Please wait while the document is loaded.

A01132
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1024
Session of
2021
INTRODUCED BY SCHEMEL, BURGOS, POLINCHOCK, RAPP, RYAN,
ZIMMERMAN, WHEATLEY, SHUSTERMAN AND FRANKEL, MARCH 26, 2021
AS REPORTED FROM COMMITTEE ON HEALTH, HOUSE OF REPRESENTATIVES,
AS AMENDED, MAY 24, 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; in program,
further providing for program established, for lawful use of
medical marijuana and for unlawful use of medical marijuana;
in practitioners, further providing for duration; in
patients, further providing for caregivers; in medical
marijuana organizations, further providing for medical
marijuana organizations, for permits AND, for granting of
permit, for application and issuance, for fees and other
requirements, FOR RELOCATION and for limitations on permits;
IN MEDICAL MARIJUANA CONTROLS, FURTHER PROVIDING FOR
electronic tracking, for GROWER/PROCESSOR and for storage and
transportation AND FOR LABORATORY; in dispensaries, further
providing for dispensing to patients and caregivers and for
facility requirements; and, in miscellaneous provisions,
further providing in tax on medical marijuana, further
providing for tax on medical marijuana; in Medical Marijuana
Advisory Board, further providing for advisory board; in
academic clinical research centers and clinical registrants,
further providing for clinical registrants; and, in
miscellaneous provisions, further providing for zoning and
for applicability.
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
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definitions of "caregiver" and "continuing
care" "caregiver," "continuing care" and "medical marijuana
organization" in section 103 of the act of April 17, 2016
(P.L.84, No.16), known as the Medical Marijuana Act, are amended
and the section is amended by adding a definition 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:
* * *
"Caregiver." The [individual] person designated by a patient
or, if the patient is under 18 years of age, an individual under
section 506(2), to deliver medical marijuana.
* * *
"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] a consultation with the patient.
* * *
" Farmer-grower." A small business as defined in 62 Pa.C.S. §
2102 (relating to definitions) that:
(1) is a farm engaged in agricultural production,
including the cultivation of crops or horticulture products,
the production of food and fiber or the raising of livestock
or aquaculture and has been in operation in this Commonwealth
for no less than two seasons in the past five years and the
owner of which has been a resident of this Commonwealth for
A01132 - 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
at least two years;
(2) is an agricultural enterprise actively engaged in
agricultural production for no less than two season in the
past five years and the owner of which has been a resident of
this Co mmonwealth for at least two years; or
(3) holds a permit issued by the Department of Health to
grow or otherwise cultivate medical marijuana in this
Commonwealth.
* * *
"Medical marijuana organization." A dispensary, farmer-
grower or a grower/processor. The term does not include a health
care medical marijuana organization under Chapter 19.
* * *
"Person." Any natural person, corporation, foundation,
organization, business trust, estate, limited liability company,
licensed corporation, trust, partnership, limited liability
partnership, association or other form of legal business entity.
* * *
Section 2. Sections 303(b)(4), 405, 502(b), 602(a)(4), 609,
702, 704, 801(e), 802(a)(1) and 2109(a) of the act are amended
to read:
Section 2. Sections 301(a)(8), 303(b)(4), 304(b)(3), 405,
502(b), 601, 602(a) introductory paragraph, (1) and (4), 603(a)
and (d) and 606(a) introductory paragraph of the act are amended
to read:
Section 301. Program established.
(a) Establishment.--A medical marijuana program for patients
suffering from serious medical conditions is established. The
program shall be implemented and administered by the department.
The department shall:
A01132 - 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
* * *
(8) Develop enforcement procedures, including announced
and unannounced inspections of facilities of the
grower/processors, farmer-growers and dispensaries and all
records of the medical marijuana organizations.
* * *
Section 303. Lawful use of medical marijuana.
* * *
(b) Requirements.--The lawful use of medical marijuana is
subject to the following:
* * *
[(4) An individual may not act as a caregiver for more
than five patients.]
