT HAS BEEN

CERTIFIED BY A THIRD-PARTY CERTIFYING ORGANIZATION.

"MINORITY-OWNED BUSINESS." AS DEFINED IN 74 PA.C.S. §

303(B).

"SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS." AS DEFINED

IN 51 PA.C.S. § 9601 (RELATING TO DEFINITIONS).

"THIRD-PARTY CERTIFYING ORGANIZATION." AS DEFINED IN 74

PA.C.S. § 303(B).

"VETERAN-OWNED SMALL BUSINESS." AS DEFINED IN 51 PA.C.S. §

9601.

"WOMEN-OWNED BUSINESS." AS DEFINED IN 74 PA.C.S. § 303(B).

CHAPTER 9

TAX ON MEDICAL MARIJUANA

SECTION 901. TAX ON MEDICAL MARIJUANA.

(A) TAX IMPOSED.--A TAX IS IMPOSED ON THE GROSS RECEIPTS OF

A GROWER/PROCESSOR RECEIVED FROM THE SALE OF MEDICAL MARIJUANA

BY A GROWER/PROCESSOR TO A DISPENSARY, TO BE PAID BY THE

GROWER/PROCESSOR, AT THE RATE OF 5%. THE TAX SHALL BE CHARGED

AGAINST AND BE PAID BY THE GROWER/PROCESSOR AND SHALL NOT BE

ADDED AS A SEPARATE CHARGE OR LINE ITEM ON ANY SALES SLIP,

INVOICE, RECEIPT OR OTHER STATEMENT OR MEMORANDUM OF THE PRICE

PAID BY A DISPENSARY, PATIENT OR CAREGIVER.

(B) PAYMENT OF TAX AND REPORTS.--THE TAX IMPOSED UNDER

SUBSECTION (A) SHALL BE ADMINISTERED IN THE SAME MANNER AS THE

TAX IMPOSED UNDER ARTICLE XI OF THE ACT OF MARCH 4, 1971 (P.L.6,

NO.2), KNOWN AS THE TAX REFORM CODE OF 1971, EXCEPT THAT

ESTIMATED TAX PAYMENTS UNDER SECTION 3003.2 OF THE TAX REFORM

CODE OF 1971 SHALL NOT BE REQUIRED. A GROWER/PROCESSOR SHALL

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MAKE QUARTERLY PAYMENTS UNDER THIS SECTION FOR EACH CALENDAR

QUARTER AT THE RATE PRESCRIBED IN SUBSECTION (A) ON THE GROSS

RECEIPTS FOR THE CALENDAR QUARTER. THE TAX SHALL BE DUE AND

PAYABLE ON THE 20TH DAY OF JANUARY, APRIL, JULY AND OCTOBER FOR

THE PRECEDING CALENDAR QUARTER ON A FORM PRESCRIBED BY THE

DEPARTMENT OF REVENUE.

(D) DEPOSIT OF PROCEEDS.--ALL MONEY RECEIVED FROM THE TAX

IMPOSED UNDER SUBSECTION (A) SHALL BE DEPOSITED IN THE FUND.

(E) EXEMPTION.--MEDICAL MARIJUANA SHALL NOT BE SUBJECT TO

THE TAX IMPOSED UNDER SECTION 202 OF THE TAX REFORM CODE OF

1971.

(F) INFORMATION.--A GROWER/PROCESSOR THAT SELLS MEDICAL

MARIJUANA SHALL PROVIDE TO THE DEPARTMENT OF REVENUE INFORMATION

REQUIRED BY THE DEPARTMENT.

SECTION 902. MEDICAL MARIJUANA PROGRAM FUND.

(A) FUND ESTABLISHED.--THE MEDICAL MARIJUANA PROGRAM FUND IS

ESTABLISHED AS A SPECIAL FUND IN THE STATE TREASURY. MONEY IN

THE FUND IS APPROPRIATED AS SET FORTH IN SUBSECTION (C). ANY

AMOUNT UNSPENT AT THE END OF A FISCAL YEAR SHALL BE APPROPRIATED

TO THE DEPARTMENT FOR ITS OPERATIONS.

(B) SOURCE OF FUNDS.--FEES AND TAXES PAYABLE UNDER THIS ACT

SHALL BE DEPOSITED INTO THE FUND. THE MONEY DEPOSITED INTO THE

FUND MAY ONLY BE USED FOR THE PURPOSES SET FORTH IN THIS

SECTION. ANY INTEREST ACCRUED SHALL BE DEPOSITED INTO THE FUND.

SUBSECTION (D), MONEY IN THE FUND IS APPROPRIATED IN ACCORDANCE

WITH THE FOLLOWING PERCENTAGES:

(1) TO THE DEPARTMENT, FOR OPERATIONS OF THE DEPARTMENT,

INCLUDING OUTREACH EFFORTS UNDER SECTION 301(7), AS REQUIRED

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BY THIS ACT, 45% OF THE REVENUE IN THE FUND. FIFTEEN PERCENT

OF THE AMOUNT UNDER THIS PARAGRAPH SHALL BE EXPENDED FOR:

(I) THE COST OF PROVIDING MEDICAL MARIJUANA TO

PATIENTS PARTICIPATING IN THE RESEARCH PROGRAM UNDER

CHAPTER 19;

(II) THE COST OF PROVIDING MEDICAL MARIJUANA TO

PATIENTS WHO DEMONSTRATE FINANCIAL HARDSHIP UNDER THIS

ACT; AND

(III) THE COST ASSOCIATED WITH THE WAIVER OF FEES

FOR IDENTIFICATION CARDS UNDER SECTIONS 505(E) AND 506(A)

(6).

(2) TO THE DEPARTMENT OF DRUG AND ALCOHOL PROGRAMS, FOR

DRUG ABUSE PREVENTION AND COUNSELING AND TREATMENT SERVICES,

10% OF THE REVENUE IN THE FUND.

(3) TO THE DEPARTMENT, FOR FURTHER RESEARCH RELATED TO

THE SAFETY AND USE OF MEDICAL MARIJUANA, INCLUDING THE

RESEARCH PROGRAM ESTABLISHED UNDER CHAPTER 19, 30% OF THE

REVENUE IN THE FUND. FUNDING SHALL BE PROVIDED FOR RESEARCH

INTO THE TREATMENT OF THOSE SERIOUS MEDICAL CONDITIONS FOR

WHICH MEDICAL MARIJUANA IS AVAILABLE FOR TREATMENT WITHIN

THIS COMMONWEALTH AND FOR RESEARCH INTO THE USE OF MEDICAL

MARIJUANA TO TREAT OTHER MEDICAL CONDITIONS FOR WHICH MEDICAL

MARIJUANA MAY HAVE LEGITIMATE MEDICINAL VALUE. HOWEVER, MONEY

IN THE FUND MAY NOT BE EXPENDED ON ACTIVITY UNDER CHAPTER 20.

(4) TO THE PENNSYLVANIA COMMISSION ON CRIME AND

DELINQUENCY, FOR DISTRIBUTION TO LOCAL POLICE DEPARTMENTS

WHICH DEMONSTRATE A NEED RELATING TO THE ENFORCEMENT OF THIS

ACT, AS DETERMINED BY THE PENNSYLVANIA COMMISSION ON CRIME

AND DELINQUENCY, 10% OF THE REVENUE IN THE FUND.

(5) TO THE PENNSYLVANIA STATE POLICE TO FULFILL ITS

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DUTIES UNDER THIS ACT, 5% OF THE REVENUE IN THE FUND.

(D) REPAYMENT OF INITIAL APPROPRIATION.--THE DEPARTMENT

SHALL REPAY FROM THE FEES, TAXES AND INVESTMENT EARNINGS OF THE

FUND TO THE GENERAL FUND ANY MONEY APPROPRIATED FOR THE INITIAL

PLANNING, ORGANIZATION AND ADMINISTRATION BY THE DEPARTMENT WITH

RESPECT TO THE ESTABLISHMENT OF THE PROGRAM AT THE TIME OF THE

ORIGINAL ENACTMENT OF THIS ACT. REPAYMENT SHALL TAKE PLACE

WITHIN A 10-YEAR PERIOD COMMENCING ONE YEAR AFTER THE DATE OF

PUBLICATION IN THE PENNSYLVANIA BULLETIN OF THE FINAL

REGULATIONS DESCRIBED UNDER SECTION 1107.

CHAPTER 11

ADMINISTRATION

SECTION 1101. GOVERNING PRACTICE AND PROCEDURE.

THE DEPARTMENT'S CONSIDERATION AND RESOLUTION OF ALL

APPLICATIONS FOR REGISTRATION UNDER CHAPTERS 7 AND 20, THE

RESOLUTION OF APPLICATIONS FOR IDENTIFICATION CARDS, THE FINDING

OF VIOLATIONS BY THE DEPARTMENT AND THE IMPOSITION OF CIVIL

PENALTIES AND SANCTIONS SHALL BE CONDUCTED IN ACCORDANCE WITH 2

PA.C.S. (RELATING TO ADMINISTRATIVE LAW AND PROCEDURE).

SECTION 1102. REPORTS BY MEDICAL MARIJUANA ORGANIZATIONS.

(A) REPORTS REQUIRED.--A MEDICAL MARIJUANA ORGANIZATION

SHALL REPORT TO THE DEPARTMENT AS FOLLOWS:

(1) A MEDICAL MARIJUANA ORGANIZATION SHALL PERIODICALLY

FILE REPORTS RELATED TO ITS ACTIVITIES. THE DEPARTMENT SHALL

DETERMINE THE INFORMATION REQUIRED IN AND THE FREQUENCY OF

FILING THE REPORTS.

(2) A MEDICAL MARIJUANA ORGANIZATION SHALL REPORT THE

FOLLOWING TO THE DEPARTMENT EVERY 60 DAYS:

(I) THE AMOUNT OF MEDICAL MARIJUANA SOLD.

(II) THE TOTAL DOLLAR VALUE OF MEDICAL MARIJUANA

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DISPENSED TO PATIENTS AND CAREGIVERS.

(III) THE AMOUNT OF MEDICAL MARIJUANA PURCHASED.

(IV) THE COST OF MEDICAL MARIJUANA TO EACH

DISPENSARY.

(B) TRACKING SYSTEMS.--EACH MEDICAL MARIJUANA ORGANIZATION

SHALL ADOPT AND MAINTAIN A 24-HOUR SECURITY, TRACKING,

RECORDKEEPING, RECORD RETENTION AND SURVEILLANCE SYSTEM RELATING

TO EVERY STAGE OF ACQUIRING, POSSESSING, GROWING, MANUFACTURING,

SELLING, DELIVERING, TRANSPORTING, DISTRIBUTING OR DISPENSING

MEDICAL MARIJUANA. THE DEPARTMENT SHALL SPECIFY THE TYPE AND

MANNER OF 24-HOUR SECURITY, TRACKING, RECORDKEEPING, RECORD

RETENTION AND SURVEILLANCE SYSTEM REQUIRED THROUGH REGULATION.

OTHER SYSTEMS REQUIRED BY SUBSECTION (B), THE DEPARTMENT SHALL

REQUIRE THAT A GROWER/PROCESSOR OR DISPENSER IMPLEMENT THE

FOLLOWING:

(1) FOR A GROWER/PROCESSOR AND A DISPENSARY, REAL TIME

INVENTORY TRACKING.

(2) FOR A GROWER/PROCESSOR, A SEED-TO-SALE TRACKING

SYSTEM THAT TRACKS MEDICAL MARIJUANA FROM SEED OR IMMATURE

PLANT STAGE UNTIL THE MEDICAL MARIJUANA IS SOLD TO A

DISPENSARY.

(3) FOR A DISPENSARY, A SYSTEM THAT TRACKS MEDICAL

MARIJUANA FROM PURCHASE FROM THE GROWER/PROCESSOR UNTIL THE

MEDICAL MARIJUANA IS DISPENSED TO A PATIENT OR CAREGIVER.

