See other bills
under the
same topic
PRINTER'S NO. 2891
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2210
Session of
2024
INTRODUCED BY A. BROWN, GIRAL, HILL-EVANS, BURGOS, PROBST AND
CERRATO, APRIL 9, 2024
REFERRED TO COMMITTEE ON HEALTH, APRIL 9, 2024
AN ACT
Amending Titles 35 (Health and Safety) and 75 (Vehicles) of the
Pennsylvania Consolidated Statutes, providing for adult use
cannabis; regulating the personal use and possession of
cannabis; establishing the Cannabis Regulatory Control Board;
providing for powers and duties of the Cannabis Regulatory
Control Board; establishing the Cannabis Business Development
Fund; providing for social and economic equity, for
regulation of cannabis business establishments, for
enforcement and immunities, for laboratory testing, for
advertising, marketing, packaging and labeling and for
preparation, destruction and regulation of cannabis and
cannabis-infused edible and nonedible products; imposing a
sales tax and excise tax on cannabis and cannabis-infused
edible and nonedible products; establishing the Cannabis
Regulation Fund; providing for cannabis clean slate and for
miscellaneous provisions; imposing penalties; consolidating
provisions relating to medical marijuana; transferring
certain powers and duties of the Department of Health to the
Cannabis Regulatory Control Board; in driving after imbibing
alcohol or utilizing drugs, further providing for driving
under influence of alcohol or controlled substance and for
authorized use not a defense; and making repeals.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 35 of the Pennsylvania Consolidated
Statutes is amended by adding a part to read:
PART VII
CANNABIS
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Chapter
91. Adult Use of Cannabis
93. Medical Marijuana
CHAPTER 91
ADULT USE OF CANNABIS
Subchapter
A. Preliminary Provisions
B. Lawful Use and Authority
C. Personal Use of Cannabis
D. Cannabis Regulatory Control Board
E. Social and Economic Equity
F. Regulation of Cannabis Business Establishments
G. Enforcement and Immunities
H. Laboratory Testing
I. Advertising, Marketing, Packaging and Labeling
J. Preparation, D estruction and Regulation of Cannabis and
Cannabis-Infused Edible and Nonedible Products
K. Taxes
L. Cannabis Clean Slate
M. Miscellaneous Provisions
SUBCHAPTER A
PRELIMINARY PROVISIONS
Sec.
9101. Scope of chapter.
9102. Definitions.
§ 9101. Scope of chapter.
This chapter relates to the adult use of marijuana in this
Commonwealth.
§ 9102. 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:
"Adult use." Cannabis that can be purchased and consumed by
an individual 21 years of age and older .
"Adult use cultivation center." A facility operated by an
organization or business that is permitted by the board to
cultivate, process, transport and perform other necessary
activities to provide cannabis and cannabis-infused edible and
nonedible products to cannabis business establishments.
"Adult use cultivation center permit." A permit issued by
the board that permits an entity to act as a cultivation and
processing center under this chapter or any regulation
promulgated in accordance with this chapter and permits the
entity to offer home delivery services where cannabis and
cannabis-infused edible and nonedible products, as approved by
the board, are delivered directly to a purchaser or patient.
"Advertise." To engage in promotional activities, including
through newspaper, radio, Internet and electronic media and
television advertising. The term includes the distribution of
fliers and circulars, billboard advertising and the display of
window signs. The term does not include interior dispensary
signage or exterior signage displaying the name of the permitted
cannabis business establishment.
"Agent" or "cannabis business establishment agent." A
principal officer, board member, employee or other agent of a
cannabis business establishment who is 21 years of age or older.
"Applicant." An individual or entity applying for a permit
under this chapter.
"Board." The Cannabis Regulatory Control Board established
under Subchapter D (relating to Cannabis Regulatory Control
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Board).
"Cannabis." As follows:
(1) Any of the following:
(i) Marijuana, hashish or other substances that are
identified as including any parts of the plant Cannabis
sativa and including derivatives or subspecies, such as
indica, of all strains of cannabis, whether growing or
not, including the seeds, resin extracted from any part
of the plant and any compound, manufacture, salt,
derivative, mixture or preparation of the plant. The term
includes THC and all other naturally produced cannabinol
derivatives, whether produced directly or indirectly by
extraction, including, delta-7 THC, delta-8 THC, delta-9
THC or any structural, optical or geometric isomers of
tetrahydrocannabinol, cannabis flower, concentrate and
cannabis-infused edible and nonedible products.
