Regular Session 2015-2016 Senate Bill 0003 P.N. 1680

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

889, 1609

PRINTER'S NO. 1680

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

AMENDMENTS TO HOUSE AMENDMENTS, APRIL 11, 2016

AN ACT

Establishing a medical marijuana program; providing for patient

and caregiver certification and for medical marijuana

organization registration; imposing duties on the Department

of Health; providing for a tax on medical marijuana

organization gross receipts; establishing the Medical

Marijuana Program Fund; establishing the Medical Marijuana

Advisory Board; establishing a medical marijuana research

program; imposing duties on the Department of Corrections,

the Department of Education and the Department of Human

Services; and providing for academic clinical research

centers and for penalties and enforcement.

TABLE OF CONTENTS

Chapter 1. Preliminary Provisions

Section 101. Short title.

Section 102. Declaration of policy.

Section 103. Definitions.

Chapter 3. Program

Section 301. Program established.

Section 301.1. Confidentiality and public disclosure.

Section 302. Practitioner registration.

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Section 303. Practitioner restrictions.

Chapter 5. Patient and Caregiver Certification

Section 501. Issuance of certification.

Section 502. Certification form.

Section 503. Lawful use of medical marijuana.

Section 504. Unlawful use of medical marijuana.

Section 505. Identification cards.

Section 506. Process for obtaining or renewing an

identification card.

Section 507. Special conditions.

Section 508. Minors.

Section 509. Caregiver authorization and limitations.

Section 510. Contents of identification card.

Section 511. Suspension.

Section 512. Use of prescription drug monitoring program.

Section 513. Prohibitions.

Chapter 7. Medical Marijuana Organizations

Section 701. Medical marijuana organizations.

Section 702. Laboratory.

Section 703. Dispensing to patients and caregivers.

Section 704. Pricing.

Section 705. Facility requirements.

Section 706. Registration.

Section 707. Limitations on registrations.

Section 708. Application and issuance of registration.

Section 709. Registration renewals.

Section 710. Suspension or revocation of registration.

Section 711. Privilege not property right.

Section 712. Diversity goals.

Chapter 9. Tax on Medical Marijuana

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Section 901. Excise tax on medical marijuana.

Section 902. Medical Marijuana Program Fund.

Chapter 11. Administration

Section 1101. Governing practice and procedure.

Section 1102. Reports by medical marijuana organizations.

Section 1103. Law enforcement notification.

Section 1104. Evaluation.

Section 1105. Report.

Section 1106. Advisory board.

Section 1107. Regulations.

Section 1108. Regulations based on recommendations of board.

Section 1109. Temporary regulations.

Chapter 13. Offenses Related to Medical Marijuana

Section 1301. Criminal diversion of medical marijuana by

practitioners.

Section 1302. Criminal diversion of medical marijuana by

medical marijuana organizations.

Section 1303. Criminal retention of medical marijuana.

Section 1304. Criminal diversion of medical marijuana by

patient or caregiver.

Section 1305. Falsification of identification cards.

Section 1306. Adulteration of medical marijuana.

Section 1307. Disclosure of information prohibited.

Section 1308. Additional penalties.

Section 1309. Other restrictions.

Chapter 19. Research Program

Section 1901. Definitions.

Section 1902. Establishment of medical marijuana research

program.

Section 1903. Medical marijuana research program

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administration.

Section 1904. Approval.

Section 1905. Requirements.

Section 1906. Restrictions.

Section 1907. Regulations.

Section 1908. Nonentitlement.

Chapter 20. Academic Clinical Research Centers

Section 2001. Definitions.

Section 2002. Registration as both grower/processor and

dispensary collaborating with an academic clinical

research center.

Section 2003. Research study.

Chapter 21. Miscellaneous Provisions

Section 2101. Conflict.

Section 2101.1. Financial and employment interests.

Section 2102. Insurers.

Section 2103. Protections for patients and caregivers.

Section 2104. Schools.

Section 2105. Day-care centers.

Section 2106. Medical marijuana from other states.

Section 2107. Zoning.

Section 2108. Notice.

Section 2109. Applicability.

Section 2110. Effective date.

ESTABLISHING A MEDICAL MARIJUANA PROGRAM; PROVIDING FOR PATIENT

AND CAREGIVER CERTIFICATION AND FOR MEDICAL MARIJUANA

ORGANIZATION REGISTRATION; IMPOSING DUTIES ON THE DEPARTMENT

OF HEALTH; PROVIDING FOR A TAX ON MEDICAL MARIJUANA

ORGANIZATION GROSS RECEIPTS; ESTABLISHING THE MEDICAL

MARIJUANA PROGRAM FUND; ESTABLISHING THE MEDICAL MARIJUANA

ADVISORY BOARD; ESTABLISHING A MEDICAL MARIJUANA RESEARCH

PROGRAM; IMPOSING DUTIES ON THE DEPARTMENT OF CORRECTIONS,

THE DEPARTMENT OF EDUCATION AND THE DEPARTMENT OF HUMAN

SERVICES; AND PROVIDING FOR ACADEMIC CLINICAL RESEARCH

CENTERS AND FOR PENALTIES AND ENFORCEMENT.

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TABLE OF CONTENTS

CHAPTER 1. PRELIMINARY PROVISIONS

SECTION 101. SHORT TITLE.

SECTION 102. DECLARATION OF POLICY.

SECTION 103. DEFINITIONS.

CHAPTER 3. PROGRAM

SECTION 301. PROGRAM ESTABLISHED.

SECTION 302. CONFIDENTIALITY AND PUBLIC DISCLOSURE.

SECTION 303. LAWFUL USE OF MEDICAL MARIJUANA.

SECTION 304. UNLAWFUL USE OF MEDICAL MARIJUANA.

CHAPTER 4. PRACTITIONERS

SECTION 401. PRACTITIONER REGISTRATION.

SECTION 402. PRACTITIONER RESTRICTIONS.

SECTION 403. ISSUANCE OF CERTIFICATION.

SECTION 404. CERTIFICATION FORM.

SECTION 405. DURATION.

CHAPTER 5. PATIENTS

SECTION 501. IDENTIFICATION CARDS.

SECTION 502. CAREGIVERS.

SECTION 503. NOTICE.

SECTION 503.1. VERIFICATION.

SECTION 504. SPECIAL CONDITIONS.

SECTION 505. (RESERVED).

SECTION 506. MINORS.

SECTION 507. CAREGIVER AUTHORIZATION AND LIMITATIONS.

SECTION 508. CONTENTS OF IDENTIFICATION CARD.

SECTION 509. SUSPENSION.

SECTION 510. PROHIBITIONS.

CHAPTER 6. MEDICAL MARIJUANA ORGANIZATIONS

SECTION 601. MEDICAL MARIJUANA ORGANIZATIONS.

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SECTION 602. PERMITS.

SECTION 603. GRANTING OF PERMIT.

SECTION 604. NOTICE.

SECTION 605. (RESERVED).

SECTION 606. APPLICATION AND ISSUANCE.

SECTION 607. FEES AND OTHER REQUIREMENTS.

SECTION 608. ISSUANCE.

SECTION 609. RELOCATION.

SECTION 610. TERMS OF PERMIT.

SECTION 611. (RESERVED).

SECTION 612. PERMIT RENEWALS.

SECTION 613. SUSPENSION OR REVOCATION.

SECTION 614. CONVICTIONS PROHIBITED.

SECTION 615. DIVERSITY GOALS.

SECTION 616. LIMITATIONS ON PERMITS.

CHAPTER 7. MEDICAL MARIJUANA CONTROLS

SECTION 701. ELECTRONIC TRACKING.

SECTION 702. GROWER/PROCESSORS.

SECTION 703. STORAGE AND TRANSPORTATION.

SECTION 704. LABORATORY.

SECTION 705. PRICES.

CHAPTER 8. DISPENSARIES

SECTION 801. DISPENSING TO PATIENTS AND CAREGIVERS.

SECTION 802. FACILITY REQUIREMENTS.

SECTION 803. POSTING.

CHAPTER 9. TAX ON MEDICAL MARIJUANA

SECTION 901. TAX ON MEDICAL MARIJUANA.

SECTION 902. MEDICAL MARIJUANA PROGRAM FUND.

CHAPTER 11. ADMINISTRATION

SECTION 1101. GOVERNING PRACTICE AND PROCEDURE.

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SECTION 1102. REPORTS BY MEDICAL MARIJUANA ORGANIZATIONS.

SECTION 1103. LAW ENFORCEMENT NOTIFICATION.

SECTION 1104. EVALUATION.

SECTION 1105. REPORT.

SECTION 1106. (RESERVED).

SECTION 1107. TEMPORARY REGULATIONS.

CHAPTER 12. MEDICAL MARIJUANA ADVISORY BOARD

SECTION 1201. ADVISORY BOARD.

SECTION 1202. REGULATIONS BASED ON RECOMMENDATIONS OF ADVISORY

BOARD.

CHAPTER 13. OFFENSES RELATED TO MEDICAL MARIJUANA

SECTION 1301. CRIMINAL DIVERSION OF MEDICAL MARIJUANA BY

PRACTITIONERS.

SECTION 1302. CRIMINAL DIVERSION OF MEDICAL MARIJUANA BY

MEDICAL MARIJUANA ORGANIZATIONS.

SECTION 1303. CRIMINAL RETENTION OF MEDICAL MARIJUANA.

SECTION 1304. CRIMINAL DIVERSION OF MEDICAL MARIJUANA BY

PATIENT OR CAREGIVER.

SECTION 1305. FALSIFICATION OF IDENTIFICATION CARDS.

SECTION 1306. ADULTERATION OF MEDICAL MARIJUANA.

SECTION 1307. DISCLOSURE OF INFORMATION PROHIBITED.

SECTION 1308. ADDITIONAL PENALTIES.

SECTION 1309. OTHER RESTRICTIONS.

CHAPTER 19. RESEARCH PROGRAM

SECTION 1901. DEFINITIONS.

SECTION 1902. ESTABLISHMENT OF MEDICAL MARIJUANA RESEARCH

PROGRAM.

SECTION 1903. MEDICAL MARIJUANA RESEARCH PROGRAM

ADMINISTRATION.

SECTION 1904. APPROVAL.

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SECTION 1905. REQUIREMENTS.

SECTION 1906. RESTRICTIONS.

SECTION 1907. REGULATIONS.

SECTION 1908. NONENTITLEMENT.

CHAPTER 20. ACADEMIC CLINICAL RESEARCH CENTERS

SECTION 2001. DEFINITIONS.

SECTION 2002. CLINICAL REGISTRANTS.

SECTION 2003. RESEARCH STUDY.

CHAPTER 21. MISCELLANEOUS PROVISIONS

SECTION 2101. CONFLICT.

SECTION 2101.1. FINANCIAL AND EMPLOYMENT INTERESTS.

SECTION 2102. INSURERS.

SECTION 2103. PROTECTIONS FOR PATIENTS AND CAREGIVERS.

SECTION 2104. SCHOOLS.

SECTION 2105. DAY-CARE CENTERS.

SECTION 2106. MEDICAL MARIJUANA FROM OTHER STATES.

SECTION 2107. ZONING.

SECTION 2108. NOTICE.

SECTION 2109. APPLICABILITY.

SECTION 2110. EFFECTIVE DATE.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

CHAPTER 1

PRELIMINARY PROVISIONS

Section 101. Short title.

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

Marijuana Act.

Section 102. Declaration of policy.

The General Assembly finds and declares as follows:

(1) Scientific evidence suggests that medical marijuana

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is one potential therapy that may mitigate suffering in some

patients and also enhance quality of life.

(2) The Commonwealth is committed to patient safety.

Carefully regulating the program which allows access to

medical marijuana will enhance patient safety while research

into its effectiveness continues.

(3) It is the intent of the General Assembly to:

(i) Provide a program of access to medical marijuana

which balances the need of patients to have access to the

latest treatments with the need to promote patient

safety.

(ii) Provide a safe and effective method of delivery

of medical marijuana to patients.

(iii) Promote high quality research into the

effectiveness and utility of medical marijuana.

(4) It is the further intention of the General Assembly

that any Commonwealth-based program to provide access to

medical marijuana serve as a temporary measure, pending

Federal approval of and access to medical marijuana through

traditional medical and pharmaceutical avenues.

Section 103. Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Advisory board." The advisory board established under

section 1106.

"Caregiver." The individual designated by a patient or, if

the patient is under 18 years of age, an individual under

section 508(2), to deliver medical marijuana.

"Certified medical use." The acquisition, possession, use or

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transportation of medical marijuana by a patient, or the

acquisition, possession, delivery, transportation or

administration of medical marijuana by a caregiver, for use as

part of the treatment of the patient's serious medical

condition, as authorized in a certification under this act,

including enabling the patient to tolerate treatment for the

serious medical condition.

