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
1 Amending Titles 35 (Health and Safety) and 75 (Vehicles) of the
2 Pennsylvania Consolidated Statutes, providing for adult use
3 cannabis; regulating the personal use and possession of
4 cannabis; establishing the Cannabis Regulatory Control Board;
5 providing for powers and duties of the Cannabis Regulatory
6 Control Board; establishing the Cannabis Business Development
7 Fund; providing for social and economic equity, for
8 regulation of cannabis business establishments, for
9 enforcement and immunities, for laboratory testing, for
10 advertising, marketing, packaging and labeling and for
11 preparation, destruction and regulation of cannabis and
12 cannabis-infused edible and nonedible products; imposing a
13 sales tax and excise tax on cannabis and cannabis-infused
14 edible and nonedible products; establishing the Cannabis
15 Regulation Fund; providing for cannabis clean slate and for
16 miscellaneous provisions; imposing penalties; consolidating
17 provisions relating to medical marijuana; transferring
18 certain powers and duties of the Department of Health to the
19 Cannabis Regulatory Control Board; in driving after imbibing
20 alcohol or utilizing drugs, further providing for driving
21 under influence of alcohol or controlled substance and for
22 authorized use not a defense; and making repeals.
23 The General Assembly of the Commonwealth of Pennsylvania
24 hereby enacts as follows:
25 Section 1. Title 35 of the Pennsylvania Consolidated
26 Statutes is amended by adding a part to read:
27 PART VII
28 CANNABIS
 1 Chapter
2 91. Adult Use of Cannabis
3 93. Medical Marijuana
4 CHAPTER 91
5 ADULT USE OF CANNABIS
6 Subchapter
7 A. Preliminary Provisions
8 B. Lawful Use and Authority
9 C. Personal Use of Cannabis
10 D. Cannabis Regulatory Control Board
11 E. Social and Economic Equity
12 F. Regulation of Cannabis Business Establishments
13 G. Enforcement and Immunities
14 H. Laboratory Testing
15 I. Advertising, Marketing, Packaging and Labeling
16 J. Preparation, Destruction and Regulation of Cannabis and
17 Cannabis-Infused Edible and Nonedible Products
18 K. Taxes
19 L. Cannabis Clean Slate
20 M. Miscellaneous Provisions
21 SUBCHAPTER A
22 PRELIMINARY PROVISIONS
23 Sec.
24 9101. Scope of chapter.
25 9102. Definitions.
26 § 9101. Scope of chapter.
27 This chapter relates to the adult use of marijuana in this
28 Commonwealth.
29 § 9102. Definitions.
30 The following words and phrases when used in this chapter
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 1 shall have the meanings given to them in this section unless the
2 context clearly indicates otherwise:
3 "Adult use." Cannabis that can be purchased and consumed by
4 an individual 21 years of age and older.
5 "Adult use cultivation center." A facility operated by an
6 organization or business that is permitted by the board to
7 cultivate, process, transport and perform other necessary
8 activities to provide cannabis and cannabis-infused edible and
9 nonedible products to cannabis business establishments.
10 "Adult use cultivation center permit." A permit issued by
11 the board that permits an entity to act as a cultivation and
12 processing center under this chapter or any regulation
13 promulgated in accordance with this chapter and permits the
14 entity to offer home delivery services where cannabis and
15 cannabis-infused edible and nonedible products, as approved by
16 the board, are delivered directly to a purchaser or patient.
17 "Advertise." To engage in promotional activities, including
18 through newspaper, radio, Internet and electronic media and
19 television advertising. The term includes the distribution of
20 fliers and circulars, billboard advertising and the display of
21 window signs. The term does not include interior dispensary
22 signage or exterior signage displaying the name of the permitted
23 cannabis business establishment.
24 "Agent" or "cannabis business establishment agent." A
25 principal officer, board member, employee or other agent of a
26 cannabis business establishment who is 21 years of age or older.
27 "Applicant." An individual or entity applying for a permit
28 under this chapter.
29 "Board." The Cannabis Regulatory Control Board established
30 under Subchapter D (relating to Cannabis Regulatory Control
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 1 Board).
2 "Cannabis." As follows:
3 (1) Any of the following:
4 (i) Marijuana, hashish or other substances that are
5 identified as including any parts of the plant Cannabis
6 sativa and including derivatives or subspecies, such as
7 indica, of all strains of cannabis, whether growing or
8 not, including the seeds, resin extracted from any part
9 of the plant and any compound, manufacture, salt,
10 derivative, mixture or preparation of the plant. The term
11 includes THC and all other naturally produced cannabinol
12 derivatives, whether produced directly or indirectly by
13 extraction, including, delta-7 THC, delta-8 THC, delta-9
14 THC or any structural, optical or geometric isomers of
15 tetrahydrocannabinol, cannabis flower, concentrate and
16 cannabis-infused edible and nonedible products.
