An Act establishing the Cannabis Control Board; providing for powers and duties of the Cannabis Control Board; establishing the Cannabis Regulation Fund; providing for permits and for dispensing cannabis to patients and caregivers; and making repeals.

PRIOR PRINTER'S NOS. 1020, 1506, 1680 PRINTER'S NO. 1805
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 49
Session of
2025
INTRODUCED BY LAUGHLIN, K. WARD, STREET, ARGALL, TARTAGLIONE,
ROBINSON, SCHWANK, MALONE, VOGEL, BARTOLOTTA, KANE, BOSCOLA,
A. WILLIAMS, FONTANA, SAVAL, STEFANO, FLYNN AND PICOZZI,
JUNE 30, 2025
SENATOR PITTMAN, RULES AND EXECUTIVE NOMINATIONS, RE-REPORTED AS
AMENDED, JUNE 9, 2026
AN ACT
Establishing the Cannabis Control Board; providing for powers
and duties of the Cannabis Control Board; establishing the
Cannabis Regulation Fund; providing for permits and for
dispensing cannabis to patients and caregivers; and making
repeals.
TABLE OF CONTENTS
Chapter 1. Preliminary Provisions
Section 101. Short title.
Section 102. Definitions.
Chapter 2. (Reserved)
Chapter 3. Cannabis Control Board
Section 301. Scope of chapter.
Section 302. Definitions.
Section 303. Establishment of board.
Section 304. Code of conduct.
Section 305. Applicability of other statutes.
Section 306. Board meetings.
Section 307. Board records.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
Section 308. Regulations.
Section 309. Powers and duties of board.
Section 310. Confidentiality and public disclosure.
Section 311. Unauthorized activities and civil penalties.
Section 312. Cannabis Regulation Fund.
Section 313. Report of board.
Section 314. Authority.
Section 315. Transfer of authority.
Section 316. Construction.
Chapter 4. (Reserved)
Chapter 5. Permits
Section 501. (Reserved).
Section 502. (Reserved).
Section 503. Warehousing and distribution permit.
Section 504. Third-party transporter permit.
Chapter 6. (Reserved)
Chapter 7. Miscellaneous Provisions
Section 701. Dispensaries.
Section 702. Grower/processors.
Section 703. Repeals.
Section 704. Effective date.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
CHAPTER 1
PRELIMINARY PROVISIONS
Section 101. Short title.
This act shall be known and may be cited as the Cannabis
Control Board Act.
Section 102. Definitions.
The words and phrases used in this act shall have the
20250SB0049PN1805 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
meanings given to them in the act of April 17, 2016 (P.L.84,
No.16), known as the Medical Marijuana Act, unless the context
clearly indicates otherwise.
CHAPTER 2
(Reserved)
CHAPTER 3
CANNABIS CONTROL BOARD
Section 301. Scope of chapter.
This chapter relates to the Cannabis Control Board.
Section 302. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Board." The Cannabis Control Board established under
section 303(a).
"Cannabis." As follows:
(1) Any of the following:
(i) Marijuana, hashish or other substances that are
identified as including any parts of the plant cannabis
sativa and including derivatives or subspecies, such as
indica, of all strains of cannabis, whether growing or
not, including the seeds, resin extracted from any part
of the plant and any compound, manufacture, salt,
derivative, mixture or preparation of the plant. The term
includes THC and all other naturally produced cannabinol
derivatives, whether produced directly or indirectly by
extraction, including delta-7 THC, delta-8 THC, delta-9
THC or any structural, optical or geometric isomers of
tetrahydrocannabinol, cannabis flower, concentrate,
edible and infused products.
20250SB0049PN1805 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(ii) A product intended for human consumption with a
THC concentration, however derived, that is a hemp-
derived cannabinoid product and is excluded from the
definition of "hemp" under this section.
(iii) An intermediate hemp-derived cannabinoid
product which is marketed or sold as a final product or
directly to an end consumer for personal or household
use.
(2) The term does not include the mature stalks of the
plant, fiber produced from the stalks, oil or cake made from
the seeds of the plant or any other compound, manufacture,
salt, derivative, mixture or preparation of the mature
stalks, the sterilized seed of the plant that is incapable of
germination or industrial hemp.
"Cannabis organization." A medical marijuana organization as
defined in the Medical Marijuana Act.
"Container." The innermost wrapping, packaging or vessel in
direct contact with a final hemp-derived cannabinoid product in
which the final hemp-derived cannabinoid product is enclosed for
retail sale to consumers, such as a jar, bottle, bag, box,
packet, can, carton or cartridge. The term does not include bulk
shipping containers or outer wrappings that are not essential
for the final retail delivery or sale to an end consumer for
personal or household use.
"Final hemp-derived cannabinoid product." A hemp-derived
cannabinoid product that is in the final form or preparation
marketed or intended to be used or consumed by a human or
animal. The term does not include an intermediate hemp-derived
cannabinoid product.
"Hemp." The plant Cannabis sativa L. and any part of that
20250SB0049PN1805 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
plant, including the seeds thereof and all derivatives,
extracts, cannabinoids, isomers, acids, salts and salts of
isomers, whether growing or not, with a total
tetrahydrocannabinols concentration, including
tetrahydrocannabinolic acid, of not more than 0.3% on a dry
weight basis. The term:
(1) Includes industrial hemp.
(2) Does not include:
(i) any viable seeds from a Cannabis sativa L. plant
that exceeds a total tetrahydrocannabinols concentration,
including tetrahydrocannabinolic acid, of 0.3% in the
plant on a dry weight basis;
(ii) any intermediate hemp-derived cannabinoid
products containing:
(A) cannabinoids that are not capable of being
naturally produced by a Cannabis sativa L. plant;
(B) cannabinoids that:
(I) are capable of being naturally produced
by a Cannabis sativa L. plant; and
(II) were synthesized or manufactured
outside the plant; or
(C) more than 0.3% combined total of:
(I) total tetrahydrocannabinols, including
tetrahydrocannabinolic acid; and
(II) any other cannabinoids that have
similar effects, or are marketed to have similar
effects, on humans or animals as a
tetrahydrocannabinol as determined by the board;
(iii) any intermediate hemp-derived cannabinoid
products which are marketed or sold as a final product or
20250SB0049PN1805 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
directly to an end consumer for personal or household
use; or
(iv) any final hemp-derived cannabinoid products
containing:
(A) cannabinoids that are not capable of being
naturally produced by a Cannabis sativa L. plant;
(B) cannabinoids that:
(I) are capable of being naturally produced
by a Cannabis sativa L. plant; and
(II) were synthesized or manufactured
outside the plant; or
(C) greater than 0.4 milligrams combined total
per container of:
(I) total tetrahydrocannabinols, including
tetrahydrocannabinolic acid; and
(II) any other cannabinoids that have
similar effects, or are marketed to have similar
effects, on humans or animals as a
tetrahydrocannabinol as determined by the board.
"Hemp-derived cannabinoid product." The following:
(1) Any intermediate or final product derived from hemp,
other than industrial hemp, that:
(i) contains cannabinoids in any form; and
(ii) is intended for human or animal use through any
means of application or administration, such as
inhalation, ingestion or topical application.
(2) The term does not include a drug that is the subject
of an application approved under 21 U.S.C. § 355(c) or (j)
(relating to new drugs).