(ii) A product intended for human consumption with a
THC concentration, however derived, greater than the
allowable THC limit specified in this part.
(2) The term does not include the mature stalks of the
plant, fiber produced from the stalks, oil or cake made from
the seeds of the plant or any other compound, manufacture,
salt, derivative, mixture or preparation of the mature
stalks, the sterilized seed of the plant that is incapable of
germination or industrial hemp as defined in 3 Pa.C.S. § 702
(relating to definitions).
"Cannabis business establishment." An individual or entity
holding a permit issued by the board to cultivate, process,
dispense, infuse or transport cannabis, including a dispensing
organization, adult use cultivation center, social and economic
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equity dispensing organization charter permit holder or micro
cultivation center.
"Cannabis business establishment agent identification card"
or "agent identification card." An identification card held by
an authorized agent of a dispensing organization, social and
economic equity dispensing organization charter permit holder,
micro cultivation center or adult use cultivation center.
"Cannabis concentrate." A product derived from cannabis that
is produced by extracting cannabinoids, including THC, with the
intended use of smoking, vaping or making a cannabis-infused
edible and nonedible product. The term includes a product
derived from cannabis that is produced by means of heat and
pressure or mechanical separations.
"Cannabis flower." Marijuana, hashish or other substances
identified as including any parts of the plant Cannabis sativa
and including derivatives or subspecies, such as indica, of all
strains of cannabis, including raw kief, leaves and buds. The
term does not include resin that has been extracted from any
part of the plant or any compound, manufacture, salt,
derivative, mixture or preparation of the plant, the plant's
seeds or resin.
"Cannabis-infused edible product." A product meant to be
chewed, dissolved, taken sublingually or swallowed. The term
includes liquids, including beverages, food, oil, tincture,
capsule, tablet, gummies or other ingestible forms containing
cannabis or cannabis concentrate that are not intended to be
smoked or otherwise inhaled.
"Cannabis-infused nonedible product." A product meant to be
used topically or otherwise not intended to be ingested. The
term includes gels, creams, patches or ointments containing
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cannabis or cannabis concentrate.
"Cannabis paraphernalia." Any equipment, product or material
of any kind which is primarily intended or designed for any of
the following:
(1) Use in vaporizing, ingesting, inhaling or otherwise
introducing a cannabis-infused edible and nonedible product
into the human body.
(2) Preparing, storing or containing cannabis.
"Cannabis seed-to-sale tracking system" or "seed-to-sale
tracking system." A system designated by the board as the
system of record or a secondary electronic tracking system used
by a cannabis business establishment or testing laboratory that
meets all of the following criteria:
(1) The system captures everything that happens to a
cannabis plant from seed and cultivation through the growth,
harvest and manufacturing of cannabis and cannabis-infused
edible and nonedible products, including testing and
transportation, to final sale.
(2) The system uses unique-plant identification and
unique-batch identification.
(3) The system has the ability to track the involvement
of an agent or permittee with cannabis and cannabis-infused
edible and nonedible products.
(4) The system is integrated with a secondary system
used by a cannabis business establishment or a cannabis
testing facility, if applicable, in a form and manner
determined by the board.
(5) The system allows for two-way communication,
automation and a secure application-programming interface
with a cannabis business establishment's enterprise resource
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planning, inventory, accounting and point-of-sale software.
(6) The system includes a secure application program
interface capable of accessing all data required to be
transmitted to the board to ensure compliance with the
operational reporting requirements specified under this
chapter or Chapter 93 (relating to medical marijuana) and any
regulations promulgated by the board.
"Cannabis testing facility." An entity registered by the
board to test cannabis for potency and contaminants.
"Charter agreement." An agreement between a social and
economic equity applicant and a dispensing organization in which
the dispensing organization agrees to provide financial,
mentorship, training, operational and other support to the
social and economic equity applicant.
"Clone." A plant section from a female cannabis plant not
yet root-bound, growing in a water solution or other propagation
matrix, that can develop into a new plant.
"Curbside." The transfer or dispensing of cannabis or a
cannabis-infused edible and nonedible product by an employee of
a cannabis business establishment to a vehicle located in the
parking area or to an individual at the entrance of the
facility.
"Dispensing organization" or "adult use dispensing
organization." An organization, including a person, that meets
all of the following criteria:
(1) The organization is permitted by the board to
acquire cannabis from an adult use cultivation center or
micro cultivation center or other dispensary for the purpose
of selling or dispensing cannabis, cannabis concentrates,
cannabis-infused edible and nonedible products, cannabis
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seeds, paraphernalia or related supplies to purchasers under
this chapter or to patients and caregivers under Chapter 93.
