Trial Engrossment of Amendment A01179 to House Bill 1024 P.N. 1596, Regular Session 2021-2022

A01179

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1024

Session of

2021

INTRODUCED BY SCHEMEL, BURGOS, POLINCHOCK, RAPP, RYAN,

ZIMMERMAN, WHEATLEY, SHUSTERMAN AND FRANKEL, MARCH 26, 2021

AS REPORTED FROM COMMITTEE ON HEALTH, HOUSE OF REPRESENTATIVES,

AS AMENDED, MAY 24, 2021

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 AND FOR

RELOCATION; IN MEDICAL MARIJUANA CONTROLS, FURTHER PROVIDING

FOR GROWER/PROCESSOR AND FOR LABORATORY; in dispensaries,

further providing for dispensing to patients and caregivers

and for facility requirements; in Medical Marijuana Advisory

Board, further providing for advisory board and for

regulations based on recommendations of advisory board; 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 "caregiver,"

"continuing care" and "serious medical condition" 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:

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.

* * *

"Serious medical condition." Any of the following:

(1) Cancer, including remission therapy.

(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]

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central nervous system with objective neurological indication

of intractable spasticity and other associated neuropathies.

(7) Epilepsy.

(8) Inflammatory bowel disease.

(9) Neuropathies.

(10) Huntington's disease.

(11) Crohn's disease.

(12) Post-traumatic stress disorder.

(13) Intractable seizures.

(14) Glaucoma.

(15) Sickle cell anemia.

(16) Severe chronic or intractable pain of neuropathic

origin or severe chronic or intractable pain [in which

conventional therapeutic intervention and opiate therapy is

contraindicated or ineffective].

(17) Autism.

(18) Neurodegenerative diseases.

(19) Terminal illness.

(20) Dyskinetic and spastic movement disorders.

(21) Opioid use disorder for which conventional

therapeutic interventions are contraindicated or ineffective,

or for which adjunctive therapy is indicated in combination

with primary therapeutic interventions.

(22) Anxiety disorders.

(23) Tourette Syndrome.

* * *

Section 2. Sections 303(b)(4), 405, 502(b), 602(a)(4), 609,

702, 704, 801(e) 801(b) and (e), 802(a)(1), 1201, 1202 and

2109(a) of the act are amended 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:

* * *

[(4) An individual may not act as a caregiver for more

than five patients.]

* * *

Section 405. Duration.

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

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suitability to serve as a caregiver under this act. The criminal

history record information provided under this subsection shall

MAY 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

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

A01179 - 5 -

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 MAY 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 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 609. RELOCATION.

(A) AUTHORIZATION.--THE DEPARTMENT MAY APPROVE AN

APPLICATION FROM A MEDICAL MARIJUANA ORGANIZATION TO RELOCATE

WITHIN THIS COMMONWEALTH OR TO ADD OR DELETE ACTIVITIES OR

FACILITIES.

(B) DESIGNATIONS.--NOTWITHSTANDING THE PROVISIONS OF

SUBSECTION (A), A DISPENSARY MAY INTERCHANGE THE DESIGNATION OF

A PRIMARY, SECONDARY OR TERTIARY LOCATION AT ANY TIME, INCLUDING

THE PERIOD BEFORE A LOCATION BECOMES OPERATIONAL, BY PROVIDING

WRITTEN NOTICE TO THE DEPARTMENT AT LEAST 14 DAYS BEFORE THE

CHANGE IN DESIGNATION. A CHANGE IN DESIGNATION UNDER THIS

SUBSECTION MAY NOT BE SUBJECT TO APPROVAL BY THE DEPARTMENT.

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

A01179 - 6 -

INITIALLY GROW MEDICAL MARIJUANA.

(2) OBTAIN SEED AND PLANT MATERIAL FROM ANOTHER

GROWER/PROCESSOR WITHIN THIS COMMONWEALTH TO GROW MEDICAL

MARIJUANA.

(3) REMEDIATE CONTAMINATION TO SEEDS, IMMATURE MEDICAL

MARIJUANA PLANTS, MEDICAL MARIJUANA PLANTS, MEDICAL MARIJUANA

FLOWER OR MEDICAL MARIJUANA PRODUCTS AT ANY TIME BEFORE FINAL

PROCESSING, AFTER A FAILED TEST OR IN PREPARING A MEDICAL

MARIJUANA PRODUCT FOR INDEPENDENT LABORATORY TESTING.

