See other bills
under the
same topic
PRINTER'S NO. 3417
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2050
Session of
2020
INTRODUCED BY WHEATLEY, MADDEN, McNEILL, FRANKEL, KENYATTA,
McCLINTON, BURGOS, GAINEY, HARRIS, WILLIAMS, LEE, HILL-EVANS,
YOUNGBLOOD AND DALEY, MARCH 4, 2020
REFERRED TO COMMITTEE ON HEALTH, MARCH 4, 2020
AN ACT
Amending the act of April 17, 2016 (P.L.84, No.16), entitled "An
act establishing a medical marijuana program; providing for
patient and caregiver certification and for medical marijuana
organization registration; imposing duties on the Department
of Health; providing for a tax on medical marijuana
organization gross receipts; establishing the Medical
Marijuana Program Fund; establishing the Medical Marijuana
Advisory Board; establishing a medical marijuana research
program; imposing duties on the Department of Corrections,
the Department of Education and the Department of Human
Services; and providing for academic clinical research
centers and for penalties and enforcement," further providing
for title of act; providing for general provisions for act
and imposing duties on the Bureau of Liquor Control
Enforcement; in preliminary provisions for medical cannabis,
further providing for short title, for declaration of policy
and for definitions; in program, further providing for
program established, for confidentiality and public
disclosure, for lawful use of medical marijuana and for
unlawful use of medical marijuana; in practitioners, further
providing for practitioner registration, for practitioner
restrictions, for issuance of certification and for duration;
in patients, further providing for identification cards, for
caregivers, for special conditions, for contents of
identification card, for suspension and for prohibitions; in
medical marijuana organizations, further providing for
medical marijuana organizations, for permits, for granting of
permit, for application and issuance, for fees and other
requirements, for issuance, for relocation, for terms of
permit, for permit renewals, for suspension or revocation,
for convictions prohibited, for diversity goals and for
limitations on permits; in medical marijuana controls,
further providing for electronic tracking, for
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
grower/processors, for storage and transportation, for
laboratory and for prices; in dispensaries, further providing
for dispensing to patients and caregivers and for facility
requirements; in tax on medical marijuana, further providing
for tax on medical marijuana and for Medical Marijuana
Program Fund; in administration, further providing for
governing practice and procedure, for reports by medical
marijuana organizations, for law enforcement notification,
for evaluation, for report and for temporary regulations; in
Medical Marijuana Advisory Board, further providing for
advisory board; in offenses related to medical marijuana,
further providing for criminal diversion of medical marijuana
by practitioners, for criminal diversion of medical
marijuana, for criminal retention of medical marijuana, for
criminal diversion of medical marijuana by patient or
caregiver, for falsification of identification cards, for
adulteration of medical marijuana, for disclosure of
information prohibited, for additional penalties and for
other restrictions; in research program, further providing
for definitions, for establishment of medical marijuana
research program, for medical marijuana research program
administration, for approval, for requirements, for
restrictions, for regulations and for nonentitlement; in
academic clinical research centers and clinical registrants,
further providing for legislative findings and declaration of
policy, for clinical registrants and for research study; in
miscellaneous provisions, further providing for conflict, for
financial and employment interests, for insurers, for
protections for patients and caregivers, for schools, for
day-care centers, for notice and for applicability; providing
for adult-use cannabis; establishing the Commonwealth
Reinvestment Fund, the Student Loan Reimbursement Program,
the Mixed Income Housing Program, the After-school Program
and the Minority and Woman Cannabis Grant Program; imposing
duties on the Department of Education, the Department of
Community and Economic Development, the Pennsylvania Housing
Finance Agency; imposing penalties; making appropriations;
making repeals; and making editorial changes.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The title of the act of April 17, 2016 (P.L.84,
No.16), known as the Medical Marijuana Act, is amended to read:
AN ACT
Establishing a [medical marijuana] cannabis program; providing
for patient and caregiver certification and for [medical
marijuana] cannabis organization registration; imposing
duties on the Department of Health; providing for a tax on
[medical marijuana] cannabis organization gross receipts;
establishing the Medical [Marijuana] Cannabis Program Fund;
20200HB2050PN3417 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
establishing the Medical [Marijuana] Cannabis Advisory Board;
establishing a medical [marijuana] cannabis research program;
establishing the Commonwealth Reinvestment Fund; imposing
duties on the Department of Corrections, the Department of
Education [and], the Department of Human Services, the
Pennsylvania Housing Finance Agency and the Bureau of Liquor
Control Enforcement; and providing for academic clinical
research centers and for penalties and enforcement.
Section 2. The act is amended by adding a part and a part
heading immediately before Chapter 1 of the act to read:
PART I
GENERAL PROVISIONS
CHAPTER 1
PRELIMINARY PROVISIONS
Section 101. Short title.
This act shall be known and may be cited as the Cannabis Act.
Section 102. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Adult-use cannabis." Cannabis ingested for a reason other
than medical purposes.
"Adult-use cannabis dispensary." A dispensary holding a
permit from the department under this act to dispense adult-use
cannabis or cannabis products but not medical cannabis.
"Adult-use cannabis grower." A grower holding a permit from
the department under this act to grow adult-use cannabis but not
medical cannabis.
"Adult-use cannabis organization." A cannabis organization
for the dispensing, growing or processing of adult-use cannabis
20200HB2050PN3417 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
or cannabis products only and not of medical cannabis.
"Adult-use cannabis processor." A processor holding a permit
from the department under this act to process adult-use cannabis
or cannabis products but not medical cannabis.
"Cannabis." With respect to the plant of the genus cannabis,
as follows:
(1) Any of the following:
(i) The parts of the plant, whether growing or not.
(ii) The seeds of the plant.
(iii) The resin extracted from part of the plant.
(iv) Every compound, manufacture, salt, derivative,
mixture or preparation of the plant, its seeds or resin,
including cannabis concentrate.
(2) The term does not include industrial hemp or fiber
produced from the stalks, oil or cake made from the seeds of
the plant, sterilized seed of the plant that is incapable of
germination or the weight of another ingredient combined with
cannabis to prepare topical or oral administrations, food,
drink or other product.
"Cannabis product." A product that is comprised of cannabis
and other ingredients and is intended for use or consumption,
including as an edible product, ointment or tincture.
"Department." The Department of Health of the Commonwealth.
"Dispensary." As follows:
(1) A person, including an individual, corporation,
partnership, association, trust or other entity, or any
combination of these persons, which holds a permit from the
department to dispense medical cannabis, adult-use cannabis
or cannabis products.
(2) The term does not include:
20200HB2050PN3417 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(i) A health care medical cannabis organization.
(ii) An academic clinical research center or
clinical registrant under Chapter 20 as it may pertain to
adult-use cannabis or cannabis products.
"Grower." As follows:
(1) A person, including an individual, corporation,
partnership, association, trust or other entity, or any
combination of these persons, which holds a permit from the
department under this act to grow medical cannabis or adult-
use cannabis.
(2) The term does not include:
(i) A health care medical cannabis organization.
(ii) An academic clinical research center or
clinical registrant under Chapter 20 as it may pertain to
adult-use cannabis or cannabis products.
"Grower/processor." As follows:
(1) A person, including an individual, corporation,
partnership, association, trust or other entity, or any
combination of these persons, which holds a permit from the
department under this act to grow and process medical
cannabis.
(2) The term does not include:
(i) A health care medical cannabis organization.
(ii) An academic clinical research center or
clinical registrant under Chapter 20 as it may pertain to
adult-use cannabis or cannabis products.
"Health care medical cannabis organization." A vertically
integrated health system approved by the department to dispense
medical cannabis or grow and process medical cannabis, or both,
in accordance with a research study under Chapter 19.
20200HB2050PN3417 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
"Medical cannabis." Cannabis for certified medical use as
specified under Part II.
"Medical cannabis dispensary." A dispensary holding a permit
from the department under this act to dispense medical cannabis
but not adult-use cannabis or cannabis products.