(2) The organization is a dual-use dispensary and
authorized or permitted by the board to dispense medical
marijuana under Chapter 93.
(3) The organization complies with provisions of Chapter
93.
"Dispensing organization permit." A permit issued by the
board that allows a person to act as a dispensing organization
under this chapter or any regulation promulgated in accordance
with this chapter and Chapter 93.
"Disproportionately impacted area." A census tract that
satisfies the criteria determined by the board and that meets at
least one of the following criteria:
(1) The area has a poverty rate of at least 20%
according to the most recent Federal decennial census.
(2) Seventy-five percent or more of the children in the
area participate in the National School Lunch Program
according to reported statistics from the State Board of
Education.
(3) At least 20% of the households in the area receive
assistance under the Supplemental Nutrition Assistance
Program.
(4) The area has an average unemployment rate, as
determined by the Department of Labor and Industry, that is
more than 120% of the national unemployment average as
determined by the United States Department of Labor for a
period of at least 12 consecutive calendar months preceding
the date of the application for a permit under this chapter
and has a high rate of arrest, conviction and incarceration
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related to the sale, possession, use, cultivation,
manufacture or transport of cannabis.
"Enclosed, locked facility." A room, greenhouse, building or
other enclosed area equipped with locks or other security
devices that permit access only to cannabis business
establishment agents working for the permitted cannabis business
establishment or acting under this chapter to cultivate,
process, store or distribute cannabis.
"Enclosed, locked space." Space within a facility, building
or other enclosed area equipped with locks or other security
devices that permit access only to authorized individuals under
this chapter.
"Financial institution." As defined in section 3003.22(r) of
the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform
Code of 1971.
"Flowering stage." The stage of cultivation where and when a
cannabis plant is cultivated to produce plant material for a
cannabis-infused edible and nonedible product. The term includes
mature plants if any of the following apply:
(1) More than two stigmas are visible at each internode
of the plant.
(2) The cannabis plant is in an area that has been
intentionally deprived of light for a period of time intended
to produce flower buds and induce maturation, from the moment
the light deprivation began through the remainder of the
cannabis plant growth cycle.
"Limited access area." A room or other area under the
control of a dispensing organization where cannabis sales occur
with access limited to individuals who are 21 years of age or
older and qualified patients and caregivers or other individuals
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as determined by the board's regulations.
"Medical marijuana grower/processor." The term shall have
the same meaning as grower/processor as defined in section 9303
(relating to definitions).
"Medical marijuana organization." As defined in section
9303.
"Member of an impacted family." An individual who has a
parent, legal guardian, child, spouse or dependent or was a
dependent of an individual who, prior to the effective date of
this definition, was arrested for, convicted of or adjudicated
delinquent for any offense that is eligible for expungement
under section 9199.11(b) (relating to cannabis clean slate).
"Micro cultivation center." A facility operated by an
individual or entity that is permitted to cultivate, dry, cure
and package cannabis and perform other necessary activities to
make cannabis available for sale at a dispensing organization.
"Micro cultivation center permit." An authorization issued
by the board to an individual or entity to conduct activities
of a micro cultivation center under this chapter.
"Minority-owned business." As defined in 74 Pa.C.S. § 303(b)
(relating to diverse business participation).
"Nonvertically integrated medical marijuana
grower/processor." A permitted medical marijuana
grower/processor in good-standing under Chapter 93 that is not
affiliated with another entity permitted under Chapter 93 and
for which there is no common or shared ownership with a medical
marijuana dispensary permitted under the laws of this
Commonwealth. For the purpose of this definition, common or
shared ownership is a direct or indirect financial, managerial
or other interest in a medical marijuana dispensary.
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"Ordinary public view." Within the sight line of a normal
visual range of an individual, unassisted by visual aids, from a
public street or sidewalk adjacent to real property or from
within an adjacent property.
"Ownership and control." Ownership of at least 51% of a
business, including corporate stock if a corporation, and
control over the management and day-to-day operations of the
business and an interest in the capital, assets, profits and
losses of the business proportionate to the percentage of
ownership.
"Patient." As defined in section 9303.
"Permit." An authorization issued by the board to a cannabis
business establishment to conduct activities under this chapter.
"Permittee." An individual or entity granted a permit under
this chapter.
"Person." An individual, firm, partnership, association,
joint stock company, joint venture, public or private
corporation, limited liability company or a receiver, executor,
trustee, guardian or other representative appointed by order of
a court.
"Possession limit." The amount of adult use cannabis that
may be possessed at any one time by an individual 21 years of
age or older, not including an individual who is a patient or
caregiver under Chapter 93.
"Principal officer." Any of the following:
(1) An officer, director or person who directly owns
more than a 1% beneficial interest or ownership of the
securities of a cannabis business establishment applicant or
permittee or more than a 10% beneficial interest or ownership
of the securities of a cannabis business establishment
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applicant or permittee that is a publicly traded company.
(2) A person who has a controlling interest in a
cannabis business establishment applicant or permittee or who
has the ability to elect the majority of the board of
directors of a cannabis business establishment applicant or
permittee.
(3) A person who otherwise controls a cannabis business
establishment applicant or permittee, not including a
financial institution.
"Purchaser." An individual 21 years of age or older who
acquires cannabis for consideration. The term does not include a
cannabis business establishment agent identification card holder
as used in accordance with Chapter 93.
"Remediation." The reprocessing of a manufactured cannabis-
infused product batch that has failed laboratory testing
conducted by a cannabis testing facility or the processing of a
harvest batch that has failed laboratory testing conducted by a
cannabis testing facility.
"Restricted access area." An area of a permitted cannabis
business establishment where only cannabis business
establishment agents are allowed, with limited exceptions.
"Smoking." The inhalation of smoke caused by the combustion
of cannabis. The smoking of cannabis shall be permitted anywhere
cigarette smoking is permitted. Nothing in this chapter may be
construed to require a person or establishment in lawful
possession of property to allow a guest, client, lessee,
purchaser or visitor to use cannabis on or in that property,
including on land owned in whole or in part or managed in whole
or in part by the Commonwealth.
"Social and economic equity applicant." An applicant that
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does not generate an annual income of more than $75,000 or have
financial assets exceeding $250,000 and meets any of the
following criteria:
(1) Is comprised of at least 75% ownership and control
by one or more individuals who have resided for at least five
of the preceding 10 years in a disproportionately impacted
area in this Commonwealth.
(2) Is comprised of at least 75% ownership and control
by one or more individuals who are residents of this
Commonwealth and:
(i) have been arrested for, convicted of or
adjudicated delinquent for an offense that is eligible
for expungement under this chapter; or
(ii) are members of an impacted family.
"Social and economic equity dispensing organization charter
permit ." A dispensing organization permit issued to a social
and economic equity applicant that has entered into a charter
agreement with a dispensing organization to provide financial,
mentorship, training and other support to the social and
economic equity applicant.
"THC." A delta-9 tetrahydrocannabinol and any structural,
optical or geometric isomers of tetrahydrocannabinol, including
delta-7, delta-8 and delta-10 tetrahydrocannabinol,
tetrahydrocannabinolic acid, tetrahydrocannabiphorol,
hexaydrocannabinol and any other substance, however derived,
that has similar effects on the mind or body as determined by
the board.
"Tincture." A cannabis-infused solution, typically comprised
of alcohol, glycerin or vegetable oils derived either directly
from the cannabis plant or from a processed cannabis extract.
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The term does not include an alcoholic liquor as used in the act
of April 12, 1951 (P.L.90, No.21), known as the Liquor Code. The
term shall include a calibrated dropper or other similar device
capable of accurately measuring servings.
"Veteran-owned small business." As defined in 51 Pa.C.S. §
9601 (relating to definitions).
"Women-owned business." As defined in 74 Pa.C.S. § 303(b).
SUBCHAPTER B
LAWFUL USE AND AUTHORITY
Sec.
9110. Lawful use.
9111. Sharing of authority.
9112. Background checks.
§ 9110. Lawful use.
Notwithstanding any other provision of law, use or possession
of cannabis as specified under this chapter shall be lawful in
this Commonwealth.
§ 9111. Sharing of authority.
Notwithstanding any other provision of law, an authority
granted to a Commonwealth agency or Commonwealth employee or
appointee under Chapter 93 (relating to medical marijuana) shall
be shared by the Commonwealth agency or employee or appointee
to permit, discipline, revoke, regulate or make regulations
under this chapter.
§ 9112. Background checks.
(a) Criminal history record check.--The board shall, through
the Pennsylvania State Police, conduct a criminal history record
check of each prospective principal officer, board member and
agent of a cannabis business establishment applying for a permit
or agent identification card under this chapter. The
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Pennsylvania State Police shall furnish, pursuant to a positive
identification, all Pennsylvania conviction information and
shall forward the national criminal history record information
to the board. After the effective date of this subsection, a
principal officer, board member or agent of a cannabis business
establishment who is convicted of diverting cannabis or
cannabis-infused edible or nonedible products or who
intentionally dispenses cannabis or cannabis-infused edible or
nonedible products in a manner not consistent with this chapter
shall be deemed to have failed the criminal history record check
under this subsection and may not be permitted or otherwise be
employed by a cannabis business establishment in this
Commonwealth.
(b) Fingerprinting.--Each cannabis business establishment
prospective principal officer, board member or agent shall
submit fingerprints to the Pennsylvania State Police in the form
and manner prescribed by the Pennsylvania State Police. Unless
otherwise provided by Federal or State law, the fingerprints
under this subsection shall be transmitted through a live scan
fingerprint vendor and checked against the fingerprint records
filed in the Pennsylvania State Police and Federal Bureau of
Investigation criminal history records databases.
(c) Fee.--The Pennsylvania State Police shall charge a fee
for conducting the criminal history record check, which shall
not exceed the actual cost of the Commonwealth and national
criminal history record check.
(d) Submission and initial employment.--When applying for
the initial permit or identification card, the background checks
for each prospective principal officer, board member and agent
of a cannabis business establishment may be completed concurrent
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with submitting the application to the board. An agent may begin
working at a cannabis business establishment while waiting for
the result of a background check. Nothing in this chapter shall
be construed to prevent or otherwise inhibit the ability of an
otherwise qualified individual from serving as a principal
officer, board member or agent of a cannabis business
establishment on the sole basis of a nonviolent criminal
conviction related to cannabis.
SUBCHAPTER C
PERSONAL USE OF CANNABIS
Sec.
9121. Personal use of cannabis, restrictions on cultivation and
penalties.
9122. Possession limits.
9123. Individuals younger than 21 years of age.
9124. Identification, false identification and penalty.
9125. Immunities and presumptions related to the use of
cannabis by purchasers.
9126. Discrimination prohibited.
9127. Limitations and penalties.
9128. Employment and employer liability.
§ 9121. Personal use of cannabis, restrictions on cultivation
and penalties.
Beginning 180 days after the effective date of this
subsection, notwithstanding any other provision of law and
except as otherwise specified under this chapter, the following
acts shall not be a violation of this chapter and shall not be a
criminal or civil offense under State law or an ordinance of a
local government unit of this Commonwealth or be a basis for
seizure or forfeiture of assets under State law for an
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individual other than an individual younger than 21 years of
age, unless that individual, and the individual's caregiver, if
applicable, is authorized under Chapter 93 (relating to
medical marijuana) to:
(1) possess, consume, use, purchase, obtain or transport
cannabis in an amount for personal use that does not exceed
the possession limit or requirements of this chapter;
(2) possess, use, obtain or transport cannabis
paraphernalia;
(3) transfer without remuneration, within lawful
possession limits, to an individual 21 years of age or older;
(4) cultivate cannabis for personal use by patients
under Chapter 93 in accordance with the requirements of this
chapter;
(5) control property if actions that are authorized by
this chapter occur on the property in accordance with this
chapter; and
(6) smoke or vaporize cannabis concentrate anywhere
smoking is permitted.
§ 9122. Possession limits.
(a) Limits.--Except as otherwise authorized under this
chapter, for an individual who is 21 years of age or older who
is not a patient, the possession limits for cannabis shall be as
follows and cumulative:
(1) Thirty grams of cannabis flower.
(2) No more than 1,000 milligrams of THC contained in
cannabis-infused edible or nonedible products.
(3) Five grams of cannabis concentrate.
(b) Excess prohibited.--A person may not knowingly obtain,
seek to obtain or possess an amount of cannabis from a
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dispensing organization that would exceed the possession limit
under this section, including cannabis that is cultivated by a
person under this chapter.
(c) Exception.--Cannabis and cannabis-derived substances
regulated under 3 Pa.C.S. Chs. 7 (relating to industrial hemp
research) and 15 (relating to controlled plants and noxious
weeds) and the Agriculture Improvement Act of 2018 (Public Law
115-334, 132 Stat. 4490) shall not apply to this section.
§ 9123. Individuals younger than 21 years of age.
(a) Prohibition.--An individual younger than 21 years of age
may not purchase, possess, use, process, transport, grow or
consume cannabis except as authorized under Chapter 93 (relating
to medical marijuana).
(b) Penalties for underage cannabis offenses.--
(1) An individual who violates subsection (a) commits a
summary offense and shall receive a written warning for the
first offense by a court of competent jurisdiction and may be
subject to a fine of not more than $250 for a second offense
and not more than $500 for a third and each subsequent
offense.
(2) A State or local law enforcement agency shall keep a
record of a violation of subsection (a) in a repository or
database separate from a repository or database with other
law enforcement records. A record of a violation of
subsection (a) shall only be used to determine if an
individual committed a subsequent violation of subsection
(a). A State or local law enforcement agency shall destroy a
record of a violation of subsection (a) when the individual
who committed the offense attains 21 years of age.
(3) A State or local law enforcement agency responsible
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for enforcing a violation of subsection (a) shall notify the
parent or guardian of the individual who committed the
offense if the individual is younger than 18 years of age.
(4) When an individual is charged for violating
subsection (a), the magisterial district judge may admit the
offender to the adjudication alternative as authorized under
42 Pa.C.S. § 1520 (relating to adjudication alternative
program) or any other preadjudication disposition if the
individual has not previously received a preadjudication
disposition for violating subsection (a).
(c) Intentional transfer or possession to underage
individual.--An individual 21 years of age or older who
intentionally transfers cannabis, with or without remuneration,
to an individual younger than 21 years of age, except as
authorized under Chapter 93, or intentionally allows an
individual younger than 21 years of age to purchase, possess,
use, process, transport, grow or consume cannabis, except as
authorized under Chapter 93, may be disqualified from purchasing
adult use cannabis as authorized under this chapter in addition
to being subject to additional criminal or civil penalties under
State law. The board shall promulgate regulations to implement
this subsection for the purpose of notifying dispensaries of a
disqualification under this subsection and the penalties that
may be imposed against a cannabis business establishment or
agent for intentionally transferring cannabis to an individual
younger than 21 years of age, except as authorized under Chapter
93.
§ 9124. Identification, false identification and penalty.
(a) No personal information required.--To protect personal
privacy, the board may not require a purchaser to provide a
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dispensing organization with personal information other than for
the purpose of verifying the purchaser's age by means of a
government-issued identification. An adult use dispensing
organization may not obtain or record personal information about
a purchaser without the purchaser's consent.
(b) Scanning identification.--A dispensing organization
shall use an electronic reader or electronic scanning device to
scan a purchaser's government-issued identification to determine
the purchaser's age and the validity of the identification. A
cannabis business establishment may operate for temporary
periods without an operational electronic reader or electronic
scanning device if a process is implemented to determine the
purchaser's age and the validity of identification.
§ 9125. Immunities and presumptions related to the use of
cannabis by purchasers.
(a) Penalty applicability.--A purchaser who is 21 years of
age or older shall not be subject to arrest, prosecution, denial
of a right or privilege or other punishment, including, a civil
penalty or disciplinary action taken by an occupational or
professional licensing or permitting board based solely on any
of the following:
(1) The use or possession of cannabis, if:
(i) the purchaser possesses an amount of cannabis
that does not exceed the possession limit under this
chapter; and
(ii) the use of cannabis does not impair the
purchaser when engaged in the practice of the profession
for which the purchaser is licensed, permitted, certified
or registered.
(2) Selling cannabis paraphernalia if employed and
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authorized as an agent by a permitted dispensing
organization.
(3) Being in the presence or vicinity of the use of
cannabis or cannabis paraphernalia as authorized under this
chapter.
(4) Possessing cannabis paraphernalia.
(b) Determination of probable cause.--
(1) Mere possession of or application for authorization
to work as a cannabis business establishment agent or the
agent identification card shall not:
(i) constitute probable cause or reasonable
suspicion to believe that a crime has been committed; or
(ii) be used as the sole basis to support the search
of the person, property or residence of the individual
authorized to work as a cannabis business establishment
agent, possessing an agent identification card or
applying for authorization to work as an agent.
(2) The possession of or application for authorization
to work as a cannabis business establishment agent or
possession of an agent identification card shall not preclude
the existence of probable cause if probable cause exists
based on other grounds.
(c) Reliance.--An individual employed by the Commonwealth or
a local government unit shall not be subject to criminal or
civil penalties for taking an action in good faith in reliance
on the provisions of this chapter when acting within the scope
of employment.
(d) Law enforcement liability.--A law enforcement or
correctional agency, or an employee of a law enforcement or
correctional agency, shall not be subject to criminal or civil
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liability, except for willful and wanton misconduct, as a result
of taking an action within the scope of the official duties of
the law enforcement or correctional agency or employee to
prohibit or prevent the possession or use of cannabis by any of
the following:
(1) An individual incarcerated at a correctional
institution, county jail or other facility under the
supervision of the Department of Corrections.
(2) An individual on parole or mandatory supervised
release or otherwise under the lawful jurisdiction of the law
enforcement or correctional agency or employee.
(e) Medical care.--For the purpose of receiving medical
care, including an organ transplant, an individual's use of
cannabis under this chapter shall not constitute the use of an
illicit substance or otherwise disqualify an individual from
medical care.
(f) Firearms possession.--A lawful purchaser or possessor of
cannabis under this chapter or a patient may not be prohibited
or otherwise restricted from lawful firearm ownership. The
Pennsylvania State Police, a county sheriff's office or another
law enforcement agency shall take measures to revise firearms
applications or take other necessary actions to ensure
compliance with this chapter.
(g) Child custody.--The purchase or possession of cannabis
shall not be a determining factor in a child custody matter. The
record of a legal purchase of cannabis shall not be subject to
disclosure solely due to a custody action.
§ 9126. Discrimination prohibited.
(a) Child welfare.--The presence of cannabinoid component or
metabolites in an individual's bodily fluids, possession of
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cannabis-related paraphernalia, conduct related to the use of
cannabis or the participation in cannabis-related activities
authorized under this chapter by a custodial or noncustodial
parent, grandparent, legal guardian, foster parent or other
individual charged with the well-being of a child, may not form
the sole, primary basis or supporting basis for an action or
proceeding by a child welfare agency or family or juvenile
court. Unless the individual's actions in relation to cannabis
create an unreasonable danger to the safety of the child or
otherwise show the individual is not competent as established by
clear and convincing evidence, the prohibition under this
subsection shall include any of the following:
(1) An adverse finding, evidence or restriction of a
right or privilege in a proceeding related to the adoption of
a child.
(2) A fitness determination or a determination related
to a foster parent, guardianship, conservatorship or
trusteeship.
(3) The execution of a will or the management of an
estate.
(b) Landlords.--A landlord may not be penalized or denied a
benefit of leasing to an individual who uses cannabis under this
chapter.
(c) Use in private area.--Nothing in this chapter may be
construed to require a person or establishment in lawful
possession of property to allow a guest, client, lessee,
purchaser or visitor to use cannabis on or in that property,
including on land owned in whole or in part or managed in whole
or in part by the Commonwealth.
§ 9127. Limitations and penalties.
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(a) General limitations.--This chapter shall not permit an
individual to engage in and shall not prevent the imposition of
a civil, criminal or other penalty for engaging in any of the
following:
(1) Undertaking a task under the influence of cannabis
when doing so would constitute negligence, professional
malpractice or professional misconduct.
(2) Possessing cannabis:
(i) in a school bus, unless permitted for a patient
or caregiver under Chapter 93 (relating to medical
marijuana);
(ii) on the grounds of a preschool or primary or
secondary school, unless permitted for a patient or
caregiver under Chapter 93;
(iii) in an correctional institution;
(iv) in a vehicle not open to the public unless the
cannabis is in a cannabis container and reasonably
inaccessible while the vehicle is moving; or
(v) in a private residence that is used at any time
to provide permitted childcare or other similar social
service care on the premises.
(3) Using cannabis:
(i) in a school bus, unless permitted for a patient;
(ii) on the grounds of a preschool or primary or
secondary school, unless permitted for a patient;
(iii) in a correctional institution;
(iv) in a motor vehicle;
(v) in a private residence that is used at any time
to provide permitted child care or other similar social
service care on the premises; or
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(vi) knowingly in close physical proximity to an
individual younger than 21 years of age.
(4) Operating, navigating or being in actual physical
control of any motor vehicle, aircraft, watercraft or
snowmobile while using or under the influence of cannabis.
(5) Facilitating the use of cannabis by an individual
who is not authorized to use cannabis under this chapter or
Chapter 93.
(6) Transferring cannabis to an individual in violation
of this chapter or Chapter 93.
(7) The use of cannabis by a law enforcement officer,
constable, corrections officer, probation officer or
firefighter while on duty.
(8) The use of cannabis by an individual who has a
commercial driver's license while on duty.
(b) Business restriction.--Nothing in this chapter shall
prevent a private business from restricting or prohibiting the
use of cannabis on business property, including areas where
motor vehicles are parked.
(c) Supremacy implication.--Nothing in this chapter shall
authorize or otherwise require an individual or business entity
to violate Federal law, including the ability to consume
cannabis in public housing or on college or university campuses.
(d) THC limitations.--A person may not sell, dispense,
process, manufacture or distribute cannabis or a product
intended for consumption or inhalation.
(e) Cannabinoid product limitations.--A person may not sell,
dispense, process, manufacture or distribute a cannabinoid
product that is not derived from naturally occurring
biologically active chemical constituents.
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(f) Penalties.--A person who violates subsection (d) or (e)
is guilty of a misdemeanor of the third degree. Upon conviction,
the court may sentence the person to a pay a fine not to exceed
$10,000 for each offense under subsection (d) or (e).
§ 9128. Employment and employer liability.
(a) Workplace policies.--Nothing in this chapter shall
prohibit an employer from adopting reasonable zero-tolerance
policies, drug-free workplace policies or employment policies
concerning testing, smoking, consuming, storing or using
cannabis in the workplace or while on call, provided that the
policies are applied in a nondiscriminatory manner. Nothing in
this chapter shall require an employer to permit an employee to
be under the influence of or use cannabis in the employer's
workplace or while performing the employee's job duties or while
on call.
(b) Violations of employer policies.--Nothing in this
chapter shall limit or prevent an employer from disciplining an
employee or terminating employment of an employee for violating
an employer's employment policies or workplace drug policy.
Nothing in this chapter shall be construed to interfere with any
Federal, State or local restrictions on employment.
SUBCHAPTER D
CANNABIS REGULATORY CONTROL BOARD
Sec.
9131. Establishment of board.
9132. Applicability of other statutes.
9133. Board procedures.
9134. Powers and duties of board.
9135. Regulations.
9136. Temporary regulations.
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9137. Confidentiality and public disclosure.
9138. Unlicensed activities and civil penalties.
9139. Cannabis Business Development Fund.
§ 9131. Establishment of board.
(a) Board established.--The Cannabis Regulatory Control
Board is established as an independent board. The board shall
implement, direct and oversee this chapter.
(b) Transfer.--The Department of Health's oversight of the
medical marijuana program established under Chapter 93 (relating
to medical marijuana) shall be transferred to the board within
180 days of the effective date of this subsection. All
authority, information, documents, databases and necessary
information of the medical marijuana program shall be
transferred to the board within 180 days of the effective date
of this subsection. The failure of the Department of Health to
timely transfer its authority, information, documents, databases
and necessary information of the medical marijuana program to
the board shall not delay or inhibit the ability of a current
medical marijuana organization on the effective date of this
subsection from commencing adult use operations.
(c) Membership and term.--The board shall consist of the
following members:
(1) Two members appointed by the Governor for a seven-
year term, one of whom shall be a representative of the
cannabis industry.
(2) One member appointed by each of the following:
(i) The President pro tempore of the Senate for a
six-year term.
(ii) The Minority Leader of the Senate for a five-
year term.
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(iii) The Speaker of the House of Representatives
for a six-year term.
(iv) The Minority Leader of the House of
Representatives for a five-year term.
(3) One member appointed for a two-year term who
possesses substantial and demonstrable experience in one of
the following areas, who shall be a public member appointed
by the Governor:
(i) community organizing in a disproportionately
impacted area;
(ii) work experience for an offender reentry
program;
(iii) workforce development work; or
(iv) work experience or advocacy in communities
negatively affected by Federal and State drug regulation
and enforcement.
(d) Chairperson and operations.--The Governor shall
designate the chairperson of the board who shall serve as
chairperson during the term of appointment and until a successor
shall be appointed. The board shall be operated from funds
deposited in the Cannabis Regulation Fund. If, in any year,
appropriations for the administration of this chapter are not
enacted by June 30, any funds appropriated for the
administration of this part which are unexpended, uncommitted
and unencumbered at the end of a fiscal year may not lapse and
shall remain available for expenditure by the board or other
agency to which they were appropriated until the enactment of
appropriation for the ensuing fiscal year.
(e) Board staff.--The board shall employ and maintain a
staff as necessary to effectuate its purposes, including
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