S0773B0860A02014 NAD:EJH 09/15/23 #90 A02014
AMENDMENTS TO SENATE BILL NO. 773
Sponsor: SENATOR GEBHARD
Printer's No. 860
Amend Bill, page 1, line 13, by striking out "and,"
Amend Bill, page 1, line 18, by striking out the period after
"licenses" and inserting
; and, in academic clinical research centers and clinical
registrants, further providing for definitions.
Amend Bill, page 4, lines 5 through 7, by striking out "have
all the rights and privileges" in line 5, all of line 6 and
"organizations under section 601(2). (c) " in line 7 and inserting
carry the same rights, privileges and obligations as
dispensary permits issued under this chapter.
(c) Dispensing and facility requirements.--The dispensary
permits issued under this section shall be subject to the
requirements in Chapter 8.
Amend Bill, page 4, line 8, by striking out "(c)" and
inserting
(d)
Amend Bill, page 4, line 13, by inserting after
"Commonwealth."
Nothing in this section shall prohibit the department from
taking action for a violation of section 618(a)(4).
Amend Bill, page 4, by inserting between lines 28 and 29
(4) The department shall require an applicant for a
dispensary permit authorized under section 617 to certify to
the department in the application that the applicant will not
enter into a merger, acquisition, change of control
transaction or otherwise become associated with or materially
the same as another medical marijuana organization, entity or
person that holds a permit from the department for a duration
of one year from the date on which the independent
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grower/processor receives an operational certificate from the
department.
Amend Bill, page 5, line 3, by inserting after "permitting"
under this chapter
Amend Bill, page 6, line 8, by striking out "issue" and
inserting
make a determination on the issuance of
Amend Bill, page 6, lines 18 through 30; page 7, lines 1 and
2; by striking out all of said lines on said pages and inserting
(c) Fees.--
(1) An independent grower/processor applying for:
(i) An ini tial application fee in the amount of
$5,000. The fee is nonrefundable.
(ii) A permit fee of $30,000 for each location. The
period of the permit shall be one year. An applicant
shall submit the permit fee at the time of submission of
the application. The fee shall be returned if the
application is not granted.
(iii) A renewal fee for the permit as a dispensary
in the amount of $5,000. The fee shall be returned if the
renewal is not granted and shall cover renewal for all
locations. An application to renew a permit must be filed
with the department not more than six months nor less
than four months prior to expiration.
(iv) A fee of $250 when amending the application to
indicate relocation within this Commonwealth or the
addition or deletion of approved activities by the
medical marijuana organization.
(2) All fees under paragraph (1) shall be paid by
certified check or money order.
(3) Fees payable under paragraph (1) shall be deposited
into the fund.
Amend Bill, page 7, line 23, by striking out "review"
Amend Bill, page 7, lines 23 and 24, by striking out "(c) (1) "
and inserting
(c)(1)(i)
Amend Bill, page 7, by inserting between lines 27 and 28
(e) Certification violation.--If an independent
grower/processor enters into a merger, acquisition or other
change of control transaction with another entity in violation
of subsection (a)(4), the contract or agreement executed with
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the other entity for the merger, acquisition or other change of
control transaction shall be void.
Amend Bill, page 8, by inserting between lines 5 and 6
Section 4. Section 2001 of the act is amended by adding a
definition to read:
Section 2001. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Accredited medical school." An institution located within
this Commonwealth that is accredited by the Liaison Committee of
Medical Education or the Commission on Osteopathic College
Accreditation or has gained pre-accreditation or provisional
accreditation so that the institution is authorized to enroll
students and is affiliated with an accredited institution of
higher education located within this Commonwealth.
* * *
Amend Bill, page 8, line 6, by striking out "4" and inserting
5
Amend Bill, page 8, line 6, by striking out "60" and
inserting
120
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