"Certified registered nurse practitioner." As defined in

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

The Professional Nursing Law.

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

persons acting in concert of a controlling interest in an

applicant or registrant either all at one time or over the span

of a 12-consecutive-month period.

"Continuing care." Treating a patient, in the course of

which the practitioner has completed a full assessment of the

patient's medical history and current medical condition,

including an in-person consultation with the patient.

"Controlling interest." As follows:

(1) The term shall mean the following:

(i) For a publicly traded entity, voting rights that

entitle a person to elect or appoint one or more of the

members of the board of directors or other governing

board or the ownership or beneficial holding of 5% or

more of the securities of the publicly traded entity.

(ii) For a privately held entity, the ownership of

any security in the entity.

(2) For purposes of this definition, the term "security"

is as defined in section 102(t) of the act of December 5,

1972 (P.L.1280, No.284), known as the Pennsylvania Securities

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Act of 1972.

"Department." The Department of Health of the Commonwealth.

"Dispensary." A person, including a natural person,

corporation, partnership, association, trust or other entity, or

any combination thereof, which is registered by the department

to dispense medical marijuana. The term does not include a

health care medical marijuana organization under Chapter 19.

"Family or household member." As defined in 23 Pa.C.S. §

6102 (relating to definitions).

"Financial backer." An investor, mortgagee, bondholder, note

holder or other source of equity of an applicant other than a

financial institution.

"Financial institution." A bank, a national banking

association, a bank and trust company, a trust company, a

savings and loan association, a building and loan association, a

mutual savings bank, a credit union or a savings bank.

"Form of medical marijuana." The characteristics of the

medical marijuana recommended or limited for a particular

patient, including the method of consumption and any particular

dosage, strain, variety and quantity or percentage of medical

marijuana or particular active ingredient.

"Fund." The Medical Marijuana Program Fund established in

section 902.

"Grower/processor." A person, including a natural person,

corporation, partnership, association, trust or other entity, or

any combination thereof, which is registered by the department

under this act to grow and process medical marijuana. The term

does not include a health care medical marijuana organization

under Chapter 19.

"Identification card." A document issued under section 505

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that permits access to medical marijuana under this act.

"Individual dose." A single measure of medical marijuana.

"Keystone opportunity zone." As defined in section 103 of

the act of October 6, 1998 (P.L.705, No.92), known as the

Keystone Opportunity Zone, Keystone Opportunity Expansion Zone

and Keystone Opportunity Improvement Zone Act.

"Medical marijuana." Marijuana for medical use as set forth

in this act.

"Medical marijuana organization." A dispensary or a

grower/processor. The term does not include a health care

medical marijuana organization under Chapter 19.

"Patient." An individual who:

(1) has a serious medical condition;

(2) has met the requirements for certification under

this act; and

(3) is a resident of this Commonwealth.

"Physician assistant." As defined in section 2 of the act of

December 20, 1985 (P.L.457, No.112), known as the Medical

Practice Act of 1985, and section 2 of the act of October 5,

1978 (P.L.1109, No.261), known as the Osteopathic Medical

Practice Act.

"Practitioner." A physician who is registered with the

department under section 302.

"Prescription drug monitoring program." The Achieving Better

Care by Monitoring All Prescriptions Program (ABC-MAP).

"Principal." An officer, director or person who directly

owns a beneficial interest in or ownership of the securities of

an applicant or registrant, a person who has a controlling

interest in an applicant or registrant or who has the ability to

elect the majority of the board of directors of an applicant or

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registrant or otherwise control an applicant or registrant,

other than a financial institution.

"Registry." The registry established by the department under

section 301(1).

"Secretary." The Secretary of Health of the Commonwealth.

"Serious medical condition." Any of the following:

(1) Cancer.

(2) Positive status for human immunodeficiency virus or

acquired immune deficiency syndrome.

(3) Amyotrophic lateral sclerosis.

(4) Parkinson's disease.

(5) Multiple sclerosis.

(6) Damage to the nervous tissue of the spinal cord with

objective neurological indication of intractable spasticity.

(7) Epilepsy.

(8) Inflammatory bowel disease.

(9) Neuropathies.

(10) Huntington's disease.

(11) Crohn's disease.

(12) Post-traumatic stress disorder.

(13) Intractable seizures.

(14) Glaucoma.

(15) Sickle cell anemia.

(16) Severe chronic or intractable pain of neuropathic

origin or severe chronic or intractable pain in which

conventional therapeutic intervention and opiate therapy is

contraindicated or ineffective.

(17) Autism.

"Terminally ill." A medical prognosis of life expectancy of

approximately one year or less if the illness runs its normal

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course.

CHAPTER 3

PROGRAM

Section 301. Program established.

A medical marijuana program for patients suffering from

serious medical conditions is established. The program shall be

administered by the department. The department shall have the

authority to do all things necessary to fulfill its

responsibilities in implementing this act. At minimum, the

department shall:

(1) Establish and maintain a computerized registry

containing information set forth in this act relating to

patients certified to use medical marijuana, caregivers,

practitioners and medical marijuana organizations, which

shall include identification numbers for patients and

caregivers and the certification information required to be

submitted to the department under section 501(e)(2).

(1.1) Establish within the computerized registry a

separate, electronic database to be used by the department

and dispensaries and which contains the information set forth

in section 703(a)(1), (2), (3), (4) and (5) and such

additional information that the department may require by

regulation. The registry and database shall be capable of

providing information in real time. The database shall be

capable of receiving information from a dispensary regarding

the disbursement of medical marijuana to patients and

caregivers and verification of the form of medical marijuana.

Dispensaries shall have real-time access to information in

the database:

(i) To ensure that medical marijuana is not diverted

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or otherwise used for unlawful purposes.

(ii) To establish the authenticity of identification

cards.

(iii) To provide the form of medical marijuana

provided in the certification by the practitioner.

(2) Develop and implement procedures for:

(i) Issuance of identification cards to patients and

caregivers.

(ii) Review and approval of certifications submitted

by practitioners.

(iii) Review of the credentials of practitioners who

submit certifications.

(iv) Review and approval of applications for

identification cards.

(v) Review and approval of applications to become

registered with the department as a medical marijuana

organization.

(vi) Review and approval of applications of

physicians to become registered with the department as

practitioners.

(3) Develop a four-hour course for physicians regarding

the latest scientific research on medical marijuana,

including the risks and benefits of medical marijuana, and

any other subjects deemed necessary by the department. The

State Board of Medicine and the State Board of Osteopathic

Medicine shall approve continuing education credit for any

physician who successfully completes the course. The State

Board of Pharmacy shall approve continuing education credit

for any pharmacist who successfully completes the course

pursuant to the requirement in section 707(9). The State

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Board of Nursing shall approve continuing education credit

for a certified registered nurse practitioner who

successfully completes the course pursuant to the requirement

in section 707(9). The State Board of Medicine and the State

Board of Osteopathic Medicine shall approve continuing

education credit for a physician assistant who successfully

completes the course pursuant to the requirement in section

707(9).

(4) Develop a two-hour course for the principals and

employees of a medical marijuana organization who either come

into contact with patients or caregivers or who physically

handle medical marijuana. Employees must successfully

complete the course no later than 90 days after commencing

employment. Principals must successfully complete the course

prior to commencing initial operation of the medical

marijuana organization. The subject matter of the course

shall encompass the following:

(i) Recognizing unauthorized suspected activity

under this act and the regulations promulgated by the

department, including criminal diversion of medical

marijuana and falsification of identification cards.

(ii) Proper handling of medical marijuana and

recordkeeping.

(iii) Proper reporting of suspected unauthorized

activity, including activities under subparagraph (i), to

law enforcement.

(iv) Any other subject necessary to ensure

compliance with this act and regulations promulgated

under this act, as determined by the department.

(5) Develop a procedure for announced and unannounced

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inspections by the department of the facilities for growing,

processing or dispensing or selling medical marijuana, and of

the books, papers and tracking and other systems utilized by

medical marijuana organizations required by this act.

(6) Establish a manner and method to administer research

studies to be operated by vertically integrated health

systems in order to collect research data on the use of

medical marijuana to treat serious medical conditions in

accordance with Chapter 19.

(7) Establish and maintain public outreach efforts about

this act. The efforts shall include:

(i) A dedicated telephone number regarding medical

marijuana so that patients, caregivers and members of the

public may call to obtain basic information about the

dispensing of medical marijuana under this act.

(ii) A publicly accessible Internet website which

provides information about the medical marijuana program.

At a minimum, the website shall contain:

(A) Basic information designed to educate the

public regarding the medical marijuana program.

(B) The information set forth in section

301.1(b).

(D) The information provided to the department

under section 1102(a)(2) by medical marijuana

organizations. This information shall be posted on

the department's publicly accessible Internet website

as soon as is practicable after receipt of the

information from the medical marijuana organizations.

(8) Collaborate as necessary, as determined by the

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secretary, with other Commonwealth agencies or to contract

with third parties to assist the department in fulfilling its

responsibilities under this act.

(9) Determine the minimum number and type of medical

marijuana to be produced by a grower/processor and dispensed

by a dispensary.

Section 301.1. Confidentiality and public disclosure.

(a) Patient information.--The department shall maintain a

confidential list of patients and caregivers to whom it has

issued identification cards. Individual identifying information

about patients and caregivers obtained by the department,

including certifications issued by practitioners, the

information on identification cards and information provided by

the Pennsylvania State Police pursuant to section 506(b) shall

be confidential and exempt from public disclosure, including

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

known as the Right-to-Know Law.

(b) Medical marijuana organizations and practitioners.--The

following are public records under the Right-to-Know Law:

(1) An application for registration as a medical

marijuana organization. The department shall maintain a

separate list of names, addresses and telephone numbers of

medical marijuana organizations.

(2) The names, business addresses and medical

credentials of practitioners. All other practitioner

registration information shall be confidential and exempt

from public disclosure under the Right-to-Know Law.

(3) Information relating to penalties assessed against

medical marijuana organizations and practitioners by the

department for violation of this act.

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Section 302. Practitioner registration.

(a) Eligibility.--A physician who satisfies the following is

eligible for inclusion in the registry:

(1) The physician applies for registration in the form

and manner required by the department.

(2) The department determines that the physician is, by

training or experience, qualified to treat a serious medical

condition. The physician shall provide documentation of

required credentials, training or experience as required by

the department.

(3) The physician has successfully completed the course

under section 301(3).

(b) Department action.--The department shall review an

application submitted by a physician to determine whether to

include the physician in the registry. The review shall include

information maintained by the Department of State regarding

whether the physician has a valid, unexpired, unrevoked,

unsuspended Pennsylvania license to practice medicine and

whether the physician has been subject to discipline. The review

shall be conducted each time the department reviews

certifications under section 501. If the physician is not the

holder of a valid, unexpired, unrevoked, unsuspended

Pennsylvania license to practice medicine, then the department

shall deny the certification and shall remove the physician from

the registry until such time as the physician holds a valid,

unexpired, unrevoked, unsuspended Pennsylvania license to

practice medicine. A physician who is listed in the registry is

authorized to issue a certification to use medical marijuana.

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

20150SB0003PN1680 - 22 -

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

20150SB0003PN1680 - 23 -

(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

20150SB0003PN1680 - 24 -

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

20150SB0003PN1680 - 25 -

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

20150SB0003PN1680 - 26 -

$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.

20150SB0003PN1680 - 27 -

(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

20150SB0003PN1680 - 28 -

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

20150SB0003PN1680 - 29 -

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

20150SB0003PN1680 - 30 -

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

20150SB0003PN1680 - 31 -

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.

20150SB0003PN1680 - 32 -

(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

20150SB0003PN1680 - 33 -

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

20150SB0003PN1680 - 34 -

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

20150SB0003PN1680 - 35 -

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."

20150SB0003PN1680 - 36 -

(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

20150SB0003PN1680 - 37 -

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

20150SB0003PN1680 - 38 -

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

20150SB0003PN1680 - 39 -

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

20150SB0003PN1680 - 40 -

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

20150SB0003PN1680 - 41 -

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

20150SB0003PN1680 - 42 -

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

20150SB0003PN1680 - 43 -

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

20150SB0003PN1680 - 44 -

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.

20150SB0003PN1680 - 45 -

(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.

20150SB0003PN1680 - 46 -

(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

20150SB0003PN1680 - 47 -

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:

20150SB0003PN1680 - 48 -

(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

20150SB0003PN1680 - 49 -

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

20150SB0003PN1680 - 50 -

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).

20150SB0003PN1680 - 51 -

"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

20150SB0003PN1680 - 52 -

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

20150SB0003PN1680 - 53 -

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

20150SB0003PN1680 - 54 -

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

20150SB0003PN1680 - 55 -

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.