* * *
Section 304. Unlawful use of medical marijuana.
* * *
(b) Unlawful use described.--It is unlawful to:
* * *
(3) Grow medical marijuana unless the grower/processor
or farmer-grower has received a permit from the department
under this act.
* * *
Section 405. Duration.
Receipt of medical marijuana by a patient or caregiver from a
dispensary may not exceed a [30-day] 90-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] 90-day supply for the subsequent 30-day
period. Additional [30-day] 90-day supplies may be provided in
accordance with this section for the duration of the authorized
A01132 - 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
period of the identification card unless a shorter period is
indicated on the certification.
Section 502. Caregivers.
* * *
(b) Criminal history.--A caregiver who has not been
previously approved by the department under this section shall
submit fingerprints 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. The criminal
history record information provided under this subsection shall
MAY not be subject to the limitations under 18 Pa.C.S. § 9121(b)
(2) (relating to general regulations). 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 601. Medical marijuana organizations.
The following entities shall be authorized to receive a
permit to operate as a medical marijuana organization to grow,
A01132 - 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
process or dispense medical marijuana:
(1) Grower/processors.
(2) Dispensaries.
(3) Farmer-growers.
Section 602. Permits.
(a) Application.--An application for a grower/processor,
farmer-grower or dispensary permit to grow, process or dispense
medical marijuana 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 grower/processor,
farmer-grower or dispensary.
* * *
(4) A criminal history record check. Medical marijuana
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. The criminal history record information provided
A01132 - 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
under this subsection shall MAY not be subject to the
limitations under 18 Pa.C.S. § 9121(b)(2) (relating to
general regulations). 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 organization. This paragraph shall not apply to an
employee of a farmer-grower, if the department determines
that the employee is not involved, either directly or
indirectly, in the business activities of the farmer-grower
or in any activity related to the growth, cultivation or
harvesting of medical marijuana. It shall be the duty of the
farmer-grower to provide evidence or proof, as the department
may require, that the employee is not engaged in business
activities or in an y activity related to the growth,
cultivation or harvesting of medical marijuana conducted by
the farmer-grower under this act.
* * *
Section 603. Granting of permit.
(a) General rule.--The department may grant or deny a permit
to a grower/processor, farmer-grower or dispensary.
* * *
(d) Regions.--
(1) The department shall establish a minimum of three
regions within this Commonwealth for the purpose of granting
permits to grower/processors, farmer-growers and dispensaries
and enforcing this act. The department shall approve permits
for grower/processors and dispensaries in a manner which will
provide an adequate amount of medical marijuana to patients
and caregivers in all areas of this Commonwealth. The
A01132 - 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
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.]
(i) Regional population.
(ii) The number of patients suffering from serious
medical conditions.
(iii) The types of serious medical conditions.
(iv) Access to public transportation.
(v) Any other factor the department deems relevant.
(2) Notwithstanding paragraph (1), the department shall
establish criteria to govern the issuance of permits to
farmer-growers, provided that the department may issue a
minimum of 75 farmer-grower permits in a manner that ensures
participation by farmer-growers in all regions of this
Commonwealth.
(3) In issuing farmer-grower permits in accordance with
paragraph (2), the department shall consider:
(i) The percent increase or decrease in patients
seeking medical marijuana in this Commonwealth;
(ii) The need for additional supply of medical
marijuana to satisfy increases in the number of medical
marijuana patients;
(iii) Patient demand;
(iv) The availability and consistency in marijuana
products, including the availability of a particular form
A01132 - 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
of medical marijuana, including strains or new strains of
medical marijuana and medical marijuana products;
(v) Competition, including competition involving
illegal markets; and
(vi) other criterion that will ensure an adequate
supply of medical marijuana for patients and caregivers.
Section 606. Application and issuance.
(a) Duty to report.--An applicant to be a grower/processor
or farmer-grower or to operate a dispensary is under a
continuing duty to:
* * *
Section 3. Section 607 of the act is amended by adding a
paragraph to read:
Section 607. Fees and other requirements.