(4) FOR A GROWER/PROCESSOR AND A DISPENSARY, A DAILY LOG

OF EACH DAY'S BEGINNING INVENTORY, ACQUISITIONS, SALES,

DISBURSEMENTS, DISPOSALS AND ENDING INVENTORY.

(5) FOR A GROWER/PROCESSOR AND A DISPENSARY, A SYSTEM

FOR RECALL OF DEFECTIVE MEDICAL MARIJUANA.

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(6) FOR A GROWER/PROCESSOR, A SYSTEM TO TRACK THE PLANT

WASTE RESULTING FROM THE GROWTH OR PROCESSING OF MEDICAL

MARIJUANA.

SECTION 1103. LAW ENFORCEMENT NOTIFICATION.

NOTWITHSTANDING ANY LAW TO THE CONTRARY, THE DEPARTMENT MAY

NOTIFY ANY APPROPRIATE LAW ENFORCEMENT AGENCY OF INFORMATION

RELATING TO ANY VIOLATION OR SUSPECTED VIOLATION OF THIS ACT.

IN ADDITION, THE DEPARTMENT SHALL VERIFY TO LAW ENFORCEMENT

PERSONNEL IN AN APPROPRIATE CASE WHETHER A CERTIFICATION,

REGISTRATION OR AN IDENTIFICATION CARD IS VALID.

SECTION 1104. EVALUATION.

THE DEPARTMENT MAY PROVIDE FOR AN ANALYSIS AND EVALUATION OF

THE IMPLEMENTATION AND EFFECTIVENESS OF THIS ACT, INCLUDING

WHETHER THE INTENT AND STATED POLICY OF THE GENERAL ASSEMBLY

HAVE BEEN ACHIEVED. THE DEPARTMENT MAY ENTER INTO AGREEMENTS

WITH ONE OR MORE PERSONS FOR THE PERFORMANCE OF AN EVALUATION OF

THE IMPLEMENTATION AND EFFECTIVENESS OF THIS ACT.

SECTION 1105. REPORT.

(A) REPORT REQUIRED.--THE DEPARTMENT SHALL SUBMIT A WRITTEN

REPORT UNDER SUBSECTION (B) EVERY TWO YEARS, BEGINNING TWO YEARS

AFTER THE EFFECTIVE DATE OF THIS SECTION, TO THE FOLLOWING:

(1) THE GOVERNOR.

(2) THE PRESIDENT PRO TEMPORE OF THE SENATE.

(3) THE MAJORITY LEADER AND THE MINORITY LEADER OF THE

SENATE.

(4) THE SPEAKER OF THE HOUSE OF REPRESENTATIVES.

(5) THE MAJORITY LEADER AND THE MINORITY LEADER OF THE

HOUSE OF REPRESENTATIVES.

(6) THE CHAIRMAN AND MINORITY CHAIRMAN OF THE JUDICIARY

COMMITTEE OF THE SENATE.

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(7) THE CHAIRMAN AND MINORITY CHAIRMAN OF THE PUBLIC

HEALTH AND WELFARE COMMITTEE OF THE SENATE.

(8) THE CHAIRMAN AND MINORITY CHAIRMAN OF THE JUDICIARY

COMMITTEE OF THE HOUSE OF REPRESENTATIVES.

(9) THE CHAIRMAN AND MINORITY CHAIRMAN OF THE HEALTH

COMMITTEE OF THE HOUSE OF REPRESENTATIVES.

(10) THE ATTORNEY GENERAL OF THE COMMONWEALTH.

(B) CONTENTS OF REPORT.--THE FOLLOWING INFORMATION SHALL BE

INCLUDED IN THE REPORT:

(1) AN ASSESSMENT OF THE USE OF MEDICAL MARIJUANA AS A

RESULT OF THE ENACTMENT OF THIS ACT.

(2) AN ASSESSMENT OF THE BENEFITS AND RISKS TO PATIENTS

USING MEDICAL MARIJUANA UNDER THIS ACT, INCLUDING ADVERSE

EVENTS.

(3) RECOMMENDATIONS FOR AMENDMENTS TO THIS ACT FOR

REASONS OF PATIENT SAFETY OR TO AID THE GENERAL WELFARE OF

THE CITIZENS OF THIS COMMONWEALTH.

SECTION 1106. ADVISORY BOARD.

(A) ESTABLISHMENT.--THE MEDICAL MARIJUANA ADVISORY BOARD IS

ESTABLISHED WITHIN THE DEPARTMENT. THE ADVISORY BOARD SHALL

CONSIST OF THE FOLLOWING MEMBERS:

(1) THE SECRETARY OR A DESIGNEE.

(2) THE COMMISSIONER OF THE PENNSYLVANIA STATE POLICE OR

A DESIGNEE.

(3) THE CHAIRMAN OF THE STATE BOARD OF PHARMACY OR A

DESIGNEE.

(4) THE COMMISSIONER OF PROFESSIONAL AND OCCUPATIONAL

AFFAIRS OR A DESIGNEE.

(5) THE PHYSICIAN GENERAL OR A DESIGNEE.

(6) THE PRESIDENT OF THE PENNSYLVANIA CHIEFS OF POLICE

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ASSOCIATION OR A DESIGNEE.

(7) THE PRESIDENT OF THE PENNSYLVANIA DISTRICT ATTORNEYS

ASSOCIATION OR A DESIGNEE.

(8) ONE MEMBER TO BE APPOINTED BY EACH OF THE FOLLOWING,

WHICH MEMBERS SHALL BE KNOWLEDGEABLE AND EXPERIENCED IN

ISSUES RELATING TO CARE AND TREATMENT OF INDIVIDUALS WITH A

SERIOUS MEDICAL CONDITION, GERIATRIC OR PEDIATRIC MEDICINE OR

CLINICAL RESEARCH:

(I) THE GOVERNOR.

(II) THE PRESIDENT PRO TEMPORE OF THE SENATE.

(III) THE MAJORITY LEADER OF THE SENATE.

(IV) THE MINORITY LEADER OF THE SENATE.

(V) THE SPEAKER OF THE HOUSE OF REPRESENTATIVES.

(VI) THE MAJORITY LEADER OF THE HOUSE OF

REPRESENTATIVES.

(VII) THE MINORITY LEADER OF THE HOUSE OF

REPRESENTATIVES.

(9) ONE MEMBER APPOINTED BY THE GOVERNOR, WHO SHALL BE A

PATIENT, A FAMILY OR HOUSEHOLD MEMBER OF A PATIENT OR A

PATIENT ADVOCATE.

(B) TERMS.--EXCEPT AS PROVIDED UNDER SUBSECTION (G), THE

MEMBERS APPOINTED UNDER SUBSECTION (A)(8) AND (9) SHALL SERVE A

TERM OF FOUR YEARS OR UNTIL A SUCCESSOR HAS BEEN APPOINTED AND

QUALIFIED, BUT NO LONGER THAN SIX MONTHS BEYOND THE FOUR-YEAR

PERIOD.

CHAIR OF THE ADVISORY BOARD.

(D) VOTING; QUORUM.--THE MEMBERS UNDER SUBSECTIONS (1), (2),

(3), (4), (5), (6) AND (7) SHALL SERVE EX OFFICIO AND SHALL HAVE

VOTING RIGHTS. A MAJORITY OF THE MEMBERS SHALL CONSTITUTE A

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QUORUM FOR THE PURPOSE OF ORGANIZING THE ADVISORY BOARD,

CONDUCTING ITS BUSINESS AND FULFILLING ITS DUTIES. A VOTE OF THE

MAJORITY OF THE MEMBERS PRESENT SHALL BE SUFFICIENT FOR ALL

ACTIONS OF THE ADVISORY BOARD UNLESS THE BYLAWS REQUIRE A

GREATER NUMBER.

(E) ATTENDANCE.--A MEMBER OF THE ADVISORY BOARD APPOINTED

UNDER SUBSECTION (A)(8) OR (9) WHO FAILS TO ATTEND THREE

CONSECUTIVE MEETINGS SHALL FORFEIT HIS SEAT UNLESS THE

SECRETARY, UPON WRITTEN REQUEST FROM THE MEMBER, FINDS THAT THE

MEMBER SHOULD BE EXCUSED FROM A MEETING FOR GOOD CAUSE. A MEMBER

WHO CANNOT BE PHYSICALLY PRESENT MAY ATTEND MEETINGS VIA

ELECTRONIC MEANS, INCLUDING VIDEO CONFERENCE.

(F) GOVERNANCE.--THE ADVISORY BOARD SHALL HAVE THE POWER TO

PRESCRIBE, AMEND AND REPEAL BYLAWS, RULES AND REGULATIONS

GOVERNING THE MANNER IN WHICH THE BUSINESS OF THE ADVISORY BOARD

IS CONDUCTED AND THE MANNER IN WHICH THE DUTIES GRANTED TO IT

ARE FULFILLED. THE ADVISORY BOARD MAY DELEGATE SUPERVISION OF

THE ADMINISTRATION OF ADVISORY BOARD ACTIVITIES TO AN

ADMINISTRATIVE SECRETARY AND OTHER EMPLOYEES OF THE DEPARTMENT

AS THE SECRETARY SHALL APPOINT.

(G) INITIAL TERMS.--THE INITIAL TERMS OF MEMBERS APPOINTED

UNDER SUBSECTION (A)(8) AND (9) SHALL BE FOR TERMS OF ONE, TWO,

THREE OR FOUR YEARS, THE PARTICULAR TERM OF EACH MEMBER TO BE

DESIGNATED BY THE SECRETARY AT THE TIME OF APPOINTMENT. ALL

OTHER MEMBERS SHALL SERVE FOR A TERM OF FOUR YEARS.

(H) VACANCY.--IN THE EVENT THAT ANY MEMBER APPOINTED UNDER

SUBSECTION (A)(8) OR (9) SHALL DIE OR RESIGN OR OTHERWISE BECOME

DISQUALIFIED DURING THE MEMBER'S TERM OF OFFICE, A SUCCESSOR

SHALL BE APPOINTED IN THE SAME WAY AND WITH THE SAME

QUALIFICATIONS AS SET FORTH IN THIS SECTION AND SHALL HOLD

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OFFICE FOR THE UNEXPIRED TERM. AN APPOINTED MEMBER OF THE

ADVISORY BOARD SHALL BE ELIGIBLE FOR REAPPOINTMENT.

(I) EXPENSES.--A MEMBER APPOINTED UNDER SUBSECTION (A)(8) OR

(9) SHALL RECEIVE THE AMOUNT OF REASONABLE TRAVEL, HOTEL AND

OTHER NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF THE

DUTIES OF THE MEMBER IN ACCORDANCE WITH COMMONWEALTH

REGULATIONS, BUT SHALL RECEIVE NO OTHER COMPENSATION FOR THE

MEMBER'S SERVICE ON THE BOARD.

(J) DUTIES.--THE ADVISORY BOARD SHALL HAVE THE FOLLOWING

DUTIES:

(1) TO EXAMINE AND ANALYZE THE STATUTORY AND REGULATORY

LAW RELATING TO MEDICAL MARIJUANA WITHIN THIS COMMONWEALTH.

(2) TO EXAMINE AND ANALYZE THE LAW AND EVENTS IN OTHER

STATES AND THE NATION WITH RESPECT TO MEDICAL MARIJUANA.

(3) TO ACCEPT AND REVIEW WRITTEN COMMENTS FROM

INDIVIDUALS AND ORGANIZATIONS ABOUT MEDICAL MARIJUANA.

(4) TO ISSUE TWO YEARS AFTER THE EFFECTIVE DATE OF THIS

SECTION A WRITTEN REPORT TO THE GOVERNOR, THE SENATE AND THE

HOUSE OF REPRESENTATIVES.

