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PRINTER'S NO. 4087
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2600
Session of
2018
INTRODUCED BY WHEATLEY, KINSEY, BULLOCK, HILL-EVANS, J. McNEILL,
SIMS, NEILSON, DALEY, FRANKEL, SOLOMON, GAINEY, FITZGERALD
AND MADDEN, SEPTEMBER 26, 2018
REFERRED TO COMMITTEE ON HEALTH, SEPTEMBER 26, 2018
AN ACT
Amending the act of April 17, 2016 (P.L.84, No.16), entitled "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," in preliminary
provisions, further providing for title, for short title, for
declaration of policy and for definitions; in program,
further providing for program established, for
confidentiality and public disclosure, for lawful use of
medical marijuana and for unlawful use of medical marijuana;
in practitioners, further providing for practitioner
registration, for practitioner restrictions, for issuance of
certification and for duration; in patients, further
providing for identification cards, for special conditions,
for contents of identification card and for prohibitions; in
medical marijuana organizations, further providing for
medical marijuana organizations, for permits, for granting of
permit, for application and issuance, for fees and other
requirements, for issuance, for relocation, for permit
renewals, for suspension or revocation, for convictions
prohibited and for limitations on permits; in medical
marijuana controls, further providing for electronic
tracking, for grower/processors, for storage and
transportation, for laboratory and for prices; in
dispensaries, further providing for dispensing to patients
and caregivers and for facility requirements; in tax on
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medical marijuana, further providing for tax on medical
marijuana and for Medical Marijuana Program Fund and
providing for tax on recreational cannabis and cannabis
products; in administration, further providing for reports by
medical marijuana organizations and for report; in Medical
Marijuana Advisory Board, further providing for advisory
board; in offenses related to medical marijuana, further
providing for criminal diversion of medical marijuana by
practitioners, for criminal diversion of medical marijuana,
for criminal retention of medical marijuana, for criminal
diversion of medical marijuana by patient or caregiver, for
falsification of identification cards, for adulteration of
medical marijuana, for disclosure of information prohibited,
for additional penalties and for other restrictions and
providing for lawful conduct; in research program, further
providing for definitions, for establishment of medical
marijuana research program, for medical marijuana research
program administration, for approval, for requirements, for
restrictions, for regulations and for nonentitlement; in
academic clinical research centers and clinical registrants,
further providing for legislative findings and declaration of
policy, for clinical registrants and for research study; in
miscellaneous provisions, further providing for conflict, for
financial and employment interests, for insurers, for
protections for patients and caregivers, for schools, for
day-care centers and for medical marijuana from other states
and providing for employers, minors and control of property
and for cannabis clean slate; further providing for notice
and for applicability; making repeals; and making editorial
changes.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The title and sections 101, 102, 103, 301, 302,
303, 304, 401, 402, 403, 405, 501, 504, 508 and 510, Chapter 6
heading, sections 601, 602, 603, 606, 607, 608, 609, 612, 613,
614 and 616, Chapter 7 heading, sections 701, 702, 703, 704,
705, 801 and 802, Chapter 9 heading and sections 901 and 902 of
the act of April 17, 2016 (P.L.84, No.16), known as the Medical
Marijuana Act, are amended to read:
AN ACT
An act establishing a [medical marijuana] cannabis program;
providing for patient and caregiver certification and for
[medical marijuana] cannabis organization registration;
imposing duties on the Department of Health; providing for a
tax on [medical marijuana] cannabis organization gross
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receipts; establishing the Medical [Marijuana] Cannabis
Program Fund; establishing the Medical [Marijuana] Cannabis
Advisory Board; establishing a medical [marijuana] cannabis
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.
Section 101. Short title.
This act shall be known and may be cited as the [Medical
Marijuana] Cannabis Act.
Section 102. Declaration of policy.
The General Assembly finds and declares as follows:
(1) Scientific evidence suggests that medical
[marijuana] cannabis 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] cannabis 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] cannabis 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] cannabis to patients.
(iii) Promote high quality research into the
effectiveness and utility of medical [marijuana]
cannabis.
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(4) It is the further intention of the General Assembly
that any Commonwealth-based program to provide access to
medical [marijuana] cannabis serve as a temporary measure,
pending Federal approval of and access to medical [marijuana]
cannabis 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.
"Cannabis." The parts of the plant of the genus cannabis
whether growing or not, the seeds thereof, the resin extracted
from any part of the plant, and every compound, manufacture,
salt, derivative, mixture or preparation of the plant, its seeds
or resin, including cannabis concentrate. The term does not
include industrial hemp or fiber produced from the stalks, oil
or cake made from the seeds of the plant, sterilized seed of the
plant that is incapable of germination or the weight of another
ingredient combined with cannabis to prepare topical or oral
administrations, food, drink or other product.
"Cannabis product." A product that is comprised of cannabis
and other ingredients and is intended for use or consumption,
including as an edible product, ointment or tincture.
"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] cannabis.
"Certified medical use." The acquisition, possession, use or
transportation of medical [marijuana] cannabis by a patient, or
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the acquisition, possession, delivery, transportation or
administration of medical [marijuana] cannabis 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
department to dispense medical [marijuana] cannabis,
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recreational cannabis and cannabis products. The term does not
include a health care medical [marijuana] cannabis organization
under Chapter 19.
"Family or household member." As defined in 23 Pa.C.S. ยง
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] cannabis." The characteristics
of the medical [marijuana] cannabis 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] cannabis or particular active ingredient.
"Fund." The Medical [Marijuana] Cannabis 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] cannabis, recreational cannabis and cannabis
products. The term does not include a health care medical
[marijuana] cannabis organization under Chapter 19.