The following apply:
* * *
(2.1) For a farmer-grower:
(i) An initial application fee in the amount of
$2,500 shall be paid. The fee is nonrefundable.
(ii) A fee for a permit as a farmer-grower in the
amount of $2,500 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 $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
A01132 - 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
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 enough capital as determined by the department, which
must be on deposit with a financial institution.
* * *
Section 3.1. Section 609 of the act is amended to read:
SECTION 609. RELOCATION.
(A) AUTHORIZATION.--THE DEPARTMENT MAY APPROVE AN
APPLICATION FROM A MEDICAL MARIJUANA ORGANIZATION TO RELOCATE
WITHIN THIS COMMONWEALTH OR TO ADD OR DELETE ACTIVITIES OR
FACILITIES.
(B) DESIGNATIONS.--NOTWITHSTANDING THE PROVISIONS OF
SUBSECTION (A), A DISPENSARY MAY INTERCHANGE THE DESIGNATION OF
A PRIMARY, SECONDARY OR TERTIARY LOCATION AT ANY TIME, INCLUDING
THE PERIOD BEFORE A LOCATION BECOMES OPERATIONAL, BY PROVIDING
WRITTEN NOTICE TO THE DEPARTMENT AT LEAST 14 DAYS BEFORE THE
CHANGE IN DESIGNATION. A CHANGE IN DESIGNATION UNDER THIS
SUBSECTION MAY NOT BE SUBJECT TO APPROVAL BY THE DEPARTMENT.
Section 4. Section 616 introductory paragraph of the act is
amended and the section is amended by adding paragraphs to read:
Section 616. Limitations on permits.
The following limitations apply to approval of permits for
grower/processors, farmer-growers and dispensaries:
* * *
(8) Notwithstanding section 603(d)(2), the number of
farmer-grower permits issued shall be determined by the
department.
A01132 - 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
(9) The department shall determine the maximum number of
farmer-grower permits that shall be issued to any natural
person, partnership, corporation, association, trust or other
entity or combination thereof.
(10) A farmer-grower may only provide medical marijuana
to a grower/processor holding a valid permit under this act.
Section 5. Section 701(d) introductory paragraph of the act
is amended, subsections (a) and (d) are amended by adding
paragraphs and the section is amended by adding a subsection to
read:
Section 701. Electronic tracking.
(a) Requirement.--A grower/processor or 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 on a
daily basis. The system shall include tracking of all of the
following:
* * *
(6) For a grower/processor, a purchase-to-sale tracking
system that tracks medical marijuana procured from a farmer-
grower for processing until the medical marijuana is sold to
a dispensary.
(a.1) Requirement for farmer-growers.--A farmer-grower must
implement an inventory tracking system which shall be accessible
to the department. The system shall include tracking of all of
the following:
(1) The number of medical marijuana plants located on a
site used for growing or cultivating medical marijuana.
(2) The number of medical marijuana plants located on a
site used for growing or cultivating medical marijuana that
A01132 - 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
have been successfully cultivated for sale to a
grower/processor.
(3) The number of medical marijuana plants located on a
site used for growing or cultivating medical marijuana that
are unfit for cultivation and marked for disposal as plant
waste.
(4) A system to track the plant waste resulting from the
growth of medical marijuana or other disposal, including the
name and address of any disposal service.
(5) A weekly log of each week's beginning inventory,
acquisitions, amounts sold, disbursements, disposals and
ending inventory. The tracking system shall include prices
paid and amounts collected from grower/processors.
(6) Sites, including farmland, used for growing or
cultivating medical marijuana must be certified, inspected
and permitted by and registered with the department. The
failure to permit inspection by the department shall be a
violation of this chapter.
* * *
(d) Reports.--Within one year of the issuance of the first
permit to a grower/processor, farmer-grower or 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:
* * *
(2.1) The amount of medical marijuana sold by a farmer-
grower during each three-month period.
