H1024B1596A01130 PWK:EJH 05/25/21 #90 A01130
AMENDMENTS TO HOUSE BILL NO. 1024
Sponsor: REPRESENTATIVE FRANKEL
Printer's No. 1596
Amend Bill, page 1, line 17, by striking out "AND" and
inserting a comma
Amend Bill, page 1, line 18, by inserting after "RELOCATION"
and for limitations on permits
Amend Bill, page 1, line 21, by inserting after
"requirements;"
in Medical Marijuana Advisory Board, further providing for
advisory board and for regulations based on recommendations
of advisory board; in academic clinical research centers and
clinical registrants, further providing for clinical
registrants;
Amend Bill, page 1, lines 25 through 27; page 2, line 1; by
striking out all of said lines on said pages and inserting
Section 1. The definitions of "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:
Amend Bill, page 2, by inserting between lines 20 and 21
"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]
central nervous system with objective neurological indication
of intractable spasticity and other associated neuropathies.
(7) Epilepsy.
(8) Inflammatory bowel disease.
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(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) Terminal illness.
(19) Dyskinetic and spastic movement disorders.
(20) 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.
(21) Anxiety disorders.
(22) Tourette Syndrome.
* * *
Amend Bill, page 2, line 21, by inserting after "609,"
616(1) and (2),
Amend Bill, page 2, line 22, by striking out "801(e)" and
inserting
801(b) and (e)
Amend Bill, page 2, line 22, by inserting after "802(a)(1)"
, 1201(j), 1202, 2002(a)
Amend Bill, page 5, by inserting between lines 19 and 20
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] 50 growers/processors.
(2) The department may not initially issue permits to
more than [50] 100 dispensaries. Each dispensary may provide
medical marijuana at no more than three separate locations.
* * *
Amend Bill, page 8, by inserting between lines 14 and 15
(b) Requirements.--A dispensary shall have a physician or a
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
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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.
* * *
Amend Bill, page 8, by inserting between lines 28 and 29
Section 1201. Advisory 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 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
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.
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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 2002. Clinical registrants.
(a) Approval.--The department may approve up to [eight] nine
clinical registrants. Each clinical registrant may provide
medical marijuana at not more than six separate locations. The
total number of locations authorized to dispense medical
marijuana under this section shall not exceed [48] 54. The
grower/processor and dispensary permits issued to clinical
registrants approved under this section shall be in addition to
the [25] 50 grower/processor and [50] 100 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.
* * *
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