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A01171
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 lawful use of medical marijuana; in
practitioners, further providing for duration; in patients,
further providing for caregivers; in medical marijuana
organizations, further providing for permits AND FOR
RELOCATION; IN MEDICAL MARIJUANA CONTROLS, FURTHER PROVIDING
FOR GROWER/PROCESSOR AND FOR LABORATORY; in dispensaries,
further providing for dispensing to patients and caregivers
and for facility requirements; and, in miscellaneous
provisions, further providing for applicability.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definitions of "caregiver" and "continuing
care" 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
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section is amended by adding a definition 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.
* * *
"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 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.]
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* * *
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
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
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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 602. Permits.
(a) Application.--An application for a grower/processor or
dispensary permit to grow, process or dispense medical marijuana
shall be in a form and manner prescribed by the department and
shall include:
* * *
(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
under this subsection shall MAY not be subject to the
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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.
* * *
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 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 and immature plant material FROM OUTSIDE
THIS COMMONWEALTH during at least one 30-day period per year
as designated by the department TO [INITIALLY] GROW MEDICAL
MARIJUANA.
(2) OBTAIN SEED AND PLANT MATERIAL FROM ANOTHER
GROWER/PROCESSOR WITHIN THIS COMMONWEALTH TO GROW MEDICAL
MARIJUANA.
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(2.1) Obtain postharvest plant material from another
grower/processor within this Commonwealth. As used in this
paragraph, the term "postharvest plant material" includes all
unfinished plant and plant-derived material, whether fresh,
dried, partially dried, frozen or partially frozen, oil,
concentrate or similar byproducts derived from medical
marijuana. The department shall establish a process to
implement the provisions of this paragraph within 60 days of
the effective date of this paragraph.
(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
SURVEILLANCE AND OTHER FEATURES REQUIRED BY THE
DEPARTMENT; AND
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(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
COMPREHENSIVE, THOROUGH AND PROVIDE SIMILAR SAFEGUARDS AND
PROTECTIONS AS THOSE REQUIRED UNDER THE PENNSYLVANIA
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PESTICIDE CONTROL ACT OF 1973.
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
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
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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 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. This act shall take effect in 60 days.
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