PRINTER'S NO. 924
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 835
Session of
2023
INTRODUCED BY REGAN AND BREWSTER, JUNE 20, 2023
REFERRED TO LAW AND JUSTICE, JUNE 20, 2023
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 program established, for
15 confidentiality and public disclosure, for lawful use of
16 medical marijuana and for unlawful use of medical marijuana;
17 in practitioners, further providing for practitioner
18 registration, for practitioner restrictions, for issuance of
19 certification and for duration; in patients, further
20 providing for identification cards, for verification and for
21 contents of identification card; in medical marijuana
22 organizations, further providing for granting of permit, for
23 relocation and for limitations on permits; in medical
24 marijuana controls, further providing for electronic
25 tracking, for grower/processors, for storage and
26 transportation, for laboratory and for prices and providing
27 for recalls; in dispensaries, further providing for
28 dispensing to patients and caregivers and for facility
29 requirements; in tax on medical marijuana, further providing
30 for Medical Marijuana Program Fund; in Medical Marijuana
31 Advisory Board, further providing for advisory board; in
32 research program, further providing for establishment of
33 medical marijuana research program, for medical marijuana
34 research program administration and for approval; in academic
35 clinical research centers and clinical registrants, further
 1 providing for legislative findings and declaration of policy,
2 for definitions and for clinical registrants and providing
3 for termination of contract; and, in miscellaneous
4 provisions, further providing for applicability.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. The definitions of "certified medical use,"
8 "excipients," "harvest batch," "harvest lot," "patient,"
9 "process lot" and "serious medical condition" in section 103 of
10 the act of April 17, 2016 (P.L.84, No.16), known as the Medical
11 Marijuana Act, are amended and the section is amended by adding
12 a definition to read:
13 Section 103. Definitions.
14 The following words and phrases when used in this act shall
15 have the meanings given to them in this section unless the
16 context clearly indicates otherwise:
17 * * *
18 "Certified medical use." The acquisition, possession, use or
19 transportation of medical marijuana by a patient, or the
20 acquisition, possession, delivery, transportation or
21 administration of medical marijuana by a caregiver, for use [as
22 part of the treatment of the patient's serious medical
23 condition, as authorized in a certification under this act,
24 including enabling the patient to tolerate treatment for the
25 serious medical condition] by the patient as authorized in a
26 certification under this act.
27 * * *
28 "Excipients." Solvents, chemicals or materials reported by a
29 medical marijuana organization [and approved by] to the
30 department for use in the processing of medical marijuana.
31 * * *
32 ["Harvest batch." A specifically identified quantity of
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 1 medical marijuana plant that is uniform in strain, cultivated
2 utilizing the same growing practices, harvested at the same time
3 and at the same location and cured under uniform conditions.
4 "Harvest lot." A specifically identified quantity of medical
5 marijuana plant taken from a harvest batch.]
6 * * *
7 "Office." The Office of Medical Marijuana within the
8 department.
9 "Patient." An individual who:
10 (1) has a [serious] medical condition;
11 (2) has met the requirements for certification under
12 this act; and
13 (3) is a resident of this Commonwealth.
14 * * *
15 "Process lot." An amount of a medical marijuana product of
16 the same type and processed using the same medical marijuana
17 extract, standard operating procedures [and the same or
18 combination of different harvest lots].
19 * * *
20 ["Serious medical condition." Any of the following:
21 (1) Cancer, including remission therapy.
22 (2) Positive status for human immunodeficiency virus or
23 acquired immune deficiency syndrome.
24 (3) Amyotrophic lateral sclerosis.
25 (4) Parkinson's disease.
26 (5) Multiple sclerosis.
27 (6) Damage to the nervous tissue of the central nervous
28 system (brain-spinal cord) with objective neurological
29 indication of intractable spasticity and other associated
30 neuropathies.
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 1 (7) Epilepsy.
2 (8) Inflammatory bowel disease.
3 (9) Neuropathies.
4 (10) Huntington's disease.
5 (11) Crohn's disease.
6 (12) Post-traumatic stress disorder.
7 (13) Intractable seizures.
8 (14) Glaucoma.
9 (15) Sickle cell anemia.
10 (16) Severe chronic or intractable pain of neuropathic
11 origin or severe chronic or intractable pain.