(4) RELEASE A MEDICAL MARIJUANA PRODUCT AFTER

INDEPENDENT LABORATORY TESTING CONCLUDES THE CONTAMINATION TO

THE MEDICAL MARIJUANA PRODUCT HAS BEEN REMEDIATED.

(5) ADD PHARMACEUTICAL-GRADE OR FOOD-GRADE ADDITIVES TO

MEDICAL MARIJUANA, INCLUDING HEMP OR HEMP-DERIVED

INGREDIENTS. HEMP OR HEMP-DERIVED INGREDIENTS UNDER THIS

PARAGRAPH SHALL BE OBTAINED FROM AN ENTITY THAT HAS AN

APPROPRIATE PERMIT FROM THE DEPARTMENT OF AGRICULTURE OF THE

COMMONWEALTH.

(B) LIMITATIONS.--

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

PROCESS MEDICAL MARIJUANA IN AN INDOOR, ENCLOSED, SECURE

FACILITY WHICH:

(I) INCLUDES ELECTRONIC LOCKING SYSTEMS, ELECTRONIC

SURVEILLANCE AND OTHER FEATURES REQUIRED BY THE

DEPARTMENT; AND

(II) IS LOCATED WITHIN THIS COMMONWEALTH.

(2) [(RESERVED).] FOR THE PURPOSE OF PARAGRAPH (1), THE

DEPARTMENT SHALL PERMIT VIDEO SURVEILLANCE WITH VIDEO

RECORDINGS TRIGGERED VIA MOTION SENSORS. A GROWER/PROCESSOR

THAT UTILIZES THE VIDEO SURVEILLANCE AUTHORIZED UNDER THIS

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PARAGRAPH SHALL RETAIN THE VIDEO RECORDINGS FOR A PERIOD OF

NO LESS THAN 90 DAYS. In addition to the requirements of the

department under paragraph (1), a grower/processor shall

maintain continuous video surveillance. A grower/processor is

required to retain the recordings for a period of no less

than one year, unless otherwise required for investigative or

litigation purposes.

(1) A GROWER/PROCESSOR MAY USE A PESTICIDE THAT IS

REGISTERED BY THE DEPARTMENT OF AGRICULTURE UNDER THE ACT OF

MARCH 1, 1974 (P.L.90, NO.24), KNOWN AS THE PENNSYLVANIA

PESTICIDE CONTROL ACT OF 1973.

(2) NOTWITHSTANDING ANY PROVISION OF THE PENNSYLVANIA

PESTICIDE CONTROL ACT OF 1973 OR ANY OTHER STATE LAW OR

REGULATION, THE SECRETARY OF AGRICULTURE SHALL ESTABLISH

PROCEDURES AND OPERATE A PERIODIC PROCESS UNDER WHICH

PESTICIDES ARE REVIEWED, APPROVED AND REGISTERED FOR USE IN

THE CULTIVATION OF MEDICAL MARIJUANA.

(3) THE PROCEDURES ESTABLISHED BY THE SECRETARY OF

AGRICULTURE UNDER PARAGRAPH (2) SHALL BE CONSISTENT WITH THE

PENNSYLVANIA PESTICIDE CONTROL ACT OF 1973 AND THE FEDERAL

INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (61 STAT. 163, 7

U.S.C. § 136 ET SEQ.)

(4) THE SECRETARY OF AGRICULTURE MAY REGISTER PESTICIDES

APPROVED FOR USE IN THE CULTIVATION OF MEDICAL MARIJUANA BY

OTHER STATES OR JURISDICTIONS IF THE SECRETARY OF AGRICULTURE

DETERMINES THAT THE PESTICIDE REGISTRATION AND APPROVAL

REQUIREMENTS OF ANOTHER STATE OR JURISDICTION ARE

COMPREHENSIVE, THOROUGH AND PROVIDE SIMILAR SAFEGUARDS AND

PROTECTIONS AS THOSE REQUIRED UNDER THE PENNSYLVANIA

A01179 - 8 -

PESTICIDE CONTROL ACT OF 1973.

cooperation with the Department of Agriculture, a periodic

process under which pesticides may be reviewed and approved for

use by a grower/processor.

SECTION 704. LABORATORY.