"Identification card." A document issued under section 501
that authorizes access to medical [marijuana] cannabis under
this act.
"Individual dose." A single measure of medical [marijuana]
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cannabis.
"Medical [marijuana] cannabis." [Marijuana] Cannabis for
certified 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.
"Pennsylvania farm." An agricultural business incorporated
as a sole proprietorship, partnership, limited liability company
or Pennsylvania S corporation that operates an area of land and
building used for growing crops and rearing animals.
"Permit." An authorization issued by the department to a
medical [marijuana] cannabis 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
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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.
"Recreational cannabis." Cannabis ingested for any reason
other than medical purposes.
"Registry." The registry established by the department for
practitioners.
"Secretary." The Secretary of Health of the Commonwealth.
"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.
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(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.
Section 301. Program established.
(a) Establishment.--A medical [marijuana] cannabis 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] cannabis
organizations to authorize them to grow, process or dispense
medical [marijuana] cannabis 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]
cannabis in this Commonwealth.
(4) Establish and maintain an electronic database to
include activities and information relating to medical
[marijuana] cannabis organizations, certifications and
identification cards issued, practitioner registration and
electronic tracking of all medical [marijuana] cannabis as
required under this act to include:
(i) Ensurance that medical [marijuana] cannabis is
not diverted or otherwise used for unlawful purposes by a
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practitioner or medical [marijuana] cannabis
organization.
(ii) Ability to establish the authenticity of
identification cards.
(iii) Recording recommended forms of medical
[marijuana] cannabis provided in a certification filed by
the practitioner.
(iv) Monitoring all growth, transfer, possession,
processing, testing and dispensing of medical [marijuana]
cannabis in this Commonwealth.
(v) The tracking system under section 701 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] cannabis. 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]
cannabis 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] cannabis 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] cannabis, including the risks and
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benefits of medical [marijuana] cannabis, 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] cannabis organization who
either have direct contact with patients or caregivers or who
physically handle medical [marijuana] cannabis. 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] cannabis organization. The subject
matter of the course shall include the following:
(i) Methods to recognize and report unauthorized
activity, including diversion of medical [marijuana]
cannabis for unlawful purposes and falsification of
identification cards.
(ii) Proper handling of medical [marijuana] cannabis
and recordkeeping.
(iii) Any other subject required by the department.
(8) Develop enforcement procedures, including announced
and unannounced inspections of facilities of the
grower/processors and dispensaries and all records of the
medical [marijuana] cannabis organizations.
(9) Establish a program to authorize the use of medical
[marijuana] cannabis to conduct medical research relating to
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the use of medical [marijuana] cannabis 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] cannabis 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]
cannabis under this act.
(ii) A publicly accessible Internet website with
similar information.
(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] cannabis 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] cannabis
organization. Information shall be retained for a minimum
period of four years unless otherwise provided by the
department.
(14) Restrict the advertising and marketing of medical
[marijuana] cannabis, 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.
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(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
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] cannabis 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] cannabis 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]
cannabis organization or practitioner by the department for
violation of this act.
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Section 303. Lawful use of medical [marijuana] cannabis.
(a) General rule.--Notwithstanding any provision of law to
the contrary, use or possession of medical [marijuana] cannabis
as set forth in this act is lawful within this Commonwealth.
(b) Requirements.--The lawful use of medical [marijuana]
cannabis is subject to the following:
(1) Medical [marijuana] cannabis 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.
(2) Subject to regulations promulgated under this act,
medical [marijuana] cannabis may only be dispensed to a
patient or caregiver in the following forms:
(i) pill;
(ii) oil;
(iii) topical forms, including gels, 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]
cannabis may not be dispensed to a patient or a caregiver in
dry leaf or plant form.
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(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] cannabis 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] cannabis.
(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
species of medical [marijuana] cannabis, 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] cannabis.
(a) General rule.--Except as provided in section 303,
section 704, Chapter 19 or Chapter 20, the use of medical
[marijuana] cannabis 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] cannabis.
(2) Except as provided under subsection (c), incorporate
medical [marijuana] cannabis into edible form.
(3) Grow medical [marijuana] cannabis unless the
grower/processor has received a permit from the department
under this act.
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(4) Grow or dispense medical [marijuana] cannabis unless
authorized as a health care medical [marijuana] cannabis
organization under Chapter 19.
(5) Dispense medical [marijuana] cannabis unless the
dispensary has received a permit from the department under
this act.
(c) Edible medical [marijuana] cannabis.--Nothing in this
act shall be construed to preclude the incorporation of medical
[marijuana] cannabis into edible form by a patient or a
caregiver in order to aid ingestion of the medical [marijuana]
cannabis by the patient.
Section 401. Practitioner registration.
(a) Eligibility.--A physician included in the registry is
authorized to issue certifications to patients to use medical
[marijuana] cannabis. 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
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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.
(c) Practitioner requirements.--A practitioner included in
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] cannabis 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
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form of remuneration from or to a prospective patient,
patient, prospective caregiver, caregiver or medical
[marijuana] cannabis 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] cannabis.
(2) A practitioner may not hold a direct or economic
interest in a medical [marijuana] cannabis organization.
(3) A practitioner may not advertise the practitioner's
services as a practitioner who can certify a patient to
receive medical [marijuana] cannabis.
(b) Unprofessional conduct.--A practitioner who violates
subsection (a) shall not be permitted to issue certifications to
patients. The practitioner shall be removed from the registry.
