PRIOR PRINTER'S NOS. 1701, 2221 | PRINTER'S NO. 2324 |
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. | 1182 | Session of 2014 |
INTRODUCED BY FOLMER, LEACH, TEPLITZ, FERLO, FONTANA, FARNESE, WILEY, BLAKE, WHITE, STACK, WILLIAMS, WOZNIAK, TARTAGLIONE, SCHWANK, DINNIMAN, YUDICHAK AND SMITH, JANUARY 15, 2014
SENATOR CORMAN, APPROPRIATIONS, RE-REPORTED AS AMENDED, SEPTEMBER 23, 2014
AN ACT
<-1Providing for the medical use of cannabis in the Commonwealth of
2Pennsylvania.
<-3Providing for the medical use of cannabis in the Commonwealth of
4Pennsylvania.
5TABLE OF CONTENTS
6CHAPTER 1. PRELIMINARY PROVISIONS
7Section 101. Short title.
8Section 102. Definitions.
9CHAPTER 3. STATE BOARD OF MEDICAL CANNABIS
10LICENSING AND ADMINISTRATIVE PROCEDURE
11Section 301. License.
12Section 302. State Board of Medical Cannabis Licensing.
13Section 303. Powers and duties of board.
14Section 304. Subpoena power.
15Section 305. Hearing examiners.
16Section 306. Civil penalties.
17Section 307. Confidentiality.
18Section 308. Financing.
1CHAPTER 5. LICENSING
2Section 501. Medical cannabis growers.
3Section 502. Medical cannabis processors.
4Section 503. Medical cannabis dispensers.
5Section 504. Applications.
6Section 505. Licensing of owner or operator.
7Section 506. Occupation permit for medical cannabis employees
8and certain patient representatives.
9Section 507. Change in ownership.
10Section 508. Location.
11Section 509. Storage and transportation.
12Section 510. Disposal and donation.
13Section 511. Testing laboratories.
14Section 512. Licensee prohibitions.
15CHAPTER 7. MEDICAL CANNABIS ACCESS
16Section 701. Medical cannabis access card.
17Section 702. Expansion of medical conditions.
18Section 703. Medical use permitted.
19Section 704. Health insurance.
20Section 705. Sovereign immunity.
21CHAPTER 9. PROTECTION, PROHIBITIONS,
22ENFORCEMENT AND PENALTIES
23Section 901. Civil discrimination protection.
24Section 902. Prohibitions and use.
25Section 903. Unlawful activities.
26Section 904. Criminal penalties and fines.
27CHAPTER 11. MEDICAL CANNABIS SURCHARGE
28Section 1101. Definitions.
29Section 1102. Incidence and rate of surcharge.
30Section 1103. Limitation of surcharge.
1Section 1104. Remittance of surcharge to department.
2Section 1105. Procedures for claiming refund.
3Section 1106. Sales or possession of medical cannabis when
4surcharge not paid.
5Section 1107. Assessment.
6Section 1108. Failure to file return.
7Section 1109. False or fraudulent return.
8Section 1110. Extension of limitation period.
9Section 1111. Failure to furnish information, returning false
10information or failure to permit inspection.
11Section 1112. Records of shipments and receipts of medical
12cannabis required.
13Section 1113. Licensing of medical cannabis purveyors.
14Section 1114. License fees and issuance and display of license.
15Section 1115. Electronic filing.
16Section 1116. Expiration of license.
17Section 1117. Administration powers and duties.
18Section 1118. Sales without license.
19Section 1119. Violations and penalties.
20Section 1120. Property rights.
21Section 1121. Information exchange.
22CHAPTER 51. MISCELLANEOUS PROVISIONS
23Section 5101. Regulations.
24Section 5102. Appropriations.
25Section 5103. Applicability of other statutes.
26Section 5104. Repeals.
27Section 5105. Effective date.
28The General Assembly of the Commonwealth of Pennsylvania
29hereby enacts as follows:
<-30CHAPTER 1
1PRELIMINARY PROVISIONS
2Section 101. Short title.
3This act shall be known and may be cited as the Medical
4Cannabis Act.
5Section 102. Definitions.
6The following words and phrases when used in this act shall
7have the meanings given to them in this section unless the
8context clearly indicates otherwise:
9"Authorized provider." A parent or guardian of a patient
10with a valid medical cannabis access card or an individual
11employed by a health care facility and who is authorized by the
12board to purchase, possess, transport and transfer medical
13cannabis from a medical cannabis dispenser and properly
14administer the medical cannabis to the patient in accordance
15with the recommendation of the patient's health care
16practitioner.
17"Board." The State Board of Medical Cannabis Licensing.
18"Change in control." The acquisition by a person or group of
19persons acting in concert of more than 20% of the license.
20"Department." The Department of State of the Commonwealth.
21"Health care practitioner." An individual as defined under
22section 2 of the act of December 20, 1985 (P.L.457, No.112),
23known as the Medical Practice Act of 1985, who is authorized to
24prescribe Schedule III drugs under the act of April 14, 1972
25(P.L.233, No.64), known as The Controlled Substance, Drug,
26Device and Cosmetic Act.
27"Health care facility." A facility that provides health care
28to patients and does not receive Federal funding. The term
29includes:
30(1) A hospital, as defined under the act of July 19,
11979 (P.L.130, No.48), known as the Health Care Facilities
2Act.
3(2) A clinic, treatment facility or physician's office
4operated by the hospital.
5(3) An ambulatory or surgical facility.
6(4) A long-term care nursing facility.
7(5) A cancer treatment center.
8(6) A hospice care facility.
9"Medical cannabis." Plants containing cannabidiol,
10tetrahydrocannabinol or delta-9-tetrahydrocannabinol acid used
11for medical purposes or any part of a cannabis plant, including
12cannabis processed by extracting oil from the plant. The term
13includes the delivery of extracted oil, edible products,
14ointments, tinctures and vaporization or any other medical
15device used to administer medical cannabis to a patient.
16"Medical cannabis access card." A document issued by the
17Department of Health to authorize a patient or authorized
18provider to purchase and possess medical cannabis from a
19licensed medical cannabis dispenser.
20"Medical cannabis dispenser." A for-profit or nonprofit
21entity licensed under section 503 to dispense medical cannabis.
22"Medical cannabis employee." An individual who is eligible
23to receive an occupation permit by meeting one of the following:
24(1) An individual who meets all of the following:
25(i) Is employed with the authority to make a
26discretionary decision relating to the growing,
27processing or dispensing of medical cannabis, including a
28manager, supervisor or an individual who directly handles
29cannabis.
30(ii) Is responsible for tracking the amount and
1transportation of medical cannabis.
2(2) Any other employee position designated by the board.
3"Medical cannabis grower." A for-profit or nonprofit entity
4licensed under section 501 who grows or cultivates medical
5cannabis for distribution to authorized medical cannabis
6processors and medical cannabis dispensers in accordance with
7this act.
8"Medical cannabis processor." A for-profit or nonprofit
9entity licensed under section 502 who can purchase medical
10cannabis from a medical cannabis grower for the purpose of
11processing the medical cannabis and who can distribute medical
12cannabis to a medical cannabis dispenser as authorized under
13this act.
14"Medical cannabis strains." The three types of pure cannabis
15utilized for medical purposes, cannabis sativa, cannabis indica
16and the combination of both cannabis sativa and cannabis indica,
17which create a cannabis hybrid.
18"Medical use." The acquisition, possession or use of medical
19cannabis by a patient, including the use of vaporization in the
20public domain or the acquisition, possession and delivery of
21medical cannabis by an authorized provider.
22"Owner or operator." Any of the following:
23(1) An officer, principal, owner or director of the
24medical cannabis grower, processor or dispenser licensed
25under section 507.
26(2) A person who directly holds a beneficial interest in
27or has a controlling interest in an applicant or licensee.
28(3) A person who has the ability to elect a majority of
29the board of directors of a licensee or to otherwise control
30a licensee.
1"Occupation permit." A permit issued by the board
2authorizing an individual to be employed as a medical cannabis
3employee of a medical cannabis grower, processor or dispenser.
4"Patient." An individual who has an established
5practitioner-patient relationship and has been diagnosed by a
6health care practitioner as having a qualified medical
7condition.
8"Practitioner-patient relationship." The relationship
9established between a patient and health care practitioner
10following an assessment of the patient's medical history and
11current condition and the conduct of a personal examination.
12"Qualified medical condition." A medical condition or its
13treatment that is recognized by a licensed health care
14practitioner attending to a patient as being treatable with
15medical cannabis in a manner that is recommended by and under
16the supervision of a health care practitioner who has
17established a practitioner-patient relationship with the patient
18and has provided written certification in order to notify the
19Department of Health that the patient is to be issued a medical
20cannabis access card after authorization of the certification in
21accordance with section 512.
22"Registered nurse." A person licensed to practice
23professional nursing under the act of May 22, 1951 (P.L.317,
24No.69), known as The Professional Nursing Law.
25"Testing laboratory." An accredited clinical laboratory or
26testing facility located within the Commonwealth, certified by
27the board under section 511.
28"Vaporizer." A medical device that enables the inhalation of
29medical cannabis as a method of ingestion, turning medical
30cannabis into vapor and where a nontoxic water vapor is the only
1byproduct of using medical cannabis through vaporization.
2CHAPTER 3
3REGULATORY OVERSIGHT
4Section 301. License.
5(a) Medical cannabis.--A person may not conduct an activity
6related to the growing, processing or dispensing of medical
7cannabis unless the person is licensed by the board under this
8act.
9(b) Employee.--A licensed medical cannabis grower, medical
10cannabis processor or medical cannabis dispenser may not employ
11an individual to directly participate in the growing,
12processing, delivery or dispensing of authorized medical
13cannabis unless the individual receives an occupation permit
14from the board under this act.
15Section 302. State Board of Medical Cannabis Licensing.
16(a) Establishment.--There is hereby established the State
17Board of Medical Cannabis Licensing within the department.
18(b) Composition.--The board shall consist of the following:
19(1) The Secretary of Health.
20(2) Two public members.
21(3) One member representing hospitals.
22(4) Two members who are medical doctors representing
23specialties which utilize medical cannabis to treat patients.
24(5) Two members who are registered nurses.
25(6) The Secretary of State or a designee from the
26department who shall be an ex officio member.
27(7) The Secretary of Public Welfare or a designee from
28the Department of Public Welfare who shall be an ex officio
29member.
30(8) Commissioner of the Bureau of Professional and
1Occupational Affairs.
2(c) Meetings.--The board shall meet within 30 days of the
3confirmation of the initial member and shall:
4(1) Establish procedures to operate the board.
5(2) Develop applications and other forms for licensure
6and occupation permits and enforcement of this act and
7certifications for testing laboratories.
8(3) Promulgate regulations, as necessary, to implement
9and enforce this act.
10(d) Term.--Each professional and public member shall be
11appointed by the Governor with the advice and consent of a
12majority of the Senate. Each member shall:
13(1) Be a citizen of the United States and a resident of
14this Commonwealth.
15(2) Except as provided in subsection (e), serve a term
16of four years or until a successor has been appointed and
17qualified, which may not be longer than six months beyond the
18four-year period.
19(3) Not be eligible to serve more than two consecutive
20terms.
21(4) Not hold any other public office during their term
22on the board.
23(e) Initial appointments.--For each member initially
24appointed to the board, the term of office shall be as follows:
25(1) Three members shall serve for a term of four years.
26(2) Two members shall serve for a term of three years.
27(3) Two members shall serve for a term of two years.
28(f) Quorum.--A majority of the members of the board shall
29constitute a quorum. Each member must be physically in
30attendance to be counted as part of a quorum or to vote on an
1issue. A majority of the members present shall be necessary for
2a vote to be considered binding.
3(g) Chairperson.--The board shall annually select a
4chairperson from the members of the board.
5(h) Expenses.--With the exception of the Commissioner of the
6Bureau of Professional and Occupational Affairs, the Secretary
7of Health, the Secretary of State or a designee from the
8department, the Secretary of Public Welfare or a designee from
9the Department of Public Welfare, each member of the board shall
10receive $100 per diem when attending to the work of the board. A
11member shall also receive the amount of reasonable travel, hotel
12and other necessary expenses incurred in the performance of the
13member's duties in accordance with Commonwealth regulations.
14(i) Forfeiture.--A member who fails to attend three
15consecutive meetings shall forfeit the member's seat unless the
16chairman, upon written request from the member, finds that the
17member should be excused because of illness or death of a family
18member.
19(j) Frequency of meetings.--The board shall meet at least
20once per month for the first 12 months including and after the
21initial meeting required by section 302(c). After the first
22twelve months following the establishment of the board, the
23board shall meet at least six times a year and may meet at
24additional times as necessary to conduct the business of the
25board.
26Section 303. Powers and duties of the board.
27The board shall have the following powers and duties:
28(1) To provide for and regulate the licensing of the
29following:
30(i) A medical cannabis grower as used in section
1501.
2(ii) A medical cannabis processor as used in section
3502.
4(iii) A medical cannabis dispenser as used in
5section 503.
6(2) To issue occupation permits to medical cannabis
7employees.
8(3) To issue certifications to testing laboratories as
9used in section 511.
10(4) To issue, deny, renew, reinstate or refuse to renew,
11suspend and to revoke licenses, certifications of testing
12laboratories and occupation permits in accordance with this
13act.
14(5) To administer and enforce the provisions of this
15act.
16(6) To investigate and conduct background checks for
17each application for a license or occupation permit to
18determine the fitness and eligibility of an individual
19applying for a license or occupation permit.
20(7) To establish fees for application and renewal of
21licenses and occupation permits and the due dates for all
22fees.
23(8) To promulgate and enforce regulations, not
24inconsistent with this act, necessary to carry out the
25provisions of this act. Except as provided for in section
265101(b), regulations shall be adopted in conformity with all
27of the following:
28(i) The act of July 31, 1968 (P.L.769, No.240),
29referred to as the Commonwealth Documents Law.
30(ii) The act of June 25, 1982 (P.L.633, No.181),
1known as the Regulatory Review Act.
2(9) To keep minutes and records of each transaction and
3proceeding.
4(10) To provide standards for the appearance of
5dispensers to ensure a professional atmosphere.
6(11) To promulgate regulations:
7(i) In regards to childproof containers, packaging,
8tracking, labeling and testing.
9(ii) Providing for the development of a system to
10ensure a medical cannabis dispenser can authorize a
11patient's medical cannabis access card.
12(iii) Prohibiting the board from limiting, changing
13or restricting the definition of a qualified medical
14condition.
15(iv) Ensuring the diversity of medical cannabis
16through establishing a medical cannabis strain and brand
17registry.
18(12) To develop regular inspection schedules, including
19unannounced inspection, of all medical cannabis growers,
20processors and dispensers.
21(13) To submit annually to the department an estimate of
22financial requirements of the board for the board's
23administrative, legal and other expenses.
24(14) To submit an annual report to the Senate and the
25House of Representatives regarding the activity of the board.
26(15) To promulgate regulations within the Commonwealth,
27as to allow accredited research institutions, universities
28and colleges recognized by the Commonwealth to study and
29research the health benefits of medical cannabis.
30(16) To promulgate regulations to prohibit the cost for
1medical cannabis from exceeding 110% of the average wholesale
2price of the product.
3(17) To promulgate and enforce regulations in
4consultation with Cannabis Inflorescence, Cannabis Spp.
5Standards of Identity, Analysis and Quality Control published
6by the American Herbal Pharmacopeia, not inconsistent with
7this act as necessary to carry out the provisions of this
8act.
9Section 304. Subpoena power.
10The General Counsel of the Commonwealth, or the General
11Counsel's designee, shall have the power to issue a subpoena on
12behalf of the board in disciplinary and licensing matters before
13the board in order to investigate an alleged violation in
14accordance with the following:
15(1) The power shall not apply to patient records without
16order of a court of competent jurisdiction showing that the
17records are reasonably necessary for the conduct of an
18investigation.