"Medical cannabis grower." A grower holding a permit from
the department under this act to grow medical cannabis but not
adult-use cannabis.
"Medical cannabis organization." A cannabis organization for
the dispensing, growing or processing of medical cannabis only
and not of adult-use cannabis or cannabis products.
"Medical cannabis processor." A processor holding a permit
from the department under this act to process medical cannabis
but not adult-use cannabis or cannabis products.
"Pennsylvania farm." An agricultural business incorporated
as a sole proprietorship, partnership, limited liability company
or Pennsylvania S corporation that operates an area of land and
building used for growing crops and rearing animals.
"Permit." An authorization issued by the department to a
cannabis organization to conduct activities under this act.
"Processor." As follows:
(1) A person, including an individual, corporation,
partnership, association, trust or other entity, or any
combination of these persons, which holds a permit from the
department under this act to process medical cannabis, adult-
use cannabis or cannabis products.
(2) The term does not include:
(i) A health care medical cannabis organization.
(ii) An academic clinical research center or
clinical registrant under Chapter 20 as it may pertain to
20200HB2050PN3417 - 6 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
adult-use cannabis or cannabis products.
"Secretary." The Secretary of Health of the Commonwealth.
"Vertically integrated health system." A health care
facility licensed under the act of July 19, 1979 (P.L.130,
No.48), known as the Health Care Facilities Act, in which the
complete spectrum of care, including primary and specialty care,
hospitalization and pharmaceutical care, is provided within a
single organization.
CHAPTER 1-A
ENFORCEMENT
Section 101-A. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Bureau." The Bureau of Liquor Control Enforcement.
Section 102-A. Authority of bureau.
The bureau shall be responsible for enforcing this act,
including the development of enforcement procedures consistent
with this act, and any regulations promulgated under this act.
Officers and investigators assigned to the bureau shall have the
power and their duty shall be:
(1) To investigate whenever there are reasonable grounds
to believe that medical cannabis, adult-use cannabis or
cannabis products are being grown, processed, dispensed, sold
or used in violation of this act. If the investigation
produces evidence of the unlawful conduct under this act, the
officer involved in the investigation shall institute
criminal proceedings against a person believed to have been
criminally liable, as otherwise provided by law or rule of
court.
20200HB2050PN3417 - 7 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(2) To arrest on view, without warrant, except in
private homes, a person actually engaged in unlawful conduct
under this act.
(3) Upon reasonable and probable cause, to search for
and seize, without warrant or process, except in private
homes, medical cannabis, adult-use cannabis or cannabis
products grown, processed, dispensed, sold or used in
violation of this act. The seized medical cannabis, adult-use
cannabis or cannabis products shall be disposed of as
provided in this chapter.
(4) To investigate and issue citations for a violation
of this act or another law of this Commonwealth relating to
medical cannabis, adult-use cannabis or cannabis products, or
a regulation adopted under this act or another law of this
Commonwealth or the Federal Government relating to medical
cannabis, adult-use cannabis or cannabis products by a
cannabis organization or other person covered by this act.
(5) To arrest a person who engages in any of the
following offenses when the offense is committed against the
officer or investigator or a person accompanying and
assisting the officer or investigator while the officer or
investigator is performing assigned duties under this act and
any regulation promulgated under this act:
(i) 18 Pa.C.S. § 2701 (relating to simple assault).
(ii) 18 Pa.C.S. § 2702 (relating to aggravated
assault).
(iii) 18 Pa.C.S. § 2705 (relating to recklessly
endangering another person).
(iv) 18 Pa.C.S. § 2706 (relating to terroristic
threats).
20200HB2050PN3417 - 8 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(v) 18 Pa.C.S. § 2709 (relating to harassment).
(vi) 18 Pa.C.S. § 5104 (relating to resisting arrest
or other law enforcement).
(vii) 18 Pa.C.S. § 5501 (relating to riot).
(6) To serve and execute warrants issued by the proper
authorities for offenses referred to in this subsection and
to serve subpoenas.
Section 103-A. Confiscation.
Any equipment or appurtenance actually used in the commission
of the unlawful acts may be confiscated. The confiscation shall
not, in any manner, divest or impair the rights or interest of a
bona fide lienholder in the equipment or appurtenance.
Section 104-A. Prohibitions based on age.
A prohibition under this act involving an individual who is
under 21 years of age shall not apply if all of the following
apply:
(1) The individual is at least 18 years of age or older.
(2) T he individual is an officer, employee or intern of
the bureau.
(3) The individual has completed training specified by
the bureau.
(4) The individual is acting within the scope of
prescribed duties.
(5) The individual is acting under the direct control or
supervision of a bureau officer who is 21 years of age or
older.
PART II
MEDICAL CANNABIS
Section 3. Chapter 1 heading, sections 101, 102, 103, 301,
302(b), 303, 304, 401(a) introductory paragraph and (c)(2), 402,
20200HB2050PN3417 - 9 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
403(a) introductory paragraph and (4), (b)(6) and (c)(2), 405,
501(a) and (i), 502(b), 504, 508(5), 509 and 510, Chapter 6
heading, sections 601, 602, 603, 606, 607, 608, 609, 610, 612,
613, 614, 615 and 616, Chapter 7 heading, sections 701, 702, 703
introductory paragraph, (7) and (9), 704, 705, 801 and 802(a),
Chapter 9 heading, sections 901, 902, 1101, 1102, 1103, 1104,
1105 and 1107(a) and (c), Chapter 12 heading, section 1201(a)
introductory paragraph and (j), Chapter 13 heading and sections
1301, 1302, 1303, 1304, 1305(a), 1306(a), 1307(a) introductory
paragraph, (1) and (2), 1308, 1309, 1901, 1902, 1903(a), (b) and
(c)(1), 1904, 1905, 1906, 1907 and 1908 of the act are amended
to read:
CHAPTER [1] 2
PRELIMINARY PROVISIONS
Section [101. Short title.
This act shall be known and may be cited as the Medical
Marijuana Act.] 201. Scope of part.
This part relates to medical cannabis.
Section [102] 202. Declaration of policy.
The General Assembly finds and declares as follows:
(1) Scientific evidence suggests that medical
[marijuana] cannabis is one potential therapy that may
mitigate suffering in some patients and also enhance quality
of life.
(2) The Commonwealth is committed to patient safety.
Carefully regulating the program which allows access to
medical [marijuana] cannabis will enhance patient safety
while research into its effectiveness continues.
(3) It is the intent of the General Assembly to:
(i) Provide a program of access to medical
20200HB2050PN3417 - 10 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
[marijuana] cannabis which balances the need of patients
to have access to the latest treatments with the need to
promote patient safety.
(ii) Provide a safe and effective method of delivery
of medical [marijuana] cannabis to patients.
(iii) Promote high quality research into the
effectiveness and utility of medical [marijuana]
cannabis.
(4) It is the further intention of the General Assembly
that any Commonwealth-based program to provide access to
medical [marijuana] cannabis serve as a temporary measure,
pending Federal approval of and access to medical [marijuana]
cannabis through traditional medical and pharmaceutical
avenues.
Section [103] 203. Definitions.
The following words and phrases when used in this [act] part
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Advisory board." The advisory board established under
section 1201.
"Caregiver." The individual designated by a patient or, if
the patient is under 18 years of age, an individual under
section 506(2), to deliver medical [marijuana] cannabis.
"Certified medical use." The acquisition, possession, use or
transportation of medical [marijuana] cannabis by a patient, or
the acquisition, possession, delivery, transportation or
administration of medical [marijuana] cannabis by a caregiver,
for use as part of the treatment of the patient's serious
medical condition, as authorized in a certification under this
[act] part, including enabling the patient to tolerate treatment
20200HB2050PN3417 - 11 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
for the serious medical condition.
"Certified registered nurse practitioner." As defined in
section 2 of the act of May 22, 1951 (P.L.317, No.69), known as
The Professional Nursing Law.
"Change in control." The acquisition by a person or group of
persons acting in concert of a controlling interest in an
applicant or permittee either all at one time or over the span
of a 12-consecutive-month period.