17 (ii) A product intended for human consumption with a
18 THC concentration, however derived, greater than the
19 allowable THC limit specified in this part.
20 (2) The term does not include the mature stalks of the
21 plant, fiber produced from the stalks, oil or cake made from
22 the seeds of the plant or any other compound, manufacture,
23 salt, derivative, mixture or preparation of the mature
24 stalks, the sterilized seed of the plant that is incapable of
25 germination or industrial hemp as defined in 3 Pa.C.S. § 702
26 (relating to definitions).
27 "Cannabis business establishment." An individual or entity
28 holding a permit issued by the board to cultivate, process,
29 dispense, infuse or transport cannabis, including a dispensing
30 organization, adult use cultivation center, social and economic
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 1 equity dispensing organization charter permit holder or micro
2 cultivation center.
3 "Cannabis business establishment agent identification card"
4 or "agent identification card." An identification card held by
5 an authorized agent of a dispensing organization, social and
6 economic equity dispensing organization charter permit holder,
7 micro cultivation center or adult use cultivation center.
8 "Cannabis concentrate." A product derived from cannabis that
9 is produced by extracting cannabinoids, including THC, with the
10 intended use of smoking, vaping or making a cannabis-infused
11 edible and nonedible product. The term includes a product
12 derived from cannabis that is produced by means of heat and
13 pressure or mechanical separations.
14 "Cannabis flower." Marijuana, hashish or other substances
15 identified as including any parts of the plant Cannabis sativa
16 and including derivatives or subspecies, such as indica, of all
17 strains of cannabis, including raw kief, leaves and buds. The
18 term does not include resin that has been extracted from any
19 part of the plant or any compound, manufacture, salt,
20 derivative, mixture or preparation of the plant, the plant's
21 seeds or resin.
22 "Cannabis-infused edible product." A product meant to be
23 chewed, dissolved, taken sublingually or swallowed. The term
24 includes liquids, including beverages, food, oil, tincture,
25 capsule, tablet, gummies or other ingestible forms containing
26 cannabis or cannabis concentrate that are not intended to be
27 smoked or otherwise inhaled.
28 "Cannabis-infused nonedible product." A product meant to be
29 used topically or otherwise not intended to be ingested. The
30 term includes gels, creams, patches or ointments containing
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 1 cannabis or cannabis concentrate.
2 "Cannabis paraphernalia." Any equipment, product or material
3 of any kind which is primarily intended or designed for any of
4 the following:
5 (1) Use in vaporizing, ingesting, inhaling or otherwise
6 introducing a cannabis-infused edible and nonedible product
7 into the human body.
8 (2) Preparing, storing or containing cannabis.
9 "Cannabis seed-to-sale tracking system" or "seed-to-sale
10 tracking system." A system designated by the board as the
11 system of record or a secondary electronic tracking system used
12 by a cannabis business establishment or testing laboratory that
13 meets all of the following criteria:
14 (1) The system captures everything that happens to a
15 cannabis plant from seed and cultivation through the growth,
16 harvest and manufacturing of cannabis and cannabis-infused
17 edible and nonedible products, including testing and
18 transportation, to final sale.
19 (2) The system uses unique-plant identification and
20 unique-batch identification.
21 (3) The system has the ability to track the involvement
22 of an agent or permittee with cannabis and cannabis-infused
23 edible and nonedible products.
24 (4) The system is integrated with a secondary system
25 used by a cannabis business establishment or a cannabis
26 testing facility, if applicable, in a form and manner
27 determined by the board.
28 (5) The system allows for two-way communication,
29 automation and a secure application-programming interface
30 with a cannabis business establishment's enterprise resource
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 1 planning, inventory, accounting and point-of-sale software.
2 (6) The system includes a secure application program
3 interface capable of accessing all data required to be
4 transmitted to the board to ensure compliance with the
5 operational reporting requirements specified under this
6 chapter or Chapter 93 (relating to medical marijuana) and any
7 regulations promulgated by the board.
8 "Cannabis testing facility." An entity registered by the
9 board to test cannabis for potency and contaminants.
10 "Charter agreement." An agreement between a social and
11 economic equity applicant and a dispensing organization in which
12 the dispensing organization agrees to provide financial,
13 mentorship, training, operational and other support to the
14 social and economic equity applicant.
15 "Clone." A plant section from a female cannabis plant not
16 yet root-bound, growing in a water solution or other propagation
17 matrix, that can develop into a new plant.