19(2) The court may impose limitations on the scope of a
20subpoena as necessary to prevent unnecessary intrusion into
21patient confidential information.
22(3) The attorney representing the Commonwealth in a
23disciplinary matter before the board may apply to
24Commonwealth Court to enforce the subpoenas.
25(4) Nothing in this section shall be construed to excuse
26a person from producing documents and records as requested by
27the board under any other provision of law.
28Section 305. Hearing examiners.
29(a) Appointment.--The Commissioner of the Bureau of
30Professional and Occupational Affairs, after consultation with
1the board, shall appoint hearing examiners as necessary to
2conduct hearings in disciplinary matters before the board.
3(b) Regulation.--Regulations promulgated by the board shall
4include the procedural rules to be followed by hearing examiners
5under this act. Each proceeding shall be conducted in accordance
6with 2 Pa.C.S. (relating to administrative law and procedure).
7(c) Powers.--A hearing examiner shall have the following
8powers:
9(1) To conduct hearings.
10(2) To issue subpoenas requiring:
11(i) The attendance and testimony of individuals.
12(ii) The production of pertinent records or other
13papers by persons whom the examiner believes have
14information relevant to matters pending before the
15examiner.
16(3) To issue decisions.
17Section 306. Civil penalties.
18(a) Authorization.--The board shall adopt a schedule of
19civil penalties for operating without a current, registered,
20unsuspended and unrevoked license or occupation permit and for
21violations of this act. The schedule shall be published in the
22Pennsylvania Bulletin.
23(b) Imposition.--An agent of the board may issue citations
24and impose penalties for a violation of this chapter. A penalty
25may be appealed to a hearing examiner or the board pursuant to
26regulations promulgated by the board. If the matter is initially
27referred to a hearing examiner, the board shall render a
28decision on an exception to the decision of the hearing examiner
29or on any applications for review under 2 Pa.C.S. (relating to
30administrative law and procedure).
1(c) Board sanction.--
2(1) In addition to any other penalty authorized by law,
3the board may impose the following sanctions on a licensee:
4(i) Revocation of the license of a person convicted
5of a criminal offense or violation of this act or
6regulations of the board which would disqualify the
7holder from growing, processing or dispensing medical
8cannabis.
9(ii) Revocation of the license of a person for
10willfully and knowingly violating or attempting to
11violate an order of the board directed to the person.
12(iii) Revocation of an occupation permit of a person
13for willfully and knowingly violating or attempting to
14violate an order of the board directed to the person.
15(iv) Suspension of the license or occupation permit
16of a person pending the outcome of a hearing in a case in
17which a license, occupation permit or certification
18revocation could result.
19(v) Suspension of the license of a licensed grower,
20processor or dispenser for a violation or attempt to
21violate any provisions of this act.
22(vi) Assessment of an administrative penalty as
23necessary to address misconduct and deter future
24violations.
25(vii) Ordering of restitution of funds or property
26unlawfully obtained or retained by a licensee.
27(viii) Entrance of a cease and desist order which
28specifies the conduct which is to be discontinued,
29altered or implemented by the licensee.
30(ix) Issuance of a letter of reprimand or censure,
1which shall be made a permanent part of the file of each
2licensee or occupation permit holder.
3(2) If the board refuses to issue or renew a license or
4occupation permit or imposes a penalty under paragraph (1),
5the board shall provide the applicant, licensee or permit
6holder with written notification of the decision, including a
7statement of the reasons for the decision by certified mail
8within five business days of the decision of the board. The
9applicant, licensee or permittee shall have the right to
10appeal the decision in accordance with 2 Pa.C.S. Chs. 5
11(relating to practice and procedure) and 7 (relating to
12judicial review).
13(3) A person who aids, abets, counsels, induces,
14procures or causes another person to violate this act shall
15be subject to all sanctions and penalties provided under this
16subsection.
17(d) Additional powers.--In addition to the penalties under
18subsections (b) and (c), the board shall have the power to do
19the following:
20(1) Levy a civil penalty of not more than $25,000 for a
21violation of this act.
22(2) Impose a civil penalty of up to $15,000 per
23violation if a person aids and abets the unlicensed growing,
24processing, distribution or dispensing of medical cannabis.
25The penalty may not be levied against a person solely as a
26consequence of that person being a patient of the unlicensed
27person.
28(3) Assess against a respondent determined to be in
29violation of this act the costs of investigation underlying
30that disciplinary action. The cost of investigation shall not
1include costs incurred by the board after the filing of
2formal actions or disciplinary charges against a respondent.
3(e) Judgment.--A civil penalty imposed under this section
4shall be a judgment in favor of the board upon the person or
5property of the person upon whom the civil penalty is imposed.
6The Attorney General shall be responsible for enforcing the
7judgments in courts of competent jurisdiction in accordance with
8the provisions of 42 Pa.C.S. (relating to judiciary and judicial
9procedure).
10Section 307. Confidentiality.
11(a) General rule.--Investigative records of the board,
12including prosecutorial memos and transcripts of deposition on
13behalf of the board or concerning a licensure-related complaint
14filed with the department, shall be confidential and privileged.
15The following shall apply:
16(1) No person who has investigated or has access to or
17custody of documents, materials or information which is
18confidential and privileged under this section may be
19required to testify in a judicial or administrative
20proceeding without the written consent of the board unless
21directed to do so by a court of competent jurisdiction.
22(2) This subsection shall not preclude or limit
23introduction of the contents of an investigative file or
24related witness testimony in a hearing or proceeding before
25the board.
26(3) This section shall not apply to a letter or other
27document to a licensee or occupation permit holder that
28discloses the final outcome of an investigation or to a final
29adjudication or order of the board.
30(b) Disclosure permitted.---Except as provided in subsection
1(a), this section shall not prevent disclosure of documents,
2materials or information pertaining to the status of a license
3or occupation permit or the sharing of information with law
4enforcement officials or similar regulatory boards in other
5jurisdictions. A violation of this section shall subject an
6employee or agent of the board to administrative discipline,
7including discharge, suspension or other formal or appropriate
8disciplinary action.
9(c) Affidavit.---Each employee or agent of the board must
10execute a confidentiality affidavit which provides that
11documents, materials or information in subsection (a) obtained
12by the employee or agent shall be considered confidential and
13may be disclosed only as permitted under this section.
14(d) Waiver.--The board may not require an applicant to waive
15any confidentiality under this section as a condition for the
16approval of a license or other action of the board.
17CHAPTER 5
18LICENSING
19Section 501. Medical cannabis growers.
20(a) Licensing.--The board shall license medical cannabis
21growers to supply medical cannabis for distribution to medical
22cannabis processors and medical cannabis dispensers under this
23act.
24(b) Imposition.--At the time of license issuance, the board
25shall impose a licensing fee in the amount of $5,000. The board
26shall impose a $2,500 annual renewal fee for each year
27immediately following the year the license was issued.
28(c) Term.--Upon payment of the fee under subsection (b), a
29grower's license shall be in effect unless suspended, revoked or
30not renewed by the board for good cause.
1(d) Update.--A licensee under this section must notify the
2board of a change relating to the status of its license or other
3information contained in its application and other information
4filed with the board.
5(e) Deposit.--The fee under subsection (b) shall be
6deposited into the General Fund.
7(f) Restriction.--There shall be no restriction on specific
8strains of medical cannabis that may be grown under this act.
9There shall be no use of genetically modified organisms or an
10organism whose genetic material has been altered using genetic
11engineering involved in the cultivation of medical cannabis.
12(g) Requirements.--A medical cannabis grower shall do all of
13the following:
14(1) Only grow medical cannabis using conventional
15growing methods on land or in a facility approved by the
16board.
17(2) Conduct quality testing utilizing a testing
18laboratory certified by the board and submit to random
19testing of medical cannabis conducted by the board.
20(3) Package and label medical cannabis products in
21accordance with 3 Pa.C.S. Ch. 57 (relating to food
22protection) and regulations of the board.
23(4) Only transport, sell or deliver medical cannabis to
24a medical cannabis processor, a testing laboratory or to a
25medical cannabis dispenser.
26(5) Maintain records of all sales and other activities
27as required by the board.
28(h) Exchange.--The board shall promulgate regulations for
29the exchange of seed and plant materials with growers.
30Section 502. Medical cannabis processors.
1(a) Licensing.--The board shall license medical cannabis
2processors to process medical cannabis into oil-based medical
3cannabis products.
4(b) Imposition.--At the time of license issuance, the board
5shall impose a licensing fee in the amount of $10,000. The board
6shall impose a $5,000 annual renewal fee for each year
7immediately following the year the license was issued.
8(c) Term.--Upon payment of the fee under subsection (b), a
9processor's license shall be in effect unless suspended, revoked
10or not renewed by the board for good cause.
11(d) Update.--A licensee under this section must notify the
12board of a change relating to the status of its license or other
13information contained in its application and other information
14filed with the board.
15(e) Deposit.--The fee under subsection (b) shall be
16deposited into the General Fund.
17(f) Requirements.--A medical cannabis processor shall do all
18of the following:
19(1) Only use extraction and processing methods approved
20by the board.
21(2) Conduct quality testing utilizing an accredited
22testing laboratory approved by the board and submit to random
23testing conducted by the board.
24(3) Only sell, transport or deliver medical cannabis to
25a testing laboratory or to a medical cannabis dispenser.
26(4) Conduct processing activities in facilities approved
27by the board.
28(5) Maintain records of all sales and other activities
29as required by the board.
30Section 503. Medical cannabis dispensers.
1(a) Licensing.--The board shall license medical cannabis
2dispensers to accept medical cannabis access cards and dispense
3medical cannabis to a patient with a qualifying medical
4condition in accordance with a health care practitioner's
5instructions.
6(b) Imposition.--At the time of license issuance, the board
7shall impose a licensing fee in the amount of $15,000. The board
8shall impose a $7,500 annual renewal fee for each year
9immediately following the year the license was issued.
10(c) Term.--Upon payment of the fee under subsection (b), a
11dispenser's license shall be in effect unless suspended, revoked
12or not renewed by the board for good cause.
13(d) Update.--A licensee under this section must notify the
14board of a change relating to the status of its license or other
15information contained in its application and other information
16filed with the board.
17(e) Deposit.--The fee under subsection (b) shall be
18deposited into the General Fund.
19(f) Requirements.--A medical cannabis dispenser shall do all
20of the following:
21(1) Maintain a system to verify medical cannabis access
22cards.
23(2) Maintain a record of all medical cannabis dispensed.
24Each record shall include:
25(i) The name of the holder of the medical cannabis
26access card.
27(ii) The amount of medical cannabis dispensed.
28(iii) The date of each dispensing to the cardholder.
29(3) Provide reports as required by the board relating to
30amounts dispensed.
1(4) Maintain a physical premises that meets the
2regulations of the board. Medical cannabis may not be visible
3from the entry way to an individual who is not an occupation-
4permitted employee, owner or operator of the licensed
5premises.
6(5) Maintain a security system as required by the board.
7(6) Adopt accountability measures relating to the
8request of medical cannabis from a medical cannabis grower or
9processor.
10(7) Provide for the supervision of the dispensing of
11medical cannabis at all times by a registered nurse.
12(8) Display appropriate signage as required by the
13board.
14Section 504. Applications.
15(a) Application.--An application for a grower, processor or
16dispenser license must be submitted on a form and in a manner as
17required by the board. In reviewing an application, the board
18shall confirm that all applicable fees have been paid.
19(b) Information.--An applicant for a grower, processor or
20dispenser license under this act must do all of the following:
21(1) Disclose the following information:
22(i) Each arrest and citation for a nontraffic
23summary offense of the applicant.
24(ii) The name, address and photograph of the
25applicant and each principal and the principal's position
26within the corporation or organization.
27(iii) Any financial information required by the
28board.
29(iv) The proposed location of the growing,
30processing or dispensing operation.
1(v) The details of each loan obtained to finance the
2growing, processing or dispensing operation.
3(vi) Any other information required by the board.
4(2) Consent to the conduct of a background investigation
5by the board, the scope of which shall be determined by the
6board consistent with this act. Consent shall include a
7release signed by each person subject to the investigation of
8information required to complete the investigation.
9(c) Refusal.--A refusal to provide the information required
10under this section or to consent to a background investigation
11shall result in the immediate denial of a license.
12(d) Character requirements.--Each application for a grower,
13processor or dispenser license shall include information,
14documentation and assurance required to establish by clear and
15convincing evidence that the applicant is a person of good
16character, honesty and integrity and is eligible and suitable to
17be an owner or operator. Information shall include information
18pertaining to associates during the ten-year period immediately
19preceding the filing date of the application.
20Section 505. Location.
21(a) General rule.--Except as otherwise provided under this
22act, each grower, processor and dispenser license shall be valid
23for the specific physical location within the municipality and
24county for which it was originally granted. A person may not
25distribute medical cannabis from a location other than a
26licensed facility.
27(b) Zoning.--The following shall apply:
28(1) The growing of medical cannabis shall be classified
29as a normal agricultural operation as defined under section 2
30of the act of June 10, 1982 (P.L.454, No.133), referred to as
1the Right-to-Farm Law.
2(2) Facilities for the manufacturing, preparation and
3production of medical cannabis shall meet the same municipal
4zoning and land use requirements as other manufacturing,
5preparation and production facilities.
6(3) Facilities for the dispensing of medical cannabis
7shall meet the same municipal zoning and land use
8requirements as other commercial facilities.
9(c) Petition.--An applicant or holder of a license under
10this act may petition the board to relocate its facility. In
11determining whether to grant a petition to relocate, the board
12shall do all of the following:
13(1) Evaluate the proposed new location and the reason
14for relocation.
15(2) Evaluate community support and compliance with local
16ordinances.
17(3) Consider any other information submitted by the
18petitioner or required by the board.
19Section 506. Change in ownership.
20The following apply to notification and approval:
21(1) A medical cannabis grower, processor or dispenser
22must notify the board upon becoming aware of a proposed or
23contemplated change of ownership or control of the licensee.
24The new owner must pay a licensing fee as determined by the
25board.
26(2) The purchaser of the assets of a medical cannabis
27grower, processor or dispenser must independently qualify for
28a license in accordance with this act and must pay the
29license fee required under this chapter.
30(3) If the ownership of the operation of a licensed
1grower, processor or dispenser or its affiliate is changed,
2the new owner must pay the annual renewal fee for each
3applicable license.
4Section 507. Licensing of owner or operator.
5(a) License required.--Each owner or operator shall obtain
6an owner or operator license from the board.
7(b) Application.--A owner or operator license application
8shall be in a form prescribed by the board and shall include the
9following:
10(1) Verification of status as an owner or operator from
11a medical cannabis dispenser, grower or processor.
12(2) A description of responsibilities as an owner or
13operator.
14(3) Each release necessary to obtain information from
15governmental agencies, employers and other organizations.
16(4) Fingerprints, which shall be submitted to the
17Pennsylvania State Police. The Pennsylvania State Police
18shall submit fingerprint data to and receive national
19criminal history record information from the Federal Bureau
20of Investigation for use in investigating an applicant for an
21owner or operator license.
22(5) A photograph that meets the standards of the
23Commonwealth Photo Imaging Network.
24(6) Details relating to a similar license, permit or
25other authorization obtained in another jurisdiction.
26(7) Any additional information required by the board.
27(c) Issuance.--Following review of the application and the
28background investigation, the board may issue an owner or
29operator license if the applicant has proven by clear and
30convincing evidence that the applicant is a person of good
1character, honesty and integrity and is eligible and suitable to
2be licensed as an owner or operator.
3(d) Nontransferability.--A license issued under this section
4shall be nontransferable.
5(e) Owner or operator.--An individual who receives an owner
6or operator license need not obtain an occupation permit.
7Section 508. Occupation permit for medical cannabis employees
8and certain authorized providers.
9(a) Permit required.--Each medical cannabis employee, and
10each authorized provider who is not a parent or guardian of a
11patient, shall obtain an occupation permit from the board.