"Continuing care." Treating a patient, in the course of
which the practitioner has completed a full assessment of the
patient's medical history and current medical condition,
including an in-person consultation with the patient.
"Controlling interest." As follows:
(1) For a publicly traded entity, voting rights that
entitle a person to elect or appoint one or more of the
members of the board of directors or other governing board or
the ownership or beneficial holding of 5% or more of the
securities of the publicly traded entity.
(2) For a privately held entity, the ownership of any
security in the entity.
["Department." The Department of Health of the Commonwealth.
"Dispensary." A person, including a natural person,
corporation, partnership, association, trust or other entity, or
any combination thereof, which holds a permit issued by the
department to dispense medical marijuana. The term does not
include a health care medical marijuana organization under
Chapter 19.]
"Family or household member." As defined in 23 Pa.C.S. §
6102 (relating to definitions).
"Financial backer." An investor, mortgagee, bondholder, note
20200HB2050PN3417 - 12 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
holder or other source of equity, capital or other assets, other
than a financial institution.
"Financial institution." A bank, a national banking
association, a bank and trust company, a trust company, a
savings and loan association, a building and loan association, a
mutual savings bank, a credit union or a savings bank.
"Form of medical [marijuana] cannabis." The characteristics
of the medical [marijuana] cannabis recommended or limited for a
particular patient, including the method of consumption and any
particular dosage, strain, variety and quantity or percentage of
medical [marijuana] cannabis or particular active ingredient.
"Fund." The Medical [Marijuana] C annabis Program Fund
established in section 902.
["Grower/processor." A person, including a natural person,
corporation, partnership, association, trust or other entity, or
any combination thereof, which holds a permit from the
department under this act to grow and process medical marijuana.
The term does not include a health care medical marijuana
organization under Chapter 19.]
"Identification card." A document issued under section 501
that authorizes access to medical [marijuana] cannabis under
this [act] part.
"Individual dose." A single measure of medical [marijuana]
cannabis.
["Medical marijuana." Marijuana for certified medical use as
set forth in this act.
"Medical marijuana organization." A dispensary or a
grower/processor. The term does not include a health care
medical marijuana organization under Chapter 19.]
"Patient." An individual who:
20200HB2050PN3417 - 13 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(1) has a serious medical condition;
(2) has met the requirements for certification under
this [act] part; and
(3) is a resident of this Commonwealth.
["Permit." An authorization issued by the department to a
medical marijuana organization to conduct activities under this
act.]
"Physician assistant." As defined in section 2 of the act of
December 20, 1985 (P.L.457, No.112), known as the Medical
Practice Act of 1985, and section 2 of the act of October 5,
1978 (P.L.1109, No.261), known as the Osteopathic Medical
Practice Act.
"Practitioner." A physician who is registered with the
department under section 401.
"Prescription drug monitoring program." The Achieving Better
Care by Monitoring All Prescriptions Program (ABC-MAP).
"Principal." An officer, director or person who directly
owns a beneficial interest in or ownership of the securities of
an applicant or permittee, a person who has a controlling
interest in an applicant or permittee or who has the ability to
elect the majority of the board of directors of an applicant or
permittee or otherwise control an applicant or permittee, other
than a financial institution.
"Registry." The registry established by the department for
practitioners.
["Secretary." The Secretary of Health of the Commonwealth.]
"Security." As defined in section 102(t) of the act of
December 5, 1972 (P.L.1280, No.284), known as the Pennsylvania
Securities Act of 1972.
"Serious medical condition." Any of the following:
20200HB2050PN3417 - 14 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(1) Cancer.
(2) Positive status for human immunodeficiency virus or
acquired immune deficiency syndrome.
(3) Amyotrophic lateral sclerosis.
(4) Parkinson's disease.
(5) Multiple sclerosis.
(6) Damage to the nervous tissue of the spinal cord with
objective neurological indication of intractable spasticity.
(7) Epilepsy.
(8) Inflammatory bowel disease.
(9) Neuropathies.
(10) Huntington's disease.
(11) Crohn's disease.
(12) Post-traumatic stress disorder.
(13) Intractable seizures.
(14) Glaucoma.
(15) Sickle cell anemia.
(16) Severe chronic or intractable pain of neuropathic
origin or severe chronic or intractable pain in which
conventional therapeutic intervention and opiate therapy is
contraindicated or ineffective.
(17) Autism.
"Terminally ill." A medical prognosis of life expectancy of
approximately one year or less if the illness runs its normal
course.
Section 301. Program established.
(a) Establishment.--A medical [marijuana] cannabis program
for patients suffering from serious medical conditions is
established. The program shall be implemented and administered
by the department. The department shall:
20200HB2050PN3417 - 15 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(1) Issue permits to medical [marijuana] cannabis
organizations to authorize them to grow, process or dispense
medical [marijuana] cannabis and ensure their compliance with
this [act] part.
(2) Register practitioners and ensure their compliance
with this [act] part.
(3) Have regulatory [and enforcement] authority over the
growing, processing, sale and use of medical [marijuana]
cannabis in this Commonwealth.
(4) Establish and maintain an electronic database to
include activities and information relating to medical
[marijuana] cannabis organizations, certifications and
identification cards issued, practitioner registration and
electronic tracking of all medical [marijuana] cannabis as
required under this [act] part to include:
(i) Ensurance that medical [marijuana] cannabis is
not diverted or otherwise used for unlawful purposes by a
practitioner or medical [marijuana] cannabis
organization.
(ii) Ability to establish the authenticity of
identification cards.
(iii) Recording recommended forms of medical
[marijuana] cannabis provided in a certification filed by
the practitioner.
(iv) Monitoring all growth, transfer, possession,
processing, testing and dispensing of medical [marijuana]
cannabis in this Commonwealth.
(v) The tracking system under section 701 must
include information under section 801(a) and any other
information required by the department to be used by the
20200HB2050PN3417 - 16 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
department and dispensaries to enable a dispensary to
lawfully provide medical [marijuana] cannabis. The
tracking system and database shall be capable of
providing information in real time. The database shall be
capable of receiving information from a dispensary
regarding the disbursement of medical [marijuana]
cannabis to patients and caregivers. This information
shall be immediately accessible to the department and
other dispensaries to inhibit diversion and ensure
compliance with this [act] part.
(5) Maintain a directory of patients and caregivers
approved to use or assist in the administration of medical
[marijuana] cannabis within the department's database.
(6) Develop a four-hour training course for physicians,
pharmacists, certified registered nurse practitioners and
physician assistants regarding the latest scientific research
on medical [marijuana] cannabis, including the risks and
benefits of medical [marijuana] cannabis, and other
information deemed necessary by the department. Successful
completion of the course shall be approved as continuing
education credits as determined by:
(i) The State Board of Medicine and the State Board
of Osteopathic Medicine.
(ii) The State Board of Pharmacy.
(iii) The State Board of Nursing.
(7) Develop a two-hour course for the principals and
employees of a medical [marijuana] cannabis organization who
either have direct contact with patients or caregivers or who
physically handle medical [marijuana] cannabis. Employees
must successfully complete the course no later than 90 days
20200HB2050PN3417 - 17 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
after commencing employment. Principals must successfully
complete the course prior to commencing initial operation of
the medical [marijuana] cannabis organization. The subject
matter of the course shall include the following:
(i) Methods to recognize and report unauthorized
activity, including diversion of medical [marijuana]
cannabis for unlawful purposes and falsification of
identification cards.
(ii) Proper handling of medical [marijuana] cannabis
and recordkeeping.
(iii) Any other subject required by the department.
(8) [Develop enforcement procedures, including announced
and unannounced inspections of facilities of the
grower/processors and dispensaries and all records of the
medical marijuana organizations.] (Reserved).
(9) Establish a program to authorize the use of medical
[marijuana] cannabis to conduct medical research relating to
the use of medical [marijuana] cannabis to treat serious
medical conditions, including the collection of data and the
provision of research grants.