20150SB0003PN1680 - 56 -

(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.

20150SB0003PN1680 - 57 -

(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

20150SB0003PN1680 - 58 -

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

20150SB0003PN1680 - 59 -

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

20150SB0003PN1680 - 60 -

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

20150SB0003PN1680 - 61 -

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

20150SB0003PN1680 - 62 -

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

20150SB0003PN1680 - 63 -

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

20150SB0003PN1680 - 64 -

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

20150SB0003PN1680 - 65 -

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

20150SB0003PN1680 - 66 -

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

20150SB0003PN1680 - 74 -

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.

20150SB0003PN1680 - 76 -

(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.

20150SB0003PN1680 - 78 -

(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

20150SB0003PN1680 - 79 -

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,

20150SB0003PN1680 - 80 -

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.

20150SB0003PN1680 - 81 -

(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

20150SB0003PN1680 - 82 -

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

20150SB0003PN1680 - 83 -

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

20150SB0003PN1680 - 84 -

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

20150SB0003PN1680 - 85 -

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

20150SB0003PN1680 - 86 -

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

20150SB0003PN1680 - 87 -

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.

20150SB0003PN1680 - 88 -

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.

CHAPTER 1

PRELIMINARY PROVISIONS

SECTION 101. SHORT TITLE.

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

MARIJUANA ACT.

SECTION 102. DECLARATION OF POLICY.

THE GENERAL ASSEMBLY FINDS AND DECLARES AS FOLLOWS:

(1) SCIENTIFIC EVIDENCE SUGGESTS THAT MEDICAL MARIJUANA

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<--

IS ONE POTENTIAL THERAPY THAT MAY MITIGATE SUFFERING IN SOME

PATIENTS AND ALSO ENHANCE QUALITY OF LIFE.

(2) THE COMMONWEALTH IS COMMITTED TO PATIENT SAFETY.

CAREFULLY REGULATING THE PROGRAM WHICH ALLOWS ACCESS TO

MEDICAL MARIJUANA WILL ENHANCE PATIENT SAFETY WHILE RESEARCH

INTO ITS EFFECTIVENESS CONTINUES.

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

(I) PROVIDE A PROGRAM OF ACCESS TO MEDICAL MARIJUANA

WHICH BALANCES THE NEED OF PATIENTS TO HAVE ACCESS TO THE

LATEST TREATMENTS WITH THE NEED TO PROMOTE PATIENT

SAFETY.

(II) PROVIDE A SAFE AND EFFECTIVE METHOD OF DELIVERY

OF MEDICAL MARIJUANA TO PATIENTS.

(III) PROMOTE HIGH QUALITY RESEARCH INTO THE

EFFECTIVENESS AND UTILITY OF MEDICAL MARIJUANA.

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

THAT ANY COMMONWEALTH-BASED PROGRAM TO PROVIDE ACCESS TO

MEDICAL MARIJUANA SERVE AS A TEMPORARY MEASURE, PENDING

FEDERAL APPROVAL OF AND ACCESS TO MEDICAL MARIJUANA THROUGH

TRADITIONAL MEDICAL AND PHARMACEUTICAL AVENUES.

SECTION 103. DEFINITIONS.

THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL

HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE

CONTEXT CLEARLY INDICATES OTHERWISE:

"ADVISORY BOARD." THE ADVISORY BOARD ESTABLISHED UNDER

SECTION 1201.

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

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

SECTION 506(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 PERMITTEE 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) 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.

(2) FOR A PRIVATELY HELD ENTITY, THE OWNERSHIP OF ANY

SECURITY IN THE ENTITY.

"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 HOLDS A PERMIT ISSUED BY THE

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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, CAPITAL OR OTHER ASSETS, 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 HOLDS A PERMIT FROM 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 501

THAT AUTHORIZES ACCESS TO MEDICAL MARIJUANA UNDER THIS ACT.

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

"MEDICAL MARIJUANA." MARIJUANA FOR CERTIFIED MEDICAL USE AS

SET FORTH IN THIS ACT.

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"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.

"PERMIT." AN AUTHORIZATION ISSUED BY THE DEPARTMENT TO A

MEDICAL MARIJUANA ORGANIZATION TO CONDUCT ACTIVITIES UNDER THIS

ACT.

"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 401.

"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 PERMITTEE, A PERSON WHO HAS A CONTROLLING

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

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

PERMITTEE OR OTHERWISE CONTROL AN APPLICANT OR PERMITTEE, OTHER

THAN A FINANCIAL INSTITUTION.

"REGISTRY." THE REGISTRY ESTABLISHED BY THE DEPARTMENT FOR

PRACTITIONERS.

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

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"SECURITY." AS DEFINED IN SECTION 102(T) OF THE ACT OF

DECEMBER 5, 1972 (P.L.1280, NO.284), KNOWN AS THE PENNSYLVANIA

SECURITIES ACT OF 1972.

"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

COURSE.

CHAPTER 3

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PROGRAM

SECTION 301. PROGRAM ESTABLISHED.

(A) ESTABLISHMENT.--A MEDICAL MARIJUANA PROGRAM FOR PATIENTS

SUFFERING FROM SERIOUS MEDICAL CONDITIONS IS ESTABLISHED. THE

PROGRAM SHALL BE IMPLEMENTED AND ADMINISTERED BY THE DEPARTMENT.

THE DEPARTMENT SHALL:

(1) ISSUE PERMITS TO MEDICAL MARIJUANA ORGANIZATIONS TO

AUTHORIZE THEM TO GROW, PROCESS OR DISPENSE MEDICAL MARIJUANA

AND ENSURE THEIR COMPLIANCE WITH THIS ACT.

(2) REGISTER PRACTITIONERS AND ENSURE THEIR COMPLIANCE

WITH THIS ACT.

(3) HAVE REGULATORY AND ENFORCEMENT AUTHORITY OVER THE

GROWING, PROCESSING, SALE AND USE OF MEDICAL MARIJUANA IN

THIS COMMONWEALTH.

(4) ESTABLISH AND MAINTAIN AN ELECTRONIC DATABASE TO

INCLUDE ACTIVITIES AND INFORMATION RELATING TO MEDICAL

MARIJUANA ORGANIZATIONS, CERTIFICATIONS AND IDENTIFICATION

CARDS ISSUED, PRACTITIONER REGISTRATION AND ELECTRONIC

TRACKING OF ALL MEDICAL MARIJUANA AS REQUIRED UNDER THIS ACT

TO INCLUDE:

(I) ENSURANCE THAT MEDICAL MARIJUANA IS NOT DIVERTED

OR OTHERWISE USED FOR UNLAWFUL PURPOSES BY A PRACTITIONER

OR MEDICAL MARIJUANA ORGANIZATION.

(II) ABILITY TO ESTABLISH THE AUTHENTICITY OF

IDENTIFICATION CARDS.

(III) RECORDING RECOMMENDED FORMS OF MEDICAL

MARIJUANA PROVIDED IN A CERTIFICATION FILED BY THE

PRACTITIONER.

(IV) MONITORING ALL GROWTH, TRANSFER, POSSESSION,

PROCESSING, TESTING AND DISPENSING OF MEDICAL MARIJUANA

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IN THIS COMMONWEALTH.

(V) THE TRACKING SYSTEM UNDER SECTION 701 THAT MUST

INCLUDE INFORMATION UNDER SECTION 801(A) AND ANY OTHER

INFORMATION REQUIRED BY THE DEPARTMENT TO BE USED BY THE

DEPARTMENT AND DISPENSARIES TO ENABLE A DISPENSARY TO

LAWFULLY PROVIDE MEDICAL MARIJUANA. THE TRACKING SYSTEM

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. THIS

INFORMATION SHALL BE IMMEDIATELY ACCESSIBLE TO THE

DEPARTMENT AND OTHER DISPENSARIES TO INHIBIT DIVERSION

AND ENSURE COMPLIANCE WITH THIS ACT.

(5) MAINTAIN A DIRECTORY OF PATIENTS AND CAREGIVERS

APPROVED TO USE OR ASSIST IN THE ADMINISTRATION OF MEDICAL

MARIJUANA WITHIN THE DEPARTMENT'S DATABASE.

(6) DEVELOP A FOUR-HOUR TRAINING COURSE FOR PHYSICIANS,

PHARMACISTS, CERTIFIED REGISTERED NURSE PRACTITIONERS AND

PHYSICIAN ASSISTANTS REGARDING THE LATEST SCIENTIFIC RESEARCH

ON MEDICAL MARIJUANA, INCLUDING THE RISKS AND BENEFITS OF

MEDICAL MARIJUANA, AND OTHER INFORMATION DEEMED NECESSARY BY

THE DEPARTMENT. SUCCESSFUL COMPLETION OF THE COURSE SHALL BE

APPROVED AS CONTINUING EDUCATION CREDITS AS DETERMINED BY:

(I) THE STATE BOARD OF MEDICINE AND THE STATE BOARD

OF OSTEOPATHIC MEDICINE.

(II) THE STATE BOARD OF PHARMACY.

(III) THE STATE BOARD OF NURSING.

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

EMPLOYEES OF A MEDICAL MARIJUANA ORGANIZATION WHO EITHER HAVE

DIRECT CONTACT WITH PATIENTS OR CAREGIVERS OR WHO PHYSICALLY

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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 INCLUDE THE FOLLOWING:

(I) METHODS TO RECOGNIZE AND REPORT UNAUTHORIZED

ACTIVITY, INCLUDING DIVERSION OF MEDICAL MARIJUANA FOR

UNLAWFUL PURPOSES AND FALSIFICATION OF IDENTIFICATION

CARDS.

(II) PROPER HANDLING OF MEDICAL MARIJUANA AND

RECORDKEEPING.

(III) ANY OTHER SUBJECT REQUIRED BY THE DEPARTMENT.

(8) DEVELOP ENFORCEMENT PROCEDURES, INCLUDING ANNOUNCED

AND UNANNOUNCED INSPECTIONS OF FACILITIES OF

GROWER/PROCESSORS AND DISPENSARIES AND ALL RECORDS OF THE

MEDICAL MARIJUANA ORGANIZATIONS.

(9) ESTABLISH A PROGRAM TO AUTHORIZE THE USE OF MEDICAL

MARIJUANA TO CONDUCT MEDICAL RESEARCH RELATING TO THE USE OF

MEDICAL MARIJUANA TO TREAT SERIOUS MEDICAL CONDITIONS,

INCLUDING THE COLLECTION OF DATA AND THE PROVISION OF

RESEARCH GRANTS.

(10) ESTABLISH AND MAINTAIN PUBLIC OUTREACH PROGRAMS

ABOUT THE MEDICAL MARIJUANA PROGRAM, INCLUDING:

(I) A DEDICATED TELEPHONE NUMBER FOR PATIENTS,

CAREGIVERS AND MEMBERS OF THE PUBLIC TO OBTAIN BASIC

INFORMATION ABOUT THE DISPENSING OF MEDICAL MARIJUANA

UNDER THIS ACT.

(II) A PUBLICLY ACCESSIBLE INTERNET WEBSITE WITH

SIMILAR INFORMATION.

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(11) COLLABORATE AS NECESSARY WITH OTHER COMMONWEALTH

AGENCIES OR CONTRACT WITH THIRD PARTIES AS NECESSARY TO CARRY

OUT THE PROVISIONS OF THIS ACT.

(12) DETERMINE THE MINIMUM NUMBER AND TYPE OF MEDICAL

MARIJUANA PRODUCTS TO BE PRODUCED BY A GROWER/PROCESSOR AND

DISPENSED BY A DISPENSARY.

(13) DEVELOP RECORDKEEPING REQUIREMENTS FOR ALL BOOKS,

PAPERS, ANY ELECTRONIC DATABASE OR TRACKING SYSTEM DATA AND

OTHER INFORMATION OF A MEDICAL MARIJUANA ORGANIZATION.

INFORMATION SHALL BE RETAINED FOR A MINIMUM PERIOD OF TWO

YEARS UNLESS OTHERWISE PROVIDED BY THE DEPARTMENT.

(14) RESTRICT THE ADVERTISING AND MARKETING OF MEDICAL

MARIJUANA, WHICH SHALL BE CONSISTENT WITH THE FEDERAL

REGULATIONS GOVERNING PRESCRIPTION DRUG ADVERTISING AND

MARKETING.

(B) REGULATIONS.--THE DEPARTMENT SHALL PROMULGATE ALL

REGULATIONS NECESSARY TO CARRY OUT THE PROVISIONS OF THIS ACT.