(2.2) The price of amounts of medical marijuana sold by
a farmer-grower.
A01132 - 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
* * *
Section 6. Section 702 of the act is amended to read:
SECTION 702. GROWER/PROCESSORS.
(A) AUTHORIZATION.--SUBJECT TO SUBSECTION (B), A
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.
(2) OBTAIN SEED AND PLANT MATERIAL FROM ANOTHER
GROWER/PROCESSOR WITHIN THIS COMMONWEALTH TO GROW MEDICAL
MARIJUANA.
(3) REMEDIATE CONTAMINATION TO SEEDS, IMMATURE MEDICAL
MARIJUANA PLANTS, MEDICAL MARIJUANA PLANTS, MEDICAL MARIJUANA
FLOWER OR MEDICAL MARIJUANA PRODUCTS AT ANY TIME BEFORE FINAL
PROCESSING, AFTER A FAILED TEST OR IN PREPARING A MEDICAL
MARIJUANA PRODUCT FOR INDEPENDENT LABORATORY TESTING.
(4) RELEASE A MEDICAL MARIJUANA PRODUCT AFTER
INDEPENDENT LABORATORY TESTING CONCLUDES THE CONTAMINATION TO
THE MEDICAL MARIJUANA PRODUCT HAS BEEN REMEDIATED.
(5) ADD PHARMACEUTICAL-GRADE OR FOOD-GRADE ADDITIVES TO
MEDICAL MARIJUANA, INCLUDING HEMP OR HEMP-DERIVED
INGREDIENTS. HEMP OR HEMP-DERIVED INGREDIENTS UNDER THIS
PARAGRAPH SHALL BE OBTAINED FROM AN ENTITY THAT HAS AN
APPROPRIATE PERMIT FROM THE DEPARTMENT OF AGRICULTURE OF THE
COMMONWEALTH.
(B) LIMITATIONS.--
(1) A GROWER/PROCESSOR MAY ONLY GROW, STORE, HARVEST OR
PROCESS MEDICAL MARIJUANA IN AN INDOOR, ENCLOSED, SECURE
FACILITY WHICH:
(I) INCLUDES ELECTRONIC LOCKING SYSTEMS, ELECTRONIC
A01132 - 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
SURVEILLANCE AND OTHER FEATURES REQUIRED BY THE
DEPARTMENT; AND
(II) IS LOCATED WITHIN THIS COMMONWEALTH.
(2) [(RESERVED).] FOR THE PURPOSE OF PARAGRAPH (1), THE
DEPARTMENT SHALL PERMIT VIDEO SURVEILLANCE WITH VIDEO
RECORDINGS TRIGGERED VIA MOTION SENSORS. A GROWER/PROCESSOR
THAT UTILIZES THE VIDEO SURVEILLANCE AUTHORIZED UNDER THIS
PARAGRAPH SHALL RETAIN THE VIDEO RECORDINGS FOR A PERIOD OF
NO LESS THAN 90 DAYS.
(C) PESTICIDES.--THE FOLLOWING SHALL APPLY:
(1) A GROWER/PROCESSOR MAY USE A PESTICIDE THAT IS
REGISTERED BY THE DEPARTMENT OF AGRICULTURE UNDER THE ACT OF
MARCH 1, 1974 (P.L.90, NO.24), KNOWN AS THE PENNSYLVANIA
PESTICIDE CONTROL ACT OF 1973.
(2) NOTWITHSTANDING ANY PROVISION OF THE PENNSYLVANIA
PESTICIDE CONTROL ACT OF 1973 OR ANY OTHER STATE LAW OR
REGULATION, THE SECRETARY OF AGRICULTURE SHALL ESTABLISH
PROCEDURES AND OPERATE A PERIODIC PROCESS UNDER WHICH
PESTICIDES ARE REVIEWED, APPROVED AND REGISTERED FOR USE IN
THE CULTIVATION OF MEDICAL MARIJUANA.