(5) THE WRITTEN REPORT UNDER PARAGRAPH (4) SHALL INCLUDE

RECOMMENDATIONS AND FINDINGS AS TO THE FOLLOWING:

(I) WHETHER TO CHANGE THE TYPES OF MEDICAL

PROFESSIONALS WHO CAN ISSUE CERTIFICATIONS TO PATIENTS.

(II) WHETHER TO CHANGE, ADD OR REDUCE THE TYPES OF

MEDICAL CONDITIONS WHICH QUALIFY AS SERIOUS MEDICAL

CONDITIONS UNDER THIS ACT.

(III) WHETHER TO CHANGE, ADD OR REDUCE THE FORM AND

MANNER OF CONSUMPTION OF MEDICAL MARIJUANA PERMITTED

UNDER THIS ACT.

(IV) WHETHER TO CHANGE, ADD OR REDUCE THE NUMBER OF

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GROWERS/PROCESSORS OR DISPENSARIES.

(V) HOW TO ENSURE AFFORDABLE PATIENT ACCESS TO

MEDICAL MARIJUANA, INCLUDING WHETHER THE DEPARTMENT

SHOULD SET A MAXIMUM PER-DOSE PRICE FOR MEDICAL

MARIJUANA.

(VI) WHETHER TO PERMIT MEDICAL MARIJUANA TO BE

DISPENSED IN DRY LEAF OR PLANT FORM, FOR ADMINISTRATION

BY VAPORIZATION.

(6) THE FINAL WRITTEN REPORT UNDER THIS SECTION SHALL BE

ADOPTED AT A PUBLIC MEETING. THE REPORT SHALL BE A PUBLIC

RECORD UNDER THE ACT OF FEBRUARY 14, 2008 (P.L.6, NO.3),

KNOWN AS THE RIGHT-TO-KNOW LAW.

SECTION 1107. REGULATIONS.

IN ORDER TO IMPLEMENT THE PROVISIONS OF THIS ACT, THE

DEPARTMENT SHALL PROMULGATE REGULATIONS WITHIN 18 MONTHS OF THE

EFFECTIVE DATE OF THIS SECTION. THE REGULATIONS SHALL PROVIDE

FOR THE FOLLOWING:

(1) RESTRICTING THE ADVERTISING AND MARKETING OF MEDICAL

MARIJUANA, WHICH SHALL BE CONSISTENT WITH THE FEDERAL

REGULATIONS GOVERNING PRESCRIPTION DRUG ADVERTISING AND

MARKETING.

(2) GROWING OF MEDICAL MARIJUANA BY GROWER/PROCESSORS IN

AN INDOOR, ENCLOSED FACILITY. THE REGULATIONS SHALL ALSO

SPECIFY THE MANNER AND METHOD OF GROWING MEDICAL MARIJUANA.

(3) THE PROCEDURE FOR CERTIFICATION OF PATIENTS.

(4) A PROCEDURE FOR REVIEW AND APPROVAL OF

CERTIFICATIONS SUBMITTED BY PRACTITIONERS.

(5) A PROCEDURE TO REVIEW THE CREDENTIALS OF

PRACTITIONERS WHO SUBMIT CERTIFICATIONS.

(6) A PROCEDURE TO REVIEW AND APPROVE APPLICATIONS FOR

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IDENTIFICATION CARDS.

(7) A PROCEDURE TO REVIEW AND APPROVE APPLICATIONS TO

BECOME REGISTERED WITH THE DEPARTMENT AS A MEDICAL MARIJUANA

ORGANIZATION.

(8) A PROCEDURE TO RENEW THE REGISTRATION OF A MEDICAL

MARIJUANA ORGANIZATION.

(9) THE SETTING OF A MAXIMUM PER-DOSE PRICE FOR MEDICAL

MARIJUANA BY A DISPENSARY.

(10) ADDITIONAL INFORMATION REQUIRED BY THE DEPARTMENT

FOR CERTIFICATION OF PATIENTS AND APPLICATIONS TO BECOME

REGISTERED AS A MEDICAL MARIJUANA ORGANIZATION.

(11) THE PROCEDURE FOR WAIVING OR REDUCING APPLICATION

FEES TO BE PAID BY PATIENTS AND CAREGIVERS IN THE CASE OF

FINANCIAL HARDSHIP.

(12) ADDITIONAL REQUIREMENTS OF IDENTIFICATION CARDS FOR

PATIENTS OR CAREGIVERS.

(13) THE METHOD OF TRANSPORTING, DELIVERING, GROWING,

PROCESSING AND SELLING MEDICAL MARIJUANA BY A

GROWER/PROCESSOR AND THE METHOD OF DISPENSING OF MEDICAL

MARIJUANA BY A DISPENSARY, INCLUDING THE TYPES OF MEDICAL

DEVICES, INSTRUMENTS AND SERVICES, WHICH MAY BE SOLD BY A

DISPENSARY.

(14) THE METHOD FOR MAINTAINING EFFECTIVE SECURITY AND

CONTROL TO PREVENT DIVERSION AND ABUSE OF MEDICAL MARIJUANA

BY A MEDICAL MARIJUANA ORGANIZATION, INCLUDING SPECIFYING THE

REQUIREMENTS OF THE TRACKING SYSTEM REQUIRED BY SECTION

1102(B) AND (C).

(15) THE CONTENTS AND TIMING OF REPORTS WHICH MUST BE

FILED WITH THE DEPARTMENT BY MEDICAL MARIJUANA ORGANIZATIONS.

(16) THE PROPER DISPOSAL OF ELECTRONIC INFORMATION BY

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MEDICAL MARIJUANA ORGANIZATIONS.

(17) INFORMATION REQUIRED FOR LABELING OF MEDICAL

MARIJUANA BY MEDICAL MARIJUANA ORGANIZATIONS.

(18) THE PROCEDURE FOR PRACTITIONERS REGISTERING WITH

THE DEPARTMENT.

(19) THE FREQUENCY OF FILING REPORTS BY MEDICAL

MARIJUANA ORGANIZATIONS.

(20) THE CRITERIA FOR DESIGNATING AN APPROPRIATE

INDIVIDUAL TO BE A CAREGIVER FOR A PATIENT UNDER 18 YEARS OF

AGE.

(21) THE PROCEDURE FOR OBTAINING PHOTOGRAPHS FOR

IDENTIFICATION CARDS.

(22) THE PROCEDURE FOR REPORTING RESULTS OF LABORATORY

TESTING OF MEDICAL MARIJUANA.

(23) THE PROCEDURE FOR APPROVING LABORATORIES THAT SEEK

TO TEST MEDICAL MARIJUANA.

(24) THE CONTENTS OF THE SAFETY INSERT.

(25) THE PROCEDURE FOR FILING RECEIPTS GENERATED BY

DISPENSARIES WITH THE DEPARTMENT.

(26) A SCHEDULE FOR INSPECTIONS BY THE DEPARTMENT OF THE

FACILITIES FOR GROWING, PROCESSING, DISPENSING OR SELLING

MEDICAL MARIJUANA, OR OF THE BOOKS, PAPERS AND TRACKING

SYSTEMS OF MEDICAL MARIJUANA ORGANIZATIONS REQUIRED BY THIS

ACT.

(27) REGULATIONS THAT THE DEPARTMENT MUST PROMULGATE

UNDER SECTION 1903(A), A PROCEDURE TO SELECT PATIENTS FOR THE

RESEARCH STUDY AND ANY OTHER REGULATION THE DEPARTMENT DEEMS

NECESSARY TO IMPLEMENT THE RESEARCH PROGRAM UNDER CHAPTER 19.

(28) REGULATIONS WHICH ENSURE A GROWER/PROCESSOR ONLY

PROVIDES MEDICAL MARIJUANA TO A DISPENSARY HOLDING A VALID

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REGISTRATION AND WHICH ENSURE THAT A DISPENSARY ONLY PROCURES

MEDICAL MARIJUANA FROM A GROWER/PROCESSOR HOLDING A VALID

REGISTRATION, AS SET FORTH IN SECTION 707(6) AND (7).

(29) THE DETERMINATION OF THE MINIMUM NUMBER AND THE

TYPES OF MEDICAL MARIJUANA TO BE PRODUCED BY A

GROWER/PROCESSOR AND DISPENSED BY A DISPENSARY.

(30) REGULATIONS WHICH SET FORTH THE PROCEDURE FOR A

GROWER/PROCESSOR TO OBTAIN SEED FROM OUTSIDE THIS

COMMONWEALTH TO INITIALLY GROW MEDICAL MARIJUANA.

(31) REGULATIONS WHICH SET FORTH THE PROCEDURE FOR A

GROWER/PROCESSOR TO OBTAIN SEED AND PLANT MATERIAL FROM

ANOTHER GROWER/PROCESSOR WITHIN THIS COMMONWEALTH TO GROW

MEDICAL MARIJUANA.

(32) REGULATIONS NECESSARY TO IMPLEMENT CHAPTER 20.

(33) ANY OTHER REGULATION NECESSARY TO IMPLEMENT THIS

ACT, AS DETERMINED BY THE DEPARTMENT.

SECTION 1108. REGULATIONS BASED ON RECOMMENDATIONS OF ADVISORY

BOARD.

(A) RECOMMENDATIONS.--AFTER RECEIVING THE REPORT OF THE

ADVISORY BOARD UNDER SECTION 1106(J)(4), AT THE DISCRETION OF

THE SECRETARY, THE DEPARTMENT MAY PROMULGATE REGULATIONS TO

EFFECTUATE RECOMMENDATIONS MADE BY THE ADVISORY BOARD. THE

SECRETARY SHALL ISSUE NOTICE IN THE PENNSYLVANIA BULLETIN WITHIN

12 MONTHS OF THE RECEIPT OF THE REPORT OF THE ADVISORY BOARD.

THE NOTICE SHALL INCLUDE THE RECOMMENDATIONS OF THE ADVISORY

BOARD AND SHALL STATE THE SPECIFIC REASONS FOR THE DECISION OF

THE SECRETARY ON WHETHER OR NOT TO EFFECTUATE EACH

RECOMMENDATION. THE SECRETARY SHALL CONSIDER WHETHER TO

PROMULGATE REGULATIONS WITH RESPECT TO:

(1) WHETHER TO CHANGE THE TYPES OF MEDICAL PROFESSIONALS

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WHO CAN ISSUE CERTIFICATIONS TO PATIENTS WITH RESPECT TO THE

USE OF MEDICAL MARIJUANA UNDER THIS ACT.

(2) WHETHER TO CHANGE, ADD OR REDUCE THE TYPES OF

MEDICAL CONDITIONS WHICH QUALIFY AS SERIOUS MEDICAL

CONDITIONS UNDER THIS ACT.

(3) WHETHER TO CHANGE, ADD OR REDUCE THE FORM AND MANNER

OF CONSUMPTION OF MEDICAL MARIJUANA PERMITTED UNDER THIS ACT.

(4) WHETHER TO CHANGE, ADD OR REDUCE THE NUMBER OF

GROWERS/PROCESSORS OR DISPENSARIES.

(5) WHETHER TO PERMIT MEDICAL MARIJUANA TO BE DISPENSED

IN DRY LEAF OR PLANT FORM FOR ADMINISTRATION BY VAPORIZATION.

(B) TIMING.--ANY REGULATIONS PROMULGATED UNDER THIS SECTION

SHALL BE PROMULGATED WITHIN 12 MONTHS OF THE RECEIPT OF THE

REPORT OF THE ADVISORY BOARD.

SECTION 1109. TEMPORARY REGULATIONS.

(A) PROMULGATION.--IN ORDER TO FACILITATE THE PROMPT

IMPLEMENTATION OF THIS ACT, REGULATIONS PROMULGATED BY THE

DEPARTMENT SHALL BE DEEMED TEMPORARY REGULATIONS WHICH SHALL

EXPIRE NOT LATER THAN 18 MONTHS FOLLOWING THE PUBLICATION OF THE

TEMPORARY REGULATION. THE DEPARTMENT MAY PROMULGATE TEMPORARY

REGULATIONS NOT SUBJECT TO:

(1) SECTIONS 201, 202, 203, 204 AND 205 OF THE ACT OF

JULY 31, 1968 (P.L.769, NO.240), REFERRED TO AS THE

COMMONWEALTH DOCUMENTS LAW.