SECTION 302. 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. ALL INFORMATION OBTAINED BY THE

DEPARTMENT RELATING TO PATIENTS, CAREGIVERS AND OTHER APPLICANTS

SHALL BE CONFIDENTIAL AND NOT SUBJECT TO PUBLIC DISCLOSURE,

INCLUDING DISCLOSURE UNDER THE ACT OF FEBRUARY 14, 2008 (P.L.6,

NO.3), KNOWN AS THE RIGHT-TO-KNOW LAW, INCLUDING:

(1) INDIVIDUAL IDENTIFYING INFORMATION ABOUT PATIENTS

AND CAREGIVERS.

(2) CERTIFICATIONS ISSUED BY PRACTITIONERS.

(3) INFORMATION ON IDENTIFICATION CARDS.

(4) INFORMATION PROVIDED BY THE PENNSYLVANIA STATE

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POLICE UNDER SECTION 502(B).

(5) INFORMATION RELATING TO THE PATIENT'S SERIOUS

MEDICAL CONDITION.

(B) PUBLIC INFORMATION.--THE FOLLOWING RECORDS ARE PUBLIC

RECORDS AND SHALL BE SUBJECT TO THE RIGHT-TO-KNOW LAW:

(1) APPLICATIONS FOR PERMITS SUBMITTED BY MEDICAL

MARIJUANA ORGANIZATIONS.

(2) THE NAMES, BUSINESS ADDRESSES AND MEDICAL

CREDENTIALS OF PRACTITIONERS AUTHORIZED TO PROVIDE

CERTIFICATIONS TO PATIENTS TO ENABLE THEM TO OBTAIN AND USE

MEDICAL MARIJUANA IN THIS COMMONWEALTH. ALL OTHER

PRACTITIONER REGISTRATION INFORMATION SHALL BE CONFIDENTIAL

AND EXEMPT FROM PUBLIC DISCLOSURE UNDER THE RIGHT-TO-KNOW

LAW.

(3) INFORMATION RELATING TO PENALTIES OR OTHER

DISCIPLINARY ACTIONS TAKEN AGAINST A MEDICAL MARIJUANA

ORGANIZATION OR PRACTITIONER BY THE DEPARTMENT FOR VIOLATION

OF THIS ACT.

SECTION 303. LAWFUL USE OF MEDICAL MARIJUANA.

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

THE CONTRARY, USE OR POSSESSION OF MEDICAL MARIJUANA AS SET

FORTH IN THIS ACT IS LAWFUL WITHIN THIS COMMONWEALTH.

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

SUBJECT TO THE FOLLOWING:

(1) MEDICAL MARIJUANA MAY ONLY BE DISPENSED TO:

(I) A PATIENT WHO RECEIVES A CERTIFICATION FROM A

PRACTITIONER AND IS IN POSSESSION OF A VALID

IDENTIFICATION CARD ISSUED BY THE DEPARTMENT; AND

(II) A CAREGIVER WHO IS IN POSSESSION OF A VALID

IDENTIFICATION CARD ISSUED BY THE DEPARTMENT.

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(2) SUBJECT TO REGULATIONS PROMULGATED UNDER THIS ACT,

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, EXCLUDING DRY LEAF OR

PLANT FORM UNTIL DRY LEAF OR PLANT FORMS BECOME

ACCEPTABLE UNDER REGULATIONS ADOPTED UNDER SECTION 1202;

(V) TINCTURE; OR

(VI) LIQUID.

(3) UNLESS OTHERWISE PROVIDED IN REGULATIONS ADOPTED BY

THE DEPARTMENT UNDER SECTION 1202, MEDICAL MARIJUANA MAY NOT

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

FORM.

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

THAN FIVE PATIENTS.

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

ONE TIME.

(6) MEDICAL MARIJUANA THAT HAS NOT BEEN USED BY THE

PATIENT SHALL BE KEPT IN THE ORIGINAL PACKAGE IN WHICH IT WAS

DISPENSED.

(7) A PATIENT OR CAREGIVER SHALL POSSESS AN

IDENTIFICATION CARD WHENEVER THE PATIENT OR CAREGIVER IS IN

POSSESSION OF MEDICAL MARIJUANA.

(8) PRODUCTS PACKAGED BY A GROWER/PROCESSOR OR SOLD BY A

DISPENSARY SHALL ONLY BE IDENTIFIED BY THE NAME OF THE

GROWER/PROCESSOR, THE NAME OF THE DISPENSARY, THE FORM AND

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SPECIES OF MEDICAL MARIJUANA, THE PERCENTAGE OF

TETRAHYDROCANNABINOL AND CANNABINOL CONTAINED IN THE PRODUCT

AND ANY OTHER LABELING REQUIRED BY THE DEPARTMENT.

SECTION 304. UNLAWFUL USE OF MEDICAL MARIJUANA.

(A) GENERAL RULE.--EXCEPT AS PROVIDED IN SECTION 303,

SECTION 704, CHAPTER 19 OR CHAPTER 20, THE USE OF MEDICAL

MARIJUANA 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.--IT IS UNLAWFUL TO:

(1) SMOKE MEDICAL MARIJUANA.

(2) EXCEPT AS PROVIDED UNDER SUBSECTION (C), INCORPORATE

MEDICAL MARIJUANA INTO EDIBLE FORM.

(3) GROW MEDICAL MARIJUANA UNLESS THE GROWER/PROCESSOR

HAS RECEIVED A PERMIT FROM THE DEPARTMENT UNDER THIS ACT.

(4) GROW OR DISPENSE MEDICAL MARIJUANA UNLESS AUTHORIZED

AS A HEALTH CARE MEDICAL MARIJUANA ORGANIZATION UNDER CHAPTER

19.

(5) DISPENSE MEDICAL MARIJUANA UNLESS THE DISPENSARY HAS

RECEIVED A PERMIT FROM THE DEPARTMENT UNDER THIS ACT.

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.

CHAPTER 4

PRACTITIONERS

SECTION 401. PRACTITIONER REGISTRATION.

(A) ELIGIBILITY.--A PHYSICIAN INCLUDED IN THE REGISTRY IS

AUTHORIZED TO ISSUE CERTIFICATIONS TO PATIENTS TO USE MEDICAL

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MARIJUANA. TO BE ELIGIBLE FOR INCLUSION IN THE REGISTRY:

(1) A PHYSICIAN MUST APPLY FOR REGISTRATION IN THE FORM

AND MANNER REQUIRED BY THE DEPARTMENT.

(2) THE DEPARTMENT MUST DETERMINE THAT THE PHYSICIAN IS,

BY TRAINING OR EXPERIENCE, QUALIFIED TO TREAT A SERIOUS

MEDICAL CONDITION. THE PHYSICIAN SHALL PROVIDE DOCUMENTATION

OF CREDENTIALS, TRAINING OR EXPERIENCE AS REQUIRED BY THE

DEPARTMENT.

(3) THE PHYSICIAN MUST HAVE SUCCESSFULLY COMPLETED THE

COURSE UNDER SECTION 301(A)(6).

(B) DEPARTMENT ACTION.--

(1) 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.

(2) THE INCLUSION OF A PHYSICIAN IN THE REGISTRY SHALL

BE SUBJECT TO ANNUAL REVIEW TO DETERMINE IF THE PHYSICIAN'S

LICENSE IS NO LONGER VALID, HAS EXPIRED OR BEEN REVOKED OR

THE PHYSICIAN HAS BEEN SUBJECT TO DISCIPLINE. IF THE LICENSE

IS NO LONGER VALID, THE DEPARTMENT SHALL REMOVE THE PHYSICIAN

FROM THE REGISTRY UNTIL THE PHYSICIAN HOLDS A VALID,

UNEXPIRED, UNREVOKED, UNSUSPENDED PENNSYLVANIA LICENSE TO

PRACTICE MEDICINE.

(3) THE DEPARTMENT OF STATE SHALL REPORT TO THE

DEPARTMENT THE EXPIRATION, SUSPENSION OR REVOCATION OF A

PHYSICIAN'S LICENSE AND ANY DISCIPLINARY ACTIONS IN A TIMELY

FASHION.

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THE REGISTRY SHALL HAVE AN ONGOING RESPONSIBILITY 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:

(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 402. 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) SHALL NOT BE PERMITTED TO ISSUE CERTIFICATIONS TO

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PATIENTS. THE PRACTITIONER SHALL BE REMOVED FROM THE REGISTRY.

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

SECTION 403(E) 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.

SECTION 403. 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 HAS BEEN APPROVED BY THE DEPARTMENT

FOR INCLUSION IN THE REGISTRY.

(2) THE PRACTITIONER HAS DETERMINED THAT THE PATIENT HAS

A SERIOUS MEDICAL CONDITION AND HAS INCLUDED THE CONDITION IN

THE PATIENT'S HEALTH CARE RECORD.

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

CARE FOR THE SERIOUS MEDICAL CONDITION.

(4) 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.--THE CERTIFICATION SHALL INCLUDE:

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

(2) THE SPECIFIC SERIOUS MEDICAL CONDITION OF THE

PATIENT.

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

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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 AND LIMITATION ON THE

DURATION OF USE, IF APPLICABLE, INCLUDING WHETHER THE PATIENT

IS TERMINALLY ILL.

PRESCRIPTION DRUG MONITORING PROGRAM PRIOR TO:

(1) ISSUING A CERTIFICATION TO DETERMINE THE CONTROLLED

SUBSTANCE HISTORY OF A PATIENT.

(2) RECOMMENDING A CHANGE OF AMOUNT OR FORM OF MEDICAL

MARIJUANA.

(C.1) OTHER ACCESS BY PRACTITIONER.--A PRACTITIONER MAY

ACCESS THE PRESCRIPTION DRUG MONITORING PROGRAM TO DO ANY OF THE

FOLLOWING:

(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.

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

(1) PROVIDE THE CERTIFICATION TO THE PATIENT.

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(2) PROVIDE A COPY OF THE CERTIFICATION TO THE

DEPARTMENT, WHICH SHALL PLACE THE INFORMATION IN THE PATIENT

DIRECTORY WITHIN THE DEPARTMENT'S ELECTRONIC DATABASE. THE

DEPARTMENT SHALL PERMIT ELECTRONIC SUBMISSION OF THE

CERTIFICATION.

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

HEALTH CARE RECORD.

(E) 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 404. CERTIFICATION FORM.

THE DEPARTMENT SHALL DEVELOP A STANDARD CERTIFICATION FORM,

WHICH SHALL BE AVAILABLE TO PRACTITIONERS UPON REQUEST. THE FORM

SHALL BE AVAILABLE 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 405. DURATION.

RECEIPT OF MEDICAL MARIJUANA BY A PATIENT OR CAREGIVER FROM A

DISPENSARY MAY NOT EXCEED A 30-DAY SUPPLY OF INDIVIDUAL DOSES.

DURING THE LAST SEVEN DAYS OF ANY 30-DAY PERIOD DURING THE TERM

OF THE IDENTIFICATION CARD, A PATIENT MAY OBTAIN AND POSSESS A

30-DAY SUPPLY FOR THE SUBSEQUENT 30-DAY PERIOD. ADDITIONAL 30-

DAY SUPPLIES MAY BE PROVIDED IN ACCORDANCE WITH THIS SECTION FOR

THE DURATION OF THE AUTHORIZED PERIOD OF THE IDENTIFICATION CARD

UNLESS A SHORTER PERIOD IS INDICATED ON THE CERTIFICATION.

CHAPTER 5

PATIENTS

SECTION 501. IDENTIFICATION CARDS.

(A) ISSUANCE.--THE DEPARTMENT MAY ISSUE AN IDENTIFICATION

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CARD TO A PATIENT WHO HAS A CERTIFICATION APPROVED BY THE

DEPARTMENT AND TO A CAREGIVER DESIGNATED BY THE PATIENT. AN

IDENTIFICATION CARD ISSUED TO A PATIENT SHALL AUTHORIZE THE

PATIENT TO OBTAIN AND USE MEDICAL MARIJUANA AS AUTHORIZED BY

THIS ACT. AN IDENTIFICATION CARD ISSUED TO A CAREGIVER SHALL

AUTHORIZE THE CAREGIVER TO OBTAIN MEDICAL MARIJUANA ON BEHALF OF

THE PATIENT.

(B) PROCEDURE FOR ISSUANCE.--THE DEPARTMENT SHALL DEVELOP

AND IMPLEMENT PROCEDURES FOR:

(1) REVIEW AND APPROVAL OF APPLICATIONS FOR

IDENTIFICATION CARDS.

(2) ISSUANCE OF IDENTIFICATION CARDS TO PATIENTS AND

CAREGIVERS.

(3) REVIEW OF THE CERTIFICATION SUBMITTED BY THE

PRACTITIONER AND THE PATIENT.

FORM AND MANNER PRESCRIBED BY THE DEPARTMENT, FOR ISSUANCE OR

RENEWAL OF AN IDENTIFICATION CARD. A CAREGIVER MUST SUBMIT A

SEPARATE APPLICATION FOR ISSUANCE OR RENEWAL. EACH APPLICATION

MUST INCLUDE:

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

(2) THE NAME, ADDRESS AND DATE OF BIRTH OF A CAREGIVER.