(10) Establish and maintain public outreach programs
about the medical [marijuana] cannabis program, including:
(i) A dedicated telephone number for patients,
caregivers and members of the public to obtain basic
information about the dispensing of medical [marijuana]
cannabis under this [act] part.
(ii) A publicly accessible Internet website with
similar information.
(11) Collaborate as necessary with other Commonwealth
agencies or contract with third parties as necessary to carry
20200HB2050PN3417 - 18 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
out the provisions of this [act] part.
(12) Determine the minimum number and type of medical
[marijuana] cannabis products to be produced by a
[grower/processor] processor and dispensed by a dispensary.
(13) Develop recordkeeping requirements for all books,
papers, any electronic database or tracking system data and
other information of a medical [marijuana] cannabis
organization. Information shall be retained for a minimum
period of four years unless otherwise provided by the
department.
(14) Restrict the advertising and marketing of medical
[marijuana] cannabis, which shall be consistent with the
Federal regulations governing prescription drug advertising
and marketing.
(b) Regulations.--The department shall promulgate all
regulations necessary to carry out the provisions of this [act]
part.
Section 302. Confidentiality and public disclosure.
* * *
(b) Public information.--The following records are public
records and shall be subject to the Right-to-Know Law:
(1) Applications for permits submitted by medical
[marijuana] cannabis organizations.
(2) The names, business addresses and medical
credentials of practitioners authorized to provide
certifications to patients to enable them to obtain and use
medical [marijuana] cannabis in this Commonwealth. All other
practitioner registration information shall be confidential
and exempt from public disclosure under the Right-to-Know
Law.
20200HB2050PN3417 - 19 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(3) Information relating to penalties or other
disciplinary actions taken against a medical [marijuana]
cannabis organization or practitioner by the department for
violation of this [act] part.
Section 303. Lawful use of medical [marijuana] cannabis.
(a) General rule.--Notwithstanding any provision of law to
the contrary, use or possession of medical [marijuana] cannabis
as set forth in this [act] part is lawful within this
Commonwealth.
(b) Requirements.--The lawful use of medical [marijuana]
cannabis is subject to the following:
(1) Medical [marijuana] cannabis may only be dispensed
to:
(i) a patient who receives a certification from a
practitioner and is in possession of a valid
identification card issued by the department; and
(ii) a caregiver who is in possession of a valid
identification card issued by the department.
(2) Subject to regulations promulgated under this [act]
part, medical [marijuana] cannabis may only be dispensed to a
patient or caregiver in the following forms:
(i) pill;
(ii) oil;
(iii) topical forms, including gels, creams or
ointments;
(iv) a form medically appropriate for administration
by vaporization or nebulization, excluding dry leaf or
plant form until dry leaf or plant forms become
acceptable under regulations adopted under section 1202;
(v) tincture; or
20200HB2050PN3417 - 20 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(vi) liquid.
(3) Unless otherwise provided in regulations adopted by
the department under section 1202, medical [marijuana]
cannabis may not be dispensed to a patient or a caregiver in
dry leaf or plant form.
(4) An individual may not act as a caregiver for more
than five patients.
(5) A patient may designate up to two caregivers at any
one time.
(6) Medical [marijuana] cannabis that has not been used
by the patient shall be kept in the original package in which
it was dispensed.
(7) A patient or caregiver shall possess an
identification card whenever the patient or caregiver is in
possession of medical [marijuana] cannabis.
(8) Products packaged by a [grower/processor] medical
cannabis processor or sold by a medical cannabis dispensary
shall only be identified by the name of the
[grower/processor] medical cannabis processor, the name of
the medical cannabis dispensary, the form and species of
medical [marijuana] cannabis, the percentage of
tetrahydrocannabinol and cannabinol contained in the product
and any other labeling required by the department.
Section 304. Unlawful use of medical [marijuana] cannabis.
(a) General rule.--Except as provided in section 303,
section 704, Chapter 19 or Chapter 20, the use of medical
[marijuana] cannabis is unlawful and shall, in addition to any
other penalty provided by law, be deemed a violation of the act
of April 14, 1972 (P.L.233, No.64), known as The Controlled
Substance, Drug, Device and Cosmetic Act.
20200HB2050PN3417 - 21 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(b) Unlawful use described.--It is unlawful to:
(1) Smoke medical [marijuana] cannabis.
(2) Except as provided under subsection (c), incorporate
medical [marijuana] cannabis into edible form.
(3) Grow medical [marijuana] cannabis unless the
[grower/processor] medical cannabis grower has received a
permit from the department under this [act] part.
(4) Grow or dispense medical [marijuana] cannabis unless
authorized as a health care medical [marijuana] cannabis
organization [under Chapter 19].
(5) Dispense medical [marijuana] cannabis unless the
medical cannabis dispensary has received a permit from the
department under this [act] part.
(c) Edible medical [marijuana] cannabis.--Nothing in this
[act] part shall be construed to preclude the incorporation of
medical [marijuana] cannabis into edible form by a patient or a
caregiver in order to aid ingestion of the medical [marijuana]
cannabis by the patient.
Section 401. Practitioner registration.
(a) Eligibility.--A physician included in the registry is
authorized to issue certifications to patients to use medical
[marijuana] cannabis. To be eligible for inclusion in the
registry:
* * *
(c) Practitioner requirements.--A practitioner included in
the registry shall have an ongoing responsibility to immediately
notify the department in writing if the practitioner knows or
has reason to know that any of the following is true with
respect to a patient for whom the practitioner has issued a
certification:
20200HB2050PN3417 - 22 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
* * *
(2) Medical [marijuana] cannabis would no longer be
therapeutic or palliative.
* * *
Section 402. Practitioner restrictions.
(a) Practices prohibited.--The following apply with respect
to practitioners:
(1) A practitioner may not accept, solicit or offer any
form of remuneration from or to a prospective patient,
patient, prospective caregiver, caregiver or medical
[marijuana] cannabis organization, including an employee,
financial backer or principal, to certify a patient, other
than accepting a fee for service with respect to the
examination of the prospective patient to determine if the
prospective patient should be issued a certification to use
medical [marijuana] cannabis.
(2) A practitioner may not hold a direct or economic
interest in a medical [marijuana] cannabis organization.
(3) A practitioner may not advertise the practitioner's
services as a practitioner who can certify a patient to
receive medical [marijuana] cannabis.
(b) Unprofessional conduct.--A practitioner who violates
subsection (a) shall not be permitted to issue certifications to
patients. The practitioner shall be removed from the registry.
(c) Discipline.--In addition to any other penalty that may
be imposed under this [act] part, a violation of subsection (a)
or section 403(e) shall be deemed unprofessional conduct under
section 41(8) of the act of December 20, 1985 (P.L.457, No.112),
known as the Medical Practice Act of 1985, or section 15(a)(8)
of the act of October 5, 1978 (P.L.1109, No.261), known as the
20200HB2050PN3417 - 23 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Osteopathic Medical Practice Act, and shall subject the
practitioner to discipline by the State Board of Medicine or the
State Board of Osteopathic Medicine, as appropriate.
Section 403. Issuance of certification.
(a) Conditions for issuance.--A certification to use medical
[marijuana] cannabis may be issued by a practitioner to a
patient if all of the following requirements are met:
* * *
(4) In the practitioner's professional opinion and
review of past treatments, the practitioner determines the
patient is likely to receive therapeutic or palliative
benefit from the use of medical [marijuana] cannabis.
(b) Contents.--The certification shall include:
* * *
(6) Any requirement or limitation concerning the
appropriate form of medical [marijuana] cannabis and
limitation on the duration of use, if applicable, including
whether the patient is terminally ill.
(c) Consultation.--A practitioner shall review the
prescription drug monitoring program prior to:
* * *
(2) Recommending a change of amount or form of medical
[marijuana] cannabis.
* * *
Section 405. Duration.
Receipt of medical [marijuana] cannabis by a patient or
caregiver from a medical cannabis dispensary may not exceed a
30-day supply of individual doses. During the last seven days of
any 30-day period during the term of the identification card, a
patient may obtain and possess a 30-day supply for the
20200HB2050PN3417 - 24 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
subsequent 30-day period. Additional 30-day supplies may be
provided in accordance with this section for the duration of the
authorized period of the identification card unless a shorter
period is indicated on the certification.