12(b) Application.--An occupation permit application shall be
13in a form prescribed by the board and shall include the
14following:
15(1) Verification of one of the following:
16(i) The status as an occupation permit holder from a
17medical cannabis grower, processor or dispenser.
18(ii) From a health care facility that the authorized
19provider is an employee designated to purchase, possess,
20transport, deliver and properly administer medical
21cannabis to a patient with a medical cannabis access card
22who is unable to obtain the medical cannabis.
23(2) A description of employment responsibilities.
24(3) Each release necessary to obtain information from
25governmental agencies, employers and other organizations.
26(4) Fingerprints, which shall be submitted to the
27Pennsylvania State Police. The Pennsylvania State Police
28shall submit fingerprint data to and receive national
29criminal history record information from the Federal Bureau
30of Investigation for use in investigating an applicant for an
1occupation permit.
2(5) A photograph that meets the standards of the
3Commonwealth Photo Imaging Network.
4(6) Details relating to a similar license, permit or
5other authorization obtained in another jurisdiction.
6(7) Any additional information required by the board.
7(c) Issuance.--Following review of the application and the
8background investigation, the board may issue an occupation
9permit if the applicant has proven by clear and convincing
10evidence that the applicant is a person of good character,
11honesty and integrity and is eligible and suitable to be an
12occupation permit holder.
13(d) Nontransferability.--An occupation permit issued under
14this section shall be nontransferable.
15Section 509. Storage and transportation.
16The board shall develop regulations relating to the storage
17and transportation of medical cannabis between growers,
18processors, testing laboratories and medical cannabis dispensers
19which ensure adequate security to guard against in-transit
20losses. The regulations shall provide for the following:
21(1) Requirements relating to shipping containers and
22packaging.
23(2) The manner in which trailers or carriers will be
24secured.
25(3) Security systems that include a numbered seal on the
26trailer.
27(4) Obtaining copies of driver's licenses and
28registrations.
29(5) Use of GPS systems.
30(6) Number of drivers or other security required to
1ensure against storage or in-transit losses.
2(7) Record keeping for delivery and receipt of medical
3cannabis products.
4Section 510. Disposal and donation.
5(a) Disposal.--The board shall promulgate regulations
6relating to disposal of medical cannabis by medical cannabis
7growers, processors, dispensers and law enforcement.
8(b) Donation.--A medical cannabis dispenser, grower and
9processor may donate medical cannabis that has been purchased or
10produced and tested in this Commonwealth in accordance with this
11act and is in new and unopened condition and can only be donated
12for researching purposes to an accredited research institution,
13university or college within this Commonwealth and recognized by
14the Commonwealth.
15Section 511. Testing laboratories.
16(a) Certification.--The board may certify an accredited
17laboratory to test medical cannabis as required by the board.
18(b) Requirement.--A medical cannabis grower and a medical
19cannabis processor must utilize a certified laboratory to test
20the quality of medical cannabis before the sale or transaction
21of medical cannabis is made as required by the board.
22Section 512. Medical cannabis access card.
23(a) Department of Health.--A patient with a qualified
24medical condition may apply to the Department of Health for a
25medical cannabis access card.
26(b) Application.--An application for a medical cannabis
27access card shall be developed by the Department of Health.
28Applications for renewal shall be required on an annual basis.
29An authorized provider may obtain a medical cannabis access card
30on behalf of a patient.
1(c) Certification.--Applications and renewals must include
2written certification from a health care practitioner that the
3applicant has a qualified medical condition.
4(d) Verification.--The Department of Health shall verify the
5information in the application and renewal form. Verification
6shall include verification of the certification under subsection
7(c).
8(e) Time.--The department must approve or deny an
9application within 30 business days.
10(f) Denial.--A denial must state the reason for the denial.
11A denial shall be considered a final agency decision subject to
12review under 2 Pa.C.S. (relating to administrative law and
13procedure).
14(g) Fee.--The department shall charge an application fee of
15not more than $100.
16(h) Residency.--A patient must reside in this Commonwealth
17to receive a medical cannabis access card.
18(i) Reciprocity.--A patient registered in another medical
19cannabis state may submit to the department the patient's
20credentials to utilize medical cannabis. After the department
21authorizes the patient's credentials, the department shall issue
22the patient a medical cannabis access card allowing the patient
23to utilize medical cannabis in this Commonwealth.
24(j) Issuance to authorized provider.--If an authorized
25provider is no longer employed with a recognized health care
26facility, the authorized provider's medical cannabis access card
27shall be made immediately null and void. A health care facility
28that employs an authorized provider to pick up and administer
29medical cannabis to its patients shall notify the Department of
30Health immediately upon the termination of the authorized
1provider's employment.
2(k) Right-to-Know Law.--
3(1) The Department of Health shall maintain a
4confidential list of each individual identified by the
5individual's medical cannabis access card who has been issued
6a medical cannabis access card. Other identifying information
7on the list shall be confidential and shall not be considered
8a public record under the act of February 14, 2008 (P.L.6,
9No.3), known as the Right-to-Know Law. The list may not be
10disclosed except to any of the following:
11(i) Authorized employees of the board as necessary
12to perform official duties of the board and Department of
13Health.
14(ii) Authorized employees of the board and
15Department of Health, only as necessary to verify that a
16person who is engaged in the suspected or alleged medical
17use of cannabis is lawfully in possession of a medical
18cannabis access card.
19(2) This section shall apply to the Department of Health
20and the board.
21Section 513. Prohibitions and use.
22(a) Prohibitions.--
23(1) No individual shall smoke medical cannabis in the
24public domain.
25(2) No individual may operate, drive, navigate or be in
26physical control of any of the following while under the
27influence with a blood content of more than 10 nanograms of
28tetrahydrocannabis of medical cannabis:
29(i) A motor vehicle.
30(ii) An aircraft.
1(iii) A motor boat.
2(iv) Heavy machinery.
3(v) A mode of transportation in a manner that would
4constitute an offense under 75 Pa.C.S. Ch. 38 (relating
5to driving after imbibing alcohol or utilizing drugs).
6(3) An individual with a valid medical cannabis access
7card shall not be determined to be under the influence of
8medical cannabis solely for having medical cannabis in the
9individual's system.
10(b) Use.--Except as provided under subsections (a) and (c),
11an individual with a valid medical cannabis access card may
12utilize medical cannabis in any public place, including the
13following:
14(i) Public transportation.
15(ii) On school grounds in accordance with the
16Department of Education regulations regarding medication
17on school grounds.
18(iii) In a correctional facility in accordance with
19the Department of Corrections regulations regarding
20medications in correctional facilities.
21(iv) At a public park or public beach.
22(c) Vaporization.--Combusting and inhaling medical cannabis
23by means of vaporization is permitted in the public domain.
24(d) Adulteration.--With the exception of extraction methods
25and processing operations approved by the board, a person may
26not adulterate, fortify, contaminate or change the character or
27purity of medical cannabis from the original sold by a license
28medical cannabis grower, processor or dispenser.
29Section 514. Unlawful activities.
30(a) Licensing.--It shall be a criminal offense to
1intentionally or knowingly do any of the following:
2(1) Grow, process or dispense medical cannabis without a
3license under this act.
4(2) Transport medical cannabis from or between an
5unlicensed grower, processor or dispenser.
6(3) Participate in the growing, processing or dispensing
7of medical cannabis in violation of this act.
8(4) Fail to report, pay or truthfully account for and
9pay any license fee, authorization fee or an assessment
10imposed under this act.
11(5) Violate any regulation of the board.
12(b) False swearing.--The provisions of 18 Pa.C.S. section
134902 (relating to perjury), 4903 (relating to false swearing) or
144904 (relating to unsworn falsification to authorities) shall
15apply to a person providing information or making an oral or
16written statement to the board, a Commonwealth agency or to law
17enforcement in relation to the enforcement of this act.
18Section 515. Criminal penalties and fines.
19(a) Offense.--Except as provided under subsections (b) and
20(c), a violation of the act shall be graded as a misdemeanor of
21the second degree.
22(b) Unauthorized actions.--A medical cannabis grower,
23processor or dispenser that distributes, gives, sells or
24provides medical cannabis to a person other than a person
25authorized under this act commits a felony of the third degree.
26(c) Individual.--An individual who falsifies an application
27or certification under section 511 commits a misdemeanor of the
28first degree.
29(d) Other violations.--A person that is convicted of a
30second or subsequent violation of this act commits a felony of
1the third degree.
2CHAPTER 7
3MEDICAL CANNABIS
4Section 701. Medical use permitted.
5(a) Freedom from arrest, prosecution or penalty.--
6(1) An individual who possesses a valid medical cannabis
7access card shall not be subject to arrest, prosecution,
8penalty, denial of a right or privilege, civil penalty or
9disciplinary action by a professional licensing board due to
10the use of medical cannabis in accordance with this act. Law
11enforcement personnel may not unreasonably detain, question
12or arrest a patient with a valid medical cannabis access
13card.
14(2) There shall exist a rebuttable presumption that an
15individual is using medical cannabis if the individual
16possesses a valid medical cannabis access card. The
17presumption may be rebutted by evidence that conduct related
18to medical cannabis was not related to a patient's qualified
19medical condition.
20(3) An individual may assert the use of medical cannabis
21as an affirmative defense to a prosecution involving medical
22cannabis unless the individual was in violation of this act
23when the events giving rise to the prosecution occurred. The
24defense shall be presumed valid if the evidence shows one of
25the following:
26(i) Medical records and current medical condition
27made in the course of a practitioner-patient relationship
28indicate the potential benefits of medical cannabis would
29likely outweigh health risks.
30(ii) A health care practitioner affirmed that in the
1health care practitioner's opinion, after full assessment
2of the patient's medical history and current medical
3condition, the potential benefits of medical cannabis
4would outweigh the health risks.
5(4) Possession of or application for a medical cannabis
6access card may not alone constitute probable cause to search
7a person, the person's property or otherwise subject the
8person or property to inspection by a governmental agency.
9(5) Law enforcement officials may not destroy, damage or
10alter an individual's supply of medical cannabis if the
11individual is in possession of a valid medical cannabis
12access card.
13(b) Patients under 18 years of age.--Subsection (a) does not
14apply to a patient under 18 years of age unless all of the
15following have occurred:
16(1) The minor's health care practitioner has explained
17to the minor and the minor's custodial parent, guardian or
18person having legal custody the potential risks and benefits
19of medical cannabis.
20(2) The custodial parent, guardian or person having
21legal custody consents in writing to:
22(i) Allow the minor's use of medical cannabis.
23(ii) Serve as the minor's authorized provider.
24(iii) Control the acquisition, dosage and frequency
25of the minor's use of medical cannabis.
26(c) Immunity of authorized provider.--
27(1) An authorized provider who has possession of a valid
28medical cannabis access card shall not be subject to
29detrimental action including arrest, prosecution, penalty,
30denial of a right or privilege, civil penalty or disciplinary
1action by a professional licensing board for assisting a
2patient to whom the authorized provider is connected through
3the board's registration process with medical cannabis. Law
4enforcement personnel may not unreasonably detain, question
5or arrest or repeatedly detain, question or arrest an
6authorized provider for assisting the patient.
7(2) There shall exist a rebuttable presumption that an
8authorized provider is engaged in medical cannabis use if the
9authorized provider possesses a valid medical cannabis access
10card. The presumption may be rebutted by evidence that
11conduct related to cannabis was not for the purpose of
12alleviating the symptoms or effects of a patient's qualified
13medical condition.
14(3) An authorized provider may assert the medical use of
15cannabis as an affirmative defense to a prosecution involving
16medical cannabis unless the authorized provider was in
17violation of this section when the events giving rise to the
18prosecution occurred. The defense shall be presumed valid if
19the evidence shows either of the following at the time of the
20events giving rise to the prosecution:
21(i) The patient's medical records and current
22medical condition made in the course of a practitioner-
23patient relationship indicate the potential benefits of
24medical cannabis would outweigh the health risks for the
25patient.
26(ii) A health care practitioner stated that in the
27health care practitioner's opinion, after completing a
28full assessment of the patient's medical history and
29current medical condition, potential benefits of medical
30cannabis would likely outweigh the health risks for the
1patient.
2(4) Possession of or application for a medical cannabis
3access card shall not alone constitute probable cause to
4search a person, property of a person possessing or applying
5for the medical cannabis access card or otherwise subject the
6person or the person's property to inspection by a
7governmental agency.
8(5) Law enforcement officials may not intentionally
9destroy, damage or alter a patient's supply of medical
10cannabis which is in the possession of the authorized
11provider if the authorized provider is in possession of a
12medical cannabis access card.
13(d) Immunity of a health care practitioner and registered
14nurse.--A health care practitioner or registered nurse shall not
15be subject to detrimental action including arrest, prosecution,
16penalty, denial of a right or privilege, civil penalty or
17disciplinary action by the health care practitioner's or
18registered nurse's licensing board for providing written
19certification for the medical use of cannabis to a patient in
20accordance with this act.
21(e) Registered nurse immunity.--A registered nurse shall not
22be subject to detrimental action, including arrest, prosecution,
23penalty, denial of a right or privilege, civil penalty or
24disciplinary action by the registered nurse's licensing board
25for dispensing medical cannabis to a patient in accordance with
26this act.
27(f) Personal proximity.--An individual shall not be subject
28to arrest or prosecution for constructive possession, conspiracy
29or another offense for being in the presence or vicinity of
30medical cannabis as permitted under this act.
1(g) Restriction.--An individual who has been sentenced for a
2criminal act shall not be disqualified from obtaining or
3possessing a valid medical cannabis access card on the basis of
4the offense.
5CHAPTER 9
6PROTECTION, PROHIBITIONS AND ENFORCEMENT
7Section 901. Civil discrimination protection.
8The following shall apply:
9(1) For the purposes of medical care, including organ
10transplant, a patient's authorized use of medical cannabis
11under this act shall be considered the equivalent of the use
12of other medication under the direction of a health care
13practitioner. Medical cannabis, when used in accordance with
14this act, may not be considered an illicit substance or
15otherwise disqualify a patient from medical care.
16(2) An individual may not be penalized in any of the
17following ways due to the individual's use of medical
18cannabis under this act:
19(i) Denied custody, visitation or parenting time
20with a minor child.
21(ii) Presumed to neglect or endanger a minor child
22unless the individual's behavior creates an unreasonable
23danger to the safety of the minor by clear and convincing
24evidence.
25(3) A landlord may not refuse to lease or otherwise
26penalize a patient solely for having a medical cannabis
27access card or using medical cannabis in accordance with this
28act unless the landlord would lose a monetary or licensing-
29related benefit under Federal law or regulation.
30(4) A school may not refuse to enroll or otherwise
1penalize a patient solely for having a medical cannabis
2access card or using medical cannabis in accordance with this
3act unless the school would lose a monetary or licensing-
4related benefit under Federal law or regulation.
5(5) An employer may not discriminate against an
6individual in the hiring, termination of benefits or
7otherwise penalize the individual for being a medical
8cannabis access cardholder. The following shall apply:
9(i) The employer may take an individual's status as
10a cardholder into account only if the employer can prove
11the employee is abusing or misusing the employee's
12medical cannabis on the premises of the place of
13employment during ordinary hours of employment or if
14failure to do so would cause an employer to lose
15licensing benefit under Federal law or regulation.
16(ii) A individual's positive drug test for cannabis
17components or metabolites may not be considered by an
18employer unless the individual unlawfully used, possessed
19or was impaired by the medical cannabis while on the
20premises of the place of employment or during the hours
21of employment.
22Section 902. Prohibitions.
23(a) Inspection.--A licensee may not refuse to allow an
24authorized employee of the department to inspect a licensed
25premises at any time.
26(b) Other prohibitions.--A licensee may be cited under this
27act for:
28(1) An unlawful act prohibited by State law which occurs
29on the licensed premises.
30(2) An unlawful act which involves a licensee or the
1licensee's agent or employee.
2(3) The sale or purchase of an illegal drug by the
3licensee or by the licensee's agent or employee.
4Section 903. Enforcement.
