SENATE AMENDED
PRIOR PRINTER'S NOS. 1059, 1596, 1635,
1823 PRINTER'S NO. 1936
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1024
Session of
2021
INTRODUCED BY SCHEMEL, BURGOS, POLINCHOCK, RAPP, RYAN,
ZIMMERMAN, WHEATLEY, SHUSTERMAN, FRANKEL, COX, GUZMAN AND
GAINEY, MARCH 26, 2021
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, JUNE 25, 2021
AN ACT
1 Amending the act of April 17, 2016 (P.L.84, No.16), entitled "An
2 act establishing a medical marijuana program; providing for
3 patient and caregiver certification and for medical marijuana
4 organization registration; imposing duties on the Department
5 of Health; providing for a tax on medical marijuana
6 organization gross receipts; establishing the Medical
7 Marijuana Program Fund; establishing the Medical Marijuana
8 Advisory Board; establishing a medical marijuana research
9 program; imposing duties on the Department of Corrections,
10 the Department of Education and the Department of Human
11 Services; and providing for academic clinical research
12 centers and for penalties and enforcement," in preliminary
13 provisions, further providing for definitions; in program,
14 further providing for confidentiality and public disclosure <--
15 and for lawful use of medical marijuana; in practitioners,
16 further providing for duration; in patients, further
17 providing for caregivers; in medical marijuana organizations,
18 further providing for permits, for relocation and for
19 convictions prohibited; in medical marijuana controls,
20 further providing for electronic tracking, for
21 grower/processor GROWER/PROCESSORS, for storage and <--
22 transportation and for laboratory; in dispensaries, further
23 providing for dispensing to patients and caregivers and for
24 facility requirements; IN TAX ON MEDICAL MARIJUANA, FURTHER <--
25 PROVIDING FOR MEDICAL MARIJUANA PROGRAM FUND; IN
26 ADMINISTRATION, FURTHER PROVIDING FOR TEMPORARY REGULATIONS;
27 IN MEDICAL MARIJUANA ADVISORY BOARD, FURTHER PROVIDING FOR
28 ADVISORY BOARD AND FOR REGULATIONS BASED ON RECOMMENDATIONS
29 OF ADVISORY BOARD; IN OFFENSES RELATED TO MEDICAL MARIJUANA,
30 FURTHER PROVIDING FOR DISCLOSURE OF INFORMATION PROHIBITED;
31 IN ACADEMIC CLINICAL RESEARCH CENTERS AND CLINICAL <--
 1 REGISTRANTS, FURTHER PROVIDING FOR ACADEMIC CLINICAL RESEARCH
2 CENTERS AND FOR CLINICAL REGISTRANTS; and, AND PROVIDING FOR <--
3 RESEARCH INITIATIVE; in miscellaneous provisions, further
4 providing for applicability; AND MAKING A RELATED REPEAL. <--
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. The definitions of "caregiver" and "CAREGIVER," <--
8 "continuing care" AND "SERIOUS MEDICAL CONDITION" in section 103 <--
9 of the act of April 17, 2016 (P.L.84, No.16), known as the
10 Medical Marijuana Act, are amended and the section is amended by
11 adding a definition DEFINITIONS to read: <--
12 Section 103. Definitions.
13 The following words and phrases when used in this act shall
14 have the meanings given to them in this section unless the
15 context clearly indicates otherwise:
16 * * *
17 "Caregiver." [The [individual] person designated by a <--
18 patient or, if the patient is under 18 years of age, an
19 individual under section 506(2), to deliver medical marijuana.] <--
20 THE TERM INCLUDES THE FOLLOWING ENTITIES DESIGNATED TO DELIVER
21 MEDICAL MARIJUANA:
22 (1) AN INDIVIDUAL DESIGNATED BY A PATIENT.