(2) THE ACT OF JUNE 25, 1982 (P.L.633, NO.181), KNOWN AS

THE REGULATORY REVIEW ACT.

(3) SECTIONS 204(B) AND 301(10) OF THE ACT OF OCTOBER

15, 1980 (P.L.950, NO.164), KNOWN AS THE COMMONWEALTH

ATTORNEYS ACT.

(B) EXPIRATION.--THE DEPARTMENT'S AUTHORITY TO ADOPT

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TEMPORARY REGULATIONS UNDER SUBSECTION (A) SHALL EXPIRE 18

MONTHS AFTER THE EFFECTIVE DATE OF THIS SECTION. REGULATIONS

ADOPTED AFTER THIS PERIOD SHALL BE PROMULGATED AS PROVIDED BY

LAW.

PUBLISHING TEMPORARY REGULATIONS IN THE PENNSYLVANIA BULLETIN NO

LATER THAN SIX MONTHS FROM THE EFFECTIVE DATE OF THIS SECTION.

CHAPTER 13

OFFENSES RELATED TO MEDICAL MARIJUANA

SECTION 1301. CRIMINAL DIVERSION OF MEDICAL MARIJUANA BY

PRACTITIONERS.

IN ADDITION TO ANY OTHER PENALTY PROVIDED BY LAW, A

PRACTITIONER COMMITS A MISDEMEANOR OF THE FIRST DEGREE IF THE

PRACTITIONER INTENTIONALLY, KNOWINGLY OR RECKLESSLY CERTIFIES A

PERSON AS BEING ABLE TO LAWFULLY RECEIVE MEDICAL MARIJUANA OR

OTHERWISE PROVIDES MEDICAL MARIJUANA TO A PERSON WHO IS NOT

LAWFULLY PERMITTED TO RECEIVE MEDICAL MARIJUANA.

SECTION 1302. CRIMINAL DIVERSION OF MEDICAL MARIJUANA BY

MEDICAL MARIJUANA ORGANIZATIONS.

IN ADDITION TO ANY OTHER PENALTY PROVIDED BY LAW, AN EMPLOYEE

OR PRINCIPAL OF A MEDICAL MARIJUANA ORGANIZATION, INCLUDING AN

EMPLOYEE OR PRINCIPAL OF A CLINICAL REGISTRANT UNDER CHAPTER 20,

COMMITS A MISDEMEANOR OF THE FIRST DEGREE IF THE PERSON

INTENTIONALLY, KNOWINGLY OR RECKLESSLY SELLS, DISPENSES, TRADES,

DELIVERS OR OTHERWISE PROVIDES MEDICAL MARIJUANA TO A PERSON WHO

IS NOT LAWFULLY PERMITTED TO RECEIVE MEDICAL MARIJUANA.

SECTION 1303. CRIMINAL RETENTION OF MEDICAL MARIJUANA.

IN ADDITION TO ANY OTHER PENALTY PROVIDED BY LAW, A PATIENT

OR CAREGIVER COMMITS A MISDEMEANOR OF THE THIRD DEGREE IF THE

PATIENT OR CAREGIVER INTENTIONALLY, KNOWINGLY OR RECKLESSLY

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POSSESSES, STORES OR MAINTAINS AN AMOUNT OF MEDICAL MARIJUANA IN

EXCESS OF THE AMOUNT LEGALLY PERMITTED.

SECTION 1304. CRIMINAL DIVERSION OF MEDICAL MARIJUANA BY

PATIENT OR CAREGIVER.

(A) OFFENSE DEFINED.--IN ADDITION TO ANY OTHER PENALTY

PROVIDED BY LAW, A PATIENT OR CAREGIVER COMMITS AN OFFENSE IF

THE PATIENT OR CAREGIVER INTENTIONALLY, KNOWINGLY OR RECKLESSLY

PROVIDES MEDICAL MARIJUANA TO A PERSON WHO IS NOT LAWFULLY

PERMITTED TO RECEIVE MEDICAL MARIJUANA.

(B) GRADING.--A FIRST OFFENSE UNDER THIS SECTION CONSTITUTES

A MISDEMEANOR OF THE SECOND DEGREE. A SECOND OR SUBSEQUENT

OFFENSE CONSTITUTES A MISDEMEANOR OF THE FIRST DEGREE.

SECTION 1305. FALSIFICATION OF IDENTIFICATION CARDS.

(A) OFFENSE DEFINED.--IN ADDITION TO ANY OTHER PENALTY

PROVIDED BY LAW, A PERSON COMMITS AN OFFENSE IF, KNOWING HE IS

NOT PRIVILEGED TO HOLD AN IDENTIFICATION CARD, THE PERSON:

(1) POSSESSES AN IDENTIFICATION CARD AND EITHER ATTEMPTS

TO USE THE CARD TO OBTAIN MEDICAL MARIJUANA OR OBTAINS

MEDICAL MARIJUANA;

(2) POSSESSES AN IDENTIFICATION CARD WHICH FALSELY

IDENTIFIES THE PERSON AS BEING LAWFULLY ENTITLED TO RECEIVE

MEDICAL MARIJUANA AND EITHER ATTEMPTS TO USE THE CARD TO

OBTAIN MEDICAL MARIJUANA OR OBTAINS MEDICAL MARIJUANA; OR

(3) POSSESSES AN IDENTIFICATION CARD WHICH CONTAINS ANY

FALSE INFORMATION ON THE CARD AND THE PERSON EITHER ATTEMPTS

TO USE THE CARD TO OBTAIN MEDICAL MARIJUANA OR OBTAINS

MEDICAL MARIJUANA.

(B) GRADING.--A FIRST OFFENSE UNDER THIS SECTION CONSTITUTES

A MISDEMEANOR OF THE SECOND DEGREE. A SECOND OR SUBSEQUENT

OFFENSE UNDER THIS SECTION CONSTITUTES A MISDEMEANOR OF THE

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FIRST DEGREE.

SECTION 1306. ADULTERATION OF MEDICAL MARIJUANA.

(A) GENERAL RULE.--IN ADDITION TO ANY OTHER PENALTY PROVIDED

BY LAW, A PERSON COMMITS AN OFFENSE IF THE PERSON ADULTERATES,

FORTIFIES, CONTAMINATES OR CHANGES THE CHARACTER OR PURITY OF

MEDICAL MARIJUANA FROM THAT SET FORTH ON THE PATIENT'S OR

CAREGIVER'S IDENTIFICATION CARD.

(B) GRADING.--A FIRST OFFENSE UNDER THIS SECTION CONSTITUTES

A MISDEMEANOR OF THE SECOND DEGREE. A SECOND OR SUBSEQUENT

OFFENSE UNDER THIS SECTION CONSTITUTES A MISDEMEANOR OF THE

FIRST DEGREE.

SECTION 1307. DISCLOSURE OF INFORMATION PROHIBITED.

(A) OFFENSE DEFINED.--IN ADDITION TO ANY OTHER PENALTY

PROVIDED BY LAW, AN EMPLOYEE OR PRINCIPAL OF A MEDICAL MARIJUANA

ORGANIZATION, INCLUDING AN EMPLOYEE OR PRINCIPAL OF A CLINICAL

REGISTRANT UNDER CHAPTER 20, OR AN EMPLOYEE OF THE DEPARTMENT

COMMITS A MISDEMEANOR OF THE THIRD DEGREE IF THE PERSON

DISCLOSES, EXCEPT TO AUTHORIZED PERSONS FOR OFFICIAL

GOVERNMENTAL OR HEALTH CARE PURPOSES, ANY INFORMATION RELATED TO

THE USE OF MEDICAL MARIJUANA.

(B) EXCEPTION.--SUBSECTION (A) SHALL NOT APPLY WHERE

DISCLOSURE IS PERMITTED OR REQUIRED BY LAW OR BY COURT ORDER.

SECTION 1308. ADDITIONAL PENALTIES.

(A) CRIMINAL PENALTIES.--IN ADDITION TO ANY OTHER PENALTY

PROVIDED BY LAW, A PRACTITIONER, CAREGIVER, PATIENT OR EMPLOYEE

OR PRINCIPAL OF ANY MEDICAL MARIJUANA ORGANIZATION, INCLUDING AN

EMPLOYEE OR PRINCIPAL OF A CLINICAL REGISTRANT UNDER CHAPTER 20,

WHO VIOLATES ANY OF THE PROVISIONS OF THIS ACT, OTHER THAN THOSE

SPECIFIED IN SECTION 1301, 1302, 1303, 1304, 1305, 1306 OR 1307,

OR ANY REGULATION PROMULGATED UNDER THIS ACT:

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(1) FOR A FIRST OFFENSE, COMMITS A MISDEMEANOR OF THE

THIRD DEGREE AND SHALL, UPON CONVICTION, BE SENTENCED TO PAY

A FINE OF NOT MORE THAN $5,000, OR TO IMPRISONMENT FOR NOT

MORE THAN SIX MONTHS.

(2) FOR A SECOND OR SUBSEQUENT OFFENSE, COMMITS A

MISDEMEANOR OF THE THIRD DEGREE AND SHALL, UPON CONVICTION,

BE SENTENCED TO PAY A FINE OF NOT MORE THAN $10,000, OR TO

IMPRISONMENT FOR NOT LESS THAN SIX MONTHS OR MORE THAN ONE

YEAR, OR BOTH.

(B) CIVIL PENALTIES.--IN ADDITION TO ANY OTHER REMEDY

AVAILABLE TO THE DEPARTMENT, THE DEPARTMENT MAY ASSESS A CIVIL

PENALTY FOR A VIOLATION OF THIS ACT, A REGULATION PROMULGATED

UNDER THIS ACT OR AN ORDER ISSUED UNDER THIS ACT OR REGULATION

AS PROVIDED IN THIS SUBSECTION. THE FOLLOWING SHALL APPLY:

(1) THE DEPARTMENT MAY ASSESS A PENALTY OF NOT MORE THAN

$10,000 FOR EACH VIOLATION AND AN ADDITIONAL PENALTY OF NOT

MORE THAN $1,000 FOR EACH DAY OF A CONTINUING VIOLATION. IN

DETERMINING THE AMOUNT OF EACH PENALTY, THE DEPARTMENT SHALL

TAKE THE FOLLOWING FACTORS INTO CONSIDERATION:

(I) THE GRAVITY OF THE VIOLATION.

(II) THE POTENTIAL HARM RESULTING FROM THE VIOLATION TO

PATIENTS, CAREGIVERS OR THE GENERAL PUBLIC.

(III) THE WILLFULNESS OF THE VIOLATION.

(IV) PREVIOUS VIOLATIONS, IF ANY, BY THE PERSON BEING

ASSESSED.

(V) THE ECONOMIC BENEFIT TO THE PERSON BEING ASSESSED

FOR FAILING TO COMPLY WITH THE REQUIREMENTS OF THIS ACT, A

REGULATION PROMULGATED UNDER THIS ACT OR AN ORDER ISSUED

UNDER THIS ACT OR REGULATION.

(2) IF THE DEPARTMENT FINDS THAT THE VIOLATION DID NOT

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THREATEN THE SAFETY OR HEALTH OF A PATIENT, CAREGIVER OR THE

GENERAL PUBLIC AND THE VIOLATOR TOOK IMMEDIATE ACTION TO

REMEDY THE VIOLATION UPON LEARNING OF IT, THE DEPARTMENT MAY

ISSUE A WRITTEN WARNING IN LIEU OF ASSESSING A CIVIL PENALTY.