5(a) Officers.--To enforce the provisions of this act,
6uniformed law enforcement officers may:
7(1) Arrest on view, except in private homes, or with a
8warrant a person engaged in any of the following activities
9contrary to this act or another law of this Commonwealth:
10(i) Unlawful distribution, sale or transfer of
11medical cannabis.
12(ii) Unlawful importation of medical cannabis.
13(iii) Unlawful manufacture of medical cannabis.
14(iv) Unlawful transportation of medical cannabis.
15(v) Unlawful possession of medical cannabis.
16(vi) Unlawful growing of medical cannabis.
17(2) Arrest on view, except in private homes or with a
18warrant, a person whom the officer, while in the performance
19of assigned duties under this act and regulations promulgated
20under this act, observes to be in violation of any of the
21following:
22(i) 18 Pa.C.S. § 3302 (relating to causing or
23risking catastrophe).
24(ii) 18 Pa.C.S. § 3304 (relating to criminal
25mischief).
26(iii) 18 Pa.C.S. § 4101 (relating to forgery).
27(iv) 18 Pa.C.S. § 5503 (relating to disorderly
28conduct).
29(v) 18 Pa.C.S. § 6310.3 (relating to carrying a
30false identification card).
1(3) Search, seize and dispose of seized property in
2accordance with the following:
3(i) Upon reasonable and probable cause with a
4warrant, except in private homes, to search and seize the
5following:
6(A) Medical cannabis unlawfully possessed,
7manufactured, sold, imported or transported.
8(B) Equipment, materials, utensils, vehicles,
9boats, vessels or aircraft which are or have been
10used in the unlawful manufacture, sale, importation
11or transportation of medical cannabis.
12(ii) Medical cannabis equipment, materials,
13utensils, vehicles, boats, vessels or aircraft that have
14been seized shall be disposed of as provided in this act
15and in regulations promulgated under this act.
16(4) Arrest a person who engages in the following
17offenses when the offenses are committed against the officer
18while the officer is performing assigned duties under this
19act and the regulations promulgated under this act:
20(i) 18 Pa.C.S. § 2701 (relating to simple assault).
21(ii) 18 Pa.C.S. § 2702 (relating to aggravated
22assault).
23(iii) 18 Pa.C.S. § 2705 (relating to recklessly
24endangering another person).
25(iv) 18 Pa.C.S. § 2706 (relating to terroristic
26threats).
27(v) 18 Pa.C.S. § 2709 (relating to harassment).
28(vi) 18 Pa.C.S. § 5104 (relating to resisting arrest
29or other law enforcement).
30(vii) 18 Pa.C.S. § 5501 (relating to riot).
1(5) Serve and execute warrants issued by the proper
2authorities for offenses under this subsection and to serve
3subpoenas.
4(6) Arrange for the administration of chemical tests of
5blood or urine to a person for the purpose of determining the
6tetrahydrocannabinol content of blood or the presence of a
7controlled substance by qualified personnel of a State or
8local police department or qualified personnel of a clinical
9laboratory licensed and approved by the department.
10(7) To investigate and issue citations for the
11following:
12(i) A violation of this act.
13(ii) A violation of a regulation of the board.
14(iii) A violation of another law of this
15Commonwealth.
16(b) Confiscation.--Equipment or appurtenance actually used
17in the commission of the unlawful acts may be confiscated. The
18confiscation shall not divest or impair the rights or interest
19of a bona fide lien holder in the equipment or appurtenance.
20CHAPTER 51
21MISCELLANEOUS PROVISIONS
22Section 5101. Regulations.
23(a) Requirement.--The board shall promulgate regulations as
24necessary to implement this act.
25(b) Temporary regulations.--In order to facilitate the
26implementation of this act, regulations promulgated by the board
27shall be deemed temporary regulations which shall expire not
28later than two years following the publication of the temporary
29regulation. Temporary regulations shall not be subject to:
30(1) Sections 201, 202, 203, 204 and 205 of act of July
131, 1968 (P.L.769, No.240), referred to as the Commonwealth
2Documents Law.
3(2) The act of June 25, 1982 (P.L.633, No.181), known as
4the Regulatory Review Act.
5(3) Section 204(b) and 301(10) of the act of October 15,
61980 (P.L.950, No.164), known as the Commonwealth Attorneys
7Act.
8(c) Expiration.--The board's authority to adopt temporary
9regulations under subsection (b) shall expire two years after
10the effective date of this section. Regulations adopted after
11this period shall be promulgated as provided by law.
12(d) Publication.--The board shall begin publishing temporary
13regulations in the Pennsylvania Bulletin no later than six
14months following the effective date of this section.
15Section 5102. Applicability of other statutes.
16The following acts shall apply to the board:
17(1) The act of February 14, 2008 (P.L.6, No.3), known as
18the Right-to-Know Law.
19(2) The act of July 19, 1957 (P.L.1017, No.451), known
20as the State Adverse Interest Act.
21(3) 65 Pa.C.S. Chs. 7 (relating to open meetings) and 11
22(relating to ethics standards and financial disclosure).
23Section 5103. Repeals.
24The following shall apply:
25(1) Sections 4 and 13 of the act of April 14, 1972
26(P.L.233, No.64), known as The Controlled Substance, Drug,
27Device and Cosmetic Act, are repealed insofar as they are
28inconsistent with this act.
29(2) All acts and parts of acts are repealed insofar as
30they are inconsistent with this act.
1Section 5104. Sovereign Immunity.
2The Commonwealth may not be held liable for any deleterious
3outcomes resulting from the medical use of cannabis by a
4patient.
5Section 5105. Health insurance.
6Nothing in this act shall be construed to require a State
7government medical assistance program or private health insurer
8to reimburse a person for costs associated with the medical use
9of cannabis or an employer to accommodate the medical use of
10cannabis in a workplace.
11Section 5106. Effective date.
12This act shall take effect in 60 days.
<-13CHAPTER 1
14PRELIMINARY PROVISIONS
15Section 101. Short title.
16This act shall be known and may be cited as the Medical
17Cannabis Act.
18Section 102. Definitions.
19The following words and phrases when used in this act shall
20have the meanings given to them in this section unless the
21context clearly indicates otherwise:
22"Account." The Professional Licensure Augmentation Account
23established under and used in accordance with the act of July 1,
241978 (P.L.700, No.124), known as the Bureau of Professional and
25Occupational Affairs Fee Act.
26"Board." The State Board of Medical Cannabis Licensing.
27"Change in control." The acquisition by a person or group of
28persons acting in concert of at least 20% of an interest in a
29licensed entity.
30"Department." The Department of State of the Commonwealth.
1"Health care facility." A facility that provides health care
2to patients. The term includes:
3(1) A hospital, as defined under the act of July 19,
41979 (P.L.130, No.48), known as the Health Care Facilities
5Act.
6(2) A clinic operated by the hospital.
7(3) An ambulatory or surgical facility.
8(4) A long-term care nursing facility.
9(5) A cancer treatment center.
10(6) A hospice care facility.
11"Health care practitioner." An individual as defined under
12section 2 of the act of December 20, 1985 (P.L.457, No.112),
13known as the Medical Practice Act of 1985, who is authorized to
14prescribe Schedule III drugs under the act of April 14, 1972
15(P.L.233, No.64), known as The Controlled Substance, Drug,
16Device and Cosmetic Act. The term shall not include an
17individual licensed under the act of May 1, 1933 (P.L.216,
18No.76), known as The Dental Law.
19"Medical cannabis." Plants containing cannabidiol,
20tetrahydrocannabinol or delta-9-tetrahydrocannabinol acid or any
21part of a cannabis plant, including cannabis processed by
22extracting oil from the plant, intended for medical purposes.
23The term includes extracted oil, edible products, ointments and
24tinctures.
25"Medical cannabis access card." A document issued by the
26Department of Health to authorize a patient or patient
27representative to purchase and possess medical cannabis in this
28Commonwealth.
29"Medical cannabis dispenser." A for-profit or nonprofit
30entity licensed under section 503 to dispense medical cannabis.
1"Medical cannabis employee." An individual who is eligible
2to receive an occupation permit by meeting one of the following:
3(1) An individual who meets all of the following:
4(i) Is employed by a medical cannabis grower,
5medical cannabis processor, medical cannabis dispenser or
6certified laboratory with the authority to make a
7discretionary decision relating to the growing,
8processing, dispensing or testing of medical cannabis,
9including a manager, supervisor or an individual who
10directly handles or controls cannabis.
11(ii) Is responsible for tracking the amount and
12transportation of medical cannabis.
13(2) Any other employee position designated by the board.
14"Medical cannabis grower." A for-profit or nonprofit entity
15licensed under section 501 that grows or cultivates cannabis for
16distribution to authorized medical cannabis processors and
17medical cannabis dispensers in accordance with this act.
18"Medical cannabis processor." A for-profit or nonprofit
19entity licensed under section 502 authorized to purchase medical
20cannabis from a medical cannabis grower for the purpose of
21processing the medical cannabis for distribution to a medical
22cannabis dispenser in accordance with this act.
23"Medical cannabis strains." The three types of pure cannabis
24utilized for medical purposes. The term includes cannabis
25sativa, cannabis indica and the hybrid created by the
26combination of both cannabis sativa and cannabis indica.
27"Medical use." The acquisition, possession or use of medical
28cannabis by a registered patient or patient representative. The
29term does not include the smoking or vaporization of cannabis.
30"Occupation permit." A permit issued by the board
1authorizing an individual to be employed as a medical cannabis
2employee.
3"Owner or operator." Any of the following:
4(1) An officer or director of the medical cannabis
5grower, processor or dispenser licensed under section 505.
6(2) A person who directly holds a beneficial interest in
7or has a controlling interest in an applicant or licensee.
8(3) A person who has the ability to elect a majority of
9the board of directors of a licensee or to otherwise control
10a licensee.
11"Patient." An individual who has an established
12practitioner-patient relationship and has been diagnosed with a
13qualified medical condition.
14"Patient representative." Any of the following:
15(1) A parent or guardian of a registered patient.
16(2) An individual who:
17(i) is at least 18 years of age; and
18(ii) receives a medical cannabis access card which
19authorizes:
20(A) purchase, possession, transport and transfer
21of medical cannabis from a medical cannabis
22dispenser; and
23(B) proper administration of the medical
24cannabis to a registered patient in accordance with
25the recommendation of the registered patient's health
26care practitioner.
27"Practitioner-patient relationship." The relationship
28established between a patient and health care practitioner
29following an assessment of the patient's medical history and
30current condition and the conduct of a personal examination.
1"Qualified medical condition." Any of the following,
2including treatment:
3(1) Cancer.
4(2) Epilepsy and seizures.
5(3) Amyotrophic lateral sclerosis.
6(4) Cachexia/wasting syndrome.
7(5) Parkinson's disease.
8(6) Traumatic brain injury and postconcussion syndrome.
9(7) Multiple sclerosis.
10(8) Spinocerebellara Ataxia (SCA).
11(9) Posttraumatic stress disorder.
12(10) Severe fibromyalgia.
13(11) A condition authorized by the department under
14section 702.
15"Testing laboratory." A clinical laboratory or testing
16facility located within this Commonwealth, certified by the
17board under section 511.
18CHAPTER 3
19STATE BOARD OF MEDICAL CANNABIS
20LICENSING AND ADMINISTRATIVE PROCEDURE
21Section 301. License.
22(a) Medical cannabis.--A person may not conduct an activity
23related to the growing, processing or dispensing of medical
24cannabis or operating a testing laboratory unless the person is
25licensed or certified by the board under this act.
26(b) Employee.--A licensed medical cannabis grower, medical
27cannabis processor or a medical cannabis dispenser may not
28employ an individual to directly participate in the growing,
29processing, delivery or dispensing of medical cannabis unless
30the individual receives an occupation permit from the board
1under this act.
2Section 302. State Board of Medical Cannabis Licensing.
3(a) Establishment.--There is hereby established the State
4Board of Medical Cannabis Licensing within the department.
5(b) Composition.--The board shall consist of the following:
6(1) The Secretary of Health or a designee who is an
7employee of the Department of Health.
8(2) Commissioner of Professional and Occupational
9Affairs or a designee who is an employee of the Bureau of
10Professional and Occupational Affairs.
11(3) The Secretary of Public Welfare or a designee who is
12an employee of the Department of Public Welfare.
13(4) Two public members.
14(5) One member representing hospitals.
15(6) Two members who are medical doctors representing
16specialties which utilize medical cannabis to treat patients.
17(7) Two members who are registered nurses.
18(8) A licensed pharmacist.
19(c) Meetings.--The board shall meet within 30 days of
20confirmation of the members and shall:
21(1) Establish procedures to operate the board.
22(2) Develop applications and other forms for licensure
23and occupation permits and enforcement of this act and
24certifications for testing laboratories.
25(3) Promulgate regulations, as necessary, to implement
26and enforce this act.
27(d) Appointment and qualifications.--Each professional and
28public member shall be appointed by the Governor with the advice
29and consent of a majority of the Senate. Each member must comply
30with all of the following:
1(1) Be a citizen of the United States and a resident of
2this Commonwealth.
3(2) Not hold any other public office during the term on
4the board.
5(e) Terms.--
6(1) A member under subsection (b)(1), (2) or (3) shall
7serve ex officio.
8(2) For a member under subsection (b)(4) through (8),
9the following apply:
10(i) Initial appointments shall be as follows:
11(A) Three members shall serve for a term of four
12years.
13(B) Three members shall serve for a term of
14three years.
15(C) Two members shall serve for a term of two
16years.
17(ii) Each subsequent term shall be for four years or
18until a successor has been appointed and qualified, which
19may not be longer than six months beyond the four-year
20period.
21(iii) A member may not serve more than two
22consecutive terms.
23(f) Quorum.--A majority of the members of the board shall
24constitute a quorum. Each member must be physically in
25attendance to be counted as part of a quorum or to vote on an
26issue. A majority of the members present shall be necessary for
27a vote to be considered binding.
28(g) Chairperson.--The board shall annually select a
29chairperson from the members of the board.
30(h) Expenses.--With the exception of ex officio members,
1each member of the board shall receive $100 per diem when
2attending to the work of the board. A member shall also receive
3the amount of reasonable travel, hotel and other necessary
4expenses incurred in the performance of the member's duties in
5accordance with Commonwealth regulations.
6(i) Forfeiture.--A member who fails to attend three
7consecutive meetings shall forfeit the member's seat unless the
8chairman, upon written request from the member, finds that the
9member should be excused because of illness or death of a family
10member.
11(j) Frequency of meetings.--The board shall meet at least
12once per month for the first 12 months, including and after the
13initial meeting required by section 302(c). After the first 12
14months following the establishment of the board, the board shall
15meet at least six times a year and may meet at additional times
16as necessary to conduct the business of the board.
17Section 303. Powers and duties of board.
18The board shall have the following powers and duties:
19(1) To provide for and regulate the licensing of the
20following:
21(i) A medical cannabis grower under section 501.
22(ii) A medical cannabis processor under section 502.
23(iii) A medical cannabis dispenser under section
24503.
25(2) To issue occupation permits to medical cannabis
26employees.
27(3) To issue certifications to testing laboratories
28under section 511.
29(4) To issue, deny, renew, reinstate or refuse to renew,
30suspend and revoke licenses, certifications of testing
1laboratories and occupation permits in accordance with this
2act.
3(5) To implement procedures to allow the expansion of
4qualified medical conditions for which a patient may obtain
5medical cannabis under section 702.
6(6) To administer and enforce the provisions of this
7act.
8(7) To investigate and conduct background checks for
9each application for a license or occupation permit to
10determine the fitness and eligibility of a person applying
11for a license or occupation permit.
12(8) To establish fees for application and renewal of
13licenses and occupation permits and the due dates for all
14fees.
15(9) To charge for services related to the inspection and
16oversight of this act. Billings shall be submitted at least
17quarterly and all charges shall be itemized.
18(10) To keep minutes and records of each transaction and
19proceeding.
20(11) To provide standards for the appearance of
21dispensers to ensure a professional atmosphere.