Section 501. Identification cards.
(a) Issuance.--The department may issue an identification
card to a patient who has a certification approved by the
department and to a caregiver designated by the patient. An
identification card issued to a patient shall authorize the
patient to obtain and use medical [marijuana] cannabis as
authorized by this [act] part. An identification card issued to
a caregiver shall authorize the caregiver to obtain medical
[marijuana] cannabis on behalf of the patient.
* * *
(i) Lost or defaced card.--In the event of a lost, stolen,
destroyed or illegible identification card, the patient or
caregiver shall apply to the department within 10 business days
of discovery of the loss or defacement of the card for a
replacement card. The application for a replacement card shall
be on a form furnished by the department and accompanied by a
$25 fee. The department may establish higher fees for issuance
of second and subsequent replacement identification cards. The
department may waive or reduce the fee in cases of demonstrated
financial hardship. The department shall issue a replacement
identification card as soon as practicable. A patient or
caregiver may not obtain medical [marijuana] cannabis until the
department issues the replacement card.
Section 502. Caregivers.
* * *
(b) Criminal history.--A caregiver shall submit fingerprints
20200HB2050PN3417 - 25 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
for the purpose of obtaining criminal history record checks, and
the Pennsylvania State Police or its authorized agent shall
submit the fingerprints to the Federal Bureau of Investigation
for the purpose of verifying the identity of the applicant and
obtaining a current record of any criminal arrests and
convictions. Any criminal history record information relating to
a caregiver obtained under this section by the department may be
interpreted and used by the department only to determine the
applicant's character, fitness and suitability to serve as a
caregiver under this [act] part. The department shall also
review the prescription drug monitoring program relating to the
caregiver. The department shall deny the application of a
caregiver who has been convicted of a criminal offense that
occurred within the past five years relating to the sale or
possession of drugs, narcotics or controlled substances. The
department may deny an application if the applicant has a
history of drug abuse or of diverting controlled substances or
illegal drugs.
Section 504. Special conditions.
The following apply:
(1) If the practitioner states in the certification
that, in the practitioner's professional opinion, the patient
would benefit from medical [marijuana] cannabis only until a
specified earlier date, [then] the identification card shall
expire on that date.
(2) If the certification so provides, the identification
card shall state any requirement or limitation by the
practitioner as to the form of medical [marijuana] cannabis
for the patient.
Section 508. Contents of identification card.
20200HB2050PN3417 - 26 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
An identification card shall contain the following:
* * *
(5) Any requirement or limitation set by the
practitioner as to the form of medical [marijuana] cannabis.
* * *
Section 509. Suspension.
If a patient or caregiver intentionally, knowingly or
recklessly violates any provision of this [act] part as
determined by the department, the identification card of the
patient or caregiver may be suspended or revoked. The suspension
or revocation shall be in addition to any criminal or other
penalty that may apply.
Section 510. Prohibitions.
The following prohibitions shall apply:
(1) A patient may not operate or be in physical control
of any of the following while under the influence with a
blood content of more than 10 nanograms of active
tetrahydrocannabis per milliliter of blood in serum:
(i) Chemicals which require a permit issued by the
Federal Government or a state government or an agency of
the Federal Government or a state government.
(ii) High-voltage electricity or any other public
utility.
(2) A patient may not perform any employment duties at
heights or in confined spaces, including, but not limited to,
mining while under the influence of medical [marijuana]
cannabis.
(3) A patient may be prohibited by an employer from
performing any task which the employer deems life-
threatening, to either the employee or any of the employees
20200HB2050PN3417 - 27 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
of the employer, while under the influence of medical
[marijuana] cannabis. The prohibition shall not be deemed an
adverse employment decision even if the prohibition results
in financial harm for the patient.
(4) A patient may be prohibited by an employer from
performing any duty which could result in a public health or
safety risk while under the influence of medical [marijuana]
cannabis. The prohibition shall not be deemed an adverse
employment decision even if the prohibition results in
financial harm for the patient.
CHAPTER 6
MEDICAL [MARIJUANA] CANNABIS ORGANIZATIONS
Section 601. Medical [marijuana] cannabis organizations.
The following entities shall be authorized to receive a
permit to operate as a medical [marijuana] cannabis organization
to grow, process or dispense medical [marijuana] cannabis:
[(1) Grower/processors.
(2) Dispensaries.] (1 ) Medical cannabis growers.
(2 ) Medical cannabis processors.
(3) Grower/processors.
(4 ) Medical cannabis dispensaries.
Section 602. Permits.
(a) Application.--An application for a [grower/processor or
dispensary permit] permit as a medical cannabis grower, medical
cannabis processor, grower/processor or medical cannabis
dispensary to grow, process or dispense medical [marijuana]
cannabis shall be in a form and manner prescribed by the
department and shall include:
(1) Verification of all principals, operators, financial
backers or employees of a medical [marijuana] cannabis
20200HB2050PN3417 - 28 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
grower, medical cannabis processor, grower/processor or
medical cannabis dispensary.
(2) A description of responsibilities as a principal,
operator, financial backer or employee.
(3) Any release necessary to obtain information from
governmental agencies, employers and other organizations.
(4) A criminal history record check. Medical [marijuana]
c annabis organizations applying for a permit shall submit
fingerprints of principals, financial backers, operators and
employees to the Pennsylvania State Police for the purpose of
obtaining criminal history record checks and the Pennsylvania
State Police or its authorized agent shall submit the
fingerprints to the Federal Bureau of Investigation for the
purpose of verifying the identity of the principals,
financial backers, operators and employees and obtaining a
current record of any criminal arrests and convictions. Any
criminal history record information relating to principals,
financial backers, operators and employees obtained under
this section by the department may be interpreted and used by
the department only to determine the principal's, financial
backer's, operator's and employee's character, fitness and
suitability to serve as a principal, financial backer,
operator and employee under this [act] part. This paragraph
shall not apply to an owner of securities in a publicly
traded corporation if the department determines that the
owner of the securities is not substantially involved in the
activities of the medical [marijuana] cannabis organization.
(5) Details relating to a similar license, permit or
other authorization obtained in another jurisdiction,
including any suspensions, revocations or discipline in that
20200HB2050PN3417 - 29 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
jurisdiction.
(6) A description of the business activities in which it
intends to engage as a medical [marijuana] cannabis
organization.
(7) A statement that the applicant:
(i) Is of good moral character. For purposes of this
subparagraph, an applicant shall include each financial
backer, operator, employee and principal of the medical
[marijuana] cannabis organization.
(ii) Possesses the ability to obtain in an
expeditious manner the right to use sufficient land,
buildings and other premises and equipment to properly
carry on the activity described in the application and
any proposed location for a facility.
(iii) Is able to maintain effective security and
control to prevent diversion, abuse and other illegal
conduct relating to medical [marijuana] cannabis.
(iv) Is able to comply with all applicable
Commonwealth laws and regulations relating to the
activities in which it intends to engage under this [act]
part.
(8) The name, residential address and title of each
financial backer and principal of the applicant. Each
individual, or lawful representative of a legal entity, shall
submit an affidavit with the application setting forth:
(i) Any position of management or ownership during
the preceding 10 years of a controlling interest in any
other business, located inside or outside this
Commonwealth, manufacturing or distributing controlled
substances.
20200HB2050PN3417 - 30 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(ii) Whether the person or business has been
convicted of a criminal offense graded higher than a
summary offense or has had a permit relating to medical
[marijuana] cannabis suspended or revoked in any
administrative or judicial proceeding.
(9) Any other information the department may require.
(a.1) Pennsylvania farms.--
(1) A medical cannabis grower may contract with a
Pennsylvania farm to use the land and buildings of the
Pennsylvania farm to grow medical cannabis. The applicant for
a medical cannabis grower shall include all applicable
information required under subsection (a) for the
Pennsylvania farm.