23 (2) IF THE PATIENT IS UNDER 18 YEARS OF AGE, AN
24 INDIVIDUAL UNDER SECTION 506(2).
25 (3) INDIVIDUALS DESIGNATED IN WRITING, FOR PURPOSES OF
26 SECTION 502, BY AN ORGANIZATION THAT PROVIDES HOSPICE,
27 PALLIATIVE OR HOME HEALTH CARE SERVICES AND:
28 (I) ARE EMPLOYED BY AN ORGANIZATION THAT IS LICENSED
29 UNDER THE ACT OF JULY 19, 1979 (P.L.130, NO.48), KNOWN AS
30 THE HEALTH CARE FACILITIES ACT;
31 (II) HAVE SIGNIFICANT RESPONSIBILITY FOR MANAGING
32 THE HEALTH CARE AND WELL-BEING OF A PATIENT; AND
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 1 (III) WERE DESIGNATED BY THE ORGANIZATION TO PROVIDE
2 CARE TO A PATIENT WHO HAS PROVIDED AUTHORIZATION FOR THE
3 DESIGNATION.
4 (4) INDIVIDUALS DESIGNATED IN WRITING, FOR PURPOSES OF
5 SECTION 502, BY A RESIDENTIAL FACILITY, INCLUDING A LONG-TERM
6 CARE NURSING FACILITY, A SKILLED NURSING FACILITY, AN
7 ASSISTED LIVING FACILITY, A PERSONAL CARE HOME, AN
8 INDEPENDENT LONG-TERM CARE FACILITY OR AN INTERMEDIATE CARE
9 FACILITY FOR INDIVIDUALS WITH INTELLECTUAL DISABILITIES THAT:
10 (I) ARE LICENSED BY THE DEPARTMENT OR THE DEPARTMENT
11 OF HUMAN SERVICES;
12 (II) HAVE SIGNIFICANT RESPONSIBILITY FOR MANAGING
13 THE HEALTH CARE AND WELL-BEING OF THE PATIENT; AND
14 (III) WERE DESIGNATED BY THE RESIDENTIAL FACILITY TO
15 PROVIDE CARE TO A PATIENT WHO HAS PROVIDED AUTHORIZATION
16 FOR THE DESIGNATION.
17 * * *
18 "Continuing care." Treating a patient, in the course of
19 which the practitioner has completed a full assessment of the
20 patient's medical history and current medical condition,
21 including [an in-person] a consultation with the patient.
22 * * *
23 "Person." Any natural person, corporation, foundation, <--
24 organization, business trust, estate, limited liability company,
25 licensed corporation, trust, partnership, limited liability
26 partnership, association or other form of legal business entity.
27 "EXCIPIENTS." SOLVENTS, CHEMICALS OR MATERIALS REPORTED BY A <--
28 MEDICAL MARIJUANA ORGANIZATION AND APPROVED BY THE DEPARTMENT
29 FOR USE IN THE PROCESSING OF MEDICAL MARIJUANA.
30 * * *
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 1 "HARVEST BATCH." A SPECIFICALLY IDENTIFIED QUANTITY OF
2 MEDICAL MARIJUANA PLANT THAT IS UNIFORM IN STRAIN, CULTIVATED
3 UTILIZING THE SAME GROWING PRACTICES, HARVESTED AT THE SAME TIME
4 AND AT THE SAME LOCATION AND CURED UNDER UNIFORM CONDITIONS.
5 "HARVEST LOT." A SPECIFICALLY IDENTIFIED QUANTITY OF MEDICAL
6 MARIJUANA PLANT TAKEN FROM A HARVEST BATCH.
7 * * *
8 "MEDICAL MARIJUANA PRODUCT." THE FINAL FORM AND DOSAGE OF
9 MEDICAL MARIJUANA THAT IS GROWN, PROCESSED, PRODUCED, SEALED,
10 LABELED AND TESTED BY A GROWER/PROCESSOR AND SOLD TO A
11 DISPENSARY.
12 * * *
13 "PROCESS LOT." AN AMOUNT OF A MEDICAL MARIJUANA PRODUCT OF
14 THE SAME TYPE AND PROCESSED USING THE SAME MEDICAL MARIJUANA
15 EXTRACT, STANDARD OPERATING PROCEDURES AND THE SAME OR
16 COMBINATION OF DIFFERENT HARVEST LOTS.
17 * * *
18 "RESEARCH INITIATIVE." A NONPATIENT INVESTIGATION NOT
19 SUBJECT TO INSTITUTIONAL REVIEW BOARD OR RESEARCH APPROVAL
20 COMMITTEE APPROVAL REQUIREMENTS OF A PATIENT-BASED RESEARCH
21 PROGRAM, PROJECT OR STUDY, CONDUCTED BY AN ACADEMIC CLINICAL
22 RESEARCH CENTER AND ITS CONTRACTED CLINICAL REGISTRANT.
23 * * *
24 "SERIOUS MEDICAL CONDITION." ANY OF THE FOLLOWING:
25 (1) CANCER, INCLUDING REMISSION THERAPY.
26 (2) POSITIVE STATUS FOR HUMAN IMMUNODEFICIENCY VIRUS OR
27 ACQUIRED IMMUNE DEFICIENCY SYNDROME.
28 (3) AMYOTROPHIC LATERAL SCLEROSIS.
29 (4) PARKINSON'S DISEASE.
30 (5) MULTIPLE SCLEROSIS.