22(12) To require utilization of any prescription
23monitoring program established by the Commonwealth by a
24health care practitioner to review a patient's pharmaceutical
25history.
26(13) To develop a system to ensure medical cannabis
27dispensers are able to verify medical cannabis access cards.
28(14) To establish a medical cannabis registry to ensure
29adequate availability of different strains and concentrations
30of medical cannabis.
1(15) To develop regular inspection schedules,
2unannounced inspections, procedures and other enforcement
3measures to regulate all medical cannabis growers, processors
4and dispensers.
5(16) To inspect, at any time, premises occupied or used
6for the production, preparation, testing, packaging,
7processing, storage, sale, distribution and transport of
8medical cannabis.
9(17) To develop standards and requirements for the
10implementation, use and maintenance of security systems.
11(18) To submit annually to the department an estimate of
12financial requirements of the board, including
13administrative, legal and other expenses.
14(19) To develop a system for mandatory and voluntary
15recall of defective products or medical cannabis.
16(20) To develop an inventory tracking system to be used
17by all licensees and certified laboratories.
18(21) To promulgate regulations to implement this act,
19including:
20(i) The receipt of medical cannabis for study and
21research of the health benefits of medical cannabis by
22accredited research institutions, universities and
23colleges in this Commonwealth.
24(ii) Determination of required quality and safe
25clinical strength of medical cannabis.
26(iii) Print advertising and marketing of medical
27cannabis.
28(iv) Containers, tracking and testing.
29(v) Packaging and labeling by licensed growers,
30licensed processors and licensed dispensers. Regulations
1under this subparagraph shall require labeling to
2specify:
3(A) date of packaging;
4(B) use-by date;
5(C) instructions to keep the product in the
6package;
7(D) warnings related to use, including pregnancy
8and medical conditions;
9(E) warnings to keep medical cannabis out of
10children's reach;
11(F) other warnings deemed appropriate by the
12board;
13(G) recommended dosages;
14(H) appropriate methods to administer medical
15cannabis for authorized diseases; and
16(22) To provide for the form and content of the
17authority given to a registered patient by a health care
18provider to obtain medical cannabis.
19(23) To consult information published by the American
20Herbal Pharmacopeia, in the promulgation of regulations.
21(24) To enforce regulations under this act.
22(25) To submit an annual report to the Secretary of the
23Senate and the Chief Clerk of the House of Representatives.
24Section 304. Subpoena power.
25The General Counsel of the Commonwealth, or the General
26Counsel's designee, shall have the power to issue a subpoena on
27behalf of the board in disciplinary and licensing matters before
28the board in order to investigate an alleged violation in
29accordance with the following:
30(1) The power shall not apply to patient records without
1order of a court of competent jurisdiction showing that the
2records are reasonably necessary for the conduct of an
3investigation.
4(2) The court may impose limitations on the scope of a
5subpoena as necessary to prevent unnecessary intrusion into
6patient confidential information.
7(3) The attorney representing the Commonwealth in a
8disciplinary matter before the board may apply to
9Commonwealth Court to enforce the subpoenas.
10(4) Nothing in this section shall be construed to excuse
11a person from producing documents and records as requested by
12the board under any other provision of law.
13Section 305. Hearing examiners.
14(a) Appointment.--The Commissioner of Professional and
15Occupational Affairs, after consultation with the board, shall
16appoint hearing examiners as necessary to conduct hearings in
17disciplinary matters before the board.
18(b) Regulation.--Regulations promulgated by the board shall
19include the procedural rules to be followed by hearing examiners
20under this act. Each proceeding shall be conducted in accordance
21with 2 Pa.C.S. (relating to administrative law and procedure).
22(c) Powers.--A hearing examiner shall have the following
23powers:
24(1) To conduct hearings.
25(2) To issue subpoenas requiring:
26(i) The attendance and testimony of individuals.
27(ii) The production of pertinent records or other
28papers by persons whom the examiner believes have
29information relevant to matters pending before the
30examiner.
1(3) To issue decisions.
2Section 306. Civil penalties.
3(a) Authorization.--The board shall adopt a schedule of
4civil penalties for operating without a current, registered,
5unsuspended and unrevoked license, certificate or occupation
6permit and for violations of this act. The schedule shall be
7published in the Pennsylvania Bulletin.
8(b) Imposition.--An agent of the board may issue citations
9and impose penalties for a violation of this chapter. A penalty
10may be appealed to a hearing examiner or the board pursuant to
11regulations promulgated by the board. If the matter is initially
12referred to a hearing examiner, the board shall render a
13decision on an exception to the decision of the hearing examiner
14or on any applications for review under 2 Pa.C.S. (relating to
15administrative law and procedure).
16(c) Board sanction.--
17(1) In addition to any other penalty authorized by law,
18the board may impose the following sanctions:
19(i) Revocation of the license, permit or certificate
20of a person convicted of a criminal offense or violation
21of this act or regulations of the board which would
22disqualify the holder from growing, processing or
23dispensing medical cannabis.
24(ii) Revocation of the license of a person for
25willfully and knowingly violating or attempting to
26violate an order of the board directed to the person.
27(iii) Revocation of an occupation permit or
28certificate of a person for willfully and knowingly
29violating or attempting to violate an order of the board
30directed to the person.
1(iv) Suspension of the license, permit or
2certificate of a person pending the outcome of a hearing
3in a case in which a license, occupation permit or
4certification revocation could result.
5(v) Suspension of the license of a licensed grower,
6processor or dispenser for a violation or attempt to
7violate any provisions of this act.
8(vi) Assessment of an administrative penalty as
9necessary to address misconduct and deter future
10violations.
11(vii) Ordering of restitution of funds or property
12unlawfully obtained or retained by a licensee.
13(viii) Entrance of a cease and desist order which
14specifies the conduct which is to be discontinued,
15altered or implemented by the licensee.
16(2) If the board refuses to issue or renew a license,
17certificate or occupation permit or imposes a penalty under
18paragraph (1), the board shall provide the applicant,
19licensee, certificate holder or permit holder with written
20notification of the decision, including a statement of the
21reasons for the decision by certified mail within five
22business days of the decision of the board. The applicant,
23licensee, certificate holder or permittee shall have the
24right to appeal the decision in accordance with 2 Pa.C.S.
25Chs. 5 (relating to practice and procedure) and 7 (relating
26to judicial review).
27(3) A person who aids, abets, counsels, induces,
28procures or causes another person to violate this act shall
29be subject to all sanctions and penalties provided under this
30subsection.
1(d) Additional powers.--In addition to the penalties under
2subsections (b) and (c), the board shall have the power to do
3the following:
4(1) Levy a civil penalty of not more than $25,000 for a
5violation of this act.
6(2) Impose a civil penalty of up to $15,000 per
7violation if a person aids and abets the unlicensed growing,
8processing, distribution or dispensing of medical cannabis.
9The penalty may not be levied against a person solely as a
10consequence of that person being a registered patient of the
11unlicensed person.
12(3) Assess against a respondent determined to be in
13violation of this act the costs of investigation underlying
14that disciplinary action. The cost of investigation shall not
15include costs incurred by the board after the filing of
16formal actions or disciplinary charges against a respondent.
17(e) Judgment.--A civil penalty imposed under this section
18shall be a judgment in favor of the board upon the person or
19property of the person upon whom the civil penalty is imposed.
20The Attorney General shall be responsible for enforcing the
21judgments in courts of competent jurisdiction in accordance with
22the provisions of 42 Pa.C.S. (relating to judiciary and judicial
23procedure).
24Section 307. Confidentiality.
25(a) General rule.--Investigative records of the board,
26including prosecutorial memos and transcripts of deposition on
27behalf of the board or concerning a licensure-related complaint
28filed with the department, shall be confidential and privileged.
29The following shall apply:
30(1) No person who has investigated or has access to or
1custody of documents, materials or information which is
2confidential and privileged under this section may be
3required to testify in a judicial or administrative
4proceeding without the written consent of the board unless
5directed to do so by a court of competent jurisdiction.
6(2) This subsection shall not preclude or limit
7introduction of the contents of an investigative file or
8related witness testimony in a hearing or proceeding before
9the board.
10(3) This section shall not apply to a letter or other
11document to a licensee, occupation permittee or certificate
12holder that discloses the final outcome of an investigation
13or to a final adjudication or order of the board.
14(b) Disclosure permitted.--Except as provided in subsection
15(a), this section shall not prevent disclosure of documents,
16materials or information pertaining to the status of a license,
17certificate or occupation permit or the sharing of information
18with law enforcement officials or similar regulatory boards in
19other jurisdictions. A violation of this section shall subject
20an employee or agent of the board to administrative discipline,
21including discharge, suspension or other formal or appropriate
22disciplinary action.
23(c) Affidavit.--Each employee or agent of the board must
24execute a confidentiality affidavit which provides that
25documents, materials or information in subsection (a) obtained
26by the employee or agent shall be considered confidential and
27may be disclosed only as permitted under this section.
28(d) Waiver.--The board may not require an applicant to waive
29any confidentiality under this section as a condition for the
30approval of a license or other action of the board.
1Section 308. Financing.
2(a) Setting of fees.--Beginning two years after the
3effective date of this subsection, all fees required under this
4act shall be fixed by the board by regulation. If revenue raised
5by fees, fines and civil penalties imposed under this act are
6not sufficient to meet expenditures over a two-year period, the
7board shall increase those fees by regulation under section
8303(21) so that the projected revenues will meet or exceed
9projected expenditures.
10(b) Renewal fees.--Beginning two years after the effective
11date of this subsection, all renewal fees shall be deposited
12into the account.
13(c) Inadequate fees.--If the Bureau of Professional and
14Occupational Affairs determines that the fees established by the
15board under subsection (a) are inadequate to meet the minimum
16enforcement efforts required by this act, then the bureau, after
17consultation with the board, shall increase the fees by
18regulation under section 303(21) in an amount that adequate
19revenues are raised to meet the required enforcement effort.
20(d) Disposition.--Fees, fines and civil penalties imposed
21and collected under this act shall be for the exclusive use of
22the board in carrying out this act and shall be annually
23appropriated from the account for that purpose. This subsection
24shall not apply to an initial license fee.
25(e) Charging of fees.--The board may charge a reasonable
26fee, as set by the board by regulation under section 303(21),
27for all examinations, registrations, certificates, licensures or
28applications permitted by this act or a regulation under this
29act.
30(f) Civil penalties.--All civil penalties shall be deposited
1into the account.
2(g) Reports to department.--The board shall submit annually
3to the department an estimate of the financial requirements of
4the board for its administrative, investigative, legal and
5miscellaneous expenses.
6(h) Reports to the Appropriations Committee of the Senate
7and the Appropriations Committee of the House of
8Representatives.--The board shall submit annually to the
9Appropriations Committee of the Senate and the Appropriations
10Committee of the House of Representatives, 15 days after the
11Governor has submitted his budget to the General Assembly, a
12copy of the budget request for the upcoming fiscal year which
13the board previously submitted to the department.
14(i) Reports to other legislative committees.--The board
15shall submit annually a report to the Consumer Protection and
16Professional Licensure Committee of the Senate and to the
17Professional Licensure Committee of the House of Representatives
18containing a description of the types of complaints received,
19status of cases, board action which has been taken and the
20length of time from the initial complaint to final board
21resolution. The report shall also include a statement of the
22numbers and types of licenses granted.
23CHAPTER 5
24LICENSING
25Section 501. Medical cannabis growers.
26(a) Licensing.--The board shall license not more than 65
27medical cannabis growers to supply medical cannabis for
28distribution to medical cannabis processors and medical cannabis
29dispensers under this act.
30(b) Imposition.--At the time of license issuance, the board
1shall impose a licensing fee in the amount of $50,000. The board
2shall impose an initial $5,000 annual renewal fee for each year
3immediately following the year the license was issued. Renewal
4fees shall thereafter be subject to adjustment under section
5308.
6(c) Term.--Upon payment of the fee under subsection (b), a
7grower's license shall be in effect unless suspended, revoked or
8not renewed by the board for good cause.
9(d) Update.--A licensee under this section must notify the
10board of a change relating to the status of its license or other
11information contained in its application and other information
12filed with the board.
13(e) Deposit.--The licensure fee under subsection (b) shall
14be deposited into the General Fund. Renewal fees under
15subsection (b) shall be deposited into the account.
16(f) Restriction.--There shall be no restriction on specific
17strains of medical cannabis that may be grown under this act.
18Use of genetically modified organisms or an organism whose
19genetic material has been altered using genetic engineering may
20not be used in the cultivation of medical cannabis.
21(g) Requirements.--A medical cannabis grower shall:
22(1) Only grow medical cannabis using conventional
23growing methods approved by the board in consultation with
24the Department of Agriculture.
25(2) Submit to preoperational and postoperational
26announced and unannounced inspections by the board or the
27department.
28(3) Grow cannabis only in an indoor, enclosed, secure
29facility.
30(4) Conduct quality testing utilizing a testing
1laboratory certified by the board prior to the sale of
2medical cannabis and submit to random testing of medical
3cannabis conducted by the board.
4(5) Package and label medical cannabis products in
5accordance with regulations of the board.
6(6) Only sell, transport or deliver medical cannabis to
7a medical cannabis processor, certified laboratory or medical
8cannabis dispenser.
9(7) Provide information relating to the enclosed, secure
10facility where medical cannabis will be grown, harvested or
11stored, including electronic locking systems, limited access
12areas, secure storage and disposal procedures, electronic
13surveillance and other features required by the board.
14(8) Provide a cultivation, inventory and packaging plan
15and procedures for the oversight of the cultivation area,
16including a plant monitoring system, container tracking
17system and staffing plan.
18(9) Maintain daily records of plants, sales and other
19activities, as required by the board.
20(10) Perform a weekly physical inventory of all plants
21and containers.
22(11) Notify law enforcement within 24 hours of any loss
23or theft of medical cannabis.
24(h) Prohibitions.--A medical cannabis grower may not do any
25of the following:
26(1) Be located within 1,000 feet of the property line of
27a public, private or parochial school or a day-care center.
28(2) Be located in a residential dwelling or an area
29zoned for residential use.
30(3) Acquire cannabis from outside this Commonwealth or
1otherwise in violation of regulations of the board.
2(4) Permit an individual to consume cannabis on its
3property.
4(5) Advertise medical cannabis on radio or television.
5(i) Exchange.--The board shall promulgate regulations for
6the exchange of medical cannabis seed and plant materials
7between growers.
8Section 502. Medical cannabis processors.
9(a) Licensing.--The board shall license not more than 65
10medical cannabis processors to process medical cannabis into
11oil-based medical cannabis products, including oil, edible
12products, ointments and tinctures. The licensees shall be
13geographically dispersed throughout this Commonwealth to allow
14access to processed medical cannabis by medical cannabis
15dispensers.
16(b) Imposition.--At the time of license issuance, the board
17shall impose a licensing fee in the amount of $50,000. The board
18shall impose an initial $5,000 annual renewal fee for each year
19immediately following the year the license was issued. Renewal
20fees shall be subject to adjustment and deposit under section
21308.
22(c) Term.--Upon payment of the fee under subsection (b), a
23processor's license shall be in effect unless suspended, revoked
24or not renewed by the board for good cause.
25(d) Update.--A licensee under this section must notify the
26board of a change relating to the status of its license or other
27information contained in its application and other information
28filed with the board.
29(e) Deposit.--The license fee under subsection (b) shall be
30deposited into the General Fund. Renewal fees shall be deposited
1into the account.
2(f) Requirements.--A medical cannabis processor shall do all
3of the following:
4(1) Only use extraction and processing methods approved
5by the board.
6(2) Submit to preoperational and postoperational
7announced and unannounced inspections by the board and the
8department.
9(3) Conduct quality testing utilizing a certified
10testing laboratory approved by the board prior to delivery to
11a dispenser and submit to random testing conducted by the
12board.
13(4) Only sell, transport or deliver medical cannabis to
14a testing laboratory or to a medical cannabis dispenser.
