H1024B1059A01044 AJB:JMT 05/21/21 #90 A01044
AMENDMENTS TO HOUSE BILL NO. 1024
Sponsor: REPRESENTATIVE COX
Printer's No. 1059
Amend Bill, page 1, line 17, by inserting after "permits"
and for relocation; in medical marijuana controls, further
providing for grower/processor and for laboratory
Amend Bill, page 2, line 20, by inserting after "602(a)(4),"
609, 702, 704,
Amend Bill, page 3, line 24, by striking out "shall" and
inserting
may
Amend Bill, page 4, line 28, by striking out "shall" and
inserting
may
Amend Bill, page 5, by inserting between lines 5 and 6
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
initially grow medical marijuana.
(2) Obtain seed and plant material from another
grower/processor within this Commonwealth to grow medical
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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
paragraph shall retain the video recordings for a period of
no less than 90 days.
(c) Pesticides.--The following shall apply:
(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. ยง 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
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protections as those required under the Pennsylvania
Pesticide Control Act of 1973.
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.
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