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 1 (6) DAMAGE TO THE NERVOUS TISSUE OF THE [SPINAL CORD]
2 CENTRAL NERVOUS SYSTEM (BRAIN-SPINAL CORD) WITH OBJECTIVE
3 NEUROLOGICAL INDICATION OF INTRACTABLE SPASTICITY AND OTHER
4 ASSOCIATED NEUROPATHIES.
5 (7) EPILEPSY.
6 (8) INFLAMMATORY BOWEL DISEASE.
7 (9) NEUROPATHIES.
8 (10) HUNTINGTON'S DISEASE.
9 (11) CROHN'S DISEASE.
10 (12) POST-TRAUMATIC STRESS DISORDER.
11 (13) INTRACTABLE SEIZURES.
12 (14) GLAUCOMA.
13 (15) SICKLE CELL ANEMIA.
14 (16) SEVERE CHRONIC OR INTRACTABLE PAIN OF NEUROPATHIC
15 ORIGIN OR SEVERE CHRONIC OR INTRACTABLE PAIN [IN WHICH
16 CONVENTIONAL THERAPEUTIC INTERVENTION AND OPIATE THERAPY IS
17 CONTRAINDICATED OR INEFFECTIVE].
18 (17) AUTISM.
19 (18) OTHER CONDITIONS THAT ARE RECOMMENDED BY THE
20 ADVISORY BOARD AND APPROVED BY THE SECRETARY UNDER SECTION
21 1202.
22 "SYNCHRONOUS INTERACTION." A TWO-WAY OR MULTIPLE-WAY
23 EXCHANGE OF INFORMATION BETWEEN A PATIENT AND A HEALTH CARE
24 PROVIDER THAT OCCURS IN REAL TIME VIA AUDIO OR VIDEO
25 CONFERENCING.
26 * * *
27 Section 2. Sections 302(b), 303(b)(4), 405, 502(b), 602(a) <--
28 (4) AND (7), 609 AND 614 of the act are amended to read: <--
29 Section 302. Confidentiality and public disclosure. <--
30 * * *
20210HB1024PN1936 - 5 -
 1 (b) Public information.--The following records are public
2 records and shall be subject to the Right-to-Know Law:
3 (1) Applications for permits submitted by medical
4 marijuana organizations.
5 (2) The names, business addresses and medical
6 credentials of practitioners authorized to provide
7 certifications to patients to enable them to obtain and use
8 medical marijuana in this Commonwealth. All other
9 practitioner registration information shall be confidential
10 and exempt from public disclosure under the Right-to-Know
11 Law.
12 (3) Information relating to penalties or other
13 disciplinary actions taken against a medical marijuana
14 organization or practitioner by the department for violation
15 of this act.
16 (4) The names of the individuals retained by the
17 department to review applications submitted by a medical
18 marijuana organization seeking a permit.
19 Section 303. Lawful use of medical marijuana.
20 * * *
21 (b) Requirements.--The lawful use of medical marijuana is
22 subject to the following:
23 * * *
24 [(4) An individual may not act as a caregiver for more
25 than five patients.]
26 * * *
27 Section 405. Duration.
28 Receipt of medical marijuana by a patient or caregiver from a
29 dispensary may not exceed a [30-day] 90-day supply of individual
30 doses. During the last seven days of any 30-day period during
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 1 the term of the identification card, a patient may obtain and
2 possess a [30-day] 90-day supply for the subsequent 30-day
3 period. Additional [30-day] 90-day supplies may be provided in
4 accordance with this section for the duration of the authorized
5 period of the identification card unless a shorter period is
6 indicated on the certification.
7 Section 502. Caregivers.
8 * * *
9 (b) Criminal history.--A caregiver who has not been
10 previously approved by the department under this section shall
11 submit fingerprints for the purpose of obtaining criminal
12 history record checks, and the Pennsylvania State Police or its
13 authorized agent shall submit the fingerprints to the Federal
14 Bureau of Investigation for the purpose of verifying the
15 identity of the applicant and obtaining a current record of any
16 criminal arrests and convictions. Any criminal history record
17 information relating to a caregiver obtained under this section
18 by the department may be interpreted and used by the department
19 only to determine the applicant's character, fitness and
20 suitability to serve as a caregiver under this act. The criminal
21 history record information provided under this subsection may
22 not be subject to the limitations under 18 Pa.C.S. § 9121(b)(2)
23 (relating to general regulations). The department shall also
24 review the prescription drug monitoring program relating to the
25 caregiver. The department shall deny the application of a
26 caregiver who has been convicted of a criminal offense that
27 occurred within the past five years relating to the sale or
28 possession of drugs, narcotics or controlled substances. The
29 department may deny an application if the applicant has a
30 history of drug abuse or of diverting controlled substances or
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 1 illegal drugs.