(3) THE CERTIFICATION ISSUED BY THE PRACTITIONER.

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

PRACTITIONER AND DOCUMENTATION FROM THE PRACTITIONER THAT ALL

OF THE REQUIREMENTS OF SECTION 403(A) HAVE BEEN MET.

(5) A $50 PROCESSING FEE. THE DEPARTMENT MAY WAIVE OR

REDUCE THE FEE IF THE APPLICANT DEMONSTRATES FINANCIAL

HARDSHIP.

(6) THE SIGNATURE OF THE APPLICANT AND DATE SIGNED.

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(7) OTHER INFORMATION REQUIRED BY THE DEPARTMENT.

(D) FORMS.--APPLICATION AND RENEWAL FORMS SHALL BE AVAILABLE

ON THE DEPARTMENT'S PUBLICLY ACCESSIBLE INTERNET WEBSITE.

(E) EXPIRATION.--AN IDENTIFICATION CARD OF A PATIENT OR

CAREGIVER SHALL EXPIRE WITHIN ONE YEAR FROM THE DATE OF

ISSUANCE, UPON THE DEATH OF THE PATIENT, OR AS OTHERWISE

PROVIDED IN THIS SECTION.

(F) SEPARATE CARDS TO BE ISSUED.--THE DEPARTMENT SHALL ISSUE

SEPARATE IDENTIFICATION CARDS FOR PATIENTS AND CAREGIVERS AS

SOON AS REASONABLY PRACTICABLE AFTER RECEIVING COMPLETED

APPLICATIONS, UNLESS IT DETERMINES THAT AN APPLICATION IS

INCOMPLETE OR FACTUALLY INACCURATE, IN WHICH CASE IT SHALL

PROMPTLY NOTIFY THE APPLICANT.

(G) (RESERVED).

(H) 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, THE PATIENT SHALL NOTIFY THE DEPARTMENT WITHIN 10 DAYS

IF THE PATIENT NO LONGER HAS THE SERIOUS MEDICAL CONDITION NOTED

ON THE CERTIFICATION.

(I) 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

$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

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IDENTIFICATION CARD AS SOON AS PRACTICABLE. A PATIENT OR

CAREGIVER MAY NOT OBTAIN MEDICAL MARIJUANA UNTIL THE DEPARTMENT

ISSUES THE REPLACEMENT CARD.

SECTION 502. CAREGIVERS.

(A) REQUIREMENTS.--

(1) 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

AND THE FOLLOWING:

(I) FEDERAL AND COMMONWEALTH CRIMINAL HISTORY RECORD

INFORMATION AS SET FORTH IN SUBSECTION (B).

(II) IF THE CAREGIVER HAS AN IDENTIFICATION CARD FOR

THE CAREGIVER OR ANOTHER PATIENT, THE EXPIRATION DATE OF

THE IDENTIFICATION CARD.

(III) OTHER INFORMATION REQUIRED BY THE DEPARTMENT.

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

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

DEMONSTRATED FINANCIAL HARDSHIP.

(3) THE DEPARTMENT MAY REQUIRE ADDITIONAL INFORMATION

FOR THE APPLICATION.

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

APPLICANT.

(B) CRIMINAL HISTORY.--A CAREGIVER SHALL SUBMIT FINGERPRINTS

FOR THE PURPOSE OF OBTAINING CRIMINAL HISTORY RECORD CHECKS AND

THE PENNSYLVANIA STATE POLICE OR ITS AUTHORIZED AGENT SHALL

SUBMIT THE FINGERPRINTS TO THE FEDERAL BUREAU OF INVESTIGATION

FOR THE PURPOSE OF VERIFYING THE IDENTITY OF THE APPLICANT AND

OBTAINING A CURRENT RECORD OF ANY CRIMINAL ARRESTS AND

CONVICTIONS. ANY CRIMINAL HISTORY RECORD INFORMATION RELATING TO

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A CAREGIVER OBTAINED UNDER THIS SECTION BY THE DEPARTMENT MAY BE

INTERPRETED AND USED BY THE DEPARTMENT ONLY TO DETERMINE THE

APPLICANT'S CHARACTER, FITNESS AND SUITABILITY TO SERVE AS A

CAREGIVER UNDER THIS ACT. THE DEPARTMENT SHALL ALSO REVIEW THE

PRESCRIPTION DRUG MONITORING PROGRAM RELATING TO THE CAREGIVER.

THE DEPARTMENT SHALL DENY THE APPLICATION OF A CAREGIVER WHO HAS

BEEN CONVICTED OF A CRIMINAL OFFENSE THAT OCCURRED WITHIN THE

PAST FIVE YEARS RELATING TO THE SALE OR POSSESSION OF DRUGS,

NARCOTICS OR CONTROLLED SUBSTANCES. THE DEPARTMENT MAY DENY AN

APPLICATION IF THE APPLICANT HAS A HISTORY OF DRUG ABUSE OR OF

DIVERTING CONTROLLED SUBSTANCES OR ILLEGAL DRUGS.

SECTION 503. NOTICE.

AN APPLICATION FOR AN IDENTIFICATION CARD SHALL INCLUDE

NOTICE THAT A FALSE STATEMENT MADE IN THE APPLICATION IS

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

(RELATING TO FALSIFICATION AND INTIMIDATION).

SECTION 503.1. VERIFICATION.

THE DEPARTMENT SHALL VERIFY THE INFORMATION IN A PATIENT OR

CAREGIVER'S APPLICATION AND ON ANY RENEWAL FORM.

SECTION 504. 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

THAT DATE.

(2) 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.

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SECTION 505. (RESERVED).

SECTION 506. 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 507. 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

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 508. CONTENTS OF IDENTIFICATION CARD.

AN IDENTIFICATION CARD SHALL CONTAIN THE FOLLOWING:

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

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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 OR

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.

(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 509. SUSPENSION.

IF A PATIENT OR CAREGIVER INTENTIONALLY, KNOWINGLY OR

RECKLESSLY VIOLATES ANY PROVISION OF THIS ACT AS DETERMINED BY

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 510. 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:

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(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.

(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 6

MEDICAL MARIJUANA ORGANIZATIONS

SECTION 601. MEDICAL MARIJUANA ORGANIZATIONS.

THE FOLLOWING ENTITIES SHALL BE AUTHORIZED TO RECEIVE A

PERMIT TO OPERATE AS A MEDICAL MARIJUANA ORGANIZATION TO GROW,

PROCESS OR DISPENSE MEDICAL MARIJUANA:

(1) GROWER/PROCESSORS.

(2) DISPENSARIES.

SECTION 602. PERMITS.

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(A) APPLICATION.--AN APPLICATION FOR A GROWER/PROCESSOR OR

DISPENSARY PERMIT TO GROW, PROCESS OR DISPENSE MEDICAL MARIJUANA

SHALL BE IN A FORM AND MANNER PRESCRIBED BY THE DEPARTMENT AND

SHALL INCLUDE:

(1) VERIFICATION OF ALL PRINCIPALS, OPERATORS, FINANCIAL

BACKERS OR EMPLOYEES OF A MEDICAL MARIJUANA GROWER/PROCESSOR

OR DISPENSARY.

(2) A DESCRIPTION OF RESPONSIBILITIES AS A PRINCIPAL,

OPERATOR, FINANCIAL BACKER OR EMPLOYEE.

(3) ANY RELEASE NECESSARY TO OBTAIN INFORMATION FROM

GOVERNMENTAL AGENCIES, EMPLOYERS AND OTHER ORGANIZATIONS.

(4) A CRIMINAL HISTORY RECORD CHECK. MEDICAL MARIJUANA

ORGANIZATIONS APPLYING FOR A PERMIT SHALL SUBMIT FINGERPRINTS

OF PRINCIPALS, FINANCIAL BACKERS, OPERATORS AND EMPLOYEES TO

THE PENNSYLVANIA STATE POLICE FOR THE PURPOSE OF OBTAINING

CRIMINAL HISTORY RECORD CHECKS AND THE PENNSYLVANIA STATE

POLICE OR ITS AUTHORIZED AGENT SHALL SUBMIT THE FINGERPRINTS

TO THE FEDERAL BUREAU OF INVESTIGATION FOR THE PURPOSE OF

VERIFYING THE IDENTITY OF THE PRINCIPALS, FINANCIAL BACKERS,

OPERATORS AND EMPLOYEES AND OBTAINING A CURRENT RECORD OF ANY

CRIMINAL ARRESTS AND CONVICTIONS. ANY CRIMINAL HISTORY RECORD

INFORMATION RELATING TO PRINCIPALS, FINANCIAL BACKERS,

OPERATORS AND EMPLOYEES OBTAINED UNDER THIS SECTION BY THE

DEPARTMENT MAY BE INTERPRETED AND USED BY THE DEPARTMENT ONLY

TO DETERMINE THE PRINCIPAL'S, FINANCIAL BACKER'S, OPERATOR'S

AND EMPLOYEE'S CHARACTER, FITNESS AND SUITABILITY TO SERVE AS

A PRINCIPAL, FINANCIAL BACKER, OPERATOR AND EMPLOYEE UNDER

THIS ACT. THIS PARAGRAPH SHALL NOT APPLY TO AN OWNER OF

SECURITIES IN A PUBLICLY TRADED CORPORATION IF THE DEPARTMENT

DETERMINES THAT THE OWNER OF THE SECURITIES IS NOT

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SUBSTANTIALLY INVOLVED IN THE ACTIVITIES OF THE MEDICAL

MARIJUANA ORGANIZATION.

(5) DETAILS RELATING TO A SIMILAR LICENSE, PERMIT OR

OTHER AUTHORIZATION OBTAINED IN ANOTHER JURISDICTION,

INCLUDING ANY SUSPENSIONS, REVOCATIONS OR DISCIPLINE IN THAT

JURISDICTION.

(6) A DESCRIPTION OF THE BUSINESS ACTIVITIES IN WHICH IT

INTENDS TO ENGAGE AS A MEDICAL MARIJUANA ORGANIZATION.

(7) A STATEMENT THAT THE APPLICANT:

(I) IS OF GOOD MORAL CHARACTER. FOR PURPOSES OF THIS

SUBPARAGRAPH, AN APPLICANT SHALL INCLUDE EACH FINANCIAL

BACKER, OPERATOR, EMPLOYEE AND PRINCIPAL OF THE MEDICAL

MARIJUANA ORGANIZATION.

(II) POSSESSES THE ABILITY TO OBTAIN IN AN

EXPEDITIOUS MANNER THE RIGHT TO USE SUFFICIENT LAND,

BUILDINGS AND OTHER PREMISES AND EQUIPMENT TO PROPERLY

CARRY ON THE ACTIVITY DESCRIBED IN THE APPLICATION AND

ANY PROPOSED LOCATION FOR A FACILITY.

(III) IS ABLE TO MAINTAIN EFFECTIVE SECURITY AND

CONTROL TO PREVENT DIVERSION, ABUSE AND OTHER ILLEGAL

CONDUCT RELATING TO MEDICAL MARIJUANA.

(IV) IS ABLE TO COMPLY WITH ALL APPLICABLE

COMMONWEALTH LAWS AND REGULATIONS RELATING TO THE

ACTIVITIES IN WHICH IT INTENDS TO ENGAGE UNDER THIS ACT.

(8) THE NAME, RESIDENTIAL ADDRESS AND TITLE OF EACH

FINANCIAL BACKER AND PRINCIPAL OF THE APPLICANT. EACH

INDIVIDUAL, OR LAWFUL REPRESENTATIVE OF A LEGAL 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

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OTHER BUSINESS, LOCATED INSIDE OR OUTSIDE THIS

COMMONWEALTH, MANUFACTURING OR DISTRIBUTING CONTROLLED

SUBSTANCES.

(II) WHETHER THE PERSON OR BUSINESS HAS BEEN

CONVICTED OF A CRIMINAL OFFENSE GRADED HIGHER THAN A

SUMMARY OFFENSE OR HAS HAD A PERMIT RELATING TO MEDICAL

MARIJUANA SUSPENDED OR REVOKED IN ANY ADMINISTRATIVE OR

JUDICIAL PROCEEDING.

(9) ANY OTHER INFORMATION THE DEPARTMENT MAY REQUIRE.

(B) NOTICE.--AN APPLICATION SHALL INCLUDE NOTICE THAT A

FALSE STATEMENT MADE IN THE APPLICATION IS PUNISHABLE UNDER THE

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

FALSIFICATION AND INTIMIDATION).

SECTION 603. GRANTING OF PERMIT.