"Industrial hemp." Hemp:
20250SB0049PN1805 - 6 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(1) grown for the use of the stalk of the plant, fiber
produced from such a stalk or any other non-cannabinoid
derivative, mixture, preparation or manufacture of such a
stalk;
(2) grown for the use of the whole grain, oil, cake,
nut, hull or any other non-cannabinoid compound, derivative,
mixture, preparation or manufacture of the seeds of such
plant;
(3) grown for purposes of producing microgreens or other
edible hemp leaf products intended for human consumption that
are derived from an immature hemp plant that is grown from
seeds that do not exceed the threshold for total
tetrahydrocannabinols concentration specified in the
definition of "hemp";
(4) that is a plant that does not enter the stream of
commerce and is intended to support hemp research at an
institution of higher education as defined in 20 U.S.C. §
1001 (relating to general definition of institution of higher
education) or an independent research institute; or
(5) grown for the use of a viable seed of the plant
produced solely for the production or manufacture of any
material.
"Intermediate hemp-derived cannabinoid product." A hemp-
derived cannabinoid product which:
(1) is not yet in the final form or preparation marketed
or intended to be used or consumed by a human or animal; or
(2) is a powder, liquid, tablet, oil or other product
form which is intended or marketed to be mixed, dissolved,
formulated or otherwise added to or prepared with or into any
other substance prior to administration or consumption.
20250SB0049PN1805 - 7 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
"Medical Marijuana Act." The act of April 17, 2016 (P.L.84,
No.16), known as the Medical Marijuana Act.
"Ownership interest." Owning or holding, or being deemed to
hold, debt or equity securities or other ownership interest or
profit interest.
"THC." A delta-9 tetrahydrocannabinol and any structural,
optical or geometric isomers of tetrahydrocannabinol, including
delta-7, delta-8 and delta-10 tetrahydrocannabiphorol,
hexahydrocannabinol and any other substance, however derived,
that has similar effects on the mind or body as determined by
the board.
"Transaction scan device." A device capable of deciphering,
in an electronically readable format, the information encoded on
the magnetic strip or bar code of a State-issued identification
card.
Section 303. Establishment of board.
(a) Board established.--The Cannabis Control Board is
established as an independent board which shall be a body
corporate and politic.
(b) Membership.--The board shall consist of the following
members:
(1) The following members appointed by the Governor:
(i) An individual with experience in law
enforcement.
(ii) An individual with experience in the medical
field and dealing with addiction.
(iii) An individual with experience in cannabis
matters.
(2) One member appointed by each of the following:
(i) The President pro tempore of the Senate.
20250SB0049PN1805 - 8 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(ii) The Speaker of the House of Representatives.
(iii) The Minority Leader of the Senate.
(iv) The Minority Leader of the House of
Representatives.
(c) Removal.--A member of the board shall be removed from
office by the appointing authority:
(1) for misconduct in office, willful neglect of duty or
conduct evidencing unfitness for office or incompetence; or
(2) upon conviction of an offense graded as a felony, an
infamous crime, an offense under the Medical Marijuana Act or
an equivalent offense under Federal law or the law of another
jurisdiction.
(d) Initial appointments to board.--
(1) Gubernatorial appointees initially appointed under
subsection (b)(1) shall serve an initial term of one, two and
three years respectively as designated by the Governor at the
time of appointment and until their successors are appointed
and qualified.
(2) Legislative appointees initially appointed under
subsection (b)(2) shall serve until the third Tuesday in
January 2027 and until their successors are appointed and
qualified.
(3) An appointment to fill a vacancy created by a member
appointed in accordance with paragraph (1) or (2) shall be
for the remainder of the unexpired term.
(e) Terms of office.--Upon the expiration of a term of a
member appointed under subsection (d), the following shall
apply:
(1) The term of office of a gubernatorial appointee
shall be three years and until a successor is appointed and
20250SB0049PN1805 - 9 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
qualified.
(2) The term of office of a legislative appointee shall
be two years and until a successor is appointed and
qualified.
(3) A gubernatorial appointee shall serve no more than
two full consecutive terms.
(4) A legislative appointee shall serve no more than
three full consecutive terms.
(5) An appointment to fill a vacancy shall be for the
remainder of the unexpired term.
(6) A member appointed to fill a vacancy under paragraph
(3) may serve two full terms following the expiration of the
term related to the vacancy.
(7) A member appointed to fill a vacancy under paragraph
(4) may serve three full terms following the expiration of
the term related to the vacancy.
(f) Ex officio members.--The Secretary of Agriculture, the
Secretary of Health, the Attorney General and the Pennsylvania
State Police Commissioner, or their designees, shall serve on
the board as nonvoting ex officio members of the board. The
designee shall be a deputy secretary or an equivalent position
within the agency.
(g) Executive director of the board.--Within seven days of
the effective date of this subsection, the Governor shall
nominate an interim executive director. The Governor's nominee
shall be subject to Senate confirmation and the Senate shall
hold the confirmation vote within seven days of the nomination.
If the Senate fails to hold the confirmation vote within seven
days of nomination, the Senate shall be deemed to have confirmed
the nominee. If the Senate rejects the nominee, the Governor
20250SB0049PN1805 - 10 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
shall have five days to nominate a second proposed interim
executive director and the Senate shall have five days after the
nomination to hold a confirmation vote. If the Senate fails to
hold a confirmation vote within five days of the nomination, the
Senate shall be deemed to have confirmed the nominee. If the
Senate rejects the nominee, the Governor shall have three days
to nominate a third proposed interim executive director and the
Senate shall have three days after the nomination to hold a
confirmation vote. The process for the third proposed interim
director shall continue until an interim executive director is
confirmed by the Senate. The following shall apply:
(1) The interim executive director may be the permanent
executive director and shall not be prohibited from
employment with the board in any other position.
(2) Between the effective date of this paragraph and
when the board is fully constituted, staffed and operational,
it is the intent of the General Assembly for regulated
materials and regulated activities to be administered by the
interim executive director on a temporary basis.
(3) The interim executive director and executive
director shall be considered employees of the board for
compensation purposes.
(h) Background investigation.--Appointees shall be subject
to a background investigation conducted by the Pennsylvania
State Police in accordance with this act.
(i) Qualifications and restrictions.--
(1) Each member at the time of appointment shall be at
least 25 years of age and shall have been a resident of this
Commonwealth for a period of at least one year immediately
preceding appointment. Each member shall continue to remain a
20250SB0049PN1805 - 11 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
resident of this Commonwealth during the term of membership
on the board.
(2) Except for ex officio members, a person may not be
appointed a member of the board or be employed by or be an
independent contractor of the board if that individual is a
public official or party officer, as those terms are defined
in 4 Pa.C.S. § 1512 (relating to financial and employment
interests), in this Commonwealth or any of its political
subdivisions.
(3) Each member, employee and independent contractor of
the board shall sign an agreement to not disclose
confidential information.
(4) A member, employee or independent contractor of the
board or another agency having regulatory authority over the
board or cannabis organizations may not be employed, hold any
office or position or be engaged in any activity which is
incompatible with the position, employment or contract.
(5) A member may not engage in any business, employment
or vocation for which the member receives a salary,
compensation or fee for services rendered which is in excess
of 15% of the member's gross annual salary as a member of the
board. For purposes of this paragraph, the terms "salary,"
"compensation" and "fee" do not include any of the following:
(i) Passive or unearned income, including interest,
dividends or capital gains from the sale of assets or
securities held for investment purposes.
(ii) Health care benefits or retirement, pension or
annuity payments.