(2) A medical cannabis processor may contract with a
Pennsylvania farm to use the land and buildings of the
Pennsylvania farm to process medical cannabis. The applicant
for a medical cannabis processor shall include all applicable
information required under subsection (a) for the
Pennsylvania farm.
(3) A grower/processor may contract with a Pennsylvania
farm to use the land and buildings of the Pennsylvania farm
to grow and process medical cannabis. The applicant for a
grower/processor shall include all applicable information
required under subsection (a) for the Pennsylvania farm.
(4) Nothing in this subsection shall be construed to
classify a medical cannabis grower as a Pennsylvania farm
simply because the medical cannabis grower operates an area
of land and building used for growing medical cannabis.
(b) Notice.--An application shall include notice that a
false statement made in the application is punishable under the
20200HB2050PN3417 - 31 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
applicable provisions of 18 Pa.C.S. Ch. 49 (relating to
falsification and intimidation).
Section 603. Granting of permit.
(a) General rule.--The department may grant or deny a permit
to a medical cannabis grower, medical cannabis processor,
grower/processor or medical cannabis dispensary.
(a.1) Determination.--In making a decision under subsection
(a), the department shall determine that:
(1) The applicant will maintain effective control of and
prevent diversion of medical [marijuana] cannabis.
(2) The applicant will comply with all applicable laws
of this Commonwealth.
(3) The applicant is ready, willing and able to properly
carry on the activity for which a permit is sought.
(4) The applicant possesses the ability to obtain in an
expeditious manner sufficient land, buildings and equipment
to properly grow, process or dispense medical [marijuana]
cannabis.
(5) It is in the public interest to grant the permit.
(6) The applicant, including the financial backer or
principal, is of good moral character and has the financial
fitness necessary to operate.
(7) The applicant is able to implement and maintain
security, tracking, recordkeeping and surveillance systems
relating to the acquisition, possession, growth, manufacture,
sale, delivery, transportation, distribution or the
dispensing of medical [marijuana] cannabis as required by the
department.
(8) The applicant satisfies any other conditions as
determined by the department.
20200HB2050PN3417 - 32 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(b) Nontransferability.--A permit issued under this chapter
shall be nontransferable.
(c) Privilege.--The issuance or renewal of a permit shall be
a revocable privilege.
(d) Regions.--The department shall establish a minimum of
three regions within this Commonwealth for the purpose of
granting permits to medical cannabis growers, medical cannabis
processors, grower/processors and medical cannabis dispensaries
and enforcing this [act] part. The department shall approve
permits for medical cannabis growers, medical cannabis
processors, grower/processors and medical cannabis dispensaries
in a manner which will provide an adequate amount of medical
[marijuana] cannabis to patients and caregivers in all areas of
this Commonwealth. The department shall consider the following
when issuing a permit:
(1) Regional population.
(2) The number of patients suffering from serious
medical conditions.
(3) The types of serious medical conditions.
(4) Access to public transportation.
(5) Any other factor the department deems relevant.
Section 606. Application and issuance.
(a) Duty to report.--An applicant to be a medical cannabis
grower, medical cannabis processor, grower/processor or to
operate a medical cannabis dispensary is under a continuing duty
to:
(1) Report to the department any change in facts or
circumstances reflected in the application or any newly
discovered or occurring fact or circumstance which is
required to be included in the application, including a
20200HB2050PN3417 - 33 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
change in control of the medical [marijuana] cannabis
organization.
(2) Report to law enforcement, within 24 hours, any loss
or theft of medical [marijuana] cannabis.
(3) Submit to announced or unannounced inspections by
the department of the facilities for growing, processing,
dispensing or selling medical [marijuana] cannabis, including
all records of the organization.
(b) Additional information.--If the department is not
satisfied that the applicant should be issued a permit, the
department shall notify the applicant in writing of the factors
for which further documentation is required. Within 30 days of
the receipt of the notification, the applicant may submit
additional material to the department.
Section 607. Fees and other requirements.
The following apply:
(1) For a grower/processor:
(i) An initial application fee in the amount of
[$10,000] $1,500 shall be paid. The fee is nonrefundable.
(ii) A fee for a permit as a grower/processor in the
amount of [$200,000] $10,000 shall be paid. The permit
shall be valid for one year. Applicants shall submit the
permit fee at the time of submission of the application.
The fee shall be returned if the permit is not granted.
(iii) A renewal fee for the permit as a
grower/processor in the amount of [$10,000] $5,000 shall
be paid and shall cover renewal for all locations. The
renewal fee shall be returned if the renewal is not
granted.
(iv) An application to renew a permit must be filed
20200HB2050PN3417 - 34 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
with the department not more than six months nor less
than four months prior to expiration.
(v) All fees shall be paid by certified check or
money order.
[(vi) Before issuing an initial permit under this
paragraph, the department shall verify that the applicant
has at least $2,000,000 in capital, $500,000 of which
must be on deposit with a financial institution.]
(2) For a medical cannabis dispensary:
(i) An initial application fee in the amount of
$5,000 shall be paid. The fee is nonrefundable.
(ii) A permit fee for a medical cannabis dispensary
shall be $30,000 for each location. The period of the
permit is one year. An applicant shall submit the permit
fee at the time of submission of the application. The fee
shall be returned if the application is not granted.
(iii) A renewal fee for the permit as a medical
cannabis dispensary in the amount of $5,000 shall be
paid. The fee shall be returned if the renewal is not
granted and shall cover renewal for all locations.
(iv) An application to renew a permit must be filed
with the department not more than six months nor less
than four months prior to expiration.
(v) All fees shall be paid by certified check or
money order.
[(vi) Before issuing an initial permit under this
paragraph, the department shall verify that the applicant
has at least $150,000 in capital, which must be on
deposit with a financial institution.]
(2.1) For a medical cannabis grower:
20200HB2050PN3417 - 35 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(i) An initial application fee in the amount of $750
shall be paid. The fee is nonrefundable.
(ii) A fee for a permit as a medical cannabis grower
in the amount of $5,000 shall be paid. The permit shall
be valid for one year. Applicants shall submit the permit
fee at the time of submission of the application. The fee
shall be returned if the permit is not granted.
(iii) A renewal fee for the permit as a medical
cannabis grower in the amount of $2,500 shall be paid and
shall cover renewal for all locations. The renewal fee
shall be returned if the renewal is not granted.
(iv) An application to renew a permit must be filed
with the department not more than six months nor less
than four months prior to expiration.
(v) All fees shall be paid by certified check or
money order.
(2.2) For a medical cannabis processor:
(i) An initial application fee in the amount of $750
shall be paid. The fee is nonrefundable.
(ii) A fee for a permit as a medical cannabis
processor in the amount of $5,000 shall be paid. The
permit shall be valid for one year. Applicants shall
submit the permit fee at the time of submission of the
application. The fee shall be returned if the permit is
not granted.
(iii) A renewal fee for the permit as a medical
cannabis processor in the amount of $2,500 shall be paid
and shall cover renewal for all locations. The renewal
fee shall be returned if the renewal is not granted.
(iv) An application to renew a permit must be filed
20200HB2050PN3417 - 36 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
with the department not more than six months nor less
th an four months prior to expiration.
(v) All fees shall be paid by certified check or
money order.
(3) A fee of $250 shall be required when amending the
application to indicate relocation within this Commonwealth
or the addition or deletion of approved activities by the
medical [marijuana] cannabis organization.
(4) Fees payable under this section shall be deposited
into the fund.
Section 608. Issuance.
A permit issued by the department to a medical [marijuana]
cannabis organization shall be effective only for that
organization and shall specify the following:
(1) The name and address of the medical [marijuana]
cannabis organization.
(2) The activities of the medical [marijuana] cannabis
organization permitted under this [act] part.
(3) The land, buildings, facilities or location to be
used by the medical [marijuana] cannabis organization.
(4) Any other information required by the department.
Section 609. Relocation.
The department may approve an application from a medical
[marijuana] cannabis organization to relocate within this
Commonwealth or to add or delete activities or facilities.