(A) GENERAL RULE.--THE DEPARTMENT MAY GRANT OR DENY A PERMIT

TO A GROWER/PROCESSOR OR DISPENSARY.

(A.1) DETERMINATION.--IN MAKING A DECISION UNDER SUBSECTION

(A), THE DEPARTMENT SHALL DETERMINE THAT:

(1) THE APPLICANT WILL MAINTAIN EFFECTIVE CONTROL OF AND

PREVENT DIVERSION OF MEDICAL MARIJUANA.

(2) THE APPLICANT WILL COMPLY WITH ALL APPLICABLE LAWS

OF THIS COMMONWEALTH.

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

CARRY ON THE ACTIVITY FOR WHICH A PERMIT IS SOUGHT.

(4) THE APPLICANT POSSESSES THE ABILITY TO OBTAIN IN AN

EXPEDITIOUS MANNER SUFFICIENT LAND, BUILDINGS AND EQUIPMENT

TO PROPERLY GROW, PROCESS OR DISPENSE MEDICAL MARIJUANA.

(5) IT IS IN THE PUBLIC INTEREST TO GRANT THE PERMIT.

(6) THE APPLICANT, INCLUDING THE FINANCIAL BACKER OR

PRINCIPAL, ARE OF GOOD MORAL CHARACTER AND HAVE THE FINANCIAL

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FITNESS NECESSARY TO OPERATE.

(7) THE APPLICANT IS ABLE TO IMPLEMENT AND MAINTAIN

SECURITY, TRACKING, RECORDKEEPING AND SURVEILLANCE SYSTEMS

RELATING TO THE ACQUISITION, POSSESSION, GROWTH, MANUFACTURE,

SALE, DELIVERY, TRANSPORTATION, DISTRIBUTION OR THE

DISPENSING OF MEDICAL MARIJUANA AS REQUIRED BY THE

DEPARTMENT.

(8) THE APPLICANT SATISFIES ANY OTHER CONDITIONS AS

DETERMINED BY THE DEPARTMENT.

(B) NONTRANSFERABILITY.--A PERMIT ISSUED UNDER THIS CHAPTER

SHALL BE NONTRANSFERABLE.

A REVOCABLE PRIVILEGE.

(D) REGIONS.--THE DEPARTMENT SHALL ESTABLISH A MINIMUM OF

THREE REGIONS WITHIN THIS COMMONWEALTH FOR THE PURPOSE OF

GRANTING PERMITS TO GROWER/PROCESSORS AND DISPENSARIES AND

ENFORCING THIS ACT. THE DEPARTMENT SHALL APPROVE PERMITS FOR

GROWER/PROCESSORS AND DISPENSARIES IN A MANNER WHICH WILL

PROVIDE AN ADEQUATE AMOUNT OF MEDICAL MARIJUANA TO PATIENTS AND

CAREGIVERS IN ALL AREAS OF THIS COMMONWEALTH. THE DEPARTMENT

SHALL CONSIDER THE FOLLOWING WHEN ISSUING A PERMIT:

(1) REGIONAL 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.

SECTION 604. NOTICE.

WHEN THE BOUNDARIES UNDER SECTION 603(D) ARE ESTABLISHED, THE

DEPARTMENT SHALL PUBLISH NOTICE OF THE DETERMINATION IN THE

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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 605. (RESERVED).

SECTION 606. APPLICATION AND ISSUANCE.

(A) DUTY TO REPORT.--AN APPLICANT TO BE A GROWER/PROCESSOR

OR TO OPERATE A DISPENSARY 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 LAW ENFORCEMENT, WITHIN 24 HOURS, ANY LOSS

OR THEFT OF MEDICAL MARIJUANA.

(3) SUBMIT TO ANNOUNCED OR UNANNOUNCED INSPECTIONS BY

THE DEPARTMENT OF THE FACILITIES FOR GROWING, PROCESSING,

DISPENSING OR SELLING MEDICAL MARIJUANA, INCLUDING ALL

RECORDS OF THE ORGANIZATION.

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

SATISFIED THAT THE APPLICANT SHOULD BE ISSUED A PERMIT, 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.

SECTION 607. FEES AND OTHER REQUIREMENTS.

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 A PERMIT AS A GROWER/PROCESSOR IN THE

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

VALID FOR ONE YEAR. APPLICANTS SHALL SUBMIT THE PERMIT

FEE AT THE TIME OF SUBMISSION OF THE APPLICATION. THE FEE

SHALL BE RETURNED IF THE PERMIT IS NOT GRANTED.

(III) A RENEWAL FEE FOR THE PERMIT AS A

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

AND SHALL COVER RENEWAL FOR ALL LOCATIONS. THE RENEWAL

FEE SHALL BE RETURNED IF THE RENEWAL IS NOT GRANTED.

(IV) AN APPLICATION TO RENEW A PERMIT MUST BE FILED

WITH THE DEPARTMENT NOT MORE THAN SIX MONTHS NOR LESS

THAN FOUR MONTHS PRIOR TO EXPIRATION.

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

MONEY ORDER.

(VI) BEFORE ISSUING AN INITIAL PERMIT UNDER THIS

PARAGRAPH, THE DEPARTMENT SHALL VERIFY THAT THE APPLICANT

HAS AT LEAST $2,000,000 IN CAPITAL, $500,000 OF WHICH

MUST BE ON DEPOSIT WITH A FINANCIAL INSTITUTION.

(2) FOR A DISPENSARY:

(I) AN INITIAL APPLICATION FEE IN THE AMOUNT OF

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

(II) A PERMIT FEE FOR A DISPENSARY SHALL BE $30,000

FOR EACH LOCATION. THE PERIOD OF THE PERMIT IS ONE YEAR.

AN APPLICANT SHALL SUBMIT THE PERMIT 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 THE PERMIT AS A DISPENSARY

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

RETURNED IF THE RENEWAL IS NOT GRANTED AND SHALL COVER

RENEWAL FOR ALL LOCATIONS.

(IV) AN APPLICATION TO RENEW A PERMIT MUST BE FILED

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WITH THE DEPARTMENT NOT MORE THAN SIX MONTHS NOR LESS

THAN FOUR MONTHS PRIOR TO EXPIRATION.

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

MONEY ORDER.

(VI) BEFORE ISSUING AN INITIAL PERMIT UNDER THIS

PARAGRAPH, THE DEPARTMENT SHALL VERIFY THAT THE APPLICANT

HAS AT LEAST $150,000 IN CAPITAL, WHICH MUST BE ON

DEPOSIT WITH A FINANCIAL INSTITUTION.

(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.

SECTION 608. ISSUANCE.

A PERMIT 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 ACTIVITIES OF THE MEDICAL MARIJUANA ORGANIZATION

PERMITTED UNDER THIS ACT.

(3) THE LAND, BUILDINGS, FACILITIES OR LOCATION TO BE

USED BY THE MEDICAL MARIJUANA ORGANIZATION.

(4) ANY OTHER INFORMATION REQUIRED BY THE DEPARTMENT.

SECTION 609. 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.

SECTION 610. TERMS OF PERMIT.

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A PERMIT ISSUED BY THE DEPARTMENT SHALL BE VALID FOR ONE YEAR

FROM THE DATE OF ISSUANCE.

SECTION 611. (RESERVED).

SECTION 612. PERMIT RENEWALS.

(A) RENEWAL.--AN APPLICATION FOR RENEWAL SHALL INCLUDE THE

FOLLOWING INFORMATION:

(1) ANY MATERIAL CHANGE IN THE INFORMATION PROVIDED BY

THE MEDICAL MARIJUANA ORGANIZATION IN A PRIOR APPLICATION OR

RENEWAL OF A PERMIT.

(2) ANY CHARGE OR INITIATED, PENDING OR CONCLUDED

INVESTIGATION, DURING THE PERIOD OF THE PERMIT, BY ANY

GOVERNMENTAL OR ADMINISTRATIVE AGENCY WITH RESPECT TO:

(I) ANY INCIDENT INVOLVING THE THEFT, LOSS OR

POSSIBLE DIVERSION OF MEDICAL MARIJUANA GROWN, PROCESSED

OR DISPENSED BY THE APPLICANT; AND

(II) 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) APPROVAL.--THE DEPARTMENT SHALL RENEW A PERMIT UNLESS

THE DEPARTMENT DETERMINES THAT:

(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 PERMIT.

SPECIFY IN DETAIL HOW THE APPLICANT HAS NOT SATISFIED THE

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DEPARTMENT'S REQUIREMENTS FOR RENEWAL. WITHIN 30 DAYS OF THE

DEPARTMENT'S DECISION, 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 613. SUSPENSION OR REVOCATION.

THE DEPARTMENT MAY SUSPEND OR REVOKE A MEDICAL MARIJUANA

ORGANIZATION PERMIT IF:

(1) THE DEPARTMENT HAS EVIDENCE THAT THE MEDICAL

MARIJUANA ORGANIZATION HAS FAILED TO MAINTAIN EFFECTIVE

CONTROL AGAINST DIVERSION OF MEDICAL MARIJUANA.

(2) THE ORGANIZATION VIOLATES ANY PROVISION OF THIS ACT

OR A REGULATION OF THE DEPARTMENT.

(3) THE ORGANIZATION HAS INTENTIONALLY, KNOWINGLY,

RECKLESSLY OR NEGLIGENTLY FAILED TO COMPLY WITH APPLICABLE

LAWS OF THIS COMMONWEALTH RELATING TO MEDICAL MARIJUANA.

SECTION 614. 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 615. DIVERSITY GOALS.

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

ASSEMBLY THAT THE DEPARTMENT PROMOTE DIVERSITY AND THE

PARTICIPATION BY DIVERSE GROUPS IN THE ACTIVITIES AUTHORIZED

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

SHALL ADOPT AND IMPLEMENT POLICIES ENSURING THE FOLLOWING:

(1) THAT DIVERSE GROUPS ARE ACCORDED EQUAL OPPORTUNITY

IN THE PERMITTING PROCESS.

(2) THAT PERMITTEES PROMOTE THE PARTICIPATION OF DIVERSE

GROUPS IN THEIR 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 NECESSARY AND APPROPRIATE OUTREACH

INCLUDING, IF NECESSARY, CONSULTING WITH OTHER COMMONWEALTH

AGENCIES TO IDENTIFY DIVERSE GROUPS WHO MAY QUALIFY FOR

PARTICIPATION IN ACTIVITIES UNDER THIS ACT.

(2) PROVIDE SUFFICIENT AND CONTINUOUS NOTICE OF THE

PARTICIPATION OPPORTUNITIES AFFORDED UNDER THIS ACT BY

PUBLISHING NOTICE ON THE DEPARTMENT'S PUBLICLY ACCESSIBLE

INTERNET WEBSITE.

(3) INCLUDE IN THE APPLICATIONS FOR PERMIT UNDER THIS

ACT LANGUAGE TO ENCOURAGE APPLICANTS TO UTILIZE AND GIVE

CONSIDERATION TO DIVERSE GROUPS FOR CONTRACTING OR

PROFESSIONAL SERVICES OPPORTUNITIES.

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:

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(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

PERMITTEES, 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).

"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).

SECTION 616. LIMITATIONS ON PERMITS.

THE FOLLOWING LIMITATIONS APPLY TO APPROVAL OF PERMITS FOR

GROWER/PROCESSORS AND DISPENSARIES:

(1) THE DEPARTMENT MAY NOT INITIALLY ISSUE PERMITS TO

MORE THAN 25 GROWERS/PROCESSORS.

(2) THE DEPARTMENT MAY NOT INITIALLY ISSUE PERMITS TO

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MORE THAN 50 DISPENSARIES. EACH DISPENSARY MAY PROVIDE

MEDICAL MARIJUANA AT NO MORE THAN THREE SEPARATE LOCATIONS.

(3) THE DEPARTMENT MAY NOT ISSUE MORE THAN FIVE

INDIVIDUAL DISPENSARY PERMITS TO ONE PERSON.

(4) THE DEPARTMENT MAY NOT ISSUE MORE THAN ONE

INDIVIDUAL GROWER/PROCESSOR PERMIT TO ONE PERSON.

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

PERMITS AS DISPENSARIES. IF THE NUMBER OF GROWERS/PROCESSORS

IS INCREASED UNDER SECTION 1202, NO MORE THAN 20% OF THE

TOTAL NUMBER OF GROWERS/PROCESSORS MAY ALSO BE ISSUED PERMITS

AS DISPENSARIES.

(6) A DISPENSARY MAY ONLY OBTAIN MEDICAL MARIJUANA FROM

A GROWER/PROCESSOR HOLDING A VALID PERMIT UNDER THIS ACT.

(7) A GROWER/PROCESSOR MAY ONLY PROVIDE MEDICAL

MARIJUANA TO A DISPENSARY HOLDING A VALID PERMIT UNDER THIS

ACT.