12 (17) Autism.
13 (18) Other conditions that are recommended by the
14 advisory board and approved by the secretary under section
15 1202.]
16 * * *
17 Section 2. Section 301(a) introductory paragraph, (4)(v),
18 (9), (13) and (14) of the act are amended, the subsection is
19 amended by adding a paragraph and the section is amended by
20 adding a subsection to read:
21 Section 301. Program established.
22 (a) Establishment.--A medical marijuana program for patients
23 suffering from [serious] medical conditions is established. The
24 program shall be implemented and administered by the department.
25 The department shall:
26 * * *
27 (4) Establish and maintain an electronic database to
28 include activities and information relating to medical
29 marijuana organizations, certifications and identification
30 cards issued, practitioner registration and electronic
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 1 tracking of all medical marijuana as required under this act
2 to include:
3 * * *
4 (v) [The] Two-way communication between the database
5 and the tracking system under section 701 [must include
6 information under section 801(a) and any other
7 information required by the department to be used by the
8 department and dispensaries to enable a dispensary to
9 lawfully provide medical marijuana. The tracking system
10 and database shall be capable of providing information in
11 real time. The database shall be capable of receiving
12 information from a dispensary regarding the disbursement
13 of medical marijuana to patients and caregivers. This
14 information shall be immediately accessible to the
15 department and other dispensaries to inhibit diversion
16 and ensure compliance with this act.] with immediate
17 access by the department and dispensaries to information,
18 including all of the following:
19 (A) Receipts as required under section 801(a)
20 and (c).
21 (B) Supply and form of medical marijuana
22 limitations requiring verification by dispensaries
23 under section 801(g).
24 (C) Any other information required by the
25 department to be used by the department and
26 dispensaries to enable a dispensary to lawfully
27 provide medical marijuana or to inhibit diversion and
28 ensure compliance with this act.
29 * * *
30 (9) Establish a program to authorize the use of medical
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 1 marijuana to conduct medical research relating to the use of
2 medical marijuana to treat [serious] medical conditions,
3 including the collection of data and the provision of
4 research grants.
5 * * *
6 (13) Develop recordkeeping requirements for all books,
7 papers, any electronic database or tracking system data and
8 other information of a medical marijuana organization.
9 Information shall be retained for a minimum period of [four
10 years] 180 days unless otherwise provided by the department.
11 [(14) Restrict the advertising and marketing of medical
12 marijuana, which shall be consistent with the Federal
13 regulations governing prescription drug advertising and
14 marketing.]
15 (15) Define and publish within 30 days of the effective
16 date of this paragraph guidelines for and monitor the
17 advertising and marketing of medical marijuana in accordance
18 with the following:
19 (i) Medical marijuana organizations must follow the
20 guidelines.
21 (ii) Advertising or marketing materials produced by
22 or for a medical marijuana organization shall:
23 (A) Not require preapproval by the department.
24 (B) Be free of names, colors and images that
25 would be attractive to individuals under 21 years of
26 age.
27 (C) Only be placed where the audience is
28 reasonably expected to be 21 years of age or older.
29 (D) Comply with local ordinances pertaining to
30 signs and advertising.
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 1 (iii) Permitted activities shall include the
2 development of and ability to provide and sell medical
3 marijuana organization branded materials.
4 * * *
5 (c) Office of Medical Marijuana.--The department shall
6 establish an Office of Medical Marijuana in accordance with the
7 following:
8 (1) The office shall oversee the Medical Marijuana
9 Program.
10 (2) A full-time director of the office shall be
11 appointed by the Governor, subject to the consent of a
12 majority of the members elected to the Senate.
13 Section 2.1. Section 302(a)(5) of the act is amended and the
14 section is amended by adding a subsection to read:
15 Section 302. Confidentiality and public disclosure.
16 (a) Patient information.--The department shall maintain a
17 confidential list of patients and caregivers to whom it has
18 issued identification cards. All information obtained by the
19 department relating to patients, caregivers and other applicants
20 shall be confidential and not subject to public disclosure,
21 including disclosure under the act of February 14, 2008 (P.L.6,
22 No.3), known as the Right-to-Know Law, including:
23 * * *
24 (5) Information relating to the patient's [serious]
25 medical condition.