(iii) Amounts received from a family-controlled
trade or business in which both personal services and
20250SB0049PN1805 - 12 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
capital are income-producing factors, provided that the
personal services actually rendered by the member do not
generate a significant amount of income.
(iv) Director's fees attributable to board
membership of a corporate or nonprofit body or board or
reimbursement for expenses incurred in connection with
board membership.
(6) A member may not be paid or receive any fee or other
compensation for any activity related to the duties or
authority of the board other than the salary and expenses
provided by law.
(7) A member, employee or independent contractor of the
board may not participate in a hearing, proceeding or other
matter in which the member, employee or independent
contractor, or an immediate family member thereof, has a
financial interest in the subject matter of the hearing or
proceeding or other interest that could be substantially
affected by the outcome of the hearing or proceeding without
first fully disclosing the nature of the interest to the
board and other persons participating in the hearing or
proceeding. The board shall determine if the interest is a
disqualifying interest that requires the disqualification or
nonparticipation of an employee or independent contractor.
For the purposes of this paragraph, the term "immediate
family" shall mean a spouse, parent, brother, sister or
child.
(8) At the time of appointment and annually thereafter,
each member shall disclose the existence of any financial
interest in any applicant, permitted entity, intermediary,
subsidiary or holding company thereof held by the member or
20250SB0049PN1805 - 13 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
known to be held by the member's immediate family. The
disclosure statement shall be filed with the executive
director of the board and with the appointing authority for
the member and shall be open to inspection by the public at
the office of the board during the normal business hours of
the board for the duration of the member's term and for two
years after the member leaves office. For the purposes of
this paragraph, the term "immediate family" shall mean a
spouse, parent, brother, sister or child.
(9) Prior to being sworn as a member, an appointee and
the appointee's immediate family shall divest any financial
interest in any applicant, permitted entity, intermediary,
subsidiary or holding company thereof owned or held by the
appointee or known to be held by the appointee's immediate
family. For the duration of the member's term and for one
year thereafter, the member and the member's immediate family
may not acquire a financial interest in any applicant,
permitted entity, intermediary, subsidiary or holding company
thereof. For purposes of this paragraph, the term "immediate
family" shall mean a spouse and any minor or unemancipated
child.
(10) Prior to entering into employment or a contract
with the board and annually thereafter, an employee or
independent contractor shall disclose the existence of any
financial interest in any applicant, permitted entity,
intermediary, subsidiary or holding company thereof owned or
held by the employee or independent contractor or known to be
held by the immediate family of the employee or independent
contractor. The disclosure statement shall be filed with the
board and shall be open to inspection by the public at the
20250SB0049PN1805 - 14 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
office of the board during the normal business hours of the
board and for two years after termination of employment or a
contract with the board. For purposes of this paragraph, the
term "immediate family" shall mean a spouse, parent, brother,
sister or child.
(11) Prior to entering into employment or contracting
with the board, an employee or independent contractor and the
employee's or independent contractor's immediate family shall
divest any financial interest in any applicant, permitted
entity, intermediary, subsidiary or holding company thereof,
owned or held by the employee or independent contractor or
known to be held by the immediate family of the employee or
independent contractor. For the duration of the employee's
employment with the board or the independent contractor's
contract with the board and for one year thereafter, the
employee or independent contractor and the immediate family
thereof shall not acquire, by purchase, gift, exchange or
otherwise, any financial interest in any applicant, or
permitted entity, intermediary, subsidiary or holding company
thereof. For purposes of this paragraph, the term "immediate
family" shall mean a spouse and any minor or unemancipated
child.
(12) A member, employee or independent contractor of the
board may not directly or indirectly solicit, request,
suggest or recommend to any applicant, permitted entity,
intermediary, subsidiary or holding company thereof or to any
principal, employee, independent contractor or agent thereof,
the appointment or employment of any person in any capacity
by the applicant, permitted entity, intermediary, subsidiary
or holding company thereof for a period of two years from the
20250SB0049PN1805 - 15 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
termination of term of office, employment or contract with
the board.
(13) A member may not accept employment with any
applicant, permitted entity or an affiliate, intermediary,
subsidiary or holding company thereof for a period of two
years from the termination of term of office.
(14) A former member may not appear before the board in
any hearing or proceeding or participate in any other
activity on behalf of any applicant, permitted entity or an
affiliate, intermediary, subsidiary or holding company of an
applicant or permitted entity, or any other permittee, for a
period of two years from the termination of term of office.
(15) A member who has been convicted during the member's
term in any domestic or foreign jurisdiction of a felony
criminal offense related to the manufacture, delivery or
possession with intent to manufacture or deliver a controlled
substance in violation of the act of April 14, 1972 (P.L.233,
No.64), known as The Controlled Substance, Drug, Device and
Cosmetic Act, shall, upon conviction, be automatically
removed from the board and shall be ineligible to become a
member in the future. If an ex officio member is convicted
during the ex officio member's term in any domestic or
foreign jurisdiction of a felony criminal offense related to
the manufacture, delivery or possession with intent to
manufacture or deliver a controlled substance in violation of
The Controlled Substance, Drug, Device and Cosmetic Act, the
ex officio member shall, upon conviction, be automatically
removed from the board, and a designee shall be designated
under subsection (f) to serve the remainder of the ex officio
member's term.
20250SB0049PN1805 - 16 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(16) The following shall apply to an employee of the
board whose duties substantially involve licensing,
enforcement, development of law, promulgation of regulations
or development of policy relating to cannabis or who has
other discretionary authority which may affect or influence
the outcome of an action, proceeding or decision, including
the executive director, bureau directors and attorneys:
(i) The individual may not, for a period of two
years following termination of employment, accept
employment with or be retained by an applicant or
permitted entity or by an affiliate, intermediary,
subsidiary or holding company of an applicant or
permitted entity.
(ii) The individual may not, for a period of two
years following termination of employment, appear before
the board in any hearing or proceeding or participate in
any activity on behalf of any applicant, permittee or
permitted entity or on behalf of an affiliate,
intermediary, subsidiary or holding company of any
applicant, permittee or permitted entity.
(iii) An applicant or a permitted entity or an
affiliate, intermediary, subsidiary or holding company of
an applicant or a permitted entity may not, until the
expiration of two years following termination of
employment, employ or retain the individual. Violation of
this subparagraph shall result in termination of the
individual's employment and subject the violator to
penalties determined by the board.
(iv) A prospective employee who, upon employment,
would be subject to this paragraph must, as a condition
20250SB0049PN1805 - 17 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
of employment, sign an affidavit that the prospective
employee will not violate subparagraph (i) or (ii). If
the prospective employee fails to sign the affidavit, the
board shall rescind any offer of employment and may not
employ the individual.
(17) The following shall apply to an independent
contractor and to an employee of an independent contractor
whose duties substantially involve consultation relating to
licensing, enforcement, development of law, promulgation of
regulations or development of policy, relating to cannabis:
(i) The person may not, for a period of one year
following termination of the contract with the board, be
retained by an applicant or a permitted entity or by an
affiliate, intermediary, subsidiary or holding company of
an applicant or a permitted entity.
(ii) The person may not, for a period of two years
following termination of the contract with the board,
appear before the board in a hearing or proceeding or
participate in activity on behalf of any applicant,
permittee or permitted entity or on behalf of an
affiliate, intermediary, subsidiary or holding company of
any applicant, permittee or permitted entity.