CHAPTER 7

MEDICAL MARIJUANA CONTROLS

SECTION 701. ELECTRONIC TRACKING.

(A) REQUIREMENT.--A GROWER/PROCESSOR OR DISPENSARY MUST

IMPLEMENT AN ELECTRONIC INVENTORY TRACKING SYSTEM WHICH SHALL BE

DIRECTLY ACCESSIBLE TO THE DEPARTMENT THROUGH ITS ELECTRONIC

DATABASE THAT ELECTRONICALLY TRACKS ALL MEDICAL MARIJUANA ON A

DAILY BASIS. THE SYSTEM SHALL INCLUDE TRACKING OF ALL OF THE

FOLLOWING:

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

SYSTEM THAT TRACKS THE MEDICAL MARIJUANA FROM SEED TO PLANT

UNTIL THE MEDICAL MARIJUANA IS SOLD TO A DISPENSARY.

(2) FOR A DISPENSARY, MEDICAL MARIJUANA FROM PURCHASE

FROM THE GROWER/PROCESSOR TO SALE TO A PATIENT OR CAREGIVER

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AND THAT INCLUDES INFORMATION THAT VERIFIES THE VALIDITY OF

AN IDENTIFICATION CARD PRESENTED BY THE PATIENT OR CAREGIVER.

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

OF EACH DAY'S BEGINNING INVENTORY, ACQUISITIONS, AMOUNTS

PURCHASED AND SOLD, DISBURSEMENTS, DISPOSALS AND ENDING

INVENTORY. THE TRACKING SYSTEM SHALL INCLUDE PRICES PAID AND

AMOUNTS COLLECTED FROM PATIENTS AND CAREGIVERS.

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

FOR RECALL OF DEFECTIVE MEDICAL MARIJUANA.

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

TO TRACK THE PLANT WASTE RESULTING FROM THE GROWTH OF MEDICAL

MARIJUANA OR OTHER DISPOSAL, INCLUDING THE NAME AND ADDRESS

OF ANY DISPOSAL SERVICE.

(B) ADDITIONAL REQUIREMENTS.--IN ADDITION TO THE INFORMATION

UNDER SUBSECTION (A), EACH MEDICAL MARIJUANA ORGANIZATION SHALL

TRACK THE FOLLOWING:

(1) SECURITY AND SURVEILLANCE.

(2) RECORDKEEPING AND RECORD RETENTION.

(3) THE ACQUISITION, POSSESSION, GROWING AND PROCESSING

OF MEDICAL MARIJUANA.

(4) DELIVERY AND TRANSPORTATION, INCLUDING AMOUNTS AND

METHOD OF DELIVERY.

(5) DISPENSING, INCLUDING AMOUNTS, PRICING AND AMOUNTS

COLLECTED FROM PATIENTS AND CAREGIVERS.

SYSTEMS UNDER SUBSECTION (A) SHALL BE CONFIDENTIAL AND NOT

SUBJECT TO THE ACT OF FEBRUARY 14, 2008 (P.L.6, NO.3), KNOWN AS

THE RIGHT-TO-KNOW LAW.

(D) REPORTS.--WITHIN ONE YEAR OF THE ISSUANCE OF THE FIRST

PERMIT TO A GROWER/PROCESSOR OR DISPENSARY, AND EVERY THREE

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MONTHS THEREAFTER IN A FORM AND MANNER PRESCRIBED BY THE

DEPARTMENT, THE FOLLOWING INFORMATION SHALL BE PROVIDED TO THE

DEPARTMENT, WHICH SHALL COMPILE THE INFORMATION AND POST IT ON

THE DEPARTMENT'S PUBLICLY ACCESSIBLE INTERNET WEBSITE:

(1) THE AMOUNT OF MEDICAL MARIJUANA SOLD BY A

GROWER/PROCESSOR DURING EACH THREE-MONTH PERIOD.

(2) THE PRICE OF AMOUNTS OF MEDICAL MARIJUANA SOLD BY

GROWER/PROCESSORS AS DETERMINED BY THE DEPARTMENT.

(3) THE AMOUNT OF MEDICAL MARIJUANA PURCHASED BY EACH

DISPENSARY IN THIS COMMONWEALTH.

(4) THE COST OF AMOUNTS OF MEDICAL MARIJUANA TO EACH

DISPENSARY IN AMOUNTS AS DETERMINED BY THE DEPARTMENT.

(5) THE TOTAL AMOUNT AND DOLLAR VALUE OF MEDICAL MARIJUANA

SOLD BY EACH DISPENSARY IN THE THREE-MONTH PERIOD.

SECTION 702. GROWER/PROCESSORS.

(A) AUTHORIZATION.--SUBJECT TO SUBSECTION (B), A

GROWER/PROCESSOR MAY DO ALL OF THE FOLLOWING IN ACCORDANCE WITH

DEPARTMENT REGULATIONS:

(1) OBTAIN SEED FROM OUTSIDE THIS COMMONWEALTH TO

INITIALLY GROW MEDICAL MARIJUANA.

(2) OBTAIN SEED AND PLANT MATERIAL FROM ANOTHER

GROWER/PROCESSOR WITHIN THIS COMMONWEALTH TO GROW MEDICAL

MARIJUANA.

(B) LIMITATIONS.--

(1) A GROWER/PROCESSOR MAY ONLY GROW, STORE, HARVEST OR

PROCESS MEDICAL MARIJUANA IN AN INDOOR, ENCLOSED, SECURE

FACILITY WHICH:

(I) INCLUDES ELECTRONIC LOCKING SYSTEMS, ELECTRONIC

SURVEILLANCE AND OTHER FEATURES REQUIRED BY THE

DEPARTMENT; AND

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(II) IS LOCATED WITHIN THIS COMMONWEALTH.

(2) (RESERVED).

SECTION 703. STORAGE AND TRANSPORTATION.

THE DEPARTMENT SHALL DEVELOP REGULATIONS RELATING TO THE

STORAGE AND TRANSPORTATION OF MEDICAL MARIJUANA AMONG

GROWER/PROCESSORS, TESTING LABORATORIES AND DISPENSARIES WHICH

ENSURE ADEQUATE SECURITY TO GUARD AGAINST IN-TRANSIT LOSSES. THE

TRACKING SYSTEM DEVELOPED BY THE DEPARTMENT SHALL INCLUDE ALL

TRANSPORTATION AND STORAGE OF MEDICAL MARIJUANA. 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 DRIVERS' 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

MARIJUANA PRODUCTS.

(8) REQUIREMENTS TO UTILIZE ANY ELECTRONIC TRACKING

SYSTEM REQUIRED BY THE DEPARTMENT.

(9) TRANSPORTING MEDICAL MARIJUANA TO A

GROWER/PROCESSOR, APPROVED LABORATORY OR DISPENSARY.

SECTION 704. LABORATORY.

A GROWER/PROCESSOR SHALL CONTRACT WITH AN INDEPENDENT

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LABORATORY TO TEST THE MEDICAL MARIJUANA PRODUCED BY THE

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. THE POSSESSION

BY A LABORATORY OF MEDICAL MARIJUANA SHALL BE A LAWFUL USE.

SECTION 705. PRICES.

THE DEPARTMENT AND THE DEPARTMENT OF REVENUE SHALL MONITOR

THE PRICE OF MEDICAL MARIJUANA SOLD BY GROWER/PROCESSORS AND BY

DISPENSARIES, INCLUDING A PER-DOSE PRICE. IF THE DEPARTMENT AND

THE DEPARTMENT OF REVENUE DETERMINE THAT THE PRICES ARE

UNREASONABLE OR EXCESSIVE, THE DEPARTMENT MAY IMPLEMENT A CAP ON

THE PRICE OF MEDICAL MARIJUANA BEING SOLD FOR A PERIOD OF SIX

MONTHS. THE CAP MAY BE AMENDED DURING THE SIX-MONTH PERIOD. IF

THE DEPARTMENT AND THE DEPARTMENT OF REVENUE DETERMINE THAT THE

PRICES BECOME UNREASONABLE OR EXCESSIVE FOLLOWING THE EXPIRATION

OF A SIX-MONTH CAP, ADDITIONAL CAPS MAY BE IMPOSED FOR PERIODS

NOT TO EXCEED SIX MONTHS.

CHAPTER 8

DISPENSARIES

SECTION 801. DISPENSING TO PATIENTS AND CAREGIVERS.

(A) GENERAL RULE.--A DISPENSARY THAT HAS BEEN ISSUED A

PERMIT UNDER CHAPTER 6 MAY LAWFULLY 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 ANY IDENTIFICATION NUMBER

ASSIGNED TO THE DISPENSARY BY THE DEPARTMENT.

(2) THE NAME AND ADDRESS OF THE PATIENT AND CAREGIVER.

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(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) REQUIREMENTS.--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. IF A DISPENSARY HAS

MORE THAN ONE SEPARATE LOCATION, A PHYSICIAN ASSISTANT OR A

CERTIFIED REGISTERED NURSE PRACTITIONER MAY BE ONSITE AT EACH OF

THE OTHER LOCATIONS IN LIEU OF THE PHYSICIAN OR PHARMACIST. A

PHYSICIAN, A PHARMACIST, A PHYSICIAN ASSISTANT OR A CERTIFIED

REGISTERED NURSE PRACTITIONER SHALL, PRIOR TO ASSUMING DUTIES

UNDER THIS PARAGRAPH, SUCCESSFULLY COMPLETE THE COURSE

ESTABLISHED IN SECTION 301(A)(6). A PHYSICIAN MAY NOT ISSUE A

CERTIFICATION TO AUTHORIZE PATIENTS TO RECEIVE MEDICAL MARIJUANA

OR OTHERWISE TREAT PATIENTS AT THE DISPENSARY.

MARIJUANA TO A PATIENT OR CAREGIVER, THE DISPENSARY SHALL FILE

THE RECEIPT INFORMATION WITH THE DEPARTMENT UTILIZING THE

ELECTRONIC TRACKING SYSTEM. WHEN FILING RECEIPTS UNDER THIS

SUBSECTION, THE DISPENSARY SHALL DISPOSE OF ANY ELECTRONICALLY

RECORDED 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

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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 UNTIL ADDITIONAL CERTIFICATION IS PRESENTED UNDER

SECTION 405.

(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

ELECTRONIC TRACKING SYSTEM INCLUDED IN THE DEPARTMENT'S

ELECTRONIC DATABASE ESTABLISHED UNDER SECTION 301(A)(4)(V) AND

THE DISPENSARY TRACKING SYSTEM UNDER SECTION 701(A)(2).

(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 DISPENSARY SHALL

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

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

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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."

(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.

SECTION 802. FACILITY REQUIREMENTS.

(A) GENERAL RULE.--

(1) A DISPENSARY MAY ONLY DISPENSE MEDICAL MARIJUANA IN

AN INDOOR, ENCLOSED, SECURE FACILITY LOCATED WITHIN THIS

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COMMONWEALTH, AS DETERMINED BY THE DEPARTMENT.

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

FACILITY USED FOR GROWING AND PROCESSING MEDICAL MARIJUANA.

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

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

A DAY-CARE CENTER.

(4) A DISPENSARY MAY SELL MEDICAL DEVICES AND

INSTRUMENTS WHICH ARE NEEDED TO ADMINISTER MEDICAL MARIJUANA

UNDER THIS ACT.

(5) A DISPENSARY MAY SELL SERVICES APPROVED BY THE

DEPARTMENT RELATED TO THE USE OF MEDICAL MARIJUANA.

(B) ADJUSTMENT OR WAIVER OF PROHIBITION.--THE DEPARTMENT

MAY AMEND A PROHIBITION UNDER SUBSECTION (A)(3) IF IT IS SHOWN

BY CLEAR AND CONVINCING EVIDENCE THAT THE AMENDMENT IS NECESSARY

TO PROVIDE ADEQUATE ACCESS TO PATIENTS. AN AMENDMENT MAY INCLUDE

ADDITIONAL SECURITY, PHYSICAL PLANT OF A FACILITY OR OTHER

CONDITIONS NECESSARY TO PROTECT CHILDREN.

SECTION 803. POSTING.

A DISPENSARY SHALL POST A COPY OF ITS PERMIT IN A LOCATION

WITHIN ITS FACILITY IN A MANNER THAT IS EASILY OBSERVABLE BY

PATIENTS, CAREGIVERS, LAW ENFORCEMENT OFFICERS AND AGENTS OF THE

DEPARTMENT.

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

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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

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.

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(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, 55% OF THE REVENUE IN THE FUND.

