PRINTER'S NO. 2224
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1948
Session of
2021
INTRODUCED BY KENYATTA, KINSEY, HOHENSTEIN, HILL-EVANS, MADDEN,
SIMS, SANCHEZ AND ROWE, OCTOBER 4, 2021
REFERRED TO COMMITTEE ON HEALTH, OCTOBER 4, 2021
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," in preliminary
provisions, further providing for definitions; and, in
patients, further providing for caregivers and for minors.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 103 of the act of April 17, 2016 (P.L.84,
No.16), known as the Medical Marijuana Act, is amended by adding
definitions to read:
Section 103. 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:
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"Charter school." An independent public school established
and operated under a charter from a local board of school
directors and in which students are enrolled or attend, which
conforms to the requirements of Article XVII-A of the act of
March 10, 1949 (P.L.30, No.14), known as the Public School Code
of 1949.
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"School nurse." A licensed registered nurse properly
certificated by the Secretary of Education as a school nurse who
is employed by a school district, charter school or joint school
board as a school nurse or is employed in providing school nurse
services to children of school age by a county health unit or a
department or board of health of any municipality with which a
school district or joint school board has contracted for school
health services under section 1411 of the Public School Code of
1949.
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Section 2. Sections 502(a)(2) and 506 of the act are amended
to read:
Section 502. Caregivers.
(a) Requirements.--
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(2) The application shall be accompanied by a fee of
$50. The department may waive or reduce the fee in cases of
demonstrated financial hardship. The fee may not apply for a
school nurse acting as a caregiver under section 506(3).
* * *
Section 506. Minors.
If a patient is under 18 years of age, the following shall
apply:
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(1) The patient shall have a primary caregiver.
(2) A primary caregiver must be one of the following:
(i) A parent or legal guardian of the patient.
(ii) An individual designated by a parent or legal
guardian.
(iii) An appropriate individual approved by the
department upon a sufficient showing that no parent or
legal guardian is appropriate or available.
(3) In addition to the primary caregiver, a patient may
also have as a caregiver a school nurse for the purposes of
administering medical marijuana to the patient while the
patient attends school at a school district or charter
school.
Section 3. This act shall take effect in 60 days.
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