(iii) An applicant or a permitted entity or an
affiliate, intermediary, subsidiary or holding company of
an applicant or a permittee may not, until the expiration
of one year following termination of the contract with
the board, employ or retain the person. A knowing
violation of this subparagraph shall result in
termination of the person's employment and subject the
violator to penalties determined by the board.
20250SB0049PN1805 - 18 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(iv) Each contract between the board and an
independent contractor which involves the duties provided
under this paragraph shall contain a provision requiring
the independent contractor to sign an affidavit that the
independent contractor will not violate subparagraph (i)
or (ii). If the independent contractor fails to sign the
affidavit, the board may not enter into the contract.
(v) An independent contractor shall require a
prospective employee whose employment would involve the
duties provided under this paragraph to sign an affidavit
that the prospective employee will not violate
subparagraph (i) or (ii). If the prospective employee
fails to sign the affidavit, the independent contractor
shall rescind any offer of employment and may not employ
the individual.
(18) Nothing under paragraph (16) or (17) shall prevent
a current or former employee of the board, a current or
former independent contractor or a current or former employee
of an independent contractor from appearing before the board
in any hearing or proceeding as a witness or testifying as to
any fact or information.
(19) The State Ethics Commission shall issue a written
determination of whether a person is subject to paragraph
(16) or (17) upon the written request of the person or the
person's employer or potential employer. A person that relies
in good faith on a determination issued under this paragraph
shall not be subject to any penalty for an action taken,
provided that all material facts provided in the request for
the determination are correct.
(20) The State Ethics Commission shall publish a list of
20250SB0049PN1805 - 19 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
all employment positions within the board and employment
positions within independent contractors whose duties would
subject the individuals in those positions to the provisions
of paragraphs (16) and (17). The board and each independent
contractor shall assist the State Ethics Commission in the
development of the list, which shall be transmitted by the
State Ethics Commission to the Legislative Reference Bureau
for publication in the Pennsylvania Bulletin biennially and
posted by the board on the board's publicly accessible
Internet website. Upon request, employees of the board and
each independent contractor shall have a duty to provide the
State Ethics Commission with adequate information to
accurately develop and maintain the list. The State Ethics
Commission may impose a civil penalty under 65 Pa.C.S. §
1109(f) (relating to penalties) upon an individual who fails
to cooperate with the State Ethics Commission under this
paragraph. An individual who relies in good faith on the list
published by the State Ethics Commission shall not be subject
to any penalty for a violation of paragraph (16) or (17).
(21) If a member of the board violates any provision of
this section, the appointing authority may remove the
individual from the board. A member removed under this
paragraph shall, for a period of five years following
removal, be prohibited from future appointment to the board
and shall be prohibited from applying for a permit or other
authorization under the Medical Marijuana Act and from
becoming an independent contractor or registering as a
permitted entity representative.
(j) Fiduciary relationship.--A member or employee of the
board shall serve as a fiduciary of the Commonwealth.
20250SB0049PN1805 - 20 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(k) Standard of care.--Members shall exercise the standard
of care required by 20 Pa.C.S. Ch. 73 (relating to
municipalities investments) in the performance of their duties
under this act.
(l) Liability.--Members shall not be personally liable for
any of the following:
(1) Obligations of the board.
(2) Actions which were within the scope of their office
and made in good faith.
(m) Compensation.--
(1) The Executive Board as established in the act of
April 9, 1929 (P.L.177, No.175), known as The Administrative
Code of 1929, shall establish the compensation of the
members.
(2) Members shall be reimbursed for all necessary and
actual expenses.
(3) Members shall be eligible for retirement under the
State Employees' Retirement Code and shall, if the member
elects to participate, be considered a State employee for the
purposes of 71 Pa.C.S. Pt. XXV (relating to retirement for
State employees and officers).
(n) Chairperson.--The chairperson of the board shall be
selected by a majority vote of appointed and qualified members.
(o) Appointments.--The appointing authorities shall make
their initial appointments within 30 days of the effective date
of this subsection. Appointments to fill a vacancy shall be made
within 30 days of the creation of the vacancy. No appointment
shall be final until receipt by the appointing authority of the
required background investigation of the appointee by the
Pennsylvania State Police which shall be completed within 15
20250SB0049PN1805 - 21 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
days.
(p) Prohibition against nepotism.--A member may not solicit,
request, suggest or recommend the employment by the board of any
individual related within the second degree of consanguinity to
the member as provided in 23 Pa.C.S. § 1304(e) (relating to
restrictions on issuance of license) or the spouse of the
individual.
(q) Employment requirements.--
(1) Prospective employees shall submit an application
and a personal disclosure form to the board which shall
include a complete criminal history, including convictions
and current charges for all felonies and misdemeanors.
(2) Prospective employees shall be required to undergo
testing which detects the presence of illegal substances in
the body.
(3) The board shall obtain fingerprints and photographs
for each prospective employee consistent with the standards
adopted by the Pennsylvania State Police.
(4) The board shall verify the identification,
employment and education of each prospective employee,
including:
(i) Legal name, including any alias.
(ii) All educational institutions attended
regardless of graduation status.
(iii) Places of residence for the past 10 years.
(iv) Employment history for the past 15 years.
(5) The board may not hire a prospective employee if the
prospective employee:
(i) has been convicted of a crime that bears a close
relationship to the duties and responsibilities of the
20250SB0049PN1805 - 22 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
position for which employment is sought;
(ii) has been dismissed from other employment for
gross misconduct; or
(iii) has intentionally made a false statement
concerning a material fact in connection with the
application to the board.
(6) The board may not employ a person unless the
requirements of paragraphs (1), (2), (3) and (4) have been
met. This paragraph shall apply only to persons employed
after the effective date of this paragraph.
(7) The board shall:
(i) Immediately refer any criminal matter involving
an employee to law enforcement.
(ii) Develop a disciplinary process for an employee
charged with a crime or with gross misconduct.
(iii) Immediately suspend from employment any
employee charged with a felony.
(iv) Develop a process to discipline all other
instances of misconduct.
(8) Disciplinary action shall be instituted promptly
against an employee who, while on or off duty, engages in
serious misconduct which may bring the board into disrepute.
(r) Budgetary impasse.--If, in the event of a budgetary or
other fiscal crisis, the Governor orders the furlough of
Commonwealth employees, the board and its employees whose duties
involve the regulation and oversight of cannabis shall not be
subject to furlough and shall continue to perform their duties
of employment.
(s) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
20250SB0049PN1805 - 23 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
subsection unless the context clearly indicates otherwise:
"Financial interest." An ownership, property, leasehold or
other beneficial interest in a cannabis organization. The term
does not include an interest which is held or deemed to be held
in any of the following:
(1) Securities that are held in a pension plan, profit-
sharing individual retirement account, tax-sheltered annuity,
a plan established under 26 U.S.C. § 457 (relating to
deferred compensation plans of State and local governments
and tax-exempt organizations), deferred compensation plan
whether qualified or not qualified under 26 U.S.C. (relating
to Internal Revenue Code) or other retirement plan that:
(i) is not self-directed by the individual; and
(ii) is advised by an independent investment adviser
who has sole authority to make investment decisions with
respect to contributions made by the individual to these
plans.
(2) A tuition account plan organized and operated under
26 U.S.C. § 529 (relating to qualified tuition programs) that
is not self-directed by the individual.
(3) A mutual fund where the interest owned by the mutual
fund in a cannabis organization does not constitute a
controlling interest.
