PRINTER'S NO. 1148
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 473
Session of
2021
INTRODUCED BY LAUGHLIN, STREET, BOSCOLA, KANE, KEARNEY, SCHWANK
AND COMITTA, OCTOBER 18, 2021
REFERRED TO LAW AND JUSTICE, OCTOBER 18, 2021
AN ACT
1 Amending Titles 35 (Health and Safety) and 75 (Vehicles) of the
2 Pennsylvania Consolidated Statutes, providing for adult use
3 cannabis, for medical marijuana, for lawful use and authority
4 and for personal use of cannabis, establishing the Cannabis
5 Regulatory Control Board, providing for regulation of
6 cannabis business establishment, for advertising, marketing,
7 packaging and labeling, for taxes and for cannabis clean
8 slate; and, in driving after imbibing alcohol or utilizing
9 drugs, further providing for driving under influence of
10 alcohol or controlled substance and for authorized use not a
11 defense.
12 The General Assembly of the Commonwealth of Pennsylvania
13 hereby enacts as follows:
14 Section 1. Title 35 of the Pennsylvania Consolidated
15 Statutes is amended by adding a part to read:
16 PART VII
17 CANNABIS
18 Chapter
19 92. Adult Use
20 94. Medical Marijuana
21 CHAPTER 92
22 ADULT USE
 1 Subchapter
2 A. Preliminary Provisions
3 B. Lawful Use and Authority
4 C. Personal Use of Cannabis
5 D. Cannabis Regulatory Control Board
6 E. Social and Economic Equity
7 F. Regulation of Cannabis Business Establishment
8 G. Enforcement and Immunities
9 H. Laboratory Testing
10 I. Advertising, Marketing, Packaging and Labeling
11 J. General Provisions
12 K. Taxes
13 L. Cannabis Clean Slate
14 M. Miscellaneous Provisions
15 SUBCHAPTER A
16 PRELIMINARY PROVISIONS
17 Sec.
18 9201. Scope of chapter.
19 9202. Definitions.
20 § 9201. Scope of chapter.
21 This chapter relates to the adult use of marijuana in this
22 Commonwealth.
23 § 9202. Definitions.
24 The following words and phrases when used in this chapter
25 shall have the meanings given to them in this section unless the
26 context clearly indicates otherwise:
27 "Adult use cultivation center." A facility operated by an
28 organization or business that is permitted by the board to
29 cultivate, process, transport and perform other necessary
30 activities to provide cannabis and cannabis-infused products to
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 1 cannabis business establishments.
2 "Adult use cultivation center permit." A permit issued by
3 the board that permits an entity to act as a cultivation and
4 processing center under this chapter or any regulation
5 promulgated in accordance with this chapter and may also offer
6 home delivery services where cannabis and cannabis-infused
7 products, with board approval, are delivered directly to a
8 customer or patient.
9 "Adult use dispensary." A dispensary licensed under this
10 chapter.
11 "Adult use dispensing organization." A facility operated by
12 an organization or business that is permitted by the board to
13 acquire cannabis from a cultivation center or other dispensary
14 for the purpose of selling or dispensing cannabis, cannabis
15 concentrates, cannabis-infused products, cannabis seeds,
16 paraphernalia or related supplies under this chapter to
17 purchasers or to qualified registered medical cannabis patients
18 and caregivers. The term includes a registered dispensary as
19 defined under Chapter 94 (relating to medical marijuana) that
20 has obtained an adult use dispensing organization permit.
21 "Adult use dispensing organization permit." A permit issued
22 by the board that permits a person to act as an adult use
23 dispensing organization under this chapter or any regulation
24 promulgated in accordance with this chapter.
25 "Advertise." To engage in promotional activities, including
26 newspaper, radio, Internet and electronic media and television
27 advertising. The term includes the distribution of fliers and
28 circulars, billboard advertising and the display of window
29 signs. The term does not include exterior signage displaying
30 only the name of the permitted cannabis business establishment.
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 1 "Agent." A principal officer, board member, employee or
2 other agent of a cannabis business establishment who is 21 years
3 of age or older.
4 "Applicant." An individual or entity applying for a permit
5 under this chapter.
6 "Appointing power." A person holding one of the five
7 positions entitled to appoint a board member.