(3) A PERSON WHO AIDS, ABETS, COUNSELS, INDUCES,

PROCURES OR CAUSES ANOTHER PERSON TO VIOLATE THIS ACT, A

REGULATION PROMULGATED UNDER THIS ACT OR AN ORDER ISSUED

UNDER THIS ACT OR REGULATION SHALL BE SUBJECT TO THE CIVIL

PENALTIES PROVIDED UNDER THIS SUBSECTION.

(1) IN ADDITION TO THE PENALTIES PROVIDED IN SUBSECTION

(B) AND ANY OTHER PENALTY AUTHORIZED BY LAW, THE DEPARTMENT

MAY IMPOSE THE FOLLOWING SANCTIONS:

(I) REVOKE OR SUSPEND THE REGISTRATION OF A PERSON

FOUND TO BE IN VIOLATION OF THIS ACT, A REGULATION

PROMULGATED UNDER THIS ACT OR AN ORDER ISSUED UNDER THIS

ACT OR REGULATION.

(II) REVOKE OR SUSPEND THE REGISTRATION OF A PERSON

FOR CONDUCT, ACTIVITY OR THE OCCURRENCE OF AN EVENT THAT

WOULD HAVE DISQUALIFIED THE PERSON FROM RECEIVING THE

REGISTRATION.

(III) REVOKE OR SUSPEND THE REGISTRATION OF A PERSON

FOR WILLFULLY AND KNOWINGLY VIOLATING OR ATTEMPTING TO

VIOLATE AN ORDER OF THE DEPARTMENT DIRECTED TO THE

PERSON.

(IV) SUSPEND A REGISTRATION OF A PERSON PENDING THE

OUTCOME OF A HEARING IN A CASE IN WHICH THE REGISTRATION

COULD BE REVOKED.

(V) ORDER RESTITUTION OF FUNDS OR PROPERTY

UNLAWFULLY OBTAINED OR RETAINED BY A REGISTRANT.

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(VI) ISSUE A CEASE AND DESIST ORDER.

(2) A PERSON WHO AIDS, ABETS, COUNSELS, INDUCES,

PROCURES OR CAUSES ANOTHER PERSON TO VIOLATE THIS ACT SHALL

BE SUBJECT TO THE SANCTIONS PROVIDED UNDER THIS SUBSECTION.

(D) COSTS OF ACTION.--THE DEPARTMENT MAY ASSESS AGAINST A

PERSON DETERMINED TO BE IN VIOLATION OF THIS ACT THE COSTS OF

INVESTIGATION OF THE VIOLATION.

(E) MINOR VIOLATIONS.--NOTHING IN THIS SECTION SHALL BE

CONSTRUED TO REQUIRE THE ASSESSMENT OF A CIVIL PENALTY OR THE

IMPOSITION OF A SANCTION FOR A MINOR VIOLATION OF THIS ACT IF

THE DEPARTMENT DETERMINES THAT THE PUBLIC INTEREST WILL BE

ADEQUATELY SERVED UNDER THE CIRCUMSTANCES BY THE ISSUANCE OF A

WRITTEN WARNING.

SECTION 1309. OTHER RESTRICTIONS.

THIS ACT DOES NOT PERMIT ANY PERSON TO ENGAGE IN AND DOES NOT

PREVENT THE IMPOSITION OF ANY CIVIL, CRIMINAL OR OTHER PENALTY

FOR THE FOLLOWING:

(1) UNDERTAKING ANY TASK UNDER THE INFLUENCE OF MEDICAL

MARIJUANA WHEN DOING SO WOULD CONSTITUTE NEGLIGENCE,

PROFESSIONAL MALPRACTICE OR PROFESSIONAL MISCONDUCT.

(2) POSSESSING OR USING MEDICAL MARIJUANA IN A STATE OR

COUNTY CORRECTIONAL FACILITY, INCLUDING A FACILITY OWNED OR

OPERATED OR UNDER CONTRACT WITH THE DEPARTMENT OF CORRECTIONS

OR THE COUNTY WHICH HOUSES INMATES SERVING A PORTION OF THEIR

SENTENCES ON PAROLE OR OTHER COMMUNITY CORRECTION PROGRAM.

NOTHING IN THIS PARAGRAPH SHALL BE CONSTRUED TO APPLY TO

EMPLOYEES OF THE FACILITIES SET FORTH IN THIS PARAGRAPH. THE

DEPARTMENT OF CORRECTIONS SHALL ADOPT A WRITTEN POLICY NO

LATER THAN 18 MONTHS FROM THE EFFECTIVE DATE OF THIS SECTION

REGARDING THE POSSESSION AND USE OF MEDICAL MARIJUANA BY

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EMPLOYEES IN STATE CORRECTIONAL FACILITIES. THE GOVERNING

AUTHORITY OF A COUNTY MAY ADOPT A RESOLUTION NO LATER THAN 18

MONTHS FROM THE EFFECTIVE DATE OF THIS SECTION REGARDING THE

POSSESSION AND USE OF MEDICAL MARIJUANA BY EMPLOYEES IN A

COUNTY CORRECTIONAL FACILITY.

(3) POSSESSING OR USING MEDICAL MARIJUANA IN A YOUTH

DETENTION CENTER OR OTHER FACILITY WHICH HOUSES CHILDREN

ADJUDICATED DELINQUENT, INCLUDING THE SEPARATE, SECURE STATE-

OWNED FACILITY OR UNIT UTILIZED FOR SEXUALLY VIOLENT

DELINQUENT CHILDREN UNDER 42 PA.C.S. § 6404 (RELATING TO

DURATION OF INPATIENT COMMITMENT AND REVIEW). AS USED IN THIS

PARAGRAPH, THE TERM "SEXUALLY VIOLENT DELINQUENT CHILDREN"

SHALL HAVE THE MEANING GIVEN TO IT IN 42 PA.C.S. § 6402

(RELATING TO DEFINITIONS). NOTHING IN THIS PARAGRAPH SHALL BE

CONSTRUED TO APPLY TO EMPLOYEES OF THE FACILITIES SET FORTH

IN THIS PARAGRAPH.

CHAPTER 19

RESEARCH PROGRAM

SECTION 1901. DEFINITIONS.

THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER

SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE

CONTEXT CLEARLY INDICATES OTHERWISE:

"HEALTH CARE MEDICAL MARIJUANA ORGANIZATION." A VERTICALLY

INTEGRATED HEALTH SYSTEM APPROVED BY THE DEPARTMENT TO DISPENSE

MEDICAL MARIJUANA OR GROW AND PROCESS MEDICAL MARIJUANA, OR

BOTH, IN ACCORDANCE WITH A RESEARCH STUDY UNDER THIS CHAPTER.

"VERTICALLY INTEGRATED HEALTH SYSTEM." A HEALTH DELIVERY

SYSTEM LICENSED UNDER THE ACT OF JULY 19, 1979 (P.L.130, NO.48),

KNOWN AS THE HEALTH CARE FACILITIES ACT, IN WHICH THE COMPLETE

SPECTRUM OF CARE, INCLUDING PRIMARY AND SPECIALTY CARE,

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HOSPITALIZATION AND PHARMACEUTICAL CARE, IS PROVIDED WITHIN A

SINGLE ORGANIZATION.

SECTION 1902. ESTABLISHMENT OF MEDICAL MARIJUANA RESEARCH

PROGRAM.

(A) PROGRAM TO BE ESTABLISHED.--THE DEPARTMENT SHALL

ESTABLISH AND DEVELOP A RESEARCH PROGRAM TO STUDY THE IMPACT OF

MEDICAL MARIJUANA ON THE TREATMENT AND SYMPTOM MANAGEMENT OF

SERIOUS MEDICAL CONDITIONS. THE PROGRAM SHALL NOT INCLUDE A

CLINICAL REGISTRANT OR ACADEMIC CLINICAL RESEARCH CENTER UNDER

CHAPTER 20.

(B) DEPARTMENT DUTIES.--THE DEPARTMENT SHALL:

(1) REVIEW ALL SERIOUS MEDICAL CONDITIONS WHICH ARE

CITED BY A PRACTITIONER UPON THE PRACTITIONER'S CERTIFICATION

THAT A PATIENT BE GRANTED AN IDENTIFICATION CARD.

(2) CREATE A DATABASE OF ALL SERIOUS MEDICAL CONDITIONS,

INCLUDING COMORBIDITIES, WHICH ARE CITED BY PRACTITIONERS IN

THE CERTIFICATIONS OF PATIENTS. THE DATABASE SHALL ALSO

INCLUDE THE FORM OF MEDICAL MARIJUANA CERTIFIED TO TREAT EACH

SERIOUS MEDICAL CONDITION.

(3) WHEN THE DATABASE CONTAINS 25 OR MORE PATIENTS WITH

THE SAME SERIOUS MEDICAL CONDITION, PETITION THE UNITED

STATES FOOD AND DRUG ADMINISTRATION AND THE UNITED STATES

DRUG ENFORCEMENT ADMINISTRATION FOR APPROVAL TO STUDY THE

CONDITION AND THE IMPACT OF MEDICAL MARIJUANA ON THE

CONDITION.

(4) CONCURRENT WITH THE REQUEST TO THE UNITED STATES

FOOD AND DRUG ADMINISTRATION AND UNITED STATES DRUG

ENFORCEMENT ADMINISTRATION, PUBLICLY ANNOUNCE THE FORMATION

OF A RESEARCH STUDY TO WHICH A VERTICALLY INTEGRATED HEALTH

SYSTEM AND A UNIVERSITY WITHIN THIS COMMONWEALTH MAY SUBMIT A

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REQUEST TO PARTICIPATE.

(5) UPON APPROVAL OF A RESEARCH STUDY BY THE UNITED

STATES FOOD AND DRUG ADMINISTRATION AND THE UNITED STATES

DRUG ENFORCEMENT ADMINISTRATION, SELECT A VERTICALLY

INTEGRATED HEALTH SYSTEM OR SYSTEMS TO CONDUCT THE RESEARCH

STUDY AND DESIGNATE THE FORM OR FORMS OF MEDICAL MARIJUANA

WHICH WILL BE USED TO TREAT THE SERIOUS MEDICAL CONDITION.

(6) NOTIFY A PATIENT WHO HAS BEEN ISSUED AN

IDENTIFICATION CARD:

(I) THAT THE PATIENT HAS BEEN SELECTED TO

PARTICIPATE, AT THE PATIENT'S OPTION, IN A RESEARCH STUDY

TO STUDY MEDICAL MARIJUANA AS A TREATMENT; AND

(II) WHERE THE PATIENT MAY SECURE MEDICAL MARIJUANA

THROUGH A HEALTH CARE MEDICAL MARIJUANA ORGANIZATION AT

NO COST TO THE PATIENT IN ACCORDANCE WITH SUBSECTION (C).

(7) IF THE UNITED STATES FOOD AND DRUG ADMINISTRATION

AND THE UNITED STATES DRUG ENFORCEMENT ADMINISTRATION REJECT

THE PROPOSAL FOR THE RESEARCH STUDY, TAKE ALL REASONABLE

STEPS TO COLLECT AND COLLATE DATA ON THE SERIOUS MEDICAL

CONDITION AND THE USE OF MEDICAL MARIJUANA AS A TREATMENT FOR

THE SERIOUS MEDICAL CONDITION AND CONSIDER SUBMITTING AN

ADDITIONAL REQUEST TO THE UNITED STATES FOOD AND DRUG

ADMINISTRATION AND UNITED STATES DRUG ENFORCEMENT

ADMINISTRATION FOR A RESEARCH STUDY ON THE SAME CONDITION.

DISPENSED TO PATIENTS IN ACCORDANCE WITH AN APPROVED RESEARCH

STUDY SHALL BE PAID FOR BY THE FUND.

(D) GEOGRAPHIC ACCESSIBILITY.--THE DEPARTMENT SHALL TAKE

INTO CONSIDERATION THE GEOGRAPHIC LOCATION OF THE HEALTH CARE

MEDICAL MARIJUANA ORGANIZATION WHEN ASSIGNING A PATIENT TO A

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HEALTH CARE MEDICAL MARIJUANA ORGANIZATION. THE DEPARTMENT SHALL

MAKE AN EFFORT TO ASSIGN A PATIENT TO A HEALTH CARE MEDICAL

MARIJUANA ORGANIZATION THAT IS LOCATED WITHIN 50 MILES OF THE

PATIENT'S RESIDENCE.

