PRINTER'S NO. 1451
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
35
Session of
2015
INTRODUCED BY REGAN, STAATS, ROZZI, MURT, D. COSTA, SCHWEYER AND
DeLUCA, MAY 6, 2015
REFERRED TO COMMITTEE ON JUDICIARY, MAY 6, 2015
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, providing for criminal diversion of
medical marijuana; and imposing penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 18 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 30A
CRIMINAL DIVERSION OF MEDICAL MARIJUANA
Subchapter
A. Preliminary Provisions
B. Defined Offenses
SUBCHAPTER A
PRELIMINARY PROVISIONS
Sec.
30A01. Definitions.
§ 30A01. Definitions.
The following words and phrases when used in this chapter
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shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Caregiver." An individual designated by a patient to
deliver medical marijuana to the patient.
"Medical marijuana." Marijuana legally permitted for medical
use.
"Medical marijuana organization." An organization that is
legally authorized to provide medical marijuana.
"Patient." A patient who:
(1) has met the requirements for the lawful use of
medical marijuana; and
(2) is a resident of this Commonwealth or is receiving
care and treatment within this Commonwealth.
"Practitioner." A physician who is legally authorized to
provide medical marijuana.
SUBCHAPTER B
DEFINED OFFENSES
Sec.
30A11. Criminal diversion of medical marijuana by
practitioners.
30A12. Criminal diversion of medical marijuana by medical
marijuana organizations.
30A13. Criminal retention of medical marijuana.
§ 30A11. Criminal diversion of medical marijuana by
practitioners.
A practitioner commits a misdemeanor of the first degree if
the practitioner intentionally, knowingly, recklessly or
negligently provides medical marijuana to a person who is not
lawfully entitled to receive medical marijuana.
§ 30A12. Criminal diversion of medical marijuana by medical
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marijuana organizations.
An employee or owner of a medical marijuana organization
commits a misdemeanor of the second degree if the person
intentionally, knowingly, recklessly or negligently sells,
trades, delivers or otherwise provides medical marijuana to a
person who is not lawfully entitled to receive medical
marijuana.
§ 30A13. Criminal retention of medical marijuana.
A patient or caregiver commits a summary offense if the
patient or caregiver intentionally, knowingly or recklessly
possesses, stores or maintains an amount of medical marijuana in
excess of the amount legally permitted.
Section 2. This act shall take effect in 60 days.
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