Section 610. Terms of permit.
A permit issued by the department under this part shall be
valid for one year from the date of issuance.
Section 612. Permit renewals.
(a) Renewal.--An application for renewal shall include the
20200HB2050PN3417 - 37 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
following information:
(1) Any material change in the information provided by
the medical [marijuana] cannabis organization in a prior
application or renewal of a permit.
(2) Any charge or initiated, pending or concluded
investigation, during the period of the permit, by any
governmental or administrative agency with respect to:
(i) any incident involving the theft, loss or
possible diversion of medical [marijuana] cannabis grown,
processed or dispensed by the applicant; and
(ii) compliance by the applicant with the laws of
this Commonwealth with respect to any substance listed in
section 4 of the act of April 14, 1972 (P.L.233, No.64),
known as The Controlled Substance, Drug, Device and
Cosmetic Act.
(b) Approval.--The department shall renew a permit unless
the department determines that:
(1) The applicant is unlikely to maintain or be able to
maintain effective control against diversion of medical
[marijuana] cannabis.
(2) The applicant is unlikely to comply with all laws of
this Commonwealth applicable to the activities in which it
may engage under the permit.
(c) Nonrenewal decision.--The denial or nonrenewal shall
specify in detail how the applicant has not satisfied the
department's requirements for renewal. Within 30 days of the
department's decision, the applicant may submit additional
material to the department or demand a hearing, or both. If a
hearing is demanded, the department shall fix a date as soon as
practicable.
20200HB2050PN3417 - 38 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Section 613. Suspension or revocation.
The department may suspend or revoke a medical [marijuana]
cannabis organization permit if:
(1) The department has evidence that the medical
[marijuana] cannabis organization has failed to maintain
effective control against diversion of medical [marijuana]
cannabis.
(2) The medical cannabis organization violates any
provision of this [act] part or a regulation of the
department.
(3) The medical cannabis organization has intentionally,
knowingly, recklessly or negligently failed to comply with
applicable laws of this Commonwealth relating to medical
[marijuana] cannabis.
Section 614. Convictions prohibited.
The following individuals may not hold volunteer positions or
positions with remuneration in or be affiliated with a medical
[marijuana] cannabis organization, including a clinical
registrant under Chapter 20, in any way if the individual has
been convicted of any criminal offense related to the sale or
possession of illegal drugs, narcotics or controlled substances:
(1) Financial backers.
(2) Principals.
(3) Employees.
Section 615. Diversity goals.
(a) Goals.--It is the intent and goal of the General
Assembly that the department promote diversity and the
participation by diverse groups in the activities authorized
under this [act] part. In order to further this goal, the
department shall adopt and implement policies ensuring the
20200HB2050PN3417 - 39 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
following:
(1) That diverse groups are accorded equal opportunity
in the permitting process.
(2) That permittees promote the participation of diverse
groups in their operations by affording equal access to
employment opportunities.
(b) Duties of department.--To facilitate participation by
diverse groups in the activities authorized under this [act]
part, the department shall:
(1) Conduct necessary and appropriate outreach
including, if necessary, consulting with other Commonwealth
agencies to identify diverse groups who may qualify for
participation in activities under this [act] part.
(2) Provide sufficient and continuous notice of the
participation opportunities afforded under this [act] part by
publishing notice on the department's publicly accessible
Internet website.
(3) Include in the applications for permit under this
[act] part language to encourage applicants to utilize and
give consideration to diverse groups for contracting or
professional services opportunities.
(c) Reports.--No later than March 1, 2018, and each March 1
thereafter, the department shall submit a report to the
chairperson and minority chairperson of the [Public Health and
Welfare] Health and Human Services Committee of the Senate and
the chairperson and minority chairperson of the Health Committee
of the House of Representatives summarizing the participation
and utilization of diverse groups in the activities authorized
under this [act] part. The report shall include:
(1) The participation level, by percentage, of diverse
20200HB2050PN3417 - 40 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
groups in the activities authorized under this [act] part.
(2) A summary of how diverse groups are utilized by
permittees, including in the provision of goods or services.
(3) Any other information the department deems
appropriate.
(d) Definitions.--The following words and phrases when used
in this section shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Disadvantaged business." As defined in 74 Pa.C.S. § 303(b)
(relating to diverse business participation).
"Diverse group." A disadvantaged business, minority-owned
business, women-owned business, service-disabled veteran-owned
small business or veteran-owned small business that has been
certified by a third-party certifying organization.
"Minority-owned business." As defined in 74 Pa.C.S. §
303(b).
"Service-disabled veteran-owned small business." As defined
in 51 Pa.C.S. § 9601 (relating to definitions).
"Third-party certifying organization." As defined in 74
Pa.C.S. § 303(b).
"Veteran-owned small business." As defined in 51 Pa.C.S. §
9601.
"Women-owned business." As defined in 74 Pa.C.S. § 303(b).
Section 616. Limitations on permits.
The following limitations apply to approval of permits for
medical cannabis growers, medical cannabis process ors,
grower/processors and medical cannabis dispensaries:
(1) The department may not initially issue permits to
more than 25 [growers/processors] grower/processors.
(1.1) The department may not initially issue permits to
20200HB2050PN3417 - 41 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
more than 25 medical cannabis grower s.
(1.2) The department may not initially issue permits to
more than 25 medical cannabis process ors.
(2) The department may not initially issue permits to
more than 50 medical cannabis dispensaries. Each medical
cannabis dispensary may provide medical [marijuana] cannabis
at no more than three separate locations.
(3) The department may not issue more than five
individual medical cannabis dispensary permits to one person.
(4) The department may not issue more than one
individual [grower/processor] medical cannabis grower permit
to one person.
(4.1) The department may not issue more than one
individual medical cannabis process or permit to one person.
(5) No more than five grower/processors may be issued
permits as medical cannabis dispensaries. If the number of
[growers/processors] grower/processors is increased under
section 1202, no more than 20% of the total number of
[growers/processors] medical cannabis growers or medical
cannabis processors may also be issued permits as medical
cannabis dispensaries.
(6) A medical cannabis dispensary may only obtain
medical [marijuana] cannabis from a medical cannabis grower ,
medical cannabis process or or grower/processor holding a
valid permit under this [act] part.
(7) A medical cannabis grower , medical cannabis
process or or grower/processor may only provide medical
[marijuana] cannabis to a medical cannabis dispensary holding
a valid permit under this [act] part.
CHAPTER 7
20200HB2050PN3417 - 42 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
MEDICAL [MARIJUANA] CANNABIS CONTROLS
Section 701. Electronic tracking.
(a) Requirement.--A medical cannabis grower , medical
cannabis processor , grower/processor or medical cannabis
dispensary must implement an electronic inventory tracking
system which shall be directly accessible to the department
through its electronic database that electronically tracks all
medical [marijuana] cannabis on a daily basis. The system shall
include tracking of all of the following:
(1) For a medical cannabis grower , medical cannabis
processor or grower/processor, a seed-to-sale tracking system
that tracks the medical [marijuana] cannabis from seed to
plant until the medical [marijuana] cannabis is sold to a
medical cannabis dispensary.
(2) For a medical cannabis dispensary, medical
[marijuana] cannabis from purchase from the medical cannabis
grower , medical cannabis processor or grower/processor to
sale to a patient or caregiver and that includes information
that verifies the validity of an identification card
presented by the patient or caregiver.
(3) For a medical cannabis grower , medical cannabis
processor or grower/processor and a medical cannabis
dispensary, a daily log of each day's beginning inventory,
acquisitions, amounts purchased and sold, disbursements,
disposals and ending inventory. The tracking system shall
include prices paid and amounts collected from patients and
caregivers.
(4) For a medical cannabis grower , medical cannabis
processor or grower/processor and a medical cannabis
dispensary, a system for recall of defective medical
20200HB2050PN3417 - 43 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
[marijuana] cannabis.