Section 304. Code of conduct.
(a) Scope.--The board shall adopt a comprehensive code of
conduct prior to the consideration of any permit or registration
application. The code of conduct shall supplement all other
requirements under the Medical Marijuana Act and 65 Pa.C.S. Pt.
II (relating to accountability) and shall provide guidelines
applicable to members, employees, independent contractors of the
20250SB0049PN1805 - 24 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
board and the immediate families of the members, employees and
independent contractors to enable them to avoid any perceived or
actual conflict of interest and to promote public confidence in
the integrity and impartiality of the board. At a minimum, the
code of conduct adopted under this section shall include
restrictions under subsection (b).
(b) Restrictions.--A member of the board shall:
(1) Not accept any discount, gift, gratuity,
compensation, travel, lodging or other thing of value,
directly or indirectly, from any applicant, permittee or any
representative thereof.
(2) Disclose and disqualify the member from any
proceeding in which the member's objectivity, impartiality,
integrity or independence of judgment may be reasonably
questioned due to the member's relationship or association
with a party connected to any proceeding or a person
appearing before the board.
(3) Refrain from any financial or business dealing which
would tend to reflect adversely on the member's objectivity,
impartiality or independence of judgment.
(4) Not hold or campaign for public office, hold an
office in any political party or political committee,
contribute to or solicit contributions to a political
campaign, party, committee or candidate, publicly endorse a
candidate or actively participate in a political campaign.
(5) Not solicit funds for any charitable, educational,
religious, health, fraternal, civic or other nonprofit entity
from an applicant, cannabis organization, subsidiary,
intermediary or holding company of a cannabis organization,
interested party or cannabis organization representative.
20250SB0049PN1805 - 25 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(6) Not meet or engage in discussions with any
applicant, permitted entity or a cannabis organization
representative unless the meeting or discussion occurs on the
business premises of the board and is recorded in a log
maintained for this purpose. The log shall be available for
public inspection during the regular business hours of the
board. This paragraph shall not apply to meetings of the
board to consider matters requiring the physical inspection
of the equipment or premises of an applicant or a cannabis
organization at their location.
(7) Avoid impropriety and the appearance of impropriety
at all times and observe standards and conduct that promote
public confidence in the oversight of cannabis.
(8) Comply with any other laws, rules or regulations
relating to the conduct of a member.
(c) Ex officio members.--The restrictions under subsection
(b)(5) shall not apply to ex officio members.
Section 305. Applicability of other statutes.
(a) Applicability to board.--The board shall be subject to
the following acts:
(1) The act of July 19, 1957 (P.L.1017, No.451), known
as the State Adverse Interest Act.
(2) The act of February 14, 2008 (P.L.6, No.3), known as
the Right-to-Know Law.
(3) The provisions of 65 Pa.C.S. Chs. 7 (relating to
open meetings) and 11 (relating to ethics standards and
financial disclosure).
(b) Status of board.--
(1) The board shall be considered an independent agency
for the purposes of the following:
20250SB0049PN1805 - 26 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(i) The act of October 15, 1980 (P.L.950, No.164),
known as the Commonwealth Attorneys Act.
(ii) 62 Pa.C.S. Pt. I (relating to Commonwealth
Procurement Code). The expediting of the payment of
revenue to the Commonwealth shall not be grounds for an
emergency procurement by the board.
(2) The board shall be considered an agency for the
purposes of the following:
(i) The act of July 31, 1968 (P.L.769, No.240),
referred to as the Commonwealth Documents Law.
(ii) The act of June 25, 1982 (P.L.633, No.181),
known as the Regulatory Review Act.
Section 306. Board meetings.
(a) Meetings.--
(1) The board shall meet at the call of the chairperson
not less than two times per month.
(2) Advisory committees or subcommittees of the board
shall meet as often as deemed necessary by the board.
(3) Within 30 days of the appointment of the initial
members of the board, the board shall conduct its first
meeting.
(b) Designees.--In the case of absence of the chairperson
during a meeting of the board, the chairperson of the board may
designate another member to serve as a substitute chairperson
for the meeting.
(c) Quorum.--
(1) A majority of the members of the board shall
constitute a quorum of the board for the purpose of
organizing the authority and conducting official business.
(2) Only members of the board who are physically present
20250SB0049PN1805 - 27 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
at a meeting of the board or able to participate fully in the
deliberations by appropriate telecommunications means shall
count toward a quorum of the board.
(3) If a quorum is not present, a hearing of the board
may still take place.
(d) Qualified majority vote.--
(1) Except as permitted in paragraphs (2) and (3), any
action, including the approval, issuance, denial or
conditioning of any permit by the board or the making of any
order or the ratification of any permissible act done or
order made by one or more of the members, shall require a
qualified majority vote consisting of at least one
gubernatorial appointee and the four legislative appointees.
(2) Any action to suspend or revoke, not renew, void or
require forfeiture of a permit, to impose any administrative
fine or penalty or to issue cease and desist orders or
similar enforcement actions shall require a majority vote of
all the members appointed to the board.
(3) In addition to the provisions of this act or 65
Pa.C.S. § 1103(j) (relating to restricted activities), a
member shall disclose the nature of the member's
disqualifying interest, disqualify the member and abstain
from voting in a proceeding under this act in which the
member's objectivity, impartiality, integrity or independence
of judgment may be reasonably questioned, as provided in
section 304(b)(7). If a legislative appointee has
disqualified themself, the qualified majority shall consist
of all the remaining legislative appointees and at least two
gubernatorial appointees.
Section 307. Board records.
20250SB0049PN1805 - 28 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(a) Record of proceedings.--The board shall cause to be made
and kept a record of all proceedings held at public meetings of
the board. The verbatim transcript of the proceedings shall be
the property of the board and shall be prepared by the board
upon the request of any board member or upon the request of any
other person and the payment by that person of the costs of
preparation.
(b) Applicant information delivered to Governor and General
Assembly under the Medical Marijuana Act.--
(1) The board shall maintain a list of all applicants
for permits. The list shall include a record of all actions
taken with respect to each applicant. The list shall be open
to public inspection during the normal business hours of the
board.
(2) Information under paragraph (1) regarding any
applicant whose permit has been denied, revoked or not
renewed shall be removed from the list after seven years from
the date of the action.
(c) Other files and records.--The board shall maintain other
files and records as it may deem appropriate.
(d) Confidentiality of information.--All information
submitted by an applicant or obtained by the board as part of a
background investigation from any source shall be considered
confidential. Except as necessary to carry out the criminal
history investigation specified under this act, the information
shall be withheld from public disclosure in whole or in part,
except that any information shall be released upon the lawful
order of a court of competent jurisdiction or, with the approval
of the Attorney General, to a duly authorized law enforcement
agency or shall be released to the public, in whole or in part,
20250SB0049PN1805 - 29 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
to the extent that the release is requested by an applicant and
does not otherwise contain confidential information about
another person. The board may not require an applicant to waive
any confidentiality provided for in this subsection as a
condition for the approval of a permit or any other action of
the board. Any person who violates this subsection shall be
administratively disciplined by discharge, suspension or other
formal disciplinary action as the board deems appropriate.
(e) Notice.--Notice of the contents of any information,
except to a duly authorized law enforcement agency under this
section, shall be given to any applicant or permittee in a
manner prescribed by the rules and regulations adopted by the
board.