(A) GENERAL TESTING.--A GROWER/PROCESSOR SHALL CONTRACT WITH

[AN INDEPENDENT LABORATORY] ONE OR MORE INDEPENDENT LABORATORIES

TO TEST THE MEDICAL MARIJUANA PRODUCED BY THE GROWER/PROCESSOR.

THE DEPARTMENT SHALL APPROVE [THE] A LABORATORY UNDER THIS

SUBSECTION AND REQUIRE THAT THE LABORATORY REPORT TESTING

RESULTS IN A MANNER AS THE DEPARTMENT SHALL DETERMINE[,

INCLUDING REQUIRING A TEST AT HARVEST AND] OF A TEST AT FINAL

PROCESSING. THE POSSESSION BY A LABORATORY OF MEDICAL MARIJUANA

SHALL BE A LAWFUL USE.

(B) STABILITY TESTING.--A LABORATORY SHALL PERFORM STABILITY

TESTING TO ENSURE THE MEDICAL MARIJUANA PRODUCT'S POTENCY AND

PURITY. A GROWER/PROCESSOR SHALL RETAIN A SAMPLE FROM EACH

HARVEST BATCH OF MEDICAL MARIJUANA AND REQUEST THAT A SAMPLE BE

IDENTIFIED AND COLLECTED BY A LABORATORY APPROVED UNDER

SUBSECTION (A) FROM A HARVEST BATCH TO PERFORM STABILITY TESTING

UNDER THE FOLLOWING CONDITIONS:

(1) THE HARVEST BATCH OF MEDICAL MARIJUANA IS STILL IN

INVENTORY AT A DISPENSARY IN THIS COMMONWEALTH.

(2) THE STABILITY TESTING IS DONE AT SIX-MONTH INTERVALS

FOR THE DURATION OF THE EXPIRATION DATE PERIOD AS LISTED ON

THE MEDICAL MARIJUANA PRODUCT.

Section 801. Dispensing to patients and caregivers.

* * *

(b) Requirements.--A dispensary shall have a physician or a

A01179 - 9 -

pharmacist [onsite] available, either in person or remotely, to

verify patient certifications and to consult with patients and

caregivers 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] cover each of

the other locations in lieu of the physician or pharmacist. A

physician, a pharmacist, a physician assistant or a certified

registered nurse practitioner shall, prior to assuming duties

under this paragraph, successfully complete the course

established in section 301(a)(6). A physician may not issue a

certification to authorize patients to receive medical marijuana

or otherwise treat patients at the dispensary.

* * *

(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 1201. Advisory board.

* * *

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(j) Duties.--The advisory board shall have the following

duties:

(1) To examine and analyze the statutory and regulatory

law relating to medical marijuana within this Commonwealth.

(2) To examine and analyze the law and events in other

states and the nation with respect to medical marijuana.

(3) To accept and review written comments from

individuals and organizations about medical marijuana.

(4) To issue [two years after the effective date of this

section a written report] written reports to the Governor,

the Senate and the House of Representatives no more

frequently than annually.

(5) The written [report] reports under paragraph (4)

shall include recommendations and findings as to the

following:

(i) Whether to change the types of medical

professionals who can issue certifications to patients.

(ii) Whether to change, add or reduce the types of

medical conditions which qualify as serious medical

conditions under this act.

(iii) Whether to change the form of medical

marijuana permitted under this act.

(iv) Whether to change, add or reduce the number of

growers/processors or dispensaries.

(v) How to ensure affordable patient access to

medical marijuana.

[(vi) Whether to permit medical marijuana to be

dispensed in dry leaf or plant form, for administration

by vaporization.]

(6) The [final written report] written reports issued

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under this section shall be adopted at a public meeting. The

[report] reports shall be a public record under the act of

February 14, 2008 (P.L.6, No.3), known as the Right-to-Know

Law.

Section 1202. Regulations based on recommendations of advisory

board.

After receiving [the] a report of the advisory board under

section 1201(j)(4), at the discretion of the secretary, the

department may promulgate regulations to effectuate

recommendations made by the advisory board. The secretary shall

issue notice in the Pennsylvania Bulletin within 12 months of

the receipt of [the] a report of the advisory board. The notice

shall include the recommendations of the advisory board and

shall state the specific reasons for the decision of the

secretary on whether or not to effectuate each recommendation.

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

immediately.

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