(c) Discipline.--In addition to any other penalty that may
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] cannabis 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
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for inclusion in the registry and has a valid, unexpired,
unrevoked, unsuspended Pennsylvania license to practice
medicine at the time of the issuance of the certification.
(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] cannabis.
(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
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] cannabis and
limitation on the duration of use, if applicable, including
whether the patient is terminally ill.
(c) Consultation.--A practitioner shall review the
prescription drug monitoring program prior to:
(1) Issuing a certification to determine the controlled
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substance history of a patient.
(2) Recommending a change of amount or form of medical
[marijuana] cannabis.
(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.
(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 405. Duration.
Receipt of medical [marijuana] cannabis by a patient or
caregiver from a dispensary may not exceed a 30-day supply of
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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.
Section 501. Identification cards.
(a) Issuance.--The department may issue an identification
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] cannabis as
authorized by this act. An identification card issued to a
caregiver shall authorize the caregiver to obtain medical
[marijuana] cannabis 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.
(c) Application.--A patient or a caregiver may apply, in a
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.
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(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.
(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,
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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
identification card as soon as practicable. A patient or
caregiver may not obtain medical [marijuana] cannabis until the
department issues the replacement card.
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] cannabis 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] cannabis
for the patient.
Section 508. Contents of identification card.
An identification card shall contain the following:
(1) The name of the caregiver or the patient, 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 or
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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] cannabis.
(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 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:
(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]
cannabis.
(3) A patient may be prohibited by an employer from
performing any task which the employer deems life-
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threatening, to either the employee or any of the employees
of the employer, while under the influence of medical
[marijuana] cannabis. 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]
cannabis. 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] CANNABIS ORGANIZATIONS
Section 601. Medical [marijuana] cannabis organizations.
The following entities shall be authorized to receive a
permit to operate as a [medical marijuana] cannabis organization
to grow, process or dispense [medical marijuana] cannabis:
(1) Grower/processors.
(2) Dispensaries.
Section 602. Permits.
(a) Application.--An application for a grower/processor or
dispensary permit to grow, process or dispense medical
[marijuana] cannabis, recreational cannabis and cannabis
products 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] cannabis
grower/processor or dispensary.
(2) A description of responsibilities as a principal,
operator, financial backer or employee.
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(3) Any release necessary to obtain information from
governmental agencies, employers and other organizations.
(4) A criminal history record check. [Medical marijuana]
C annabis 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 substantially involved in the
activities of the [medical marijuana] cannabis 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] cannabis
organization.
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(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] cannabis 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] cannabis.
(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
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] cannabis suspended or revoked in any
administrative or judicial proceeding.
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(9) Any other information the department may require.
(a.1) Pennsylvania farms.--A grower/processor may contract
with a Pennsylvania farm to use the land and buildings of the
Pennsylvania farm to grow and process cannabis. The applicant
for a grower/processor shall include all applicable information
required under subsection (a) for the Pennsylvania farm.
(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] cannabis,
recreational cannabis or cannabis products.
(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]
cannabis, recreational cannabis or cannabis products.
(5) It is in the public interest to grant the permit.
(6) The applicant, including the financial backer or
principal, is of good moral character and has the financial
fitness necessary to operate.
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(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] cannabis, recreational
cannabis or cannabis products 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.
(c) Privilege.--The issuance or renewal of a permit shall be
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] cannabis 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 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
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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] cannabis
organization.
(2) Report to law enforcement, within 24 hours, any loss
or theft of medical [marijuana] cannabis, recreational
cannabis or cannabis products.
(3) Submit to announced or unannounced inspections by
the department of the facilities for growing, processing,
dispensing or selling medical [marijuana,] cannabis,
recreational cannabis or cannabis products 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
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
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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
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
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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] cannabis 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]
cannabis organization shall be effective only for that
organization and shall specify the following:
(1) The name and address of the [medical marijuana]
cannabis organization.
(2) The activities of the [medical marijuana] cannabis
organization permitted under this act.
(3) The land, buildings, facilities or location to be
used by the [medical marijuana] cannabis organization.
(4) Any other information required by the department.
Section 609. Relocation.
The department may approve an application from a [medical
marijuana] cannabis organization to relocate within this
Commonwealth or to add or delete activities or facilities.
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] cannabis organization in a prior
application or renewal of a permit.
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(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] cannabis,
recreational cannabis or cannabis products 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] cannabis, recreational cannabis or cannabis
products.
(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.
(c) Nonrenewal decision.--The denial or nonrenewal shall
specify in detail how the applicant has not satisfied the
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]
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cannabis organization permit if:
(1) The department has evidence that the [medical
marijuana] cannabis organization has failed to maintain
effective control against diversion of medical [marijuana]
cannabis, recreational cannabis or cannabis products.
(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]
cannabis, recreational cannabis or cannabis products.
Section 614. Convictions prohibited.
The following individuals may not hold volunteer positions or
positions with remuneration in or be affiliated with a [medical
marijuana] cannabis 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 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.] (Reserved).
(2) [The department may not initially issue permits to
more than 50 dispensaries. Each dispensary may provide
medical marijuana at no more than three separate locations.]
(Reserved).
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(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]
cannabis from a grower/processor holding a valid permit under
this act.
(7) A grower/processor may only provide [medical
marijuana] cannabis to a dispensary holding a valid permit
under this act.
CHAPTER 7
[MEDICAL MARIJUANA] CANNABIS 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]
cannabis, recreational cannabis or cannabis products 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] cannabis from seed
to plant until the [medical marijuana] cannabis is sold to a
dispensary.