(f) Information held by department.--Files, records, reports
and other information in the possession of the department
pertaining to permits shall be made available to the board as
may be necessary to the effective administration of this act.
Section 308. Regulations.
(a) Temporary regulation.--The board shall promulgate
temporary regulations no later than 90 days from the effective
date of this subsection. The temporary regulations under this
subsection shall expire not later than two years after the
effective date of this subsection and shall not be subject to
any of the following:
(1) Section 612 of the act of April 9, 1929 (P.L.177,
No.175), known as The Administrative Code of 1929.
(2) Sections 201, 202, 203, 204 and 205 of the act of
July 31, 1968 (P.L.769, No.240), referred to as the
Commonwealth Documents Law.
(3) Sections 204(b) and 301(10) of the act of October
20250SB0049PN1805 - 30 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
15, 1980 (P.L.950, No.164), known as the Commonwealth
Attorneys Act.
(4) The act of June 25, 1982 (P.L.633, No.181), known as
the Regulatory Review Act.
(a.1) Failure to promulgate regulations.--If the board fails
to promulgate regulations under subsection (a), regulations
promulgated under the Medical Marijuana Act shall apply.
(b) Compliance deadline.--A current cannabis organization on
the effective date of this subsection that is authorized to
cultivate, process, dispense or transport cannabis shall have 90
days from the effective date of a new temporary regulation
promulgated by the board under subsection (a) to comply with the
temporary regulation.
(c) Regulations.--The board shall promulgate regulations,
with input from stakeholders, to implement the provisions of
this act, including all of the following:
(1) Regulation of cannabis and all its derivatives.
(2) Enforcement procedures for cannabis and all its
derivatives.
(3) The types of permits issued by the board.
(4) The methods and forms of permit applications,
including timeline, fees and minimum requirements.
(5) Procedures to process and competitively score permit
applications.
(6) Procedures to process administrative requests,
including changes of ownership and location.
(7) Security procedures for cannabis organizations.
(8) Enforcement procedures, including fines, suspensions
and revocations.
(9) Ownership and financial disclosure procedures and
20250SB0049PN1805 - 31 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
requirements for cannabis organizations, including record
keeping requirements.
(10) Procedures and requirements concerning the
divestiture of a beneficial ownership interest by a person
found unqualified.
(11) Procedures, processes and requirements for
transfers of ownership, including the involvement of a
publicly traded corporation.
(12) Seed-to-sale tracking system procedures. The system
shall be the record or a secondary electronic tracking system
used by a cannabis organization or testing laboratory that
meets all of the following criteria:
(i) The system shall capture everything that happens
to a cannabis plant from seed and cultivation through the
growth, harvest and manufacturing of cannabis, including
testing and transportation, to final sale.
(ii) The system shall use unique plant
identification and unique batch identification.
(iii) The system shall track the involvement of an
agent or permittee with cannabis products.
(iv) The system shall integrate with a secondary
system used by a cannabis organization or a cannabis
testing facility, if applicable, in a form and manner
determined by the board.
(v) The system shall allow for two-way
communication, automation and a secure application-
programming interface with a cannabis organization's
enterprise resource planning, inventory, accounting and
point-of-sale software or a laboratory's laboratory
information system.
20250SB0049PN1805 - 32 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(vi) The system shall include a secure application
program interface capable of accessing all data required
to be transmitted to the board to ensure compliance with
the operational reporting requirements specified under
this act and any regulations promulgated by the board.
(vii) The board and the board's contracted seed-to-
sale vendor shall allow cannabis business establishments
to utilize any enterprise resource planning, inventory,
accounting and point-of-sale software of the cannabis
business establishment's choosing or a laboratory
information system of the laboratory's choosing, provided
that the systems must integrate through application-
programming interface to the State's seed-to-sale
software.
(viii) The board shall not require cannabis business
establishments to utilize the board's contracted seed-to-
sale vendor as a point-of-sale-system.
(13) Procedures and requirements for curbside pickup
services offered by dispensing organizations.
(14) Transportation requirements, including:
(i) Establishing procedures and requirements for
home delivery services by dispensing organizations and
third-party transporters.
(ii) A requirement that transportation between
cannabis organizations occurs in secured vehicles but
allowing for transportation in vehicles other than those
owned and operated by cannabis organizations for
purchasers to transport cannabis.
(iii) Details required on transportation manifests.
(iv) Policies encouraging bulk shipment where
20250SB0049PN1805 - 33 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
appropriate.
(v) Requirements relating to shipping containers and
packaging.
(vi) The manner in which trucks, vans, trailers or
other carriers will be secured.
(vii) Security systems that include a numbered seal
on the trailer.
(viii) Obtaining copies of drivers' licenses and
registrations and other information related to security
and tracking.
(ix) Use of GPS systems.
(x) Number of drivers or other security required to
ensure against storage or in-transit losses.
(xi) Recordkeeping for delivery and receipt of
cannabis products.
(xii) Procedures for storing cannabis temporarily at
warehousing and distribution permit holder facilities.
(15) Labeling requirements consistent with industry best
practices, including:
(i) Standard symbols and warnings where the board
shall review symbols from other jurisdictions where
cannabis sales are permitted. As national standards are
available, the board shall plan to adopt national
standards.
(ii) An itemization, including weight of all
cannabinoid and terpene ingredients specified for the
product. The requirements of this subparagraph may be
satisfied through the use of electronic QR codes as
prescribed by the board.
(16) Advertising and marketing regulations that balance
20250SB0049PN1805 - 34 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
the ability of a cannabis organization to engage in
reasonable marketing and promotional activities that are not
directed at minors to promote the use of cannabis.
(17) Product safety regulations, including:
(i) Regulations consistent with best practices for
food products, except where necessary modifications are
required due to the active compounds in the cannabis
plant.
(ii) Standards for packaging to address freshness,
tamper evidence and limiting access to children.
(iii) Standard symbols and warnings where the board
shall review symbols and warnings from other
jurisdictions where cannabis sales are permitted. As
national standards are made available, the board shall
plan to adopt national standards.
(iv) A prohibition on packaging that is likely to
appeal to minors.
(18) Requirements that cannabis organizations use
standards and practices that align with United States
Department of Agriculture and Food and Drug Administration
standards, when appropriate for the purposes of this act.
(19) Procedures for the investigation and enforcement of
unregulated and unpermitted cultivation, processing,
manufacturing, sale, dispensing or distribution of cannabis
or products intended for consumption or inhalation.
(20) Procedures for medical professionals to be
accessible to patients.
(21) Testing standards.
(22) Permissible forms and concentrations.
(23) Restrictions necessary to protect public health and
20250SB0049PN1805 - 35 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
safety.
(24) Enforcement against unpermitted cannabinoid
products.
(d) Compliance deadline.--A permittee shall have 180 days
from the effective date of a new regulation promulgated by the
board under this section to comply with the new regulation.
(e) Review of current regulations.--When promulgating
regulations under this section, the board shall review current
regulations promulgated under the Medical Marijuana Act and may
implement or revise those regulations.
Section 309. Powers and duties of board.
(a) General powers.--
(1) The board shall have general and sole regulatory
authority over the manufacture, processing, testing,
distribution and sale of cannabis and all consumable
cannabinoid products within this Commonwealth, including
products containing hemp-derived cannabinoids, marijuana-
derived cannabinoids and synthetic cannabinoids. Nothing in
this paragraph shall be construed to allow the board to
authorize the sale of recreational marijuana absent approval
by the General Assembly.