2 Section 602. Permits.
3 (a) Application.--An application for a grower/processor or
4 dispensary permit to grow, process or dispense medical marijuana
5 shall be in a form and manner prescribed by the department and
6 shall include:
7 * * *
8 (4) A criminal history record check. Medical marijuana
9 organizations applying for a permit shall submit fingerprints
10 of principals, financial backers, operators and employees to
11 the Pennsylvania State Police for the purpose of obtaining
12 criminal history record checks and the Pennsylvania State
13 Police or its authorized agent shall submit the fingerprints
14 to the Federal Bureau of Investigation for the purpose of
15 verifying the identity of the principals, financial backers,
16 operators and employees and obtaining a current record of any
17 criminal arrests and convictions. Any criminal history record
18 information relating to principals, financial backers,
19 operators and employees obtained under this section by the
20 department may be interpreted and used by the department only
21 to determine the principal's, financial backer's, operator's
22 and employee's character, fitness and suitability to serve as
23 a principal, financial backer, operator and employee under
24 this act. The criminal history record information provided
25 under this subsection may not be subject to the limitations
26 under 18 Pa.C.S. § 9121(b)(2) (relating to general
27 regulations). AFTER SUBMISSION OF REQUIRED DOCUMENTATION TO <--
28 THE DEPARTMENT, MEDICAL MARIJUANA ORGANIZATIONS MAY ALLOW
29 EMPLOYEES TO WORK IN A SUPERVISED CAPACITY UNTIL THE
30 DEPARTMENT FORMALLY APPROVES THE EMPLOYEE'S AFFILIATION WITH
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 1 THE MEDICAL MARIJUANA ORGANIZATION. ANY EMPLOYEE WHO THE
2 DEPARTMENT DETERMINES TO BE UNABLE TO MEET THE AFFILIATION
3 REQUIREMENTS UNDER SECTION 614 SHALL BE TERMINATED BY THE
4 MEDICAL MARIJUANA ORGANIZATION IMMEDIATELY. This paragraph
5 shall not apply to an owner of securities in a publicly
6 traded corporation or an owner of 5% or less in a privately
7 held business entity if the department determines that the
8 owner of the securities is not substantially involved in the
9 activities of the medical marijuana organization.
10 * * *
11 (7) A STATEMENT THAT THE APPLICANT: <--
12 [(I) IS OF GOOD MORAL CHARACTER. FOR PURPOSES OF
13 THIS SUBPARAGRAPH, AN APPLICANT SHALL INCLUDE EACH
14 FINANCIAL BACKER, OPERATOR, EMPLOYEE AND PRINCIPAL OF THE
15 MEDICAL MARIJUANA ORGANIZATION.]
16 (II) POSSESSES THE ABILITY TO OBTAIN IN AN
17 EXPEDITIOUS MANNER THE RIGHT TO USE SUFFICIENT LAND,
18 BUILDINGS AND OTHER PREMISES AND EQUIPMENT TO PROPERLY
19 CARRY ON THE ACTIVITY DESCRIBED IN THE APPLICATION AND
20 ANY PROPOSED LOCATION FOR A FACILITY.
21 (III) IS ABLE TO MAINTAIN EFFECTIVE SECURITY AND
22 CONTROL TO PREVENT DIVERSION, ABUSE AND OTHER ILLEGAL
23 CONDUCT RELATING TO MEDICAL MARIJUANA.
24 (IV) IS ABLE TO COMPLY WITH ALL APPLICABLE
25 COMMONWEALTH LAWS AND REGULATIONS RELATING TO THE
26 ACTIVITIES IN WHICH IT INTENDS TO ENGAGE UNDER THIS ACT.
27 * * *
28 Section 609. Relocation.
29 (a) Authorization.--The department may approve an
30 application from a medical marijuana organization to relocate
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 1 within this Commonwealth or to add or delete activities or
2 facilities.
3 (b) Designations.--Notwithstanding the provisions of
4 subsection (a), a dispensary may interchange the designation of
5 a primary, secondary or tertiary location at any time, including
6 the period before a location becomes operational, by providing
7 written notice to the department at least 14 days before the
8 change in designation. A change in designation under this
9 subsection may not be subject to approval by the department.
10 Section 614. Convictions prohibited.
11 (A) PROHIBITIONS.--The following individuals may not hold <--
12 volunteer positions or positions with remuneration in or be
13 affiliated with a medical marijuana organization, including a
14 clinical registrant under Chapter 20, in any way if the
15 individual has been convicted of any felony criminal offense
16 related to [the sale or possession of illegal drugs, narcotics <--
17 or controlled substances:] THE MANUFACTURE, DELIVERY OR <--
18 POSSESSION W