15(5) Conduct processing activity in a board-approved
16facility that is indoor, enclosed and secure, and includes an
17electronic locking system, a limited access area, secure
18storage and disposal procedures, electronic surveillance and
19other features required by the board.
20(6) Provide information relating to the facility and
21features under paragraph (5).
22(7) Provide a processing, inventory and packaging plan
23and procedures for the oversight of the processing facility,
24including a plant and product monitoring system, container
25tracking system and staffing plan.
26(8) Perform a weekly physical inventory of all plants,
27containers and processing materials.
28(9) Maintain a daily log of access to medical cannabis
29received and products shipped.
30(10) Only sell medical cannabis approved by a certified
1laboratory to a licensed medical cannabis dispenser.
2(11) Notify law enforcement within 24 hours of a loss or
3theft of medical cannabis.
4(12) Maintain daily records of all sales and other
5activities as required by the board.
6(13) Comply with the regulations of the Department of
7Agriculture relating to food safety when manufacturing edible
8products.
9(g) Prohibitions.--A medical cannabis processor may not do
10any of the following:
11(1) Be located within 1,000 feet of the property line of
12a public, private or parochial school or a day-care center.
13(2) Be located in a residential dwelling or an area
14zoned for residential use.
15(3) Acquire cannabis from anyone other than a licensed
16medical cannabis grower.
17(4) Obtain cannabis from outside this Commonwealth.
18(5) Process cannabis for any purpose except to provide
19medical cannabis to a licensed medical cannabis dispenser.
20(6) Advertise medical cannabis on radio or television.
21Section 503. Medical cannabis dispensers.
22(a) Licensing.--The board shall license not more than 130
23medical cannabis dispensers to accept medical cannabis access
24cards and dispense medical cannabis to a registered patient or
25patient representative in accordance with the instructions of a
26health care practitioner. The licensees shall be geographically
27dispersed throughout this Commonwealth to allow all registered
28patients reasonable proximity and access to medical cannabis by
29a medical cannabis dispenser.
30(b) Imposition.--At the time of license issuance, the board
1shall impose a licensing fee in the amount of $50,000. The board
2shall impose an initial $5,000 annual renewal fee for each year
3immediately following the year the license was issued. Renewal
4fees shall be subject to adjustment under section 308.
5(c) Term.--Upon payment of the fee under subsection (b), a
6dispenser's license shall be in effect unless suspended, revoked
7or not renewed by the board for good cause.
8(d) Update.--A licensee under this section must notify the
9board of a change relating to the status of its license,
10operation or other information contained in its application and
11other information filed with the board.
12(e) Deposit.--The license fee under subsection (b) shall be
13deposited into the General Fund. Renewal fees shall be deposited
14into the account.
15(f) Requirements.--A medical cannabis dispenser shall do all
16of the following:
17(1) Maintain a system to verify medical cannabis access
18cards.
19(2) Submit to preoperational and postoperational
20announced and unannounced inspections by the board and the
21department.
22(3) Maintain a daily log of all medical cannabis
23purchased and dispensed. The log shall include:
24(i) The name of the registered patient or a patient
25representative that holds the medical cannabis access
26card.
27(ii) The amount of medical cannabis dispensed.
28(iii) The date of each dispensing to the cardholder.
29(4) Provide reports as required by the board relating to
30amounts dispensed.
1(5) Maintain an enclosed, secure physical premises that
2meets the regulations of the board. Medical cannabis may not
3be visible from the entryway to an individual who is not an
4occupation-permitted employee, owner or operator of the
5licensed premises.
6(6) Dispense no more than a 30-day supply of the dosage
7recommended by the health care practitioner unless the
8registered patient receives a waiver from the department
9authorizing a larger amount. A new 30-day supply may be
10dispensed during the seven days prior to the end of the 30-
11day period under this paragraph.
12(7) Only accept authorizations from a health care
13practitioner for no more than the 30-day supply periods.
14Thereafter, a new authorization from the health care
15practitioner shall be required.
16(8) Comply with recommendations of the health care
17practitioner as to strain, dosage and amount of medical
18cannabis dispensed.
19(9) Provide all registered patients and patient
20representatives with a safety insert developed by the
21Department of Health which includes:
22(i) Methods for administering medical cannabis.
23(ii) Potential dangers.
24(iii) Recognition and correction of problematic
25dosage.
26(iv) Other information required by the department.
27(10) Sell only medical cannabis that has received
28approval from the certified laboratory.
29(11) Maintain an electronic security system, including
30all of the following:
1(i) Electronic surveillance.
2(ii) An electronic locking system.
3(iii) A locked door or barrier between the entry and
4a limited access area for patients, storage, disposal and
5other processes.
6(12) Provide for the supervision of the dispensing of
7medical cannabis at all times by an individual with
8qualifications required by the board.
9(13) Display appropriate signage as required by the
10board.
11(14) Provide the proposed address of the enclosed,
12secure facility where medical cannabis will be dispensed.
13(15) Provide an inventory and packaging plan and
14procedures for the oversight of the dispensing facility,
15including a plant and product monitoring system, container
16tracking system, staffing plan and security plan.
17(16) Perform a weekly physical inventory of all medical
18cannabis and medical cannabis products.
19(17) Obtain medical cannabis only from a medical
20cannabis processor.
21(18) Notify law enforcement within 24 hours of a loss or
22theft of medical cannabis.
23(g) Prohibitions.--A medical cannabis dispenser may not do
24any of the following:
25(1) Be located within 1,000 feet of the property line of
26a public, private or parochial school or a day-care center.
27(2) Be located in a residential dwelling or an area
28zoned for residential use.
29(3) Obtain cannabis from outside this Commonwealth.
30(4) Sell medical cannabis for any purpose except to a
1registered patient or a patient representative.
2(5) Permit an individual to consume cannabis on its
3property.
4(6) Sell products which contain nicotine or alcohol.
5(7) Sell medical cannabis over the Internet or to a
6person not physically present at its location.
7(8) Advertise medical cannabis on radio or television.
8Section 504. Applications.
9(a) Application.--An application for a grower, processor or
10dispenser license must be submitted on a form and in a manner as
11required by the board. In reviewing an application, the board
12shall confirm that all applicable fees have been paid.
13(b) Information.--An applicant for a grower, processor or
14dispenser license under this act must do all of the following:
15(1) Disclose the following information:
16(i) Each arrest and citation for a nontraffic
17summary offense of the applicant.
18(ii) The name, address and photograph of the
19applicant and each principal and the principal's position
20within the corporation or organization.
21(iii) Any financial information required by the
22board.
23(iv) The proposed location of the growing,
24processing or dispensing operation.
25(v) The details of each loan obtained to finance the
26growing, processing or dispensing operation.
27(vi) The details of any civil judgment against the
28applicant or the applicant's owners or operators relating
29to:
30(A) security regulation laws of the Federal
1Government;
2(B) laws relating to the regulation of
3pharmaceuticals; or
4(C) laws under 15 Pa.C.S. (relating to
5corporations and unincorporated associations).
6(vii) Any other information required by the board.
7(2) Consent to the conduct of a background investigation
8by the board, the scope of which shall be determined by the
9board consistent with this act. Consent shall include a
10release signed by each person subject to the investigation of
11information required to complete the investigation.
12(c) Refusal.--A refusal to provide the information required
13under this section or to consent to a background investigation
14shall result in the immediate denial of a license.
15(d) Character requirements.--Each application for a grower,
16processor or dispenser license shall include information,
17documentation and assurance required to establish by clear and
18convincing evidence that the applicant is a person of good
19character, honesty and integrity, has appropriate financial
20suitability and is eligible and suitable to be an owner or
21operator. Information shall include information pertaining to
22associates during the ten-year period immediately preceding the
23filing date of the application.
24(e) Privilege.--The issuance or renewal of a license under
25this section shall be a revocable privilege.
26Section 505. Licensing of owner or operator.
27(a) License required.--Each owner or operator of an
28applicant for licensure under this act must obtain an owner or
29operator license from the board. An owner or operator may only
30have an interest in the activity under this act for which
1licensure is sought.
2(b) Application.--An owner or operator license application
3shall be in a form prescribed by the board and shall include the
4following:
5(1) Verification of status as an owner or operator from
6a medical cannabis dispenser, grower or processor.
7(2) A description of responsibilities as an owner or
8operator.
9(3) Each release necessary to obtain information from
10governmental agencies, employers and other organizations.
11(4) Fingerprints, which shall be submitted to the
12Pennsylvania State Police. The Pennsylvania State Police
13shall submit fingerprint data to and receive national
14criminal history record information from the Federal Bureau
15of Investigation for use in investigating an applicant for an
16owner or operator license.
17(5) A photograph that meets the standards of the
18Commonwealth Photo Imaging Network.
19(6) Details relating to a similar license, permit or
20other authorization obtained in another jurisdiction.
21(7) Any additional information required by the board.
22(c) Issuance.--Following review of the application and the
23background investigation, the board may issue an owner or
24operator license if the applicant has proven by clear and
25convincing evidence that the applicant is a person of good
26character, honesty and integrity and is eligible and suitable to
27be licensed as an owner or operator.
28(d) Nontransferability.--A license issued under this section
29shall be nontransferable.
30(e) Owner or operator.--An individual who receives an owner
1or operator license need not obtain an occupation permit.
2(f) Waiver.--The board may waive licensure requirements for
3an owner of securities in a publicly traded corporation if the
4board determines that the holder of the securities is not
5significantly involved in the activities of the applicant.
6Section 506. Occupation permit for medical cannabis employees
7and certain patient representatives.
8(a) Permit required.--Each medical cannabis employee, and
9each patient representative who is not a parent or guardian of a
10patient, shall obtain an occupation permit from the board.
11(b) Application.--An occupation permit application shall be
12in a form prescribed by the board and shall include the
13following:
14(1) Verification of one of the following:
15(i) The status as a medical cannabis employee or
16potential medical cannabis employer from a medical
17cannabis grower, processor or dispenser.
18(ii) From a health care facility that the patient
19representative is an employee designated to purchase,
20possess, transport, deliver and properly administer
21medical cannabis to a patient with a medical cannabis
22access card who is unable to obtain the medical cannabis.
23(2) A description of employment responsibilities.
24(3) Each release necessary to obtain information from
25governmental agencies, employers and other organizations.
26(4) Fingerprints, which shall be submitted to the
27Pennsylvania State Police. The Pennsylvania State Police
28shall submit fingerprint data to and receive national
29criminal history record information from the Federal Bureau
30of Investigation for use in investigating an applicant for an
1occupation permit.
2(5) A photograph that meets the standards of the
3Commonwealth Photo Imaging Network.
4(6) Details relating to a similar license, permit or
5other authorization obtained in another jurisdiction.
6(7) Any additional information required by the board.
7(c) Issuance.--Following review of the application and the
8background investigation, the board may issue an occupation
9permit if the applicant has proven by clear and convincing
10evidence that the applicant is a person of good character,
11honesty and integrity and is eligible and suitable to be an
12occupation permit holder.
13(d) Nontransferability.--An occupation permit issued under
14this section shall be nontransferable.
15(e) Privilege.--The issuance or renewal of a permit under
16this section shall be a revocable privilege.
17Section 507. Change in ownership.
18The following apply to notification and approval:
19(1) A medical cannabis grower, processor or dispenser
20must notify the board upon becoming aware of a proposed or
21contemplated change of ownership or control of the licensee.
22The new owner must pay the licensing fee required under this
23chapter.
24(2) The purchaser of the assets of a medical cannabis
25grower, processor or dispenser must independently qualify for
26a license in accordance with this act and must pay the
27license fee required under this chapter.
28(3) If the ownership of the operation of a licensed
29grower, processor or dispenser or its affiliate is changed,
30the new owner must pay the annual renewal fee for each
1applicable license.
2Section 508. Location.
3(a) General rule.--Except as otherwise provided under this
4act, each grower, processor and dispenser license shall be valid
5for the specific physical location within the municipality and
6county for which it was originally granted. A person may not
7distribute medical cannabis from a location other than a
8licensed facility.
9(b) Zoning.--The following shall apply:
10(1) The growing of medical cannabis shall be classified
11as a normal agricultural operation as defined under section 2
12of the act of June 10, 1982 (P.L.454, No.133), referred to as
13the Right-to-Farm Law.
14(2) Facilities for the manufacturing, preparation and
15production of medical cannabis shall meet the same municipal
16zoning and land use requirements as other manufacturing,
17preparation and production facilities.
18(3) Facilities for the dispensing of medical cannabis
19shall meet the same municipal zoning and land use
20requirements as other commercial facilities.
21(c) Petition.--An applicant or holder of a license under
22this act may petition the board to relocate its facility. In
23determining whether to grant a petition to relocate, the board
24shall do all of the following:
25(1) Evaluate the proposed new location and the reason
26for relocation.
27(2) Evaluate community support and compliance with local
28ordinances.
29(3) Consider any other information submitted by the
30petitioner or required by the board.
1Section 509. Storage and transportation.
2The board shall develop regulations relating to the storage
3and transportation of medical cannabis among growers,
4processors, testing laboratories and medical cannabis dispensers
5which ensure adequate security to guard against in-transit
6losses. The tracking system developed by the board shall include
7all transportation and storage of medical cannabis. The
8regulations shall provide for the following:
9(1) Requirements relating to shipping containers and
10packaging.
11(2) The manner in which trucks, vans, trailers or other
12carriers will be secured.
13(3) Security systems that include a numbered seal on the
14trailer.
15(4) Obtaining copies of driver's licenses and
16registrations and other information related to security and
17tracking.
18(5) Use of GPS systems.
19(6) Number of drivers or other security required to
20ensure against storage or in-transit losses.
21(7) Recordkeeping for delivery and receipt of medical
22cannabis products.
23Section 510. Disposal and donation.
24(a) Disposal.--The board shall promulgate regulations
25relating to disposal of medical cannabis by medical cannabis
26growers, processors, dispensers and law enforcement.
27(b) Donation.--A medical cannabis dispenser, grower and
28processor may donate medical cannabis that has been purchased or
29produced and tested in this Commonwealth in accordance with this
30act and is in new and unopened condition and can only be donated
1for research purposes to an accredited research institution,
2university or college within this Commonwealth and recognized by
3the Commonwealth.
4Section 511. Testing laboratories.
5(a) Certification.--The board shall certify accredited
6laboratories to test medical cannabis in accordance with
7regulations of the board.
8(b) Requirement.--A medical cannabis grower and a medical
9cannabis processor must utilize a certified laboratory to test
10the quality of medical cannabis before the sale or transport of
11medical cannabis is made as required by the board.
12(c) Duty of board.--The board shall determine the scope and
13content of information required to certify laboratories,
14including security requirements.
15Section 512. Licensee prohibitions.
16(a) Inspection.--A licensee or certified laboratory may not
17refuse to allow an authorized employee of the department to
18inspect a licensed premises at any time.
19(b) Other prohibitions.--A licensee or certified laboratory
20may be cited under this act for:
21(1) An unlawful act prohibited by State law which occurs
22on the licensed premises.
23(2) An unlawful act which involves a licensee or the
24licensee's agent or employee.
25(3) The sale or purchase of an illegal drug by the
26licensee or by the licensee's agent or employee.
27CHAPTER 7
28MEDICAL CANNABIS ACCESS
29Section 701. Medical cannabis access card.
30(a) Department of Health.--A patient with a qualified
1medical condition may register with the Department of Health and
2be issued a medical cannabis access card.
3(b) Enforcement.--The department shall develop regulations
4to enforce the provisions of this chapter, including revocation
5or suspension of an access card for violations of this act.
6(c) Application.--An application for a medical cannabis
7access card shall be developed by the Department of Health.
8Applications for renewal shall be required on an annual basis. A
9patient representative may obtain a medical cannabis access card
10on behalf of a registered patient.
11(d) Certification.--Applications and renewals must include
12written certification from a health care practitioner under
13subsection (l) that the applicant has a qualified medical
14condition.
15(e) Verification.--The Department of Health shall verify the
16information in the application and renewal form. Verification
17shall include verification of the certification under subsection
18(d).