(2) For a dispensary, medical [marijuana] cannabis,
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recreational cannabis or cannabis products from purchase from
the grower/processor to sale to a patient [or], caregiver or
client 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] cannabis,
recreational cannabis or cannabis products.
(5) For a grower/processor and a dispensary, a system to
track the plant waste resulting from the growth of [medical
marijuana] cannabis 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] cannabis
organization shall track the following:
(1) Security and surveillance.
(2) Recordkeeping and record retention.
(3) The acquisition, possession, growing and processing
of medical [marijuana] cannabis, recreational cannabis and
cannabis products.
(4) Delivery and transportation, including amounts and
method of delivery.
(5) Dispensing, including amounts, pricing and amounts
collected from patients [and], caregivers and clients.
(c) Access.--Information maintained in electronic tracking
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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
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] cannabis,
recreational cannabis or cannabis products sold by a
grower/processor during each three-month period.
(2) The price of amounts of medical [marijuana]
cannabis, recreational cannabis or cannabis products sold by
grower/processors as determined by the department.
(3) The amount of medical [marijuana] cannabis,
recreational cannabis or cannabis products purchased by each
dispensary in this Commonwealth.
(4) The cost of amounts of medical [marijuana] cannabis,
recreational cannabis or cannabis products to each dispensary
in amounts as determined by the department.
(5) The total amount and dollar value of medical
[marijuana] cannabis, recreational cannabis or cannabis
products 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] cannabis.
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(2) Obtain seed and plant material from another
grower/processor within this Commonwealth to grow [medical
marijuana] cannabis.
(b) Limitations.--
(1) A grower/processor may only grow, store, harvest or
process [medical marijuana] cannabis in an indoor, enclosed,
secure facility which:
(i) includes electronic locking systems, electronic
surveillance and other features required by the
department; and
(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] cannabis,
recreational cannabis and cannabis products 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] cannabis,
recreational cannabis and cannabis products. 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
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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] cannabis products.
(8) Requirements to utilize any electronic tracking
system required by the department.
(9) Transporting medical [marijuana] cannabis,
recreational cannabis or cannabis products to a
grower/processor, approved laboratory or dispensary.
Section 704. Laboratory.
A grower/processor shall contract with an independent
laboratory to test the medical [marijuana] cannabis,
recreational cannabis or cannabis products 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] cannabis shall be a
lawful use.
Section 705. Prices.
The department and the Department of Revenue shall monitor
the price of medical [marijuana] cannabis, recreational cannabis
or cannabis products 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] cannabis, recreational cannabis
or cannabis products being sold for a period of six months. The
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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.
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]
cannabis 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.
(3) The date the medical [marijuana] cannabis was
dispensed.
(4) Any requirement or limitation by the practitioner as
to the form of medical [marijuana] cannabis for the patient.
(5) The form and the quantity of medical [marijuana]
cannabis dispensed.
(a.1) R ecreational cannabis and cannabis products.-- A
dispensary that has been issued a permit under Chapter 6 may
dispense recreational cannabis and cannabis products. The
dispensary shall provide to the client 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 date the recreational cannabis or cannabis
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product was dispensed.
(3) The form and the quantity of recreational cannabis
or cannabis product 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] cannabis or otherwise treat patients at the
dispensary.
(c) Filing with department.--Prior to dispensing medical
[marijuana] cannabis 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] cannabis greater
than that which the patient or caregiver is permitted to
possess under the certification; or
(2) a form of medical [marijuana] cannabis prohibited by
this act.
(e) Supply.--When dispensing medical [marijuana] cannabis to
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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 until additional certification
is presented under section 405.
(f) Verification.--Prior to dispensing medical [marijuana]
cannabis 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] cannabis.--Medical
[marijuana] cannabis 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] cannabis
for the patient.
(h) Safety insert.--When a dispensary dispenses medical
[marijuana] cannabis 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]
cannabis in individual doses.
(2) Any potential dangers stemming from the use of
medical [marijuana] cannabis.
(3) How to recognize what may be problematic usage of
medical [marijuana] cannabis and how to obtain appropriate
services or treatment for problematic usage.
(4) How to prevent or deter the misuse of medical
[marijuana] cannabis by minors or others.
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(5) Any other information as determined by the
department.
(i) Sealed and labeled package.--Medical [marijuana]
cannabis 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]
cannabis 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] cannabis 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]
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cannabis, recreational cannabis or cannabis products in an
indoor, enclosed, secure facility located within this
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]
cannabis, recreational cannabis or cannabis products.
(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] cannabis under this act.
(5) A dispensary may sell services approved by the
department related to the use of medical [marijuana]
cannabis.
(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.
CHAPTER 9
TAX ON [MEDICAL MARIJUANA] CANNABIS
Section 901. Tax on [medical marijuana] cannabis.
(a) Tax imposed.--A tax is imposed on the gross receipts of
a grower/processor received from the sale of medical [marijuana]
cannabis 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
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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.
(c) (Reserved).
(d) Deposit of proceeds.--All money received from the tax
imposed under subsection (a) shall be deposited into the fund.
(e) Exemption.--Medical [marijuana] cannabis 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] cannabis shall provide to the Department of Revenue
information required by the department.
Section 902. Medical [Marijuana] Cannabis Program Fund.
(a) Fund established.--The Medical [Marijuana] Cannabis
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
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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.
(c) Use of proceeds.--After any repayment made under
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] cannabis 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 caregivers 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] cannabis, including the
research program established under Chapter 19, 30% of the
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revenue in the fund. Funding shall be provided for research
into the treatment of those serious medical conditions for
which medical [marijuana] cannabis is available for treatment
within this Commonwealth and for research into the use of
medical [marijuana] cannabis to treat other medical
conditions for which medical [marijuana] cannabis may have
legitimate medicinal value. Money shall be used to subsidize
the cost of, or provide, medical [marijuana] cannabis 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.