(2) The board shall employ individuals, including a
chief medical officer and an executive director as provided
under section 303(g), as necessary to carry out the powers
and duties of the board, who shall serve at the board's
pleasure. An employee of the board shall be considered a
State employee for purposes of 71 Pa.C.S. Pt. XXV (relating
to retirement for State employees and officers). For the
purposes of this paragraph, the board shall not be considered
an executive or independent agency under the act of October
20250SB0049PN1805 - 36 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
15, 1980 (P.L.950, No.164), known as the Commonwealth
Attorneys Act.
(3) In addition to employees authorized by the board,
each member may employ one special assistant whose
classification and compensation shall be established by the
board. A special assistant shall be a State employee for
purposes of 71 Pa.C.S. Pt. XXV, shall serve at the pleasure
of the member and may only be removed by the board for cause.
(4) The board shall establish a system of classification
and compensation of its employees and shall not be subject to
the provisions of the act of April 9, 1929 (P.L.177, No.175),
known as The Administrative Code of 1929, as to
classification and compensation for its employees and conduct
its activities consistent with the practices and procedures
of Commonwealth agencies.
(5) Within 90 days of the effective date of this
paragraph, the board shall transmit to the Legislative
Reference Bureau for publication in the next available issue
of the Pennsylvania Bulletin and publish on the board's
publicly accessible Internet website the classification
system for all employees of the board.
(6) A request for proposal to conduct investigations of
employees and applicants under this act shall include a
requirement that an offeror provide the number of employees
of the offeror who will be engaged in the conduct of
investigations and who are residents of this Commonwealth and
annuitants of a Federal, State or local law enforcement
agency. Preference shall be given to an offeror with a
substantial number of employees who will be engaged in the
conduct of investigations and who are residents of this
20250SB0049PN1805 - 37 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Commonwealth and annuitants of a Federal, State or local law
enforcement agency.
(b) Specific powers.--The board shall have the specific
power and duty:
(1) To adopt, use and alter a corporate seal.
(2) To pay or satisfy obligations of the board.
(3) To sue or be sued, implead and be impleaded or
interplead.
(4) To contract and execute instruments as necessary to
carry out the powers and duties of the board. Contracts for
the purchase of supplies, services and construction shall be
for a term not to exceed two years.
(5) To sell, transfer, convey and dispose of tangible or
intangible property owned by the board.
(6) To establish, charge and collect fees and fines as
authorized by the Medical Marijuana Act and this act.
(7) To administer oaths, examine witnesses and issue
subpoenas compelling the attendance of witnesses or the
production of documents and records or other evidence. This
paragraph shall apply to designated officers and employees.
(8) To purchase insurance against a loss related to the
board's property or assets.
(8.1) To retain attorneys, accountants, auditors and
financial and other experts to render services as necessary.
For the purposes of this paragraph, the board shall be
considered an independent agency for purposes of the
Commonwealth Attorneys Act.
(9) To require background investigations on applicants,
permittees, principals, key employees or permittees under the
jurisdiction of the board.
20250SB0049PN1805 - 38 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(10) To enter into an agreement with the Pennsylvania
State Police for the reimbursement of actual costs as
approved by the board to the Pennsylvania State Police for
the investigations. Investigations shall include information
in the possession of the Attorney General.
(11) For purposes of enforcement and for purposes of the
background investigation, to receive information otherwise
protected by 18 Pa.C.S. Ch. 91 (relating to criminal history
record information).
(12) To require prospective and existing employees,
independent contractors, applicants and permittees to submit
to fingerprinting by the Pennsylvania State Police. The
Pennsylvania State Police shall submit the fingerprints to
the Federal Bureau of Investigation for purposes of verifying
the identity of the individual and obtaining records of
criminal arrests and convictions.
(13) To require prospective and existing employees,
independent contractors, applicants and permittees to submit
photographs consistent with the standards of the Commonwealth
Photo Imaging Network.
(14) Within six months after the effective date of this
paragraph, in a manner that does not impede the immediate
implementation of the duties and responsibilities of the
board under this act during the immediate two years after the
effective date of this paragraph, to develop and implement an
affirmative action plan to assure that all persons are
accorded equality of opportunity in employment and
contracting by the board, its contractors, subcontractors,
assignees, lessees, agents, vendors and suppliers.
(15) To promulgate regulations pertaining to the
20250SB0049PN1805 - 39 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
operation of the board. The board shall provide the employees
necessary for enforcement of this act.
(16) To transmit to the Legislative Reference Bureau for
publication each January in the Pennsylvania Bulletin and
publish on the board's publicly accessible Internet website a
complete list of all persons or entities who applied for or
held a cannabis organization permit during the preceding
calendar year and all intermediaries, subsidiaries and
holding companies thereof and the status of the application
or permit.
(17) To prepare and, through the Governor, submit
annually to the General Assembly an itemized budget
consistent with Article VI of The Administrative Code of 1929
consisting of the amounts necessary to be appropriated by the
General Assembly out of the accounts established under this
act required to meet the obligations accruing during the
fiscal period beginning July 1 of the following year.
(18) If, in any year, appropriations for the
administration of this act are not enacted by June 30, any
funds appropriated for the administration of this act which
are unexpended, uncommitted and unencumbered at the end of a
fiscal year shall remain available for expenditure by the
board or other agency to which they were appropriated until
the enactment of appropriation for the ensuing fiscal year.
(19) To promulgate rules and regulations necessary for
the administration and enforcement of this act. Except for
temporary regulations authorized under this act, regulations
shall be adopted as provided under the act of July 31, 1968
(P.L.769, No.240), referred to as the Commonwealth Documents
Law, and the act of June 25, 1982 (P.L.633, No.181), known as
20250SB0049PN1805 - 40 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
the Regulatory Review Act.
(20) To award, deny, deny the renewal of, revoke,
condition or suspend any permit provided for in this act if
the board finds in its sole discretion that a permittee, or
its officers, employees or agents, have furnished false or
misleading information to the board or failed to comply with
applicable laws or the rules and regulations of the board and
that it would be in the public interest to deny, deny the
renewal of, revoke, condition or suspend the permit.
(21) Restrict access to confidential information in the
possession of the board which has been obtained under this
act and ensure that the confidentiality of information is
maintained and protected. Records shall be retained by the
board for seven years.
(22) Prescribe and require periodic financial reporting
and internal control requirements for all cannabis
organizations.
(23) Require that each cannabis organization provide to
the board its audited annual financial statements, with
additional detail as the board from time to time shall
require, which information shall be submitted not later than
90 days after the end of the cannabis organization's fiscal
year.
(24) Prescribe the procedures to be followed by cannabis
organizations for any security breach or diversion event that
occurs in the operation of cannabis organizations.
(25) Establish procedures for the inspection and
certification of compliance of each cannabis organization
prior to being deemed operational.
(26) Require each cannabis organization permit applicant
20250SB0049PN1805 - 41 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
to provide detailed site plans of its proposed facility which
shall be reviewed and approved by the board for the purpose
of determining the adequacy of the proposed security and
surveillance measures inside and outside the facility.
Applicants shall cooperate with the board in making changes
to the plans suggested by the board and ensure that the plans
as modified and approved are implemented.
(27) Consult with members of the Pennsylvania State
Police, the Office of Attorney General, State agencies and
other persons the board deems necessary for advice regarding
the various aspects of the powers and duties imposed on it
under this act and its jurisdiction over the authorization
and operation of cannabis organization facilities.