19(f) Time.--The Department of Health must approve or deny an
20application within 90 business days.
21(g) Fee.--The Department of Health shall charge an
22application fee of not more than $100 and an annual renewal fee
23of not more than $50.
24(h) Residency.--Except as provided in subsection (i), a
25patient must reside in this Commonwealth to receive a medical
26cannabis access card.
27(i) Reciprocity.--A patient registered in another state that
28authorizes medical cannabis and recognizes medical cannabis
29access cards from patients who are residents of this
30Commonwealth may submit to the Department of Health the
1patient's credentials to utilize medical cannabis. The
2department shall develop a system for confirming an out-of-State
3patient's status as a medical cannabis user in each state with
4legalized medical cannabis and only grant a medical cannabis
5access card to a person with a qualified medical condition.
6After the Department of Health investigates and approves the
7patient's credentials, the Department of Health shall issue the
8patient a medical cannabis access card allowing the patient to
9utilize medical cannabis in this Commonwealth.
10(j) Patient representative.--
11(1) A patient representative must be:
12(i) at least 18 years of age; and
13(ii) a resident of this Commonwealth.
14(2) A patient representative shall do all of the
15following:
16(i) Register with the department in a manner
17prescribed by the department.
18(ii) Present, from the registered patient's health
19care practitioner who prescribed the medical cannabis,
20certification that the patient is unable to obtain or
21administer medical cannabis for a good faith medical or
22physical reason.
23(iii) Notify the department within ten business days
24after:
25(A) a change to the information that the
26provider, registered patient or patient
27representative was required to submit to the
28department; and
29(B) the patient representative discovers that
30the registry identification has been lost or stolen.
1(iv) Notify the department by telephone and in
2writing within ten days following the death of the
3patient representative's registered patient. The
4department shall provide instruction to the patient
5representative regarding the duty to dispose of and means
6by which the remaining medical cannabis may be disposed.
7(3) A patient representative may do any of the
8following:
9(i) Transport a registered patient to and from a
10licensed medical cannabis dispenser.
11(ii) Obtain and transport an adequate supply of
12medical cannabis from a medical cannabis dispenser on
13behalf of a registered patient.
14(iii) Prepare medical cannabis for consumption by a
15registered patient.
16(iv) Administer medical cannabis to a registered
17patient as recommended by the registered patient's health
18care practitioner.
19(4) A patient representative may not do any of the
20following:
21(i) Receive payment or other compensation for
22services provided as a patient representative other than
23reimbursement for reasonable expenses incurred in the
24provision of services as a patient representative. In the
25case of an employee of a health care facility serving as
26a patient representative, the individual may not receive
27payment or compensation above or beyond the individual's
28regular wages.
29(ii) Consume medical cannabis which has been
30dispensed on behalf of a registered patient.
1(iii) Sell, provide or otherwise divert medical
2cannabis which has been dispensed to a registered
3patient.
4(iv) Grow or cultivate medical cannabis on behalf of
5any individual.
6(v) Purchase medical cannabis from an unlicensed
7source.
8(vi) Obtain medical cannabis from a registered
9patient or a patient representative.
10(5) If a patient representative previously employed by a
11health care facility is no longer employed by the health care
12facility, the authority to obtain medical cannabis using a
13medical cannabis access card or other form of authorization
14issued by the department shall be void. A health care
15facility that employs a patient representative to pick up,
16deliver or administer medical cannabis to registered patients
17shall notify the department immediately upon termination of
18the patient representative's employment.
19(6) The department shall promulgate regulations relating
20to patient representatives, including the form of
21authorization to be utilized.
22(k) Confidentiality.--The Department of Health shall
23maintain a confidential list of each individual who has been
24issued a medical cannabis access card or authorized to act as a
25patient representative. Other identifying information on the
26list shall be confidential and shall not be considered a public
27record under the act of February 14, 2008 (P.L.6, No.3), known
28as the Right-to-Know Law. The list may not be disclosed except
29to any of the following:
30(1) Authorized employees of the board and the Department
1of Health as necessary to perform official duties of the
2board and the Department of Health.
3(2) Authorized employees of the board and the Department
4of Health, as necessary to verify that a person who is
5engaged in the suspected or alleged medical use of cannabis
6is lawfully in possession of a medical cannabis access card.
7(l) Health care practitioners.--
8(1) A health care practitioner may recommend the use of
9medical cannabis to a patient if the health care practitioner
10complies with all of the following:
11(i) Has a good faith practitioner-patient
12relationship with the patient, not limited to a
13certification for the patient to use medical cannabis or
14a consultation simply for that purpose.
15(ii) Practices within this Commonwealth at an
16established place of practice.
17(iii) Registers with the department if required by
18department regulation.
19(iv) Has responsibility for the ongoing care and
20treatment of the patient as long as the ongoing care
21treatment is not limited to or for the primary purpose of
22certifying a qualifying medical condition.
23(v) Has completed and documented an in-person full
24assessment of the patient's medical history and current
25medical condition not more than 90 days prior to making
26the certification for medical cannabis. The assessment
27shall include a review of medical records from other
28treating health care practitioners from the previous 12
29months.
30(vi) Certifies that the patient is under the
1physician's care for, and that the physician has
2expertise in, the patient's qualifying medical condition.
3(vii) Certifies that in the physician's professional
4opinion, the patient is likely to receive therapeutic or
5palliative benefit from the medical use of cannabis to
6treat or alleviate the patient's qualifying medical
7condition or symptoms associated with the condition.
8(viii) Bases each authorization to receive medical
9cannabis on generally accepted standards of medical
10practice.
11(ix) Has adopted a recordkeeping system for all
12patients for whom the physician has recommended the use
13of medical cannabis.
14(2) A health care practitioner may not do any of the
15following:
16(i) Accept, solicit or offer a form of remuneration
17from or to:
18(A) a patient, except normal medical examination
19costs, patient representative, licensed grower,
20licensed processor or licensed dispenser; or
21(B) any principal officer, employee or agent of
22a person listed in clause (A).
23(ii) Offer a discount or an item of value to a
24patient who uses or agrees to use a particular patient
25representative or medical cannabis dispenser to obtain
26medical cannabis.
27(iii) Conduct an examination of a patient for
28purposes of diagnosing a qualifying medical condition at
29a location where medical cannabis is sold or distributed.
30(iv) Hold a direct or indirect economic interest in,
1or serve on the board of, a licensed medical cannabis
2grower, licensed medical cannabis processor or licensed
3medical cannabis dispenser.
4(v) Refer a patient to a particular licensed medical
5cannabis grower, licensed medical cannabis processor or
6licensed medical cannabis dispenser.
7(vi) Advertise in a facility of a licensed medical
8cannabis grower, licensed medical cannabis processor or
9licensed medical cannabis dispenser.
10(vii) Issue an authorization to receive medical
11cannabis to a member of the health care practitioner's
12family.
13Section 702. Expansion of medical conditions.
14(a) Petition.--Beginning in 2015, the board may accept
15petitions from a resident of this Commonwealth to add additional
16qualified medical conditions to those conditions for which a
17patient may receive medical cannabis.
18(b) Requirements.--A petition under subsection (a):
19(1) must be limited to a single proposed qualified
20medical condition;
21(2) must be in a form prescribed by the board;
22(3) must include a description of the specific medical
23condition which is the subject of the petition; and
24(4) must not request approval for broad categories of
25illnesses.
26(c) Review.--Upon receipt of a petition under subsection
27(a), the board shall do all of the following:
28(1) Review the petition received for the addition of a
29qualified medical condition which would benefit from the use
30of medical cannabis. The board may consolidate petitions for
1the same or similar condition.
2(2) Review new or current medical and scientific
3evidence pertaining to currently approved conditions.
4(3) Consult medical and scientific experts as necessary
5to adequately review the petition.
6(4) Analyze the following:
7(i) Information about why conventional medical
8therapies are not sufficient to treat or alleviate the
9impact of the condition or disease.
10(ii) The proposed benefits from the use of medical
11cannabis.
12(iii) Evidence from the medical community and other
13experts supporting the use of medical cannabis to
14alleviate suffering caused by the condition or disease or
15its treatment.
16(iv) Letters of support from licensed health care
17providers knowledgeable about the condition or disease,
18including letters from physicians with whom the
19petitioner has a physician-patient relationship.
20(v) Medical or scientific documentation.
21(d) Action.--The board shall approve or deny a petition in
22accordance with regulations promulgated by the board.
23Section 703. Medical use permitted.
24(a) General rule.--The cultivation, possession, acquisition,
25use, delivery, processing, dispensing or transportation of
26medical cannabis by a person who, at the time the cultivation,
27possession, acquisition, use, delivery, processing, dispensing
28or transportation occurs, possesses a valid license,
29occupational permit, certificate or medical cannabis access card
30under this act and is in compliance with all applicable terms
1under this act shall not be unlawful under any provision of law.
2(b) Access card.--
3(1) Possession of or application for a medical cannabis
4access card may not alone constitute probable cause to search
5a person, the person's property or otherwise subject the
6person or property to inspection by a governmental agency.
7(2) Paragraph (1) does not apply to a patient under 18
8years of age unless all of the following have occurred:
9(i) The minor's health care practitioner has
10explained to the minor and the minor's custodial parent,
11guardian or person having legal custody the potential
12risks and benefits of medical cannabis.
13(ii) The custodial parent, guardian or person having
14legal custody consents in writing to:
15(A) Allow the minor's use of medical cannabis.
16(B) Serve as the minor's patient representative.
17(C) Control the acquisition, dosage and
18frequency of the minor's use of medical cannabis.
19(c) Restriction.--An individual who has been convicted,
20adjudicated delinquent or granted accelerated rehabilitative
21disposition or who pleads guilty or nolo contendere for any
22offense shall not be disqualified from obtaining or possessing a
23valid medical cannabis access card on the basis of the offense.
24Section 704. Health insurance.
25Nothing in this act shall be construed to require a State
26government medical assistance program or private health insurer
27to reimburse a person for costs associated with the medical use
28of cannabis or an employer to accommodate the medical use of
29cannabis in a workplace.
30Section 705. Sovereign immunity.
1The Commonwealth may not be held liable for any deleterious
2outcomes resulting from the medical use of cannabis by a
3registered patient.
4CHAPTER 9
5PROTECTION, PROHIBITIONS,
6ENFORCEMENT AND PENALTIES
7Section 901. Civil discrimination protection.
8The following shall apply:
9(1) For the purposes of medical care, a patient's
10authorized use of medical cannabis under this act shall be
11considered the equivalent of the use of other medication
12under the direction of a health care practitioner. Medical
13cannabis, when used in accordance with this act, may not be
14considered an illicit substance or otherwise disqualify a
15patient from medical care.
16(2) An individual may not be penalized in any of the
17following ways due to the individual's use of medical
18cannabis under this act:
19(i) Denied custody, visitation or parenting time
20with a minor child.
21(ii) Presumed to neglect or endanger a minor child
22unless the individual's behavior creates an unreasonable
23danger to the safety of the minor by clear and convincing
24evidence.
25(3) A landlord may not refuse to lease or otherwise
26penalize a patient solely for having a medical cannabis
27access card or using medical cannabis in accordance with this
28act unless the landlord would lose a monetary or licensing-
29related benefit under Federal law or regulation.
30(4) A school may not refuse to enroll or otherwise
1penalize a patient solely for having a medical cannabis
2access card or using medical cannabis in accordance with this
3act unless the school would lose a monetary or licensing-
4related benefit under Federal law or regulation.
5(5) An employer may not discriminate against an
6individual in the hiring or termination of benefits or
7otherwise penalize the individual for being a medical
8cannabis access cardholder. The following shall apply:
9(i) The employer may take an individual's status as
10a cardholder into account only if the employer can prove
11the employee is abusing or misusing the employee's
12medical cannabis on the premises of the place of
13employment during ordinary hours of employment or if
14failure to do so would cause an employer to lose a
15licensing benefit under Federal law or regulation.
16(ii) An individual's positive drug test for cannabis
17components or metabolites may not be considered by an
18employer unless the individual unlawfully used, possessed
19or was impaired by the medical cannabis while on the
20premises of the place of employment or during the hours
21of employment.
22Section 902. Prohibitions and use.
23(a) Prohibitions.--
24(1) A registered patient may not operate or be in
25physical control of any of the following while under the
26influence with a blood content of more than ten nanograms of
27active tetrahydrocannabis per milliliter of blood in serum:
28(i) A motor vehicle.
29(ii) An aircraft.
30(iii) A motor boat.
1(iv) Heavy machinery.
2(v) A mode of transportation in a manner that would
3constitute an offense under 75 Pa.C.S. Ch. 38 (relating
4to driving after imbibing alcohol or utilizing drugs).
5(2) A registered patient may not undertake any task
6under the influence of cannabis when doing so would
7constitute negligence or professional malpractice.
8(3) A person may not allow cannabis obtained by a
9registered patient to be used by an individual who is not
10authorized to use medical cannabis under this act.
11(4) An individual may not smoke cannabis or utilize a
12vaporizer to ingest or inhale cannabis.
13(b) Use.--Except as provided under subsection (a), a
14registered patient may utilize medical cannabis in any public
15place, including the following:
16(i) Public transportation.
17(ii) On school grounds if the registered patient is
18a student or an employee of the school in accordance with
19the Department of Education regulations regarding
20medication on school grounds.
21(iii) In a correctional facility in accordance with
22Department of Corrections regulations regarding
23medications in correctional facilities.
24(iv) At a public park or public beach.
25(c) Adulteration.--With the exception of extraction methods
26and processing operations approved by the board, a person may
27not adulterate, fortify, contaminate or change the character or
28purity of medical cannabis from the original sold by a licensed
29medical cannabis grower, processor or dispenser.
30Section 903. Unlawful activities.
1In addition to any other applicable provision of law, it
2shall be a criminal offense to intentionally or knowingly do any
3of the following:
4(1) Grow, process or dispense medical cannabis without a
5license under this act.
6(2) Transport medical cannabis from or between an
7unlicensed grower, processor or dispenser.
8(3) Participate in the growing, processing, testing or
9dispensing of medical cannabis in violation of this act.
10(4) Fail to report, pay or truthfully account for and
11pay any license fee, authorization fee or an assessment
12imposed under this act.
13(5) Violate any regulation of the board.
14Section 904. Criminal penalties and fines.
15(a) Offense.--Except as provided under subsections (b) and
16(c), a violation of the act shall be graded as a misdemeanor of
17the second degree.
18(b) Unauthorized actions.--A medical cannabis grower,
19processor or dispenser that distributes, gives, sells or
20provides medical cannabis to a person other than a person
21authorized under this act commits a felony of the third degree.
22(c) Individual.--An individual who falsifies an application
23or certification under section 511 commits a misdemeanor of the
24first degree.
25(d) Other violations.--A person that is convicted of a
26second or subsequent violation of this act commits a felony of
27the third degree.
28CHAPTER 11
29MEDICAL CANNABIS SURCHARGE
30Section 1101. Definitions.
1The following words and phrases when used in this chapter
2shall have the meanings given to them in this section unless the
3context clearly indicates otherwise:
4"Department." The Department of Revenue of the Commonwealth.
5"Medical cannabis." Plants containing cannabidiol,
6tetrahydrocannabinol or delta-9-tetrahydrocannabinol acid or any
7part of a cannabis plant, including cannabis processed by
8extracting oil from the plant, intended for medical purposes.
9The term includes extracted oil, edible products, ointments and
10tinctures.
11"Medical cannabis purveyor." A medical cannabis dispenser,
12medical cannabis grower, medical cannabis processor or any other
13person licensed under this chapter who, in the usual course of
14business, sells medical cannabis to a medical cannabis
15dispenser.
16"Person." An individual, unincorporated association,
17corporation, limited liability corporation, joint stock company,
18group, committee, agency, syndicate, trust or trustee, receiver,
19fiduciary, partnership or conservator. Whenever used in this
20chapter to establish or impose penalties, the term "person" when
21applied to a partnership, unincorporated association or other
22joint venture means the partners or members thereof and when
23applied to a corporation means all officers and directors
24thereof.