(E) DATA.--DATA COLLECTED BY THE HEALTH CARE MEDICAL

MARIJUANA ORGANIZATION SHALL BE PROVIDED TO THE UNIVERSITY

PARTICIPATING IN THE RESEARCH STUDY FOR ANALYSIS.

SECTION 1903. MEDICAL MARIJUANA RESEARCH PROGRAM

ADMINISTRATION.

(A) GENERAL RULE.--THE DEPARTMENT SHALL ESTABLISH A RESEARCH

STUDY FOR EACH SERIOUS MEDICAL CONDITION. THE DEPARTMENT SHALL

ENGAGE UNIVERSITIES WITHIN THIS COMMONWEALTH TO PARTICIPATE IN

THE COLLECTION, COLLATION, ANALYSIS AND CONCLUSIVE FINDINGS OF

THE RESEARCH STUDIES. THE DEPARTMENT SHALL, BY REGULATION,

ESTABLISH THE PROCEDURE TO BE USED BY HEALTH CARE MEDICAL

MARIJUANA ORGANIZATIONS WITH RESPECT TO:

(1) REAL TIME INVENTORY TRACKING.

(2) REAL TIME TRACKING OF THE MEDICAL MARIJUANA

DISPENSED.

(3) RECALL OF DEFECTIVE MEDICAL MARIJUANA.

(B) REQUEST FOR DISTRIBUTIONS.--THE DEPARTMENT SHALL

ESTABLISH A FORM AND PROCEDURE FOR UNIVERSITIES SELECTED TO

PARTICIPATE IN A RESEARCH STUDY TO REQUEST DISTRIBUTIONS FROM

THE FUND TO CONDUCT RESEARCH ON MEDICAL MARIJUANA, INCLUDING

ADMINISTRATIVE COSTS. THESE DISTRIBUTIONS SHALL ALSO BE USED TO

PAY FOR THE COST OF THE MEDICAL MARIJUANA SO THAT IT IS NOT

BORNE BY THE PATIENT PARTICIPATING IN THE RESEARCH STUDY. THE

FORMS SHALL INCLUDE, AT A MINIMUM, THE FOLLOWING:

(1) THE FORM OR FORMS OF MEDICAL MARIJUANA TO BE

STUDIED.

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(2) THE SERIOUS MEDICAL CONDITION TO BE STUDIED.

(1) A VERTICALLY INTEGRATED HEALTH SYSTEM SHALL REPORT

ON THE EFFECTIVENESS OF THE USE OF MEDICAL MARIJUANA FOR THE

TREATMENT OF THE SERIOUS MEDICAL CONDITION STUDIED AND ALL

COUNTERINDICATIONS AND NOTED SIDE EFFECTS.

(2) THE DEPARTMENT SHALL NOTIFY THE VERTICALLY

INTEGRATED HEALTH SYSTEM AND THE UNIVERSITY PARTICIPATING IN

THE RESEARCH STUDY OF THE DATA WHICH IS REQUIRED TO MEET THE

UNITED STATES FOOD AND DRUG ADMINISTRATION'S AND THE UNITED

STATES DRUG ENFORCEMENT ADMINISTRATION'S APPROVAL FOR THE

RESEARCH STUDY.

(3) THE FIRST REPORT, INCLUDING THE DATA REQUIRED UNDER

PARAGRAPH (2), SHALL BE SUBMITTED TO THE DEPARTMENT AND MADE

PUBLICLY AVAILABLE WITHIN 180 DAYS OF THE INITIATION OF A

RESEARCH STUDY FOR A SPECIFIC SERIOUS MEDICAL CONDITION.

(4) AN ANNUAL REPORT OF THE DATA REQUIRED UNDER

PARAGRAPH (2) SHALL BE SUBMITTED TO THE DEPARTMENT BEGINNING

ONE YEAR AFTER THE INITIATION OF A RESEARCH STUDY FOR A

SPECIFIC SERIOUS MEDICAL CONDITION AND EACH YEAR THEREAFTER.

SECTION 1904. APPROVAL.

A VERTICALLY INTEGRATED HEALTH SYSTEM LOCATED IN THIS

COMMONWEALTH MAY PETITION THE DEPARTMENT TO PARTICIPATE IN A

RESEARCH STUDY TO STUDY A SERIOUS MEDICAL CONDITION UNDER

SECTION 1902. APPROVAL OF THE VERTICALLY INTEGRATED HEALTH

SYSTEM AS A HEALTH CARE MEDICAL MARIJUANA ORGANIZATION BY THE

DEPARTMENT SHALL AUTHORIZE ACCESS WITHIN A REGION UNDER SECTION

706(D) TO MEDICAL MARIJUANA FOR ALL PATIENTS INCLUDED IN AN

APPROVED RESEARCH STUDY.

SECTION 1905. REQUIREMENTS.

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(A) DISPENSING.--A HEALTH CARE MEDICAL MARIJUANA

ORGANIZATION THAT DISPENSES MEDICAL MARIJUANA SHALL:

(1) MAINTAIN LICENSURE WITH THE DEPARTMENT AS REQUIRED

UNDER THE ACT OF JULY 19, 1979 (P.L.130, NO.48), KNOWN AS THE

HEALTH CARE FACILITIES ACT.

(2) SECURE THE MEDICAL MARIJUANA WITHIN THE ASSOCIATED

PHARMACIES OF THE HEALTH CARE MEDICAL MARIJUANA ORGANIZATION

IN A MANNER AND METHOD PRESCRIBED BY THE DEPARTMENT.

(3) KEEP A DAILY LOG OF THE MEDICAL MARIJUANA DISPENSED

AND THE RESEARCH STUDY WITH WHICH THE PATIENT AND THE MEDICAL

MARIJUANA ARE ASSOCIATED. REPORTS SHALL BE DELIVERED TO THE

DEPARTMENT AND THE UNIVERSITY PARTICIPATING IN THE RESEARCH

STUDY ON A WEEKLY BASIS.

(4) REPORT TO THE PENNSYLVANIA HEALTH CARE COST

CONTAINMENT COUNCIL THE UTILIZATION RATES OF THOSE PATIENTS

PARTICIPATING IN THE RESEARCH OF MEDICAL MARIJUANA AND

TREATMENT OPTIONS.

(5) ONLY DISPENSE MEDICAL MARIJUANA RECEIVED FROM A

GROWER/PROCESSOR OR A HEALTH CARE MEDICAL MARIJUANA

ORGANIZATION THAT IS APPROVED TO GROW AND PROCESS MEDICAL

MARIJUANA.

(6) PROVIDE ALL PATIENTS OR CAREGIVERS WITH THE SAFETY

INSERT, PREPARED BY THE DEPARTMENT, WHICH INCLUDES POTENTIAL

DANGERS, RECOGNITION AND CORRECTION OF PROBLEMATIC DOSAGE AND

ANY OTHER INFORMATION REQUIRED BY THE DEPARTMENT OR WHICH THE

DEPARTMENT DEEMS RELEVANT FOR PATIENT SAFETY.

(B) GROWING AND PROCESSING.--A HEALTH CARE MEDICAL MARIJUANA

ORGANIZATION THAT GROWS AND PROCESSES MEDICAL MARIJUANA SHALL:

(1) MAINTAIN LICENSURE WITH THE DEPARTMENT AS REQUIRED

UNDER THE HEALTH CARE FACILITIES ACT.

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(2) ONLY MAKE AVAILABLE MEDICAL MARIJUANA TO HEALTH CARE

MEDICAL MARIJUANA ORGANIZATIONS THAT DISPENSE MEDICAL

MARIJUANA.

(3) KEEP A DAILY LOG OF MEDICAL MARIJUANA INTENDED FOR

ULTIMATE USE BY PATIENTS PARTICIPATING IN A RESEARCH STUDY.

SECTION 1906. RESTRICTIONS.

A HEALTH CARE MEDICAL MARIJUANA ORGANIZATION MAY NOT

PARTICIPATE IN A RESEARCH STUDY OF ANY KIND, INCLUDING THE

PROGRAM ESTABLISHED UNDER THIS CHAPTER, OR DISPENSE OR GROW AND

PROCESS MEDICAL MARIJUANA IF IT HAS VIOLATED ITS LICENSURE

REQUIREMENTS UNDER THE HEALTH CARE FACILITIES ACT.

SECTION 1907. REGULATIONS.

THE DEPARTMENT SHALL, BY REGULATION, ESTABLISH THE PROCEDURE

TO BE USED BY A HEALTH CARE MEDICAL MARIJUANA ORGANIZATION THAT

GROWS AND PROCESSES MEDICAL MARIJUANA WITH RESPECT TO:

(1) REAL TIME INVENTORY TRACKING, INCLUDING A SEED-TO-

DISPENSING TRACKING SYSTEM THAT TRACKS MEDICAL MARIJUANA FROM

SEED OR IMMATURE PLANT STAGE UNTIL THE MEDICAL MARIJUANA IS

PROVIDED TO A PATIENT IN A RESEARCH STUDY.

(2) SECURITY, RECORDKEEPING, RECORD RETENTION AND

SURVEILLANCE SYSTEMS RELATING TO EVERY STAGE OF GROWING AND

PROCESSING MEDICAL MARIJUANA.

(3) A DAILY LOG OF EACH DAY'S BEGINNING INVENTORY,

ACQUISITIONS, DISBURSEMENTS, DISPOSALS AND ENDING INVENTORY.

(4) A SYSTEM TO RECALL DEFECTIVE MEDICAL MARIJUANA.

(5) A SYSTEM TO TRACK THE PLANT WASTE RESULTING FROM THE

GROWTH OF MEDICAL MARIJUANA.

(6) TESTING OF MEDICAL MARIJUANA BY AN INDEPENDENT

LABORATORY TO TEST THE MEDICAL MARIJUANA PRODUCED BY THE

HEALTH CARE MEDICAL MARIJUANA ORGANIZATION, INCLUDING

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REQUIRING A TEST AT HARVEST AND A TEST AT FINAL PROCESSING.

(7) ANY OTHER PROCEDURE DEEMED NECESSARY BY THE

DEPARTMENT.

SECTION 1908. NONENTITLEMENT.

NOTHING IN THIS CHAPTER SHALL BE CONSTRUED TO CREATE AN

ENTITLEMENT OR RIGHT OF A PATIENT TO RECEIVE MEDICAL MARIJUANA

OR TO PARTICIPATE IN A RESEARCH STUDY.

CHAPTER 20

ACADEMIC CLINICAL RESEARCH CENTERS

SECTION 2001. DEFINITIONS.

THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER

SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE

CONTEXT CLEARLY INDICATES OTHERWISE:

"ACADEMIC CLINICAL RESEARCH CENTER." AN ACCREDITED MEDICAL

SCHOOL WITHIN THIS COMMONWEALTH THAT OPERATES OR PARTNERS WITH

AN ACUTE CARE HOSPITAL LICENSED WITHIN THIS COMMONWEALTH.

"CLINICAL REGISTRANT." AN ENTITY REGISTERED AS BOTH A

GROWER/PROCESSOR AND A DISPENSARY WHICH HAS A CONTRACTUAL

RELATIONSHIP WITH AN ACADEMIC CLINICAL RESEARCH CENTER AS SET

FORTH UNDER SECTION 2002.

SECTION 2002. REGISTRATION AS BOTH GROWER/PROCESSOR AND

DISPENSARY COLLABORATING WITH AN ACADEMIC CLINICAL

RESEARCH CENTER.