Section 2. The act is amended by adding a section to read:
Section 903. Tax on recreational cannabis and cannabis
products.
(a) Tax imposed.--A tax is imposed on the gross receipts of
a grower/processor received from the sale of recreational
cannabis or cannabis products by a grower/processor to another
grower/processor or dispensary, to be paid by the
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grower/processor at the rate of 10%. 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.
(a.1) Exemption.--The tax under subsection (a) shall not be
levied on a grower/processor that partners with a Pennsylvania
farm to grow or process cannabis for the grower/processor.
(b) Excise tax.--An excise tax is imposed at the point of
sale of recreational cannabis or cannabis products at the rate
of 19%. A person required to collect the tax shall clearly
provide notice of the assessment of the tax to the consumer
through advertising or separate listing on a sales receipt or
invoice.
(c) Payment of tax and reports.--The taxes imposed under
subsections (a) and (b) 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 cannabis product
manufacturing facility 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.--The Department of Revenue shall:
(1) deposit 85% of all money received from the tax
imposed under subsections (a) and (b) into the General Fund;
and
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(2) distribute the remaining money received from the
taxes imposed under subsections (a) and (b) to the Department
of Corrections for jail diversion services, expungement
services, re-entry programs, workforce development, technical
assistance and mentoring services for economically
disadvantaged persons in communities disproportionately
impacted by high rates of arrest and incarceration for
marijuana offenses. The Department of Corrections shall
decide how the money received under this paragraph shall be
used in accordance with this paragraph.
Section 3. Sections 1102 and 1105, Chapter 12 heading,
section 1201, Chapter 13 heading and sections 1301, 1302, 1303,
1304, 1305, 1306, 1307, 1308 and 1309 of the act are amended to
read:
Section 1102. Reports by [medical marijuana] cannabis
organizations.
A [medical marijuana] cannabis 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 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
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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]
cannabis as a result of the enactment of this act.
(2) An assessment of the benefits and risks to patients
using medical [marijuana] cannabis 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.
CHAPTER 12
[MEDICAL MARIJUANA] CANNABIS ADVISORY BOARD
Section 1201. Advisory board.
(a) Establishment.--The [Medical Marijuana] Cannabis
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
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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.
(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.
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(c) Chair.--The secretary, or a designee, shall serve as
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,
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.
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(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
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] cannabis within this
Commonwealth.
(1.1) To examine and analyze the statutory and
regulatory law relating to the use of recreational cannabis
and cannabis products within this Commonwealth.
(1.2) To determine the number of permits the department
shall issue for grower/processors and dispensaries.
(2) To examine and analyze the law and events in other
states and the nation with respect to medical [marijuana]
cannabis.
(3) To accept and review written comments from
individuals and organizations about medical [marijuana]
cannabis.
(4) To issue two years after the effective date of this
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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] cannabis permitted under this act.
(iv) [Whether to change, add or reduce the number of
growers/processors or dispensaries.] (Reserved).
(v) How to ensure affordable patient access to
medical [marijuana] cannabis.
(vi) Whether to permit medical [marijuana] cannabis
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.
CHAPTER 13
OFFENSES RELATED TO [MEDICAL MARIJUANA] CANNABIS
Section 1301. Criminal diversion of medical [marijuana]
cannabis 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]
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cannabis or otherwise provides medical [marijuana] cannabis to a
person who is not lawfully permitted to receive medical
[marijuana] cannabis or provides recreational cannabis or
cannabis products to a person under 21 years of age.
Section 1302. Criminal diversion of [medical marijuana]
cannabis.
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]
cannabis , recreational cannabis or cannabis products to a person
who is not lawfully permitted to receive [medical marijuana]
cannabis:
(1) A [medical marijuana] cannabis organization.
(2) A health care medical [marijuana] cannabis
organization or university participating in a research study
under Chapter 19.
(3) A clinical registrant or academic clinical research
center under Chapter 20.
(4) A laboratory utilized to test medical [marijuana]
cannabis under section 704.
Section 1303. Criminal retention of medical [marijuana]
cannabis.
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]
cannabis in excess of the amount legally permitted.
Section 1304. Criminal diversion of medical [marijuana]
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cannabis 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] cannabis to a person who is not
lawfully permitted to receive medical [marijuana] cannabis.
(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] cannabis or
obtains medical [marijuana] cannabis;
(2) possesses an identification card which falsely
identifies the person as being lawfully entitled to receive
medical [marijuana] cannabis and either attempts to use the
card to obtain medical [marijuana] cannabis or obtains
medical [marijuana] cannabis; 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] cannabis or
obtains medical [marijuana] cannabis.
(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] cannabis.
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(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] cannabis 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, 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] cannabis:
(1) A medical [marijuana] cannabis organization.
(2) A health care medical [marijuana] cannabis
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] cannabis organization, health care medical
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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.
(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.
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(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.
(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.
(c) Sanctions.--
(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
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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,
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] cannabis when doing so would constitute
negligence, professional malpractice or professional
misconduct.
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(2) Possessing or using [medical marijuana] cannabis 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] cannabis by 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] cannabis by employees in a county
correctional facility.
(3) Possessing or using [medical marijuana] cannabis 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. ยง 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. ยง
6402 (relating to definitions). Nothing in this paragraph
shall be construed to apply to employees of the facilities
set forth in this paragraph.
Section 4. The act is amended by adding a section to read:
Section 1310. Lawful conduct.