25"Purchase price." The total value of anything paid or
26delivered, or promised to be paid or delivered, whether it be
27money or otherwise, in complete performance of a sale or
28purchase, without a deduction on account of the cost or value of
29the property sold, cost or value of transportation, cost or
30value of labor or service, interest or discount paid or allowed
1after the sale is consummated, other taxes or surcharges imposed
2by the Commonwealth or other expense.
3"Sale." A transfer of ownership, custody or possession of
4medical cannabis for consideration; an exchange, barter or gift;
5or an offer to sell or transfer the ownership, custody or
6possession of medical cannabis for consideration.
7"Surcharge payer." A person subject to the surcharge under
8this chapter.
9"Unclassified importer." A person in this Commonwealth that
10acquires medical cannabis from a source on which the surcharge
11imposed by this chapter was not paid and that is not a person
12otherwise required to be licensed under the provisions of this
13chapter. The term includes a patient who purchases medical
14cannabis outside this Commonwealth for personal possession or
15use in this Commonwealth.
16Section 1102. Incidence and rate of surcharge.
17(a) Imposition.--A medical cannabis surcharge is imposed on
18a medical cannabis purveyor or other person at the time the
19medical cannabis is first sold to a medical cannabis dispenser
20in this Commonwealth at the rate of 6% on the purchase price
21charged to the medical cannabis dispenser for the purchase of
22medical cannabis. The surcharge shall be collected from the
23medical cannabis dispenser by the seller of the medical cannabis
24to the medical cannabis dispenser and remitted to the
25department. A person required to collect this surcharge shall
26separately state the amount of surcharge on an invoice or other
27sales document.
28(b) Medical cannabis dispenser.--If the surcharge is not
29collected by the seller from the medical cannabis dispenser, the
30surcharge is imposed on the medical cannabis dispenser at the
1time of purchase at the same rate as in subsection (a) based on
2the medical cannabis dispenser's purchase price of the medical
3cannabis. The medical cannabis dispenser shall remit the
4surcharge to the department.
5(c) Unclassified importer.--The surcharge is imposed on an
6unclassified importer at the time of purchase at the same rate
7as in subsection (a) based on the unclassified importer's
8purchase price of the medical cannabis. The unclassified
9importer shall remit the surcharge to the department.
10(d) Exceptions.--The surcharge shall not be imposed on
11medical cannabis that:
12(1) is exported for sale outside this Commonwealth; or
13(2) is not subject to surcharge or taxation by the
14Commonwealth pursuant to any laws of the United States.
15(e) Article II.--Unless otherwise specifically noted, the
16provisions of Article II of the act of March 4, 1971 (P.L.6,
17No.2), known as the Tax Reform Code of 1971, shall apply to the
18returns, payment, penalties, enforcement, collections and
19appeals of the surcharge imposed on medical cannabis.
20Section 1103. Limitation of surcharge.
21Only one sale shall be surcharged and used in computing the
22amount of surcharge due under this chapter.
23Section 1104. Remittance of surcharge to department.
24Medical cannabis purveyors and unclassified importers shall
25file monthly reports on a form prescribed by the department by
26the 20th day of the month following the sale or purchase of
27medical cannabis from another source on which the surcharge
28levied by this chapter has not been paid. The surcharge is due
29at the time the report is due. The department may require the
30filing of reports and payments of surcharges on a less frequent
1basis at its discretion.
2Section 1105. Procedures for claiming refund.
3A claim for a refund of the surcharge imposed by this chapter
4shall be in accordance with section 3003.1 and Article XXVII of
5the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform
6Code of 1971, and shall be in the form and contain the
7information prescribed by the department by regulation.
8Section 1106. Sales or possession of medical cannabis when
9surcharge not paid.
10(a) Sales or possession.--A person who sells or possesses
11medical cannabis for which the proper surcharge has not been
12paid commits a summary offense and shall, upon conviction, be
13sentenced to pay costs of prosecution and a fine of not less
14than $100 nor more than $1,000 or to imprisonment for not more
15than 60 days, or both, at the discretion of the court. Medical
16cannabis purchased from a medical cannabis purveyor properly
17licensed under this chapter shall be presumed to have the proper
18surcharges paid.
19(b) Surcharge evasion.--A person that falsely or
20fraudulently, maliciously, intentionally or willfully, with
21intent to evade the payment of the surcharge imposed by this
22chapter, sells or possesses medical cannabis for which the
23proper surcharge has not been paid commits a misdemeanor of the
24third degree and shall, upon conviction, be sentenced to pay
25costs of prosecution and a fine of not more than $5,000 or to
26imprisonment for not more than one year, or both, at the
27discretion of the court.
28Section 1107. Assessment.
29The department is authorized to make the inquiries,
30determinations and assessments of the surcharge, including
1interest, additions and penalties, imposed by this chapter.
2Section 1108. Failure to file return.
3Where no return is filed, the amount of the surcharge due may
4be assessed and collected at any time as to chargeable
5transactions not reported.
6Section 1109. False or fraudulent return.
7Where the surcharge payer willfully files a false or
8fraudulent return with intent to evade the surcharge imposed by
9this chapter, the amount of surcharge due may be assessed and
10collected at any time.
11Section 1110. Extension of limitation period.
12Notwithstanding any other provision of this chapter, where,
13before the expiration of the period prescribed for the
14assessment of a surcharge, a surcharge payer has consented, in
15writing, that the period be extended, the amount of surcharge
16due may be assessed at any time within the extended period. The
17period so extended may be extended further by subsequent
18consents, in writing, made before the expiration of the extended
19period.
20Section 1111. Failure to furnish information, returning false
21information or failure to permit inspection.
22(a) Penalty.--A surcharge payer who fails to keep or make a
23record, return, report, inventory or statement, or keeps or
24makes a false or fraudulent record, return, report, inventory or
25statement required by this chapter, commits a misdemeanor and
26shall, upon conviction, be sentenced to pay costs of prosecution
27and a fine of $500 and to imprisonment for not more than one
28year, or both, at the discretion of the court.
29(b) Examination.--The department is authorized to examine
30the books and records, the stock of medical cannabis and the
1premises and equipment of a surcharge payer in order to verify
2the accuracy of the payment of the surcharge imposed by this
3chapter. The person subject to an examination shall give to the
4department or its duly authorized representative the means,
5facilities and opportunity for the examination. Willful refusal
6to cooperate with or permit an examination to the satisfaction
7of the department shall be sufficient grounds for suspension or
8revocation of a surcharge payer's license issued under this
9chapter.
10(c) Records.--A medical cannabis purveyor shall keep and
11maintain for a period of four years records in the form
12prescribed by the department. The records shall be maintained at
13the location for which the license under this chapter is issued.
14(d) Reports.--A medical cannabis purveyor shall file reports
15at times and in the form prescribed by the department.
16(e) Medical cannabis purveyor.--A medical cannabis purveyor
17located or doing business in this Commonwealth who sells medical
18cannabis in this Commonwealth shall keep records showing:
19(1) The amount and kind of medical cannabis sold.
20(2) The date the medical cannabis was sold.
21(3) The name and license number issued under Chapter 5
22of the medical cannabis dispenser to which the medical
23cannabis was sold.
24(4) The total price of the medical cannabis sold to the
25medical cannabis dispenser.
26(5) The place where the medical cannabis was shipped.
27(6) The name of the common carrier.
28(f) Medical cannabis purveyor.--A medical cannabis purveyor
29shall file with the department, on or before the 20th day of
30each month, a report showing the information listed in
1subsection (e) for the previous month.
2Section 1112. Records of shipments and receipts of medical
3cannabis required.
4The department may, in its discretion, require reports from a
5common or contract carrier who transports medical cannabis to
6any point or points within this Commonwealth, and from a bonded
7warehouseman or bailee who has in the possession of the
8warehouseman or bailee any medical cannabis. The reports shall
9contain the information concerning shipments of medical cannabis
10that the department determines to be necessary for the
11administration of this chapter. All common and contract
12carriers, bailees and warehousemen shall permit the examination
13by the department or its authorized agents of records relating
14to the shipment or receipt of medical cannabis.
15Section 1113. Licensing of medical cannabis purveyors.
16(a) Prohibition.--No person, unless all sales of medical
17cannabis are exempt from the medical cannabis surcharge in this
18Commonwealth, shall sell, transfer or deliver medical cannabis
19in this Commonwealth without first obtaining the proper license
20provided for in this chapter.
21(b) Application.--An applicant for a medical cannabis
22purveyor's license shall complete and file an application with
23the department. The application shall be in the form and contain
24information prescribed by the department and shall set forth
25truthfully and accurately the information required by the
26department. If the application is approved, the department shall
27license the medical cannabis purveyor for a period of one year
28and the license may be renewed annually thereafter.
29(c) Requirements.--Applicants for a medical cannabis
30purveyor's license or renewal of that license shall meet the
1following requirements:
2(1) The premises on which the applicant proposes to
3conduct business are adequate to protect the revenue.
4(2) The applicant is a person of reasonable financial
5stability and reasonable business experience.
6(3) The applicant, or a shareholder controlling more
7than 10% of the stock if the applicant is a corporation or an
8officer or director if the applicant is a corporation, shall
9not have been convicted of a crime involving moral turpitude.
10(4) The applicant shall not have failed to disclose
11material information required by the department, including
12information that the applicant has complied with this chapter
13by providing a signed statement under penalty of perjury.
14(5) The applicant shall not have made any material false
15statement in the application.
16(6) The applicant shall not have violated a provision of
17this chapter.
18(7) The applicant shall have filed all required State
19tax reports and paid State taxes not subject to a timely
20perfected administrative or judicial appeal or subject to a
21duly authorized deferred payment plan.
22(d) Multiple locations.--The medical cannabis purveyor's
23license shall be valid for one specific location only. Medical
24cannabis purveyors with more than one location shall obtain a
25license for each location.
26Section 1114. License fees and issuance and display of license.
27(a) Fees.--At the time of making an application or license
28renewal application, an applicant for a medical cannabis
29purveyor's license shall pay the department a license fee of
30$75.
1(b) Proration.--Fees shall not be prorated.
2(c) Issuance and display.--On approval of the application
3and payment of the fees, the department shall issue the proper
4license which must be conspicuously displayed at the location
5for which it has been issued.
6Section 1115. Electronic filing.
7The department may, at its discretion, require that any or
8all returns, reports or registrations that are required to be
9filed under this chapter be filed electronically.
10Section 1116. Expiration of license.
11(a) Expiration.--A license shall expire on the last day of
12June next succeeding the date upon which it was issued unless
13the department at an earlier date suspends, surrenders or
14revokes the license.
15(b) Violation.--After the expiration date of the license or
16sooner if the license is suspended, surrendered or revoked, it
17shall be illegal for a medical cannabis purveyor to engage
18directly or indirectly in the business conducted by the medical
19cannabis purveyor for which the license was issued. A licensee
20who shall, after the expiration date of the license, engage in
21the business conducted by the licensee either by way of
22purchase, sale, distribution or in any other manner directly or
23indirectly engaged in the business of dealing with medical
24cannabis shall be in violation of this chapter and be subject to
25the penalties provided in this chapter.
26Section 1117. Administration powers and duties.
27(a) Department.--The administration of this chapter is
28vested in the department. The department shall adopt rules and
29regulations for the enforcement of this chapter.
30(b) Joint administration.--The department is authorized to
1jointly administer this chapter with other provisions of the act
2of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of
31971, including joint reporting of information, forms, returns,
4statements, documents or other information submitted to the
5department.
6Section 1118. Sales without license.
7(a) Penalty.--A person who shall, without being the holder
8of a proper unexpired medical cannabis purveyor's license,
9engage in purchasing, selling, distributing or in another manner
10directly or indirectly engage in the business of dealing with
11medical cannabis commits a summary offense and shall, upon
12conviction, be sentenced to pay costs of prosecution and a fine
13of not less than $250 nor more than $1,000, or to imprisonment
14for not more than 30 days, or both, at the discretion of the
15court.
16(b) Prima facie evidence.--Open display of medical cannabis
17in any manner shall be prima facie evidence that the person
18displaying such medical cannabis is directly or indirectly
19engaging in the business of dealing medical cannabis.
20Section 1119. Violations and penalties.
21(a) Suspension.--The license of a person who violates this
22chapter may be suspended after due notice and opportunity for a
23hearing for a period of not less than five days nor more than 30
24days for a first violation and shall be revoked or suspended for
25any subsequent violation.
26(b) Fine.--In addition to the provisions of subsection (a),
27upon adjudication of a first violation, the person shall be
28fined not less than $2,500 nor more than $5,000. For subsequent
29violations, the person shall, upon adjudication, be fined not
30less than $5,000 nor more than $15,000.
1Section 1120. Property rights.
2(a) Incorporation.--Subject to subsection (b), section 1285
3of the act of March 4, 1971 (P.L.6, No.2), known as the Tax
4Reform Code of 1971, is incorporated by reference into and shall
5apply to this chapter.
6(b) Alterations.--
7(1) References to cigarettes in section 1285 of the Tax
8Reform Code of 1971 shall apply to medical cannabis in this
9chapter.
10(2) References to 2,000 or more unstamped cigarettes in
11section 1285 of the Tax Reform Code of 1971 shall apply to
12medical cannabis worth at least $1,000 in this chapter.
13(3) References to more than 200 unstamped cigarettes in
14section 1285 of the Tax Reform Code of 1971 shall apply to
15medical cannabis worth at least $100 in this chapter.
16Section 1121. Information exchange.
17The department is authorized to exchange information with any
18other Federal, State or local enforcement agency for purposes of
19enforcing this chapter.
20CHAPTER 51
21MISCELLANEOUS PROVISIONS
22Section 5101. Regulations.
23(a) Requirement.--The board shall promulgate regulations as
24necessary to implement this act.
25(b) Temporary regulations.--In order to facilitate the
26implementation of this act, regulations promulgated by the board
27shall be deemed temporary regulations which shall expire not
28later than two years following the publication of the temporary
29regulation. Temporary regulations shall not be subject to:
30(1) Sections 201, 202, 203, 204 and 205 of the act of
1July 31, 1968 (P.L.769, No.240), referred to as the
2Commonwealth Documents Law.
3(2) The act of June 25, 1982 (P.L.633, No.181), known as
4the Regulatory Review Act.
5(3) Sections 204(b) and 301(10) of the act of October
615, 1980 (P.L.950, No.164), known as the Commonwealth
7Attorneys Act.
8(c) Expiration.--The board's authority to adopt temporary
9regulations under subsection (b) shall expire two years after
10the effective date of this section. Regulations adopted after
11this period shall be promulgated as provided by law.
12(d) Publication.--The board shall begin publishing temporary
13regulations in the Pennsylvania Bulletin no later than six
14months following the effective date of this section.
15Section 5102. Appropriation.
16The sum of $1.3 million or as much thereof as may be
17necessary is appropriated from the General Fund to the Bureau of
18Professional and Occupational Affairs within the Department of
19State for the start-up and initial operation of the State Board
20of Medical Cannabis Licensing.
21Section 5103. Applicability of other statutes.
22The following acts shall apply to the board:
23(1) The act of February 14, 2008 (P.L.6, No.3), known as
24the Right-to-Know Law.
25(2) The act of July 19, 1957 (P.L.1017, No.451), known
26as the State Adverse Interest Act.
27(3) 65 Pa.C.S. Chs. 7 (relating to open meetings) and 11
28(relating to ethics standards and financial disclosure).
29Section 5104. Repeals.
30The following shall apply:
1(1) Sections 4 and 13 of the act of April 14, 1972
2(P.L.233, No.64), known as The Controlled Substance, Drug,
3Device and Cosmetic Act, are repealed insofar as they are
4inconsistent with this act.
5(2) All acts and parts of acts are repealed insofar as
6they are inconsistent with this act.
7Section 5105. Effective date.
8This act shall take effect in 60 days.