NOTWITHSTANDING THE LIMITATIONS IN SECTIONS 706 AND 707, THE

DEPARTMENT MAY REGISTER UP TO EIGHT ENTITIES WHICH ARE

REGISTERED AS BOTH A GROWER/PROCESSOR AND A DISPENSARY THAT HAVE

A CONTRACTUAL RELATIONSHIP WITH AN ACADEMIC CLINICAL RESEARCH

CENTER UNDER WHICH THE ACADEMIC CLINICAL RESEARCH CENTER OR ITS

AFFILIATE PROVIDES ADVICE TO THE ENTITIES REGISTERED AS BOTH A

GROWER/PROCESSOR AND A DISPENSARY REGARDING, AMONG OTHER AREAS,

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PATIENT HEALTH AND SAFETY, MEDICAL APPLICATIONS AND DISPENSING

AND MANAGEMENT OF CONTROLLED SUBSTANCES. EACH ENTITY MAY PROVIDE

MEDICAL MARIJUANA AT NOT MORE THAN SIX SEPARATE LOCATIONS. THE

TOTAL NUMBER OF LOCATIONS AUTHORIZED TO DISPENSE MEDICAL

MARIJUANA UNDER THIS SECTION SHALL NOT EXCEED 48. THE FOLLOWING

APPLY WITH RESPECT TO THIS CATEGORY OF CLINICAL REGISTRANT:

(1) A CLINICAL REGISTRANT MUST BE REGISTERED AS BOTH A

GROWER/PROCESSOR AND A DISPENSARY.

(2) A CLINICAL REGISTRANT MUST PAY THE FEES AND MEET ALL

OTHER REQUIREMENTS UNDER THIS ACT FOR REGISTRATION, EXCEPT AS

PROVIDED IN SECTION 708(G)(1)(IV) AND (2)(V), AS A

GROWER/PROCESSOR AND A DISPENSARY.

(3) THE CLINICAL REGISTRANT MUST HAVE A MINIMUM OF

$15,000,000 IN CAPITAL. THE DEPARTMENT SHALL VERIFY THE

CAPITAL REQUIREMENT.

(4) THE CLINICAL REGISTRANT MUST COMPLY WITH ALL OTHER

REQUIREMENTS OF THIS ACT REGARDING GROWING, PROCESSING AND

DISPENSING MEDICAL MARIJUANA.

SECTION 2003. RESEARCH STUDY.

NOTWITHSTANDING ANY PROVISION OF THIS ACT TO THE CONTRARY,

THE DEPARTMENT MAY, UPON APPLICATION, APPROVE THE DISPENSING OF

MEDICAL MARIJUANA BY A CLINICAL REGISTRANT TO THE ACADEMIC

CLINICAL RESEARCH CENTER FOR THE PURPOSE OF CONDUCTING A

RESEARCH STUDY. THE DEPARTMENT SHALL DEVELOP THE APPLICATION AND

STANDARDS FOR APPROVAL OF SUCH DISPENSING BY THE CLINICAL

REGISTRANT. THE FOLLOWING APPLY TO THE RESEARCH STUDY:

(1) THE CLINICAL REGISTRANT SHALL DISCLOSE THE FOLLOWING

INFORMATION TO THE DEPARTMENT IN ITS APPLICATION:

(I) THE REASON FOR THE RESEARCH PROJECT, INCLUDING

THE REASON FOR THE TRIAL.

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(II) THE STRAIN OF MEDICAL MARIJUANA TO BE USED AND

THE STRENGTH OF THE MEDICAL MARIJUANA TO BE USED IN THE

RESEARCH STUDY.

(III) THE ANTICIPATED DURATION OF THE STUDY.

(IV) EVIDENCE OF APPROVAL OF THE TRIAL BY ACCREDITED

INSTITUTIONAL REVIEW BOARD, INCLUDING ANY OTHER REQUIRED

REGULATORY APPROVALS.

(V) OTHER INFORMATION REQUIRED BY THE DEPARTMENT,

EXCEPT THAT THE DEPARTMENT MAY NOT REQUIRE DISCLOSURE OF

ANY INFORMATION THAT WOULD INFRINGE UPON THE ACADEMIC

CLINICAL RESEARCH CENTER'S EXCLUSIVE RIGHT TO

INTELLECTUAL PROPERTY OR LEGAL OBLIGATIONS FOR PATIENT

CONFIDENTIALITY.

(2) THE ACADEMIC CLINICAL RESEARCH CENTER SHALL PROVIDE

ITS FINDINGS TO THE DEPARTMENT WITHIN 365 DAYS OF THE

CONCLUSION OF THE RESEARCH STUDY OR WITHIN 365 DAYS OF

PUBLICATION OF THE RESULTS OF THE RESEARCH STUDY IN A PEER-

REVIEWED MEDICAL JOURNAL, WHICHEVER IS LATER.

(3) THE DEPARTMENT SHALL ALLOW THE EXCHANGE OF MEDICAL

MARIJUANA SEED BETWEEN CLINICAL REGISTRANTS FOR THE CONDUCT

OF RESEARCH.

CHAPTER 21

MISCELLANEOUS PROVISIONS

SECTION 2101. CONFLICT.

THE GROWTH, PROCESSING, MANUFACTURE, ACQUISITION,

TRANSPORTATION, SALE, DISPENSING, DISTRIBUTION, POSSESSION AND

CONSUMPTION OF MEDICAL MARIJUANA PERMITTED UNDER THIS ACT SHALL

NOT BE DEEMED TO BE A VIOLATION OF THE ACT OF APRIL 14, 1972

(P.L.233, NO.64), KNOWN AS THE CONTROLLED SUBSTANCE, DRUG,

DEVICE AND COSMETIC ACT. IF A PROVISION OF THE CONTROLLED

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SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT RELATING TO MARIJUANA

CONFLICTS WITH A PROVISION OF THIS ACT, THIS ACT SHALL TAKE

PRECEDENCE.

SECTION 2101.1. FINANCIAL AND EMPLOYMENT INTERESTS.

(A) FINANCIAL INTERESTS.--EXCEPT AS MAY BE PROVIDED FOR THE

JUDICIARY BY RULE OR ORDER OF THE PENNSYLVANIA SUPREME COURT, AN

EXECUTIVE-LEVEL PUBLIC EMPLOYEE, PUBLIC OFFICIAL OR PARTY

OFFICER, OR AN IMMEDIATE FAMILY MEMBER THEREOF, SHALL NOT

INTENTIONALLY OR KNOWINGLY HOLD A FINANCIAL INTEREST IN A

MEDICAL MARIJUANA ORGANIZATION OR IN A HOLDING COMPANY,

AFFILIATE, INTERMEDIARY OR SUBSIDIARY THEREOF, WHILE THE

INDIVIDUAL IS AN EXECUTIVE-LEVEL PUBLIC EMPLOYEE, PUBLIC

OFFICIAL OR PARTY OFFICER AND FOR ONE YEAR FOLLOWING TERMINATION

OF THE INDIVIDUAL'S STATUS AS AN EXECUTIVE-LEVEL PUBLIC

EMPLOYEE, PUBLIC OFFICIAL OR PARTY OFFICER.

(B) EMPLOYMENT.--EXCEPT AS MAY BE PROVIDED BY RULE OR ORDER

OF THE PENNSYLVANIA SUPREME COURT, NO EXECUTIVE-LEVEL PUBLIC

EMPLOYEE, PUBLIC OFFICIAL OR PARTY OFFICER, OR AN IMMEDIATE

FAMILY MEMBER THEREOF, SHALL BE EMPLOYED BY A MEDICAL MARIJUANA

ORGANIZATION OR BY ANY HOLDING COMPANY, AFFILIATE, INTERMEDIARY

OR SUBSIDIARY THEREOF, WHILE THE INDIVIDUAL IS AN EXECUTIVE-

LEVEL PUBLIC EMPLOYEE, PUBLIC OFFICIAL OR PARTY OFFICER AND FOR

ONE YEAR FOLLOWING TERMINATION OF THE INDIVIDUAL'S STATUS AS AN

EXECUTIVE-LEVEL PUBLIC EMPLOYEE, PUBLIC OFFICIAL OR PARTY

OFFICER.

COMMITS A MISDEMEANOR AND SHALL, UPON CONVICTION, BE SENTENCED

TO PAY A FINE OF NOT MORE THAN $1,000 OR TO IMPRISONMENT FOR NOT

MORE THAN ONE YEAR, OR BOTH.

(D) STATE ETHICS COMMISSION.--THE STATE ETHICS COMMISSION

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SHALL DO ALL OF THE FOLLOWING:

(1) ISSUE A WRITTEN DETERMINATION OF WHETHER A PERSON IS

SUBJECT TO SUBSECTIONS (A) OR (B) UPON THE WRITTEN REQUEST OF

THE PERSON OR ANY OTHER PERSON THAT MAY HAVE LIABILITY FOR AN

ACTION TAKEN WITH RESPECT TO SUCH PERSON. A PERSON THAT

RELIES IN GOOD FAITH ON A DETERMINATION MADE UNDER THIS

PARAGRAPH SHALL NOT BE SUBJECT TO ANY PENALTY FOR AN ACTION

TAKEN, PROVIDED THAT ALL MATERIAL FACTS SET FORTH IN THE

REQUEST FOR THE DETERMINATION ARE CORRECT.

(2) PUBLISH A LIST OF ALL STATE, COUNTY, MUNICIPAL AND

OTHER GOVERNMENT POSITIONS THAT MEET THE DEFINITIONS OF

"PUBLIC OFFICIAL" AS DEFINED UNDER SUBSECTION (B) OR

"EXECUTIVE-LEVEL PUBLIC EMPLOYEE." THE OFFICE OF

ADMINISTRATION SHALL ASSIST THE STATE ETHICS COMMISSION IN

THE DEVELOPMENT OF THE LIST, WHICH SHALL BE PUBLISHED BY THE

STATE ETHICS COMMISSION IN THE PENNSYLVANIA BULLETIN

BIENNIALLY AND POSTED BY THE BOARD ON THE BOARD'S INTERNET

WEBSITE. UPON REQUEST, EACH PUBLIC OFFICIAL SHALL HAVE A DUTY

TO PROVIDE THE STATE ETHICS COMMISSION WITH ADEQUATE

INFORMATION TO ACCURATELY DEVELOP AND MAINTAIN THE LIST. THE

STATE ETHICS COMMISSION MAY IMPOSE A CIVIL PENALTY UNDER 65

PA.C.S. § 1109(F) (RELATING TO PENALTIES) UPON ANY

INDIVIDUAL, INCLUDING ANY PUBLIC OFFICIAL OR EXECUTIVE-LEVEL

PUBLIC EMPLOYEE, WHO FAILS TO COOPERATE WITH THE STATE ETHICS

COMMISSION UNDER THIS SUBSECTION. A PERSON THAT RELIES IN

GOOD FAITH ON THE LIST PUBLISHED BY THE STATE ETHICS

COMMISSION SHALL NOT BE SUBJECT TO ANY PENALTY FOR A

VIOLATION OF THIS SECTION.

(E) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING

WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS

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SUBSECTION:

"FINANCIAL INTEREST." AS DEFINED IN 4 PA.C.S. § 1512(B)

(RELATING TO FINANCIAL AND EMPLOYMENT INTERESTS).

"IMMEDIATE FAMILY." AS DEFINED IN 4 PA.C.S. § 1512(B).

"PARTY OFFICER." AS DEFINED IN 4 PA.C.S. § 1512(B).

"PUBLIC OFFICIAL." THE TERM SHALL INCLUDE THE FOLLOWING:

(1) THE GOVERNOR, LIEUTENANT GOVERNOR, A MEMBER OF THE

GOVERNOR'S CABINET, TREASURER, AUDITOR GENERAL AND ATTORNEY

GENERAL OF THE COMMONWEALTH.

(2) A MEMBER OF THE SENATE OR HOUSE OF REPRESENTATIVES

OF THE COMMONWEALTH.