18 "Curbside." The transfer or dispensing of cannabis or a
19 cannabis-infused edible and nonedible product by an employee of
20 a cannabis business establishment to a vehicle located in the
21 parking area or to an individual at the entrance of the
22 facility.
23 "Dispensing organization" or "adult use dispensing
24 organization." An organization, including a person, that meets
25 all of the following criteria:
26 (1) The organization is permitted by the board to
27 acquire cannabis from an adult use cultivation center or
28 micro cultivation center or other dispensary for the purpose
29 of selling or dispensing cannabis, cannabis concentrates,
30 cannabis-infused edible and nonedible products, cannabis
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 1 seeds, paraphernalia or related supplies to purchasers under
2 this chapter or to patients and caregivers under Chapter 93.
3 (2) The organization is a dual-use dispensary and
4 authorized or permitted by the board to dispense medical
5 marijuana under Chapter 93.
6 (3) The organization complies with provisions of Chapter
7 93.
8 "Dispensing organization permit." A permit issued by the
9 board that allows a person to act as a dispensing organization
10 under this chapter or any regulation promulgated in accordance
11 with this chapter and Chapter 93.
12 "Disproportionately impacted area." A census tract that
13 satisfies the criteria determined by the board and that meets at
14 least one of the following criteria:
15 (1) The area has a poverty rate of at least 20%
16 according to the most recent Federal decennial census.
17 (2) Seventy-five percent or more of the children in the
18 area participate in the National School Lunch Program
19 according to reported statistics from the State Board of
20 Education.
21 (3) At least 20% of the households in the area receive
22 assistance under the Supplemental Nutrition Assistance
23 Program.
24 (4) The area has an average unemployment rate, as
25 determined by the Department of Labor and Industry, that is
26 more than 120% of the national unemployment average as
27 determined by the United States Department of Labor for a
28 period of at least 12 consecutive calendar months preceding
29 the date of the application for a permit under this chapter
30 and has a high rate of arrest, conviction and incarceration
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 1 related to the sale, possession, use, cultivation,
2 manufacture or transport of cannabis.
3 "Enclosed, locked facility." A room, greenhouse, building or
4 other enclosed area equipped with locks or other security
5 devices that permit access only to cannabis business
6 establishment agents working for the permitted cannabis business
7 establishment or acting under this chapter to cultivate,
8 process, store or distribute cannabis.
9 "Enclosed, locked space." Space within a facility, building
10 or other enclosed area equipped with locks or other security
11 devices that permit access only to authorized individuals under
12 this chapter.
13 "Financial institution." As defined in section 3003.22(r) of
14 the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform
15 Code of 1971.
16 "Flowering stage." The stage of cultivation where and when a
17 cannabis plant is cultivated to produce plant material for a
18 cannabis-infused edible and nonedible product. The term includes
19 mature plants if any of the following apply:
20 (1) More than two stigmas are visible at each internode
21 of the plant.
22 (2) The cannabis plant is in an area that has been
23 intentionally deprived of light for a period of time intended
24 to produce flower buds and induce maturation, from the moment
25 the light deprivation began through the remainder of the
26 cannabis plant growth cycle.
27 "Limited access area." A room or other area under the
28 control of a dispensing organization where cannabis sales occur
29 with access limited to individuals who are 21 years of age or
30 older and qualified patients and caregivers or other individuals
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 1 as determined by the board's regulations.
2 "Medical marijuana grower/processor." The term shall have
3 the same meaning as grower/processor as defined in section 9303
4 (relating to definitions).
5 "Medical marijuana organization." As defined in section
6 9303.
7 "Member of an impacted family." An individual who has a
8 parent, legal guardian, child, spouse or dependent or was a
9 dependent of an individual who, prior to the effective date of
10 this definition, was arrested for, convicted of or adjudicated
11 delinquent for any offense that is eligible for expungement
12 under section 9199.11(b) (relating to cannabis clean slate).
13 "Micro cultivation center." A facility operated by an
14 individual or entity that is permitted to cultivate, dry, cure
15 and package cannabis and perform other necessary activities to
16 make cannabis available for sale at a dispensing organization.
17 "Micro cultivation center permit." An authorization issued
18 by the board to an individual or entity to conduct activities
19 of a micro cultivation center under this chapter.
20 "Minority-owned business." As defined in 74 Pa.C.S. § 303(b)
21 (relating to diverse business participation).
22 "Nonvertically integrated medical marijuana
23 grower/processor." A permitted medical marijuana
24 grower/processor in good-standing under Chapter 93 that is not
25 affilia