(3) THE PROCEDURES ESTABLISHED BY THE SECRETARY OF
AGRICULTURE UNDER PARAGRAPH (2) SHALL BE CONSISTENT WITH THE
PENNSYLVANIA PESTICIDE CONTROL ACT OF 1973 AND THE FEDERAL
INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (61 STAT. 163, 7
U.S.C. § 136 ET SEQ.)
(4) THE SECRETARY OF AGRICULTURE MAY REGISTER PESTICIDES
APPROVED FOR USE IN THE CULTIVATION OF MEDICAL MARIJUANA BY
OTHER STATES OR JURISDICTIONS IF THE SECRETARY OF AGRICULTURE
DETERMINES THAT THE PESTICIDE REGISTRATION AND APPROVAL
REQUIREMENTS OF ANOTHER STATE OR JURISDICTION ARE
A01132 - 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
COMPREHENSIVE, THOROUGH AND PROVIDE SIMILAR SAFEGUARDS AND
PROTECTIONS AS THOSE REQUIRED UNDER THE PENNSYLVANIA
PESTICIDE CONTROL ACT OF 1973.
Section 6.1. The act is amended by adding a section to read:
Section 702.1. Farmer-growers.
(a) Authorization.--Subject to subsection (b), a farmer-
grower may obtain seed and plant material from a
grower/processor within this Commonwealth to grow medical
marijuana in accordance with department regulations.
(b) Limitations.--A farmer-grower may only grow, store or
harvest medical marijuana in an enclosed, secure area which:
(1) is delineated to a single site at the address
identified on the permit issued by the department;
(2) does not exceed two acres of land;
(3) includes locking systems and other security and
surveillance features required by the department; and
(4) is located within this Commonwealth.
(c) Use of farmland .--
(1) Notwithstanding any provisions of this act,
regulation of the department or any other law to the
contrary, a farmer-grower may grow or otherwise cultivate
medical marijuana on farmland owned and operated by the
grower-farmer. If farmland is jointl y owned, each person
holding an amount of ownership interest or control over the
farmland, including a natural person, partnership,
corporation, association, trust or other such entity or
combination thereof, shall be subject to section 602.
(2) The department, in consultation with the Department
of Agriculture, shall adopt and promulgate regulations to
govern the use of farmland to grow medical marijuana in
A01132 - 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
accordance with the requirements of this act.
Section 7. Section 703 introductory paragraph and (9) of the
act are amended to read:
Section 703. Storage and transportation.
The department shall develop regulations relating to the
storage and transportation of medical marijuana among
grower/processors and farmer-growers, testing laboratories and
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. The regulations shall provide for the following:
* * *
(9) Transporting medical marijuana to a grower/processor
or farmer-grower, approved laboratory or dispensary.
Section 8. Sections 704, 801(a) and (e), 802(a), 901(a) and
(f), 1201(j)(5)(iv), 2002(b)(8), 2107 and 2109(a) of the act are
amended to read:
SECTION 704. LABORATORY.
(A) GENERAL TESTING.--A GROWER/PROCESSOR SHALL CONTRACT WITH
[AN INDEPENDENT LABORATORY] ONE OR MORE INDEPENDENT LABORATORIES
TO TEST THE MEDICAL MARIJUANA PRODUCED BY THE GROWER/PROCESSOR.
THE DEPARTMENT SHALL APPROVE [THE] A LABORATORY UNDER THIS
SUBSECTION AND REQUIRE THAT THE LABORATORY REPORT TESTING
RESULTS IN A MANNER AS THE DEPARTMENT SHALL DETERMINE[,
INCLUDING REQUIRING A TEST AT HARVEST AND] OF A TEST AT FINAL
PROCESSING. THE POSSESSION BY A LABORATORY OF MEDICAL MARIJUANA
SHALL BE A LAWFUL USE.