Notwithstanding any other provision of law, the following
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acts are not unlawful and are not an offense under the laws of
this Commonwealth or the law of a locality within this
Commonwealth or a basis for seizure or forfeiture of an asset
under the laws of this Commonwealth for a person 21 years of age
or older:
(1) Possessing, using, displaying, purchasing or
transporting cannabis accessories, cannabis or cannabis
products.
(2) Either of the following:
(i) Possessing, growing, processing or transporting
not more than six cannabis plants, with not more than
three being mature, flowering plants.
(ii) Possessing the cannabis produced by the plants
under subparagraph (i) on the premises where the plants
were grown, so long as the growing takes place in an
enclosed and locked space and is not conducted openly or
publicly and the cannabis is not made available for sale.
(3) Transfer of one ounce or less of cannabis without
remuneration to a person who is 21 years of age or older.
(4) Consumption of cannabis or cannabis products,
provided that nothing in this section shall permit
consumption that is conducted openly and publicly or in a
manner that endangers others.
(5) Assisting another person who is 21 years of age or
older in an act described under paragraph (1), (2), (3) or
(4).
Section 5. Sections 1901, 1902, 1903, 1904, 1905, 1906, 1907
and 1908 of the act are amended to read:
Section 1901. Definitions.
The following words and phrases when used in this chapter
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shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Health care medical [marijuana] cannabis organization." A
vertically integrated health system approved by the department
to dispense medical [marijuana] cannabis or grow and process
medical [marijuana] cannabis, 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.
Section 1902. Establishment of medical [marijuana] cannabis
research program.
(a) Program to be established.--The department shall
establish and develop a research program to study the impact of
medical [marijuana] cannabis 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] cannabis certified to
treat each serious medical condition.
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(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] cannabis 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
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]
cannabis 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] cannabis as a treatment; and
(ii) where the patient may secure medical
[marijuana] cannabis through a health care medical
[marijuana] cannabis 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
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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] cannabis 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.
(c) Costs.--The cost of the medical [marijuana] cannabis
which is 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] cannabis organization when assigning a
patient to a health care medical [marijuana] cannabis
organization. The department shall make an effort to assign a
patient to a health care medical [marijuana] cannabis
organization that is located within 50 miles of the patient's
residence.
(e) Data.--Data collected by the health care medical
[marijuana] cannabis organization shall be provided to the
university participating in the research study for analysis.
Section 1903. Medical [marijuana] cannabis 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] cannabis organizations with respect to:
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(1) Real time inventory tracking.
(2) Real time tracking of the medical [marijuana]
cannabis dispensed.
(3) Recall of defective medical [marijuana] cannabis.
(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] cannabis,
including administrative costs. These distributions shall also
be used to pay for the cost of the medical [marijuana] cannabis
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] cannabis to
be studied.
(2) The serious medical condition to be studied.
(c) Research reports.--
(1) A vertically integrated health system shall report
on the effectiveness of the use of medical [marijuana]
cannabis 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
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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] cannabis
organization by the department shall authorize access within a
region under section 603(d) to medical [marijuana] cannabis for
all patients included in an approved research study.
Section 1905. Requirements.
(a) Dispensing.--A health care medical [marijuana] cannabis
organization that dispenses medical [marijuana] cannabis 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] cannabis within the
associated pharmacies of the health care medical [marijuana]
cannabis organization in a manner and method prescribed by
the department.
(3) Keep a daily log of the medical [marijuana] cannabis
dispensed and the research study with which the patient and
the medical [marijuana] cannabis 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
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Containment Council the utilization rates of those patients
participating in the research of medical [marijuana] cannabis
and treatment options.
(5) Only dispense medical [marijuana] cannabis received
from a grower/processor or a health care medical [marijuana]
cannabis organization that is approved to grow and process
medical [marijuana] cannabis.
(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] cannabis organization that grows and processes
medical [marijuana] cannabis shall:
(1) Maintain licensure with the department as required
under the Health Care Facilities Act.
(2) Only make available medical [marijuana] cannabis to
health care medical [marijuana] cannabis organizations that
dispense medical [marijuana] cannabis.
(3) Keep a daily log of medical [marijuana] cannabis
intended for ultimate use by patients participating in a
research study.
Section 1906. Restrictions.
A health care medical [marijuana] cannabis 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] cannabis if it has violated its
licensure requirements under the act of July 19, 1979 (P.L.130,
No.48), known as the Health Care Facilities Act.
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Section 1907. Regulations.
The department shall, by regulation, establish the procedure
to be used by a health care medical [marijuana] cannabis
organization that grows and processes medical [marijuana]
cannabis with respect to:
(1) Real time inventory tracking, including a seed-to-
dispensing tracking system that tracks medical [marijuana]
cannabis from seed or immature plant stage until the medical
[marijuana] cannabis 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] cannabis.
(3) A daily log of each day's beginning inventory,
acquisitions, disbursements, disposals and ending inventory.
(4) A system to recall defective medical [marijuana]
cannabis.
(5) A system to track the plant waste resulting from the
growth of medical [marijuana] cannabis.
(6) Testing of medical [marijuana] cannabis by an
independent laboratory to test the medical [marijuana]
cannabis produced by the health care medical [marijuana]
cannabis organization, including 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]
cannabis or to participate in a research study.
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Section 6. Sections 2000, 2002 and 2003 of the act, amended
or added June 22, 2018 (P.L.322, No.43), are amended to read:
Section 2000. Legislative findings and declaration of policy.