(28) Enter into contracts with persons for the purposes
of carrying out the powers and duties of the board under this
act.
(29) Appoint committees and subcommittees as necessary.
The following shall apply:
(i) The chairperson of the board may appoint
advisory committees that may consist of members,
nonmembers, outside experts and staff of the board.
(ii) Only a board member may be chairperson of an
advisory committee.
(iii) An advisory committee or subcommittee may be
formed to address and make recommendations on subjects
determined by the board, including any of the following
topics:
(A) Public health and wellness.
(B) Community safety and well-being.
(C) Judicial and carceral systems.
20250SB0049PN1805 - 42 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(D) Education.
(E) Employment and labor.
(F) Business and entrepreneurship.
(G) Agriculture and food systems.
(H) Medical cannabis program efficiency.
(iv) A department, agency, office or other entity of
the Commonwealth may cooperate and provide the board or
its advisory committees or subcommittees with staff and
expertise to assist the board in carrying out the powers
and duties under this act.
(v) Recognized experts in the subject matter of an
advisory committee or subcommittee of the board may be
appointed to advise and assist the advisory committee or
subcommittee by the board.
(30) Create a cannabis organization registration. The
following shall apply:
(i) A cannabis organization representative shall
register with the board in a manner prescribed by the
board, which shall include the name, employer or firm,
address, telephone number and the cannabis organization
being represented including any and all aliases.
(ii) A cannabis organization representative shall
have an ongoing duty to update its registration
information on an ongoing basis.
(iii) The cannabis organization list shall be
available for public inspection at the offices of the
board and on the board's publicly accessible Internet
website.
(31) To issue, notwithstanding section 617(a)(1) of the
Medical Marijuana Act, an additional dispensary permit to a
20250SB0049PN1805 - 43 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
cannabis organization within 60 days after the cannabis
organization submits a complete application for the
additional dispensary permit in accordance with procedures
established by the board under section 308(c)(4), if the
cannabis organization satisfies all of the following:
(i) The cannabis organization was an independent
grower/processor under the Medical Marijuana Act before
April 12, 2024.
(ii) The cannabis organization satisfies the
applicable requirements for a dispensary permit under
section 618 of the Medical Marijuana Act.
Section 310. Confidentiality and public disclosure.
(a) Exempt from access.--All personal information obtained
by the board relating to agents, patients or purchasers shall be
exempt from access under the act of February 14, 2008 (P.L.6,
No.3), known as the Right-to-Know Law.
(b) Public records.--The following records are public
records and shall be accessible for inspection and duplication
in accordance with the Right-to-Know Law:
(1) With exceptions for private, security-related and
trade secret information, applications for permits submitted
by a cannabis organization.
(2) Information relating to penalties or other
disciplinary actions taken against a cannabis organization or
agent by the board for violation of this act.
Section 311. Unauthorized activities and civil penalties.
(a) Unauthorized activities.--
(1) A person may not do any of the following:
(i) Manufacture, sell, offer for sale, dispense,
distribute or market an intermediate hemp-derived product
20250SB0049PN1805 - 44 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
as a final hemp-derived cannabinoid product or directly
to an end consumer for personal or household use.
(ii) Manufacture, sell, offer for sale, dispense,
distribute or market a hemp-derived cannabinoid product
that is excluded from the definition of "hemp."
(2) In addition to any other penalty provided by Federal
or State Law, a person who manufactures, sells or offers for
sale, dispenses or distributes cannabis, cannabis
concentrates, cannabis flower or any product intended for
consumption or inhalation without a permit issued by the
board shall be subject to a civil penalty not to exceed
$10,000 for each offense. Each day a person engages in
unpermitted activity under this subsection shall constitute a
separate offense.
(b) Enforcement.--The Attorney General, the board, a State
or local law enforcement agency or a local government unit may
investigate an unpermitted activity under subsection (a) and
engage in enforcement measures, including entering into an
intergovernmental agreement to prevent the conduct of an
unpermitted activity under subsection (a) or exercise searches,
seizures and forfeitures.
(c) Suspension or revocation.--In addition to any other
penalty provided by Federal or State law, upon the conduct of a
third or subsequent unpermitted activity under subsection (a), a
local government unit may suspend, revoke or deny a license,
permit or other authorization to conduct business whatsoever,
issued by the local government unit and held by the person or
for which the person has made application.
(d) Violations.--A violation of subsection (a) is an unfair
or deceptive act or practice under the act of December 17, 1968
20250SB0049PN1805 - 45 -
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(P.L.1224, No.387), known as the Unfair Trade Practices and
Consumer Protection Law. All remedies, penalties and authority
granted to the Attorney General under that act shall be
available for the enforcement of this act.
(e) Actions.--In addition to the authority granted to the
Attorney General under this section, an organization or consumer
injured by a violation of subsection (a) may bring an action to
enjoin an organization retailing, cultivating, manufacturing,
distributing or possessing cannabis without a permit and to
recover actual damages sustained. A court shall enter judgment
in an amount equal to three times actual damages and may award
punitive damages in an amount commensurate with actual damages.
The court shall award attorney fees and costs to the prevailing
party.
(D) VIOLATIONS.--
(1) A VIOLATION OF SUBSECTION (A) IS AN UNFAIR OR
DECEPTIVE ACT OR PRACTICE UNDER THE ACT OF DECEMBER 17, 1968
(P.L.1224, NO.387), KNOWN AS THE UNFAIR TRADE PRACTICES AND
CONSUMER PROTECTION LAW.
(2) ALL REMEDIES, PENALTIES AND AUTHORITY GRANTED TO THE
ATTORNEY GENERAL UNDER THAT ACT SHALL BE AVAILABLE FOR THE
ENFORCEMENT OF THIS ACT.
(3) THE ATTORNEY GENERAL SHALL HAVE EXCLUSIVE
ENFORCEMENT AUTHORITY UNDER THIS SECTION.
Section 312. Cannabis Regulation Fund.
(a) Fund established.--The Cannabis Regulation Fund is
established as a separate fund in the State Treasury. Money in
the fund is appropriated as specified in subsection (c).
(b) Source of funds.--Fees, taxes and money payable under
this act and the Medical Marijuana Act shall be deposited into
20250SB0049PN1805 - 46 -
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
the fund. The money deposited into the fund may only be used for
the purposes specified in this section. Any interest accrued
shall be deposited into the fund.
(c) Use of proceeds.--After any repayment made under
subsection (d), money in the fund is appropriated in accordance
with the following percentages:
(1) To the board, 55% of the revenue in the fund. Forty
percent of the revenue in the fund shall be expended for
operations of the board, including outreach efforts and other
projects, as required by this act. Fifteen percent of the
amount in the fund shall be used by the board to establish
the following:
(i) a program to assist patients with the cost of
providing medical marijuana to patients who demonstrate
financial hardship or need under this act, and the board
shall develop guidelines and procedures to ensure maximum
availability to individuals with financial need;
(ii) a program to assist patients and caregivers
with the cost associated with the waiver or reduction of
fees for identification cards under sections 501(c)(5)
and 502(a)(2) of the Medical Marijuana Act; and
(iii) a program to reimburse caregivers for the cost
of providing background checks for caregivers.
(2) To the Department of Drug and Alcohol Programs, for
drug abuse prevention and counseling and treatment services,
10% of the revenue in the fund.
(3) To the Pennsylvania Commