PRINTER'S NO. 1028
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
869
Session of
2023
INTRODUCED BY STREET, LAUGHLIN, SAVAL, FONTANA, KEARNEY, COSTA,
CAPPELLETTI AND BARTOLOTTA, JULY 27, 2023
REFERRED TO LAW AND JUSTICE, JULY 27, 2023
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 patients,
providing for cultivating cannabis for personal use.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of April 17, 2016 (P.L.84, No.16), known
as the Medical Marijuana Act, is amended by adding a section to
read:
Section 511. Cultivating cannabis for personal use.
Notwithstanding any other provision of law, a patient who is
21 years of age or older and has been a resident of this
Commonwealth for a period of at least 30 days may cultivate
cannabis for personal use subject to the following:
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(1) A patient may cultivate up to six cannabis plants,
which may be more than five inches tall, and in a vegetative
or fruiting or flowering phase.
(2) Cannabis cultivation must take place in an enclosed
and locked space.
(3) A patient may purchase cannabis seeds from a
dispensary for the purpose of home cultivation. Seeds may not
be given or sold to any other person.
(4) Cannabis plants may not be stored or placed in a
location where the plants are subject to ordinary public
view. A patient who cultivates cannabis under this section
shall take reasonable precautions to ensure that the plants
are secure from unauthorized access, including unauthorized
access by an individual under 21 years of age.
(5) Cannabis cultivation may occur only on residential
property lawfully in the patient's possession or with the
consent of the person in lawful possession of the property.
An owner or lessor of residential property may prohibit the
cultivation of cannabis by a lessee.
(6) Cannabis plants may only be tended to by:
(i) A patient who resides at the residence, or their
authorized agent attending to the residence for brief
periods, including when the patient is temporarily away
from the residence.
(ii) The caregiver of a patient who is physically
unable to tend to the plants.
(7) A patient who cultivates more than the allowable
number of cannabis plants, or who sells or gives away
cannabis plants, cannabis or cannabis-infused products
produced under this section, shall be liable for penalties as
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provided by law in addition to loss of home cultivation
privileges under this section.
Section 2. This act shall take effect in 60 days.
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