(a) Legislative findings.--It is determined and declared as
a matter of legislative finding:
(1) Patients suffering from serious medical conditions
deserve the benefit of research conducted in conjunction with
the Commonwealth's medical schools to determine whether
medical [marijuana] cannabis will improve their conditions or
symptoms.
(2) The Commonwealth has an interest in creating a
mechanism whereby the Commonwealth's medical schools and
hospitals can help develop research programs and studies in
compliance with applicable law.
(b) Declaration of policy.--The General Assembly declares as
follows:
(1) It is the intention of the General Assembly to
create a mechanism whereby this Commonwealth's medical
schools and hospitals may provide advice to grower/processors
and dispensaries in the areas of patient health and safety,
medical applications and dispensing and management of
controlled substances, among other areas. It is the further
intention of the General Assembly to create a mechanism
whereby the Commonwealth may encourage research associated
with medical [marijuana] cannabis.
(2) It is the policy of the Commonwealth to allow, in
addition to the 25 grower/processors and 50 dispensaries
initially authorized under section 616, the operation of
additional grower/processors and dispensaries which will be
approved by the department as clinical registrants. A
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clinical registrant is a grower/processor and a dispensary
which has a contractual relationship with a medical school
that operates or partners with a hospital to provide advice
about medical [marijuana] cannabis so that patient safety may
be enhanced.
Section 2002. Clinical registrants.
(a) Approval.--The department may approve up to eight
clinical registrants. Each clinical registrant may provide
medical [marijuana] cannabis at not more than six separate
locations. The total number of locations authorized to dispense
medical [marijuana] cannabis under this section shall not exceed
48. The grower/processor and dispensary permits issued to
clinical registrants approved under this section shall be in
addition to the 25 grower/processor and 50 dispensary permits
issued by the department in accordance with section 616(1) and
(2). The limitations relating to number and location in sections
616(1) and (2) and 603(d) do not apply. A clinical registrant
may not hold more than one grower/processor and one dispensary
permit. Once the department approves the entity as a clinical
registrant, the entity shall comply with this chapter.
(b) Requirements.--The following shall apply to clinical
registrants:
(1) An entity seeking approval as a clinical registrant
shall submit an application to the department in such form
and manner as the department prescribes. The department shall
ensure that the applicant meets the requirements of this act
before approving the application to become a clinical
registrant.
(2) An entity may be issued a permit as a
grower/processor or dispensary before seeking approval as a
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clinical registrant. An entity may also apply for a permit as
a grower/processor or a dispensary at the same time the
entity seeks approval from the department as a clinical
registrant.
(3) An entity seeking approval as a clinical registrant
that does not already hold a permit as a grower/processor or
a dispensary shall submit the applications required under
Chapter 6. In reviewing an application, the department shall
ensure that the entity meets all of the requirements for the
issuance of a grower/processor permit or a dispensary permit,
as applicable.
(4) When the department issues a permit as a
grower/processor or a dispensary to an entity seeking
approval as a clinical registrant, the issuance shall not be
construed to reduce the number of permits for
growers/processors and dispensaries authorized under section
616(1) and (2).
(5) Except as provided in section 607(1)(vi) and (2)
(vi), an entity seeking approval as 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. Upon approval of the department, a clinical
registrant shall be issued a grower/processor permit and a
dispensary permit and shall be a [medical marijuana] cannabis
organization. As a [medical marijuana] cannabis organization,
a clinical registrant must comply with all the provisions of
this act relating to [medical marijuana] cannabis
organizations except as otherwise provided in this chapter.
(6) The clinical registrant must have a minimum of
$15,000,000 in capital. The department shall verify the
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capital requirement.
(7) The clinical registrant must comply with all other
requirements of this act regarding growing, processing and
dispensing medical [marijuana] cannabis.
(8) A grower/processor facility owned by a clinical
registrant may sell its medical [marijuana] cannabis products
only to the clinical registrant's dispensary facilities and
the dispensary facilities of other clinical registrants. The
facility may sell seeds, medical [marijuana] cannabis plants
and medical [marijuana] cannabis products to, or exchange
seeds, medical [marijuana] cannabis plants and medical
[marijuana] cannabis products with, any other
grower/processor facility holding a permit under Chapter 6 or
this chapter.
(9) A clinical registrant may petition the department,
on a form prescribed by the department, for approval to sell
certain of the medical [marijuana] cannabis products grown
and processed by its grower/processor facility to other
medical [marijuana] cannabis organizations holding dispensary
permits under Chapter 6. The petition must be accompanied by
a written report of the clinical registrant's research
findings with respect to the medical [marijuana] cannabis
products which are the subject of the petition. The
department shall approve the petition if it has been
demonstrated that the medical [marijuana] cannabis products
have a practical effect on patients which changes a
recommendation within the medical field as indicated in the
report submitted by the clinical registrant.
(10) A dispensary owned by a clinical registrant may
dispense medical [marijuana] cannabis products to a patient
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or caregiver who presents a valid identification card to an
employee who is authorized to dispense medical [marijuana]
cannabis products at a dispensary location operated by the
clinical registrant, regardless of whether the patient is a
participant in a research study or program.
Section 2003. Research study.
(a) Applicability.--The provisions of this section shall
apply upon publication of the notice under section 2108.
(b) Procedures.--The department may, upon application,
approve the dispensing of medical [marijuana] cannabis 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 and strength of medical [marijuana]
cannabis 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 and 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
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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] cannabis seed between clinical registrants for
the conduct of research.
Section 7. Sections 2101, 2101.1, 2102, 2103, 2104, 2105 and
2106 of the act are amended to read:
Section 2101. Conflict.