(B) STABILITY TESTING.--A LABORATORY SHALL PERFORM STABILITY
TESTING TO ENSURE THE MEDICAL MARIJUANA PRODUCT'S POTENCY AND
PURITY. A GROWER/PROCESSOR SHALL RETAIN A SAMPLE FROM EACH
A01132 - 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
HARVEST BATCH OF MEDICAL MARIJUANA AND REQUEST THAT A SAMPLE BE
IDENTIFIED AND COLLECTED BY A LABORATORY APPROVED UNDER
SUBSECTION (A) FROM A HARVEST BATCH TO PERFORM STABILITY TESTING
UNDER THE FOLLOWING CONDITIONS:
(1) THE HARVEST BATCH OF MEDICAL MARIJUANA IS STILL IN
INVENTORY AT A DISPENSARY IN THIS COMMONWEALTH.
(2) THE STABILITY TESTING IS DONE AT SIX-MONTH INTERVALS
FOR THE DURATION OF THE EXPIRATION DATE PERIOD AS LISTED ON
THE MEDICAL MARIJUANA PRODUCT.
Section 801. Dispensing to patients and caregivers.
* * *
(e) Supply.--When dispensing medical marijuana to a patient
or caregiver, the dispensary may not dispense an amount greater
than a [30-day] 90-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.
* * *
Section 802. Facility requirements.
(a) General rule.--
(1) A dispensary may [only] dispense medical marijuana
in an indoor, enclosed, secure facility located within this
Commonwealth[,] or in accordance with a curbside delivery
protocol as determined by the department.
* * *
Section 901. Tax on medical marijuana.
(a) Tax imposed.--A tax is imposed on the gross receipts of
a grower/processor received from the sale of medical marijuana
by a grower/processor to a dispensary, to be paid by the
grower/processor, at the rate of 5%[.], unless the medical
A01132 - 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
marijuana was purchased from a farmer-grower, in which case the
tax imposed on the gross receipts shall be at a rate of 1%. The
tax shall be charged against and be paid by the grower/processor
and shall not be added as a separate charge or line item on any
sales slip, invoice, receipt or other statement or memorandum of
the price paid by a dispensary, patient or caregiver.
* * *
(f) Information.--A grower/processor or farmer-grower that
sells medical marijuana shall provide to the Department of
Revenue information required by the department.
Section 1201. Advisory board.
* * *
(j) Duties.--The advisory board shall have the following
duties:
* * *
(5) The written report under paragraph (4) shall include
recommendations and findings as to the following:
* * *
(iv) Whether to change, add or reduce the number of
growers/processors, farmer-growers or dispensaries.
* * *
Section 2002. Clinical registrants.
* * *
(b) Requirements.--The following shall apply to clinical
registrants:
* * *
(8) A grower/processor facility owned by a clinical
registrant may sell its medical marijuana products only to
the clinical registrant's dispensary facilities and the
dispensary facilities of other clinical registrants. The
A01132 - 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
facility may sell seeds, medical marijuana plants and medical
marijuana products to, or exchange seeds, medical marijuana
plants and medical marijuana products with, any other
grower/processor facility or farmer-grower holding a permit
under Chapter 6 or this chapter.
* * *
Section 2107. Zoning.
The following apply:
(1) A grower/processor shall meet the same municipal
zoning and land use requirements as other manufacturing,
processing and production facilities that are located in the
same zoning district.
(1.1) A farmer-grower shall meet the same municipal
zoning and land use requirements as other normal agricultural
operations that are located in the same zoning district.
(2) A dispensary shall meet the same municipal zoning
and land use requirements as other commercial facilities that
are located in the same zoning district.
Section 2109. Applicability.
[(a) Dispensaries.--The provisions of this act with respect
to dispensaries shall not apply beginning 1,095 days from the
effective date of an amendment to the Controlled Substances Act
(Public Law 91-513, 84 Stat. 1236) removing marijuana from
Schedule I of the Controlled Substances Act.]
* * *
Section 3 9. This act shall take effect in 60 days.
A01132 - 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