(5) For a medical cannabis grower , medical cannabis
processor or grower/processor and a medical cannabis
dispensary, a system to track the plant waste resulting from
the growth of medical [marijuana] cannabis or other disposal,
including the name and address of any disposal service.
(b) Additional requirements.--In addition to the information
under subsection (a), each medical [marijuana] cannabis
organization shall track the following:
(1) Security and surveillance.
(2) Recordkeeping and record retention.
(3) The acquisition, possession, growing and processing
of medical [marijuana] cannabis.
(4) Delivery and transportation, including amounts and
method of delivery.
(5) Dispensing, including amounts, pricing and amounts
collected from patients and caregivers.
(c) Access.--Information maintained in electronic tracking
systems under subsection (a) shall be confidential and not
subject to the act of February 14, 2008 (P.L.6, No.3), known as
the Right-to-Know Law.
(d) Reports.--Within one year of the issuance of the first
permit to a medical cannabis grower , medical cannabis processor ,
grower/processor or medical cannabis dispensary, and every three
months thereafter in a form and manner prescribed by the
department, the following information shall be provided to the
department, which shall compile the information and post it on
the department's publicly accessible Internet website:
(1) The amount of medical [marijuana] cannabis sold by a
medical cannabis grower , medical cannabis processor or
20200HB2050PN3417 - 44 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
grower/processor during each three-month period.
(2) The price of amounts of medical [marijuana] cannabis
sold by grower/processors as determined by the department.
(3) The amount of medical [marijuana] cannabis purchased
by each medical cannabis dispensary in this Commonwealth.
(4) The cost of amounts of medical [marijuana] cannabis
to each medical cannabis dispensary in amounts as determined
by the department.
(5) The total amount and dollar value of medical
[marijuana] cannabis sold by each medical cannabis dispensary
in the three-month period.
Section 702. [Grower/processors] M edical cannabis g rowers,
medical cannabis processor s or grower/processors .
(a) Authorization.--Subject to subsection (b), a medical
cannabis grower , medical cannabis processor or grower/processor
may do all of the following in accordance with department
regulations:
(1) Obtain seed from outside this Commonwealth to
initially grow medical [marijuana] cannabis.
(2) Obtain seed and plant material from another medical
cannabis grower , medical cannabis processor or
grower/processor within this Commonwealth to grow medical
[marijuana] cannabis.
(b) Limitations.--
[(1)] A medical cannabis grower , medical cannabis
processor or grower/processor may only grow, store, harvest
or process medical [marijuana] cannabis in an indoor,
enclosed, secure facility which:
[(i)] (1) includes electronic locking systems,
electronic surveillance and other features required by the
20200HB2050PN3417 - 45 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
department; and
[(ii)] (2) is located within this Commonwealth.
[(2) (Reserved).]
Section 703. Storage and transportation.
The department shall develop regulations relating to the
storage and transportation of medical [marijuana] cannabis among
medical cannabis grower s, medical cannabis processor s or
grower/processors, testing laboratories and medical cannabis
dispensaries which ensure adequate security to guard against in-
transit losses. The tracking system developed by the department
shall include all transportation and storage of medical
[marijuana] cannabis. The regulations shall provide for the
following:
* * *
(7) Recordkeeping for delivery and receipt of medical
[marijuana] cannabis products.
* * *
(9) Transporting medical [marijuana] cannabis to a
medical cannabis grower , medical cannabis processor or
grower/processor, approved laboratory or medical cannabis
dispensary.
Section 704. Laboratory.
A medical cannabis grower , medical cannabis processor or
grower/processor shall contract with an independent laboratory
to test the medical [marijuana] cannabis produced by the medical
cannabis grower , medical cannabis processor or grower/processor.
The department shall approve the laboratory and require that the
laboratory report testing results in a manner as the department
shall determine, including requiring a test at harvest and a
test at final processing. The possession by a laboratory of
20200HB2050PN3417 - 46 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
medical [marijuana] cannabis shall be a lawful use.
Section 705. Prices.
The department and the Department of Revenue shall monitor
the price of medical [marijuana] cannabis sold by medical
cannabis grower s, medical cannabis processor s or
grower/processors and by medical cannabis dispensaries,
including a per-dose price. If the department and the Department
of Revenue determine that the prices are unreasonable or
excessive, the department may implement a cap on the price of
medical [marijuana] cannabis being sold for a period of six
months. The cap may be amended during the six-month period. If
the department and the Department of Revenue determine that the
prices become unreasonable or excessive following the expiration
of a six-month cap, additional caps may be imposed for periods
not to exceed six months.
Section 801. Dispensing to patients and caregivers.
(a) General rule.--A medical cannabis dispensary that has
been issued a permit under Chapter 6 may lawfully dispense
medical [marijuana] cannabis to a patient or caregiver upon
presentation to the medical cannabis dispensary of a valid
identification card for that patient or caregiver. The medical
cannabis dispensary shall provide to the patient or caregiver a
receipt, as appropriate. The receipt shall include all of the
following:
(1) The name, address and any identification number
assigned to the medical cannabis dispensary by the
department.
(2) The name and address of the patient and caregiver.
(3) The date the medical [marijuana] cannabis was
dispensed.
20200HB2050PN3417 - 47 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(4) Any requirement or limitation by the practitioner as
to the form of medical [marijuana] cannabis for the patient.
(5) The form and the quantity of medical [marijuana]
cannabis dispensed.
(b) Requirements.--A medical cannabis dispensary shall have
a physician or a pharmacist onsite at all times during the hours
the medical cannabis dispensary is open to receive patients and
caregivers. If a medical cannabis dispensary has more than one
separate location, a physician assistant or a certified
registered nurse practitioner may be onsite at each of the other
locations in lieu of the physician or pharmacist. A physician, a
pharmacist, a physician assistant or a certified registered
nurse practitioner shall, prior to assuming duties under this
paragraph, successfully complete the course established in
section 301(a)(6). A physician may not issue a certification to
authorize patients to receive medical [marijuana] cannabis or
otherwise treat patients at the medical cannabis dispensary.
(c) Filing with department.--Prior to dispensing medical
[marijuana] cannabis to a patient or caregiver, the medical
cannabis dispensary shall file the receipt information with the
department utilizing the electronic tracking system. When filing
receipts under this subsection, the medical cannabis dispensary
shall dispose of any electronically recorded certification
information as provided by regulation.
(d) Limitations.--No medical cannabis dispensary may
dispense to a patient or caregiver:
(1) a quantity of medical [marijuana] cannabis greater
than that which the patient or caregiver is permitted to
possess under the certification; or
(2) a form of medical [marijuana] cannabis prohibited by
20200HB2050PN3417 - 48 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
this [act] part.
(e) Supply.--When dispensing medical [marijuana] cannabis to
a patient or caregiver, the medical cannabis dispensary may not
dispense an amount greater than a 30-day supply until the
patient has exhausted all but a seven-day supply provided
pursuant to a previously issued certification until additional
certification is presented under section 405.
(f) Verification.--Prior to dispensing medical [marijuana]
cannabis to a patient or caregiver, the medical cannabis
dispensary shall verify the information in subsections (e) and
(g) by consulting the electronic tracking system included in the
department's electronic database established under section
301(a)(4)(v) and the medical cannabis dispensary tracking system
under section 701(a)(2).
(g) Form of medical [marijuana] cannabis.--Medical
[marijuana] cannabis dispensed to a patient or caregiver by a
medical cannabis dispensary shall conform to any requirement or
limitation set by the practitioner as to the form of medical
[marijuana] cannabis for the patient.
(h) Safety insert.--When a medical cannabis dispensary
dispenses medical [marijuana] cannabis to a patient or
caregiver, the medical cannabis dispensary shall provide to that
patient or caregiver, as appropriate, a safety insert. The
insert shall be developed and approved by the department. The
insert shall provide the following information:
(1) Lawful methods for administering medical [marijuana]
cannabis in individual doses.
(2) Any potential dangers stemming from the use of
medical [marijuana] cannabis.
(3) How to recognize what may be problematic usage of
20200HB2050PN3417 - 49 -
1
2
3
4
5
6
7
8