The growth, processing, manufacture, acquisition,
transportation, sale, dispensing, distribution, possession and
consumption of [medical marijuana] cannabis 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]
cannabis 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] cannabis organization or in a holding
company, affiliate, intermediary or subsidiary thereof, while
the individual is an executive-level public employee, public
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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] cannabis 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.
(c) Grading.--An individual who violates this section
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 subsection (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" or "executive-level public employee" as
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defined under 4 Pa.C.S. ยง 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. ยง
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. ยง 1512(b).
"Immediate family." As defined in 4 Pa.C.S. ยง 1512(b).
"Party officer." As defined in 4 Pa.C.S. ยง 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
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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] cannabis 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]
cannabis.
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] cannabis or manufacture or
sale or dispensing of medical [marijuana] cannabis, or for any
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other action taken in accordance with this act:
(1) A patient.
(2) A caregiver.
(3) A practitioner.
(4) A [medical marijuana] cannabis organization.
(5) A health care [medical marijuana] cannabis
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] cannabis organization.
(8) An employee of a health care medical [marijuana]
cannabis 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] cannabis.
(2) Nothing in this act shall require an employer to
make any accommodation of the use of medical [marijuana]
cannabis on the property or premises of any place of
employment. This act shall in no way limit an employer's
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ability to discipline an employee for being under the
influence of medical [marijuana] cannabis in the workplace or
for working while under the influence of medical [marijuana]
cannabis 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.
(c) Custody determination.--The fact that an individual is
certified to use medical [marijuana] cannabis 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] cannabis
by a student on the grounds of a preschool, primary school
and a secondary school.
(2) Possession and use of medical [marijuana] cannabis
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] cannabis
by a child under the care of a child-care or social service
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center licensed or operated by the Department of Human
Services.
(2) Possession and use of medical [marijuana] cannabis
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] cannabis
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] cannabis 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] cannabis 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 8. The act is amended by adding sections to read:
Section 2106.1. Employers, minors and control of property.
(a) Employers.--This section is not intended to require an
employer to permit or accommodate the use, consumption,
possession, transfer, display, transportation, sale or growing
of recreational cannabis or cannabis products in the workplace
or to affect the ability of employers to have policies
restricting the use of recreational cannabis and cannabis
products by employees in the workplace. A random drug test
showing the mere presence of a nonintoxicating level of cannabis
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may not be the basis of the termination of employment or any
other disciplinary action against the employee.
(b) Persons and other entities.--This act does not prohibit
a person, employer, school, hospital, detention facility,
corporation or another entity who occupies, owns or controls a
property from prohibiting or otherwise regulating the
possession, consumption, use, display, transfer, distribution,
sale, transportation or growing of cannabis on or in the
property.
Section 2106.2. Cannabis clean slate.
(a) General rule.--A person who has been arrested for,
charged with or convicted under section 13(a)(30) and (31) of
the act of April 14, 1972 (P.L.233, No.64), known as The
Controlled Substance, Drug, Device and Cosmetic Act, shall have
the person's criminal history related to the criminal proceeding
expunged in accordance with subsection (b).
(b) Expungement process.--The following shall apply:
(1) The Administrative Office of Pennsylvania Courts
shall, within six months of the effective date of this act,
transmit to the Pennsylvania State Police central repository
all records related to an arrest or conviction under
subsection (a) for expungement.
(2) If the Pennsylvania State Police determines a record
transmitted under paragraph (1) is not eligible for
expungement, it shall notify the Administrative Office of
Pennsylvania Courts of the determination within 30 days of
receiving the information. Upon expiration of the 30-day
period, the Administrative Office of Pennsylvania Courts
shall provide to the court of common pleas in which the
arrest or adjudication occurred a list of all records
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eligible for expungement. Within 30 days of receiving the
list, the court of common pleas shall order the expungement
of all criminal history records received under this section
and all administrative records of the Department of
Transportation relating to the criminal history records
received under this section.
(c) Release of inmates.--A court of common pleas that has
received an expungment order for a person currently incarcerated
for the crime for which the court received the expungment order
shall transmit to the appropriate county correctional facility
or State correctional institution, as defined under 61 Pa.C.S. ยง
102 (relating to definitions), an order for the immediate
release or discharge of the person whose record has been ordered
to be expunged.
(d) Motor vehicle operation privileges.--The Bureau of Motor
Vehicles shall reinstate a person's suspended or revoked motor
vehicle operation privileges that were suspended or revoked as a
result of a person's conviction that has been expunged under
this section.
(e) Reinstatement of license or registration.--A license or
registration that has been suspended or revoked under section 23
of The Controlled Substance, Drug, Device and Cosmetic Act due
to an arrest or conviction that has been expunged under this
section shall be reinstated.
Section 9. Sections 2108 and 2109 of the act are amended to
read:
Section 2108. Notice.
Upon amendment of the Controlled Substances Act (Public Law
91-513, 84 Stat. 1236) removing [marijuana] cannabis from
Schedule I of the Controlled Substances Act, the department
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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] cannabis
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 10. The act is amended by adding a section to read:
Section 2109.1. Repeals.
Repeals are as follows:
(1) Section 4(1)(iii)16 and (iv) of the act of April 14,
1972 (P.L.233, No.64), known as The Controlled Substance,
Drug, Device and Cosmetic Act, are repealed.
(2) Section 13(a)(30) and (31) of The Controlled
Substance, Drug, Device and Cosmetic Act are repealed insofar
as they are inconsistent with this act.
(3) All acts and parts of acts are repealed insofar as
they are inconsistent with this act.
Section 11. This act shall take effect in 60 days.
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