8 "Board." The Cannabis Regulatory Control Board established
9 under Subchapter D (relating to Cannabis Regulatory Control
10 Board).
11 "Cannabis." Marijuana, hashish and other substances that are
12 identified as including any parts of the plant Cannabis sativa
13 and including derivatives or subspecies, such as indica, of all
14 strains of cannabis, whether growing or not, including the
15 seeds, resin extracted from any part of the plant and any
16 compound, manufacture, salt, derivative, mixture or preparation
17 of the plant. The term includes tetrahydrocannabinol (THC) and
18 all other naturally produced cannabinol derivatives, whether
19 produced directly or indirectly by extraction, including any
20 structural, optical or geometric isomers of
21 tetrahydrocannabinol, cannabis flower, concentrate and cannabis-
22 infused products. The term does not include the mature stalks of
23 the plant, fiber produced from the stalks, oil or cake made from
24 the seeds of the plant, any other compound, manufacture, salt,
25 derivative, mixture or preparation of the mature stalks, the
26 sterilized seed of the plant that is incapable of germination or
27 industrial hemp as defined in 3 Pa.C.S. § 702 (relating to
28 definitions).
29 "Cannabis Business Development Fund." The fund established
30 under section 9227 (relating to Cannabis Business Development
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 1 Fund).
2 "Cannabis business establishment." An individual or entity
3 holding a permit issued by the board to cultivate, process,
4 dispense, infuse or transport cannabis, including adult use
5 dispensing organizations, adult use cultivation centers and
6 social and economic equity dispensing organization charter
7 permit holders.
8 "Cannabis business establishment agent identification card."
9 An identification card held by an authorized agent of an adult
10 use dispensing organization, a social and economic equity
11 dispensing organization charter permit holder, a micro
12 cultivation center or an adult use cultivation center.
13 "Cannabis concentrate." A product derived from cannabis that
14 is produced by extracting cannabinoids, including
15 tetrahydrocannabinol (THC), from the plant through the use of
16 propylene glycol, glycerin, butter, olive oil or other typical
17 cooking fats, water, ice, dry ice, butane, propane, CO2, ethanol
18 or isopropanol with the intended use of smoking, vaping or
19 making a cannabis-infused product. The term includes a product
20 derived from cannabis that is produced by means of heat and
21 pressure or mechanical separations.
22 "Cannabis container." A sealed, resealable, child-resistant
23 and traceable container or package used for the purpose of
24 containment of cannabis, cannabis concentrate or a cannabis-
25 infused product during transportation.
26 "Cannabis flower." Marijuana, hashish and other substances
27 identified as including any parts of the plant Cannabis sativa
28 and including derivatives or subspecies, such as indica, of all
29 strains of cannabis, including raw kief, leaves and buds. The
30 term does not include resin that has been extracted from any
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 1 part of the plant or any compound, manufacture, salt,
2 derivative, mixture or preparation of the plant, the plant's
3 seeds or resin.
4 "Cannabis-infused product." A beverage, food, oil, ointment,
5 tincture, topical formulation or another product containing
6 cannabis or cannabis concentrate that is not intended to be
7 smoked or otherwise inhaled. The term includes edibles.
8 "Cannabis paraphernalia." Equipment, products or materials
9 intended to be used for planting, propagating, cultivating,
10 growing, harvesting, manufacturing, producing, processing,
11 preparing, testing, analyzing, packaging, repackaging, storing,
12 containing, concealing, ingesting or otherwise introducing
13 cannabis into the human body.
14 "Cannabis plant monitoring system" or "plant monitoring
15 system." A system that includes testing and data collection
16 established and maintained by the cultivation center or craft
17 grower and that is available to the Department of Revenue, the
18 board and the Pennsylvania State Police for the purposes of
19 documenting each cannabis plant and monitoring plant development
20 throughout the life cycle of a cannabis plant cultivated for the
21 intended use by a customer from seed planting to final
22 packaging.
23 "Cannabis Regulation Fund." The fund established under
24 section 9287 (relating to Cannabis Regulation Fund and
25 distribution of taxes).
26 "Cannabis testing facility." An entity registered by the
27 board to test cannabis for potency and contaminants.
28 "Charter agent identification card." A document issued by
29 the social and economic equity dispensing charter permittee that
30 identifies an individual as a social and economic equity
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 1 dispensing charter agent.
2 "Charter agreement." An agreement between a social and
3 economic equity applicant and an adult use dispensing
4 organization in which the adult use dispensing organization
5 agrees to provide financial, mentorship, training, operational
6 and other support to the social and economic equity applicant.
7 "Clone." A plant section from a female cannabis plant not
8 yet rootbound, growing in a water solution or other propagation
9 matrix, that can develop into a new plant.
10 "Controlled substance." The term shall not include cannabis
11 or cannabis products as defined in this chapter or Chapter 94.
12 "Cultivation center agent." A principal officer, board
13 member, employee or other agent of a cultivation center who is
14 21 years of age or older.
15 "Cultivation center agent identification card." A document
16 authorized by the board that identifies a person as a
17 cultivation center agent.
18 "Curbside." The transfer or dispensing of cannabis or a
19 cannabis product by an employee of a cannabis business
20 establishment to a vehicle located in the parking area or to an
21 individual at the entrance of the facility.
