PRINTER'S NO. 4550
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2945
Session of
2020
INTRODUCED BY SCHEMEL, TOOHIL, MILLARD, MOUL, KAUFER, THOMAS,
POLINCHOCK, FRANKEL, INNAMORATO, WHEATLEY, MULLERY AND
SCHLOSSBERG, OCTOBER 19, 2020
REFERRED TO COMMITTEE ON HEALTH, OCTOBER 19, 2020
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 definitions; in program,
further providing for lawful use of medical marijuana; in
practitioners, further providing for duration; in patients,
further providing for caregivers; in medical marijuana
organizations, further providing for permits; in
dispensaries, further providing for dispensing to patients
and caregivers and for facility requirements; and, in
miscellaneous provisions, further providing for
applicability.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definitions of "caregiver" and "continuing
care" in section 103 of the act of April 17, 2016 (P.L.84,
No.16), known as the Medical Marijuana Act, are amended and the
section is amended by adding a definition to read:
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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:
* * *
"Caregiver." The [individual] person designated by a patient
or, if the patient is under 18 years of age, an individual under
section 506(2), to deliver medical marijuana.
* * *
"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] a consultation with the patient.
* * *
"Person." Any natural person, corporation, foundation,
organization, business trust, estate, limited liability company,
licensed corporation, trust, partnership, limited liability
partnership, association or other form of legal business entity.
* * *
Section 2. Sections 303(b)(4), 405, 502(b), 602(a)(4),
801(e), 802(a)(1) and 2109(a) of the act are amended to read:
Section 303. Lawful use of medical marijuana.
* * *
(b) Requirements.--The lawful use of medical marijuana is
subject to the following:
* * *
[(4) An individual may not act as a caregiver for more
than five patients.]
* * *
Section 405. Duration.
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Receipt of medical marijuana by a patient or caregiver from a
dispensary may not exceed a [30-day] 90-day supply of individual
doses. During the last seven days of any 30-day period during
the term of the identification card, a patient may obtain and
possess a [30-day] 90-day supply for the subsequent 30-day
period. Additional [30-day] 90-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 502. Caregivers.
* * *
(b) Criminal history.--A caregiver who has not been
previously approved by the department under this section shall
submit fingerprints for the purpose of obtaining criminal
history record checks, and the Pennsylvania State Police or its
authorized agent shall submit the fingerprints to the Federal
Bureau of Investigation for the purpose of verifying the
identity of the applicant and obtaining a current record of any
criminal arrests and convictions. Any criminal history record
information relating to a caregiver obtained under this section
by the department may be interpreted and used by the department
only to determine the applicant's character, fitness and
suitability to serve as a caregiver under this act. The criminal
history record information provided under this subsection shall
not be subject to the limitations under 18 Pa.C.S. § 9121(b)(2)
(relating to general regulations). The department shall also
review the prescription drug monitoring program relating to the
caregiver. The department shall deny the application of a
caregiver who has been convicted of a criminal offense that
occurred within the past five years relating to the sale or
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possession of drugs, narcotics or controlled substances. The
department may deny an application if the applicant has a
history of drug abuse or of diverting controlled substances or
illegal drugs.
Section 602. Permits.
(a) Application.--An application for a grower/processor or
dispensary permit to grow, process or dispense medical marijuana
shall be in a form and manner prescribed by the department and
shall include:
* * *
(4) A criminal history record check. Medical marijuana
organizations applying for a permit shall submit fingerprints
of principals, financial backers, operators and employees to
the Pennsylvania State Police for the purpose of obtaining
criminal history record checks and the Pennsylvania State
Police or its authorized agent shall submit the fingerprints
to the Federal Bureau of Investigation for the purpose of
verifying the identity of the principals, financial backers,
operators and employees and obtaining a current record of any
criminal arrests and convictions. Any criminal history record
information relating to principals, financial backers,
operators and employees obtained under this section by the
department may be interpreted and used by the department only
to determine the principal's, financial backer's, operator's
and employee's character, fitness and suitability to serve as
a principal, financial backer, operator and employee under
this act. The criminal history record information provided
under this subsection shall not be subject to the limitations
under 18 Pa.C.S. § 9121(b)(2) (relating to general
regulations). This paragraph shall not apply to an owner of
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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 organization.
* * *
Section 801. Dispensing to patients and caregivers.
* * *
(e) Supply.--When dispensing medical marijuana to a patient
or caregiver, the dispensary may not dispense an amount greater
than a [30-day] 90-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.
* * *
Section 802. Facility requirements.
(a) General rule.--
(1) A dispensary may [only] dispense medical marijuana
in an indoor, enclosed, secure facility located within this
Commonwealth[,] or in accordance with a curbside delivery
protocol as determined by the department.
* * *
Section 2109. Applicability.
[(a) Dispensaries.--The provisions of this act with respect
to dispensaries shall not apply beginning 1,095 days from the
effective date of an amendment to the Controlled Substances Act
(Public Law 91-513, 84 Stat. 1236) removing marijuana from
Schedule I of the Controlled Substances Act.]
* * *
Section 3. This act shall take effect in 60 days.
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