A00804
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
538
Session of
2023
INTRODUCED BY LAUGHLIN, KANE AND MUTH, APRIL 4, 2023
REFERRED TO LAW AND JUSTICE, APRIL 4, 2023
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; and, in
program, further providing for lawful use of medical
marijuana and for unlawful use of medical marijuana.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 103 of the act of April 17, 2016 (P.L.84,
No.16), known as the Medical Marijuana Act, is amended by adding
a definition definitions to read:
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:
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"Edible medical marijuana product." A medical marijuana
product intended for human consumption, in whole or in part, by
oral ingestion. The term does not include a medical marijuana
product in the following forms:
(1) Pill.
(2) Oil.
(3) Topical forms, including gels, creams or ointments.
(4) A form medically appropriate for administration by
vaporization or nebulization.
(5) Tincture.
(6) Liquid.
"Infused edible product." A medical marijuana product which
is chewed, dissolved, taken sublingually or swallowed. The term
includes oils, tinctures, capsules, tablets, gummies, liquids,
including beverages and other ingestible forms. The term does
not include forms medically appropriate for administration by
vaporization or nebulization, including dry leaf or plant
materials.
"Infused nonedible product." A medical marijuana product
which is used topically or otherwise not intended for ingestion.
The term includes gels, creams, patches or ointments. The term
does not include forms medically appropriate for administration
by vaporization or nebulization, including dry leaf and plant
materials.
* * *
Section 2. Section 303(b)(2) of the act is amended and the
section is amended by adding a subsection to read:
Section 2. Section 303(b)(2) and (8) of the act are amended
and the subsection is amended by adding paragraphs to read:
Section 303. Lawful use of medical marijuana.
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* * *
(b) Requirements.--The lawful use of medical marijuana is
subject to the following:
* * *
(2) [Subject to regulations promulgated under this act,
medical] Medical marijuana 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[.]; or
(vii) edible medical marijuana product.
* * *
(c) Edible medical marijuana products.--The department shall
promulgate regulations governing eligible medical marijuana
products, including, but not limited to, the packaging,
labeling, marketing and appearance of eligible medical marijuana
products to ensure the safety of patients and minors. The
department may require a grower/processor to comply with
additional food safety requirements as the department deems
necessary for the processing of edible medical marijuana
products.
(vii) infused edible product;
(viii) infused nonedible product; or
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(ix) forms medically appropriate for administration
by vaporization or nebulization, including dry leaf and
plant material.
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(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, the percentage of
tetrahydrocannabinol and cannabinol contained in the product
and any other labeling [required by the department.] deemed
necessary by the medical marijuana organization.
(9) The department shall publish guidelines for
packaging and labeling of medical marijuana. Pre-approval of
packaging and labels by the department shall not be required.
All packaging shall be childproof and free of names, colors
or images that would be attractive to individuals under 21
years of age. Packaging that will be in contact with infused
edible products must be food grade.
(10) The department may require a grower/processor to
comply with additional food safety requirements as the
department deems necessary for the processing of infused
edible products.
Section 3. Section 304(b)(2) and (c) of the act are amended
to read:
Section 304. Unlawful use of medical marijuana.
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(b) Unlawful use described.--It is unlawful to:
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[(2) Except as provided under subsection (c),
incorporate medical marijuana into edible form.]
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* * *
[(c) Edible medical marijuana.--Nothing in this act shall be
construed to preclude the incorporation of medical marijuana
into edible form by a patient or a caregiver in order to aid
ingestion of the medical marijuana by the patient.]
Section 4. This act shall take effect in 30 days.
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