FORTY PERCENT OF THE REVENUE IN THE FUND SHALL BE EXPENDED

FOR OPERATIONS OF THE DEPARTMENT, INCLUDING OUTREACH EFFORTS

AND OTHER PROJECTS, AS REQUIRED BY THIS ACT. FIFTEEN PERCENT

OF THE AMOUNT IN THE FUND SHALL BE USED BY THE DEPARTMENT TO

ESTABLISH THE FOLLOWING:

(I) A PROGRAM TO ASSIST PATIENTS WITH THE COST OF

PROVIDING MEDICAL MARIJUANA TO PATIENTS WHO DEMONSTRATE

FINANCIAL HARDSHIP OR NEED UNDER THIS ACT, AND THE

DEPARTMENT SHALL DEVELOP GUIDELINES AND PROCEDURES TO

ENSURE MAXIMUM AVAILABILITY TO INDIVIDUALS WITH FINANCIAL

NEED;

(II) A PROGRAM TO ASSIST PATIENTS AND CAREGIVERS

WITH THE COST ASSOCIATED WITH THE WAIVER OR REDUCTION OF

FEES FOR IDENTIFICATION CARDS UNDER SECTIONS 501(C)(5)

AND 502(A)(2); AND

(III) A PROGRAM TO REIMBURSE PATIENTS FOR THE COST

OF PROVIDING BACKGROUND CHECKS FOR CAREGIVERS.

(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 USE OF MEDICAL MARIJUANA, INCLUDING THE RESEARCH PROGRAM

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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. MONEY SHALL BE USED TO SUBSIDIZE

THE COST OF, OR PROVIDE, MEDICAL MARIJUANA TO PATIENTS

PARTICIPATING IN THE PROGRAM. 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, 5% OF THE REVENUE IN THE FUND.

(D) REPAYMENT OF INITIAL FUNDING.--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.

CHAPTER 11

ADMINISTRATION

SECTION 1101. GOVERNING PRACTICE AND PROCEDURE.

THE PROVISIONS OF 2 PA.C.S. (RELATING TO ADMINISTRATIVE LAW

AND PROCEDURE) SHALL APPLY TO ALL ACTIONS OF THE DEPARTMENT

UNDER THIS ACT CONSTITUTING AN ADJUDICATION AS DEFINED IN 2

PA.C.S. § 101 (RELATING TO DEFINITIONS).

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SECTION 1102. REPORTS BY MEDICAL MARIJUANA ORGANIZATIONS.

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.

SECTION 1103. LAW ENFORCEMENT NOTIFICATION.

NOTWITHSTANDING ANY PROVISION OF THIS ACT OR ANY OTHER 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, PERMIT, REGISTRATION OR AN

IDENTIFICATION CARD IS VALID, INCLUDING RELEASE OF THE NAME OF

THE PATIENT.

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.

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(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.

(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. (RESERVED).

SECTION 1107. TEMPORARY REGULATIONS.

(A) PROMULGATION.--IN ORDER TO FACILITATE THE PROMPT

IMPLEMENTATION OF THIS ACT, THE DEPARTMENT MAY PROMULGATE

TEMPORARY REGULATIONS THAT SHALL EXPIRE NOT LATER THAN TWO YEARS

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

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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

TEMPORARY REGULATIONS UNDER SUBSECTION (A) SHALL EXPIRE TWO

YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION. REGULATIONS

ADOPTED AFTER THIS PERIOD SHALL BE PROMULGATED AS PROVIDED BY

LAW.

TEMPORARY REGULATIONS IN THE PENNSYLVANIA BULLETIN NO LATER THAN

SIX MONTHS AFTER THE EFFECTIVE DATE OF THIS SECTION.

CHAPTER 12

MEDICAL MARIJUANA ADVISORY BOARD

SECTION 1201. 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

ASSOCIATION OR A DESIGNEE.

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(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 SUBSECTION (A)(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

QUORUM FOR THE PURPOSE OF ORGANIZING THE ADVISORY BOARD,

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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

OFFICE FOR THE UNEXPIRED TERM. AN APPOINTED MEMBER OF THE

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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 THE FORM OF MEDICAL

MARIJUANA PERMITTED UNDER THIS ACT.

(IV) WHETHER TO CHANGE, ADD OR REDUCE THE NUMBER OF

GROWERS/PROCESSORS OR DISPENSARIES.

(V) HOW TO ENSURE AFFORDABLE PATIENT ACCESS TO

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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 1202. REGULATIONS BASED ON RECOMMENDATIONS OF ADVISORY

BOARD.

AFTER RECEIVING THE REPORT OF THE ADVISORY BOARD UNDER

SECTION 1201(J)(4), AT THE DISCRETION OF THE SECRETARY, THE

DEPARTMENT MAY PROMULGATE REGULATIONS TO EFFECTUATE

RECOMMENDATIONS MADE BY THE ADVISORY BOARD. THE SECRETARY SHALL

ISSUE NOTICE IN THE PENNSYLVANIA BULLETIN WITHIN 12 MONTHS OF

THE RECEIPT OF THE 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.

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

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MEDICAL MARIJUANA ORGANIZATIONS.

IN ADDITION TO ANY OTHER PENALTY PROVIDED BY LAW, AN

EMPLOYEE, FINANCIAL BACKER, OPERATOR OR PRINCIPAL OF ANY OF THE

FOLLOWING 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:

(1) A MEDICAL MARIJUANA ORGANIZATION.

(2) A HEALTH CARE MEDICAL MARIJUANA ORGANIZATION OR

UNIVERSITY PARTICIPATING IN A RESEARCH STUDY UNDER CHAPTER

19.

(3) A CLINICAL REGISTRANT OR ACADEMIC CLINICAL RESEARCH

CENTER UNDER CHAPTER 20.

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

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.

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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

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.

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(A) OFFENSE DEFINED.--IN ADDITION TO ANY OTHER PENALTY

PROVIDED BY LAW, AN EMPLOYEE, FINANCIAL BACKER, OPERATOR OR

PRINCIPAL OF ANY OF THE FOLLOWING 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:

(1) A MEDICAL MARIJUANA ORGANIZATION.

(2) A HEALTH CARE MEDICAL MARIJUANA ORGANIZATION OR

UNIVERSITY PARTICIPATING IN A RESEARCH STUDY UNDER CHAPTER

19.

(3) A CLINICAL REGISTRANT OR ACADEMIC CLINICAL RESEARCH

CENTER UNDER CHAPTER 20.

(4) AN EMPLOYEE OF THE DEPARTMENT.

(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, EMPLOYEE,

FINANCIAL BACKER, OPERATOR OR PRINCIPAL OF ANY MEDICAL MARIJUANA

ORGANIZATION, HEALTH CARE MEDICAL ORGANIZATION OR UNIVERSITY

PARTICIPATING IN A RESEARCH STUDY UNDER CHAPTER 19, AND AN

EMPLOYEE, FINANCIAL BACKER, OPERATOR OR PRINCIPAL OF A CLINICAL

REGISTRANT OR ACADEMIC CLINICAL RESEARCH CENTER 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:

(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.

20150SB0003PN1680 - 147 -

(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

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.

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(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 PERMIT 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 PERMIT OF A PERSON FOR

CONDUCT OR ACTIVITY OR THE OCCURRENCE OF AN EVENT THAT

WOULD HAVE DISQUALIFIED THE PERSON FROM RECEIVING THE

PERMIT.

(III) REVOKE OR SUSPEND THE REGISTRATION OF A

PRACTITIONER FOR A VIOLATION OF THIS ACT OR A REGULATION

PROMULGATED OR AN ORDER ISSUED UNDER THIS ACT OR FOR

CONDUCT OR ACTIVITY WHICH WOULD HAVE DISQUALIFIED THE

PRACTITIONER FROM RECEIVING A REGISTRATION.

(IV) SUSPEND A PERMIT OR REGISTRATION OF A PERSON

PENDING THE OUTCOME OF A HEARING IN A CASE IN WHICH THE

PERMIT OR REGISTRATION COULD BE REVOKED.

(V) ORDER RESTITUTION OF FUNDS OR PROPERTY

UNLAWFULLY OBTAINED OR RETAINED BY A PERMITTEE OR

REGISTRANT.

(VI) ISSUE A CEASE AND DESIST ORDER.

(2) A PERSON WHO AIDS, ABETS, COUNSELS, INDUCES,

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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

EMPLOYEES IN STATE CORRECTIONAL FACILITIES. THE GOVERNING

AUTHORITY OF A COUNTY MAY ADOPT A RESOLUTION NO LATER THAN 18

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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,

HOSPITALIZATION AND PHARMACEUTICAL CARE, IS PROVIDED WITHIN A

SINGLE ORGANIZATION.

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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

REQUEST TO PARTICIPATE.

(5) UPON APPROVAL OF A RESEARCH STUDY BY THE UNITED

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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

HEALTH CARE MEDICAL MARIJUANA ORGANIZATION. THE DEPARTMENT SHALL

MAKE AN EFFORT TO ASSIGN A PATIENT TO A HEALTH CARE MEDICAL

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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.

(2) THE SERIOUS MEDICAL CONDITION TO BE STUDIED.

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(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 1903. 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

603(D) TO MEDICAL MARIJUANA FOR ALL PATIENTS INCLUDED IN AN

APPROVED RESEARCH STUDY.

SECTION 1905. REQUIREMENTS.

(A) DISPENSING.--A HEALTH CARE MEDICAL MARIJUANA

ORGANIZATION THAT DISPENSES MEDICAL MARIJUANA SHALL:

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(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.

(2) ONLY MAKE AVAILABLE MEDICAL MARIJUANA TO HEALTH CARE

MEDICAL MARIJUANA ORGANIZATIONS THAT DISPENSE MEDICAL

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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

REQUIRING A TEST AT HARVEST AND A TEST AT FINAL PROCESSING.

(7) ANY OTHER PROCEDURE DEEMED NECESSARY BY THE

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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 THAT:

(1) HOLDS A PERMIT AS BOTH A GROWER/PROCESSOR AND A

DISPENSARY; AND

(2) HAS A CONTRACTUAL RELATIONSHIP WITH AN ACADEMIC

CLINICAL RESEARCH CENTER UNDER WHICH THE ACADEMIC CLINICAL

RESEARCH CENTER OR ITS AFFILIATE PROVIDES ADVICE TO THE

ENTITY, REGARDING, AMONG OTHER AREAS, PATIENT HEALTH AND

SAFETY, MEDICAL APPLICATIONS AND DISPENSING AND MANAGEMENT OF

CONTROLLED SUBSTANCES.

SECTION 2002. CLINICAL REGISTRANTS.

NOTWITHSTANDING THE LIMITATIONS IN SECTION 616, THE

DEPARTMENT MAY REGISTER UP TO EIGHT CLINICAL REGISTRANTS. 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

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CLINICAL REGISTRANT:

(1) A CLINICAL REGISTRANT MUST PAY THE FEES AND MEET ALL

OTHER REQUIREMENTS UNDER THIS ACT FOR OBTAINING A PERMIT AS A

GROWER/PROCESSOR AND A DISPENSARY.

(2) THE CLINICAL REGISTRANT MUST HAVE A MINIMUM OF

$15,000,000 IN CAPITAL. THE DEPARTMENT SHALL VERIFY THE

CAPITAL REQUIREMENT.

(3) 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.

(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 AN

ACCREDITED INSTITUTIONAL REVIEW BOARD, INCLUDING ANY

OTHER REQUIRED REGULATORY APPROVALS.

(V) OTHER INFORMATION REQUIRED BY THE DEPARTMENT,

20150SB0003PN1680 - 159 -

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

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

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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

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

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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" OR "EXECUTIVE-LEVEL PUBLIC EMPLOYEE" AS

DEFINED UNDER 4 PA.C.S. § 1512(B) (RELATING TO FINANCIAL AND

EMPLOYMENT INTERESTS). 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

DEPARTMENT ON THE DEPARTMENT'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

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

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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 FROM THE FUND.

(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 FROM THE FUND.

(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 MEDICAL

MARIJUANA ORGANIZATION OR WHO IS INVOLVED IN OTHER MATTERS

UNDER THIS ACT.

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.

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

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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, PHYSICIAN ASSISTANT OR CERTIFIED

REGISTERED NURSE PRACTITIONER UNDER SECTION 801(B).

(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.

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(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

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

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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.

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.

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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.

(A) DISPENSARIES.--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.

(B) ISSUANCE.--THE ISSUANCE OF PERMITS AND OTHER

AUTHORIZATIONS SHALL BEGIN UPON PUBLICATION OF A NOTICE BY THE

DEPARTMENT IN THE PENNSYLVANIA BULLETIN THAT ADEQUATE TEMPORARY

OR PERMANENT REGULATIONS HAVE BEEN ADOPTED TO INITIATE THE

PROGRAM UNDER THIS ACT.

SECTION 2110. EFFECTIVE DATE.

THIS ACT SHALL TAKE EFFECT IN 30 DAYS.

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