(3) AN INDIVIDUAL ELECTED OR APPOINTED TO ANY OFFICE OF

A COUNTY OR MUNICIPALITY THAT DIRECTLY RECEIVES A

DISTRIBUTION OF REVENUE UNDER THIS PART.

(4) AN INDIVIDUAL ELECTED OR APPOINTED TO A DEPARTMENT,

AGENCY, BOARD, COMMISSION, AUTHORITY OR OTHER GOVERNMENTAL

BODY NOT INCLUDED IN PARAGRAPH (1), (2) OR (3) THAT DIRECTLY

RECEIVES A DISTRIBUTION OF REVENUE UNDER THIS PART.

(5) AN INDIVIDUAL ELECTED OR APPOINTED TO A DEPARTMENT,

AGENCY, BOARD, COMMISSION, AUTHORITY, COUNTY, MUNICIPALITY OR

OTHER GOVERNMENTAL BODY NOT INCLUDED IN PARAGRAPH (1), (2) OR

(3) WITH DISCRETIONARY POWER WHICH MAY INFLUENCE OR AFFECT

THE OUTCOME OF AN ACTION OR DECISION AND WHO IS INVOLVED IN

THE DEVELOPMENT OF REGULATION OR POLICY RELATING TO A

LICENSED ENTITY OR WHO IS INVOLVED IN OTHER MATTERS UNDER

THIS PART.

THE TERM DOES NOT INCLUDE A MEMBER OF A SCHOOL BOARD OR AN

INDIVIDUAL WHO HELD AN UNCOMPENSATED OFFICE WITH A GOVERNMENTAL

BODY PRIOR TO JANUARY 1, 2017, AND WHO NO LONGER HOLDS THE

OFFICE AS OF JANUARY 1, 2017. THE TERM INCLUDES A MEMBER OF AN

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ADVISORY BOARD OR COMMISSION.

SECTION 2102. INSURERS.

NOTHING IN THIS ACT SHALL BE CONSTRUED TO REQUIRE AN INSURER

OR A HEALTH PLAN, WHETHER PAID FOR BY COMMONWEALTH FUNDS OR

PRIVATE FUNDS, TO PROVIDE COVERAGE FOR MEDICAL MARIJUANA.

SECTION 2103. PROTECTIONS FOR PATIENTS AND CAREGIVERS.

(A) LICENSURE.--NONE OF THE FOLLOWING SHALL BE SUBJECT TO

ARREST, PROSECUTION OR PENALTY IN ANY MANNER, OR DENIED ANY

RIGHT OR PRIVILEGE, INCLUDING CIVIL PENALTY OR DISCIPLINARY

ACTION BY A COMMONWEALTH LICENSING BOARD OR COMMISSION, SOLELY

FOR LAWFUL USE OF MEDICAL MARIJUANA OR MANUFACTURE OR SALE OR

DISPENSING OF MEDICAL MARIJUANA, OR FOR ANY OTHER ACTION TAKEN

IN ACCORDANCE WITH THIS ACT:

(1) A PATIENT.

(2) A CAREGIVER.

(3) A PRACTITIONER.

(4) A MEDICAL MARIJUANA ORGANIZATION.

(5) A HEALTH CARE MEDICAL MARIJUANA ORGANIZATION OR

UNIVERSITY PARTICIPATING IN A RESEARCH STUDY UNDER CHAPTER

19.

(6) A CLINICAL REGISTRANT OR ACADEMIC CLINICAL RESEARCH

CENTER UNDER CHAPTER 20.

(7) AN EMPLOYEE, PRINCIPAL OR FINANCIAL BACKER OF A

MEDICAL MARIJUANA ORGANIZATION.

(8) AN EMPLOYEE OF A HEALTH CARE MEDICAL MARIJUANA

ORGANIZATION OR AN EMPLOYEE OF A UNIVERSITY PARTICIPATING IN

A RESEARCH STUDY UNDER CHAPTER 19.

(9) AN EMPLOYEE OF A CLINICAL REGISTRANT OR AN EMPLOYEE

OF AN ACADEMIC CLINICAL RESEARCH CENTER UNDER CHAPTER 20.

(10) A PHARMACIST OR CERTIFIED REGISTERED NURSE

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PRACTITIONER UNDER SECTION 707(9).

(B) EMPLOYMENT.--

(1) NO EMPLOYER MAY DISCHARGE, THREATEN, REFUSE TO HIRE

OR OTHERWISE DISCRIMINATE OR RETALIATE AGAINST AN EMPLOYEE

REGARDING AN EMPLOYEE'S COMPENSATION, TERMS, CONDITIONS,

LOCATION OR PRIVILEGES SOLELY ON THE BASIS OF SUCH EMPLOYEE'S

STATUS AS AN INDIVIDUAL WHO IS CERTIFIED TO USE MEDICAL

MARIJUANA.

(2) NOTHING IN THIS ACT SHALL REQUIRE AN EMPLOYER TO

MAKE ANY ACCOMMODATION OF THE USE OF MEDICAL MARIJUANA ON THE

PROPERTY OR PREMISES OF ANY PLACE OF EMPLOYMENT. THIS ACT

SHALL IN NO WAY LIMIT AN EMPLOYER'S ABILITY TO DISCIPLINE AN

EMPLOYEE FOR BEING UNDER THE INFLUENCE OF MEDICAL MARIJUANA

IN THE WORKPLACE OR FOR WORKING WHILE UNDER THE INFLUENCE OF

MEDICAL MARIJUANA WHEN THE EMPLOYEE'S CONDUCT FALLS BELOW THE

STANDARD OF CARE NORMALLY ACCEPTED FOR THAT POSITION.

(3) NOTHING IN THIS ACT SHALL REQUIRE AN EMPLOYER TO

COMMIT ANY ACT THAT WOULD PUT THE EMPLOYER OR ANY PERSON

ACTING ON ITS BEHALF IN VIOLATION OF FEDERAL LAW.

CERTIFIED TO USE MEDICAL MARIJUANA AND ACTING IN ACCORDANCE WITH

THIS ACT SHALL NOT BY ITSELF BE CONSIDERED BY A COURT IN A

CUSTODY PROCEEDING. IN DETERMINING THE BEST INTEREST OF A CHILD

WITH RESPECT TO CUSTODY, THE PROVISIONS OF 23 PA.C.S. CH. 53

(RELATING TO CHILD CUSTODY) SHALL APPLY.

SECTION 2104. SCHOOLS.

THE DEPARTMENT OF EDUCATION SHALL PROMULGATE REGULATIONS

WITHIN 18 MONTHS OF THE EFFECTIVE DATE OF THIS SECTION REGARDING

THE FOLLOWING:

(1) POSSESSION AND USE OF MEDICAL MARIJUANA BY A STUDENT

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ON THE GROUNDS OF A PRESCHOOL, PRIMARY SCHOOL AND A SECONDARY

SCHOOL.

(2) POSSESSION AND USE OF MEDICAL MARIJUANA BY AN

EMPLOYEE OF A PRESCHOOL, PRIMARY SCHOOL AND A SECONDARY

SCHOOL ON THE GROUNDS OF SUCH SCHOOL.

SECTION 2105. DAY-CARE CENTERS.

THE DEPARTMENT OF HUMAN SERVICES SHALL PROMULGATE REGULATIONS

WITHIN 18 MONTHS OF THE EFFECTIVE DATE OF THIS SECTION REGARDING

THE FOLLOWING:

(1) POSSESSION AND USE OF MEDICAL MARIJUANA BY A CHILD

UNDER THE CARE OF A CHILD-CARE OR SOCIAL SERVICE CENTER

LICENSED OR OPERATED BY THE DEPARTMENT OF HUMAN SERVICES.

(2) POSSESSION AND USE OF MEDICAL MARIJUANA BY AN

EMPLOYEE OF A CHILD-CARE OR SOCIAL SERVICE CENTER LICENSED OR

OPERATED BY THE DEPARTMENT OF HUMAN SERVICES.

(3) POSSESSION AND USE OF MEDICAL MARIJUANA BY EMPLOYEES

OF A YOUTH DEVELOPMENT CENTER OR OTHER FACILITY WHICH HOUSES

CHILDREN ADJUDICATED DELINQUENT, INCLUDING THE SEPARATE,

SECURE STATE-OWNED FACILITY OR UNIT FOR SEXUALLY VIOLENT

CHILDREN, AS SET FORTH IN SECTION 1309(3).

SECTION 2106. MEDICAL MARIJUANA FROM OTHER STATES.

(A) GENERAL RULE.--IT IS NOT A VIOLATION OF THIS ACT OR THE

ACT OF APRIL 14, 1972 (P.L.233, NO.64), KNOWN AS THE CONTROLLED

SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT, IF A PARENT OR

GUARDIAN OF A MINOR UNDER 18 YEARS OF AGE LAWFULLY OBTAINS

MEDICAL MARIJUANA FROM ANOTHER STATE, TERRITORY OF THE UNITED

STATES OR ANY OTHER COUNTRY TO BE ADMINISTERED TO THE MINOR.

(B) EXPIRATION.--THIS SECTION SHALL EXPIRE 730 DAYS AFTER

THE EFFECTIVE DATE OF THIS SECTION.

SECTION 2107. ZONING.

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THE FOLLOWING APPLY:

(1) A GROWER/PROCESSOR SHALL MEET THE SAME MUNICIPAL

ZONING AND LAND USE REQUIREMENTS AS OTHER MANUFACTURING,

PROCESSING AND PRODUCTION FACILITIES THAT ARE LOCATED IN THE

SAME ZONING DISTRICT.

(2) A DISPENSARY SHALL MEET THE SAME MUNICIPAL ZONING

AND LAND USE REQUIREMENTS AS OTHER COMMERCIAL FACILITIES THAT

ARE LOCATED IN THE SAME ZONING DISTRICT.

SECTION 2108. NOTICE.

UPON AMENDMENT OF THE CONTROLLED SUBSTANCES ACT (PUBLIC LAW

91-513, 84 STAT. 1236) REMOVING MARIJUANA FROM SCHEDULE I OF THE

CONTROLLED SUBSTANCES ACT, THE DEPARTMENT SHALL PUBLISH NOTICE

OF THE EFFECTIVE DATE OF THE AMENDMENT IN THE PENNSYLVANIA

BULLETIN.

SECTION 2109. APPLICABILITY.

THE PROVISIONS OF THIS ACT WITH RESPECT TO DISPENSARIES SHALL

NOT APPLY BEGINNING 1,095 DAYS FROM THE EFFECTIVE DATE OF AN

AMENDMENT TO THE CONTROLLED SUBSTANCES ACT (PUBLIC LAW 91-513,

84 STAT. 1236) REMOVING MARIJUANA FROM SCHEDULE I OF THE

CONTROLLED SUBSTANCES ACT.

SECTION 2110. EFFECTIVE DATE.

THIS ACT SHALL TAKE EFFECT AS FOLLOWS:

(1) THE FOLLOWING PROVISIONS SHALL TAKE EFFECT

IMMEDIATELY:

(I) THIS SECTION.

(II) CHAPTER 1.

(III) CHAPTER 3.

(IV) SECTION 704.

(V) SECTION 711.

(VI) CHAPTER 9.

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(VII) SECTION 1101.

(VIII) SECTION 1104.

(IX) SECTION 1105.

(X) SECTION 1106.

(XI) SECTION 1107.

(XII) SECTION 1108.

(XIII) SECTION 1109.

(XIV) SECTION 1309.

(XV) CHAPTER 19.

(XVI) CHAPTER 20.

(XVII) SECTION 2101.

(XVIII) SECTION 2102.

(XIX) SECTION 2103.

(XX) SECTION 2104.

(XXI) SECTION 2105.

(XXII) SECTION 2106.

(XXIII) SECTION 2108.

(XXIV) SECTION 2109.

(2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT UPON THE

ISSUANCE OF TEMPORARY REGULATIONS BY THE DEPARTMENT UNDER

SECTION 1109(A) OR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS

SECTION, WHICHEVER IS SOONER.

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