26 * * *
27 (c) Administration.--Nothing in this section shall preclude
28 aggregation of de-identified data for research purposes,
29 operational key performance measures or sharing of the data for
30 the sole purpose of administering services to patients through a
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 1 service provider who is contractually obligated to not use the
2 data for anything other than services provided to a medical
3 marijuana organization.
4 Section 3. Section 303(b)(2), (3) and (8) of the act are
5 amended and the subsection is amended by adding paragraphs to
6 read:
7 Section 303. Lawful use of medical marijuana.
8 * * *
9 (b) Requirements.--The lawful use of medical marijuana is
10 subject to the following:
11 * * *
12 (2) [Subject to regulations promulgated under this act,
13 medical] Medical marijuana may only be dispensed to a patient
14 or caregiver in the following forms:
15 [(i) pill;
16 (ii) oil;
17 (iii) topical forms, including gels, creams or
18 ointments;
19 (iv) a form medically appropriate for administration
20 by vaporization or nebulization, excluding dry leaf or
21 plant form until dry leaf or plant forms become
22 acceptable under regulations adopted under section 1202;
23 (v) tincture; or
24 (vi) liquid.
25 (3) Unless otherwise provided in regulations adopted by
26 the department under section 1202, medical marijuana may not
27 be dispensed to a patient or a caregiver in dry leaf or plant
28 form.]
29 (i) Infused edible forms meant to be chewed,
30 dissolved, taken sublingually or swallowed. This includes
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 1 oil, tincture, capsules, tablets, gummies, liquids,
2 including beverages, and other ingestible forms.
3 (ii) Infused nonedible forms, including gels,
4 creams, patches and ointments.
5 (iii) Forms for administration by inhalation,
6 vaporization or nebulization, including flower and plant
7 materials.
8 * * *
9 (8) Products packaged by a grower/processor or sold by a
10 dispensary shall [only] be identified by the name of the
11 grower/processor, the name of the dispensary, the form and
12 species of medical marijuana, the percentage of
13 tetrahydrocannabinol and cannabinol contained in the product
14 and any other labeling [required by the department.] deemed
15 necessary by the medical marijuana organization.
16 (9) Grower/processors and dispensaries may source and
17 sell ancillary devices used to administer medical marijuana.
18 (10) The department shall publish guidelines for
19 packaging and labeling of medical marijuana. Preapproval of
20 packaging and labels by the department shall not be required.
21 All packaging shall be childproof and free of names, colors
22 and images that would be attractive to individuals under 21
23 years of age and packaging that will be in contact with the
24 medical marijuana must be food grade.
25 Section 4. Sections 304(b), 401(a) and (c), 402(a), 403(a)
26 (2) and (3) and (b), 405, 501(c), (d), (e) and (h), 503.1, 508,
27 603(d) and 609(a) of the act are amended to read:
28 Section 304. Unlawful use of medical marijuana.
29 * * *
30 (b) Unlawful use described.--It is unlawful to:
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 1 [(1) Smoke medical marijuana.
2 (2) Except as provided under subsection (c), incorporate
3 medical marijuana into edible form.]
4 (3) Grow medical marijuana unless the grower/processor
5 has received a permit from the department under this act.
6 (4) Grow or dispense medical marijuana unless authorized
7 as a health care medical marijuana organization under Chapter
8 19.
9 (5) Dispense medical marijuana unless the dispensary has
10 received a permit from the department under this act.
11 * * *
12 Section 401. Practitioner registration.
13 (a) Eligibility.--A physician included in the registry is
14 authorized to issue certifications to patients to use medical
15 marijuana. To be eligible for inclusion in the registry a
16 physician must:
17 (1) [A physician must apply] Apply for registration in
18 the form and manner required by the department.
19 (2) [The department must determine that the physician
20 is, by] By training or experience, be qualified to treat [a
21 serious medical condition] medical conditions. The physician
22 shall provide documentation of credentials, training or
23 experience as required by the department.
24 (3) [The physician must have] Have successfully
25 completed the course under section 301(a)(6).
26 * * *
27 (c) Practitioner requirements.--A practitioner included in
28 the registry shall have an ongoing responsibility to immediately
29 notify the department in writing if [the practitioner knows or
30 has reason to know that any of the f