22 "Dispensary." A facility operated by an adult use dispensing
23 organization under this chapter.
24 "Dispensing organization agent." A principal officer,
25 employee or agent of an adult use dispensing organization who is
26 21 years of age or older.
27 "Dispensing organization agent identification card." A
28 document authorized by the board that identifies a person as an
29 adult use dispensing organization agent.
30 "Disproportionately impacted area." A census tract that
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 1 satisfies criteria as determined by the board and that meets at
2 least one of the following criteria:
3 (1) the area has a poverty rate of at least 20%
4 according to the latest Federal decennial census;
5 (2) 75% or more of the children in the area participate
6 in the Federal free lunch program according to reported
7 statistics from the State Board of Education;
8 (3) at least 20% of the households in the area receive
9 assistance under the Supplemental Nutrition Assistance
10 Program; or
11 (4) the area has an average unemployment rate, as
12 determined by the Department of Labor and Industry, that is
13 more than 120% of the national unemployment average, as
14 determined by the United States Department of Labor, for a
15 period of at least 12 consecutive calendar months preceding
16 the date of the application and has high rates of arrest,
17 conviction and incarceration related to the sale, possession,
18 use, cultivation, manufacture or transport of cannabis.
19 "Edibles." Includes a cannabis-infused product intended for
20 human consumption by oral ingestion, in whole or part, including
21 products dissolved in the mouth.
22 "Enclosed locked facility." A room, greenhouse, building or
23 other enclosed area equipped with locks or other security
24 devices that permit access only to cannabis business
25 establishment agents working for the permitted cannabis business
26 establishment or acting under this chapter to cultivate,
27 process, store or distribute cannabis.
28 "Enclosed locked space." Space within a facility, building
29 or other enclosed area equipped with locks or other security
30 devices that permit access only to authorized individuals under
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 1 this chapter.
2 "Financial institution." A bank, national banking
3 association, bank and trust company, trust company, savings and
4 loan association, building and loan association, mutual savings
5 bank, credit union or savings bank.
6 "Flowering stage." The stage of cultivation where and when a
7 cannabis plant is cultivated to produce plant material for a
8 cannabis product. The term includes mature plants as follows:
9 (1) if more than two stigmas are visible at each
10 internode of the plant; or
11 (2) if the cannabis plant is in an area that has been
12 intentionally deprived of light for a period of time intended
13 to produce flower buds and induce maturation, from the moment
14 the light deprivation began through the remainder of the
15 cannabis plant growth cycle.
16 "Individual." A natural person.
17 "Limited access area." A room or other area under the
18 control of an adult use dispensing organization where cannabis
19 sales occur with access limited to individuals who are 21 years
20 of age or older, purchasers, adult use dispensing organization
21 owners, other dispensing organization agents, service
22 professionals conducting business with the dispensing
23 organization, registered patients and caregivers or other
24 individuals as provided by rule.
25 "Medical marijuana dispensary permit." The term shall have
26 the same meaning as "permit" under section 9403 (relating to
27 definitions).
28 "Medical marijuana grower/processor." The term shall have
29 the same meaning as "grower/processor" under section 9403.
30 "Medical marijuana organization." As defined under section
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 1 9403.
2 "Member of an impacted family." An individual who has a
3 parent, legal guardian, child, spouse or dependent or was a
4 dependent of an individual who, prior to the effective date of
5 this chapter, was arrested for, convicted of or adjudicated
6 delinquent for any offense that is eligible for expungement
7 under this chapter.
8 "Micro cultivation center." A facility operated by an
9 individual or entity that is permitted to cultivate, dry, cure
10 and package cannabis and perform other necessary activities to
11 make cannabis available for sale at an adult use dispensing
12 organization.
13 "Micro cultivation center agent." A principal officer, board
14 member, employee or other agent of a craft grower who is 21
15 years of age or older.
16 "Micro cultivation center permit." An authorization issued
17 by the board to an individual or entity to conduct activities of
18 a micro cultivation center under this chapter.
19 "Minority-owned business." As defined in 74 Pa.C.S. § 303(b)
20 (relating to diverse business participation).
21 "Mother plant." A cannabis plant that is cultivated or
22 maintained for the purpose of generating clones and that will
23 not be used to produce plant material for sale to a cannabis
24 business establishment.
25 "Ordinary public view." Within the sight line with normal
26 visual range of a person, unassisted by visual aids, from a
27 public street or sidewalk adjacent to real property or from
28 within an adjacent property.
29 "Ownership and control." Ownership of at least 51% of the
30 business, including corporate stock if a corporation, and
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 1 control over the management and day-to-day operations of the
2 business and an interest in the capital, assets, profits and
3 losses of the business proportionate to percentage of ownership.
4 "Patient." As defined in section 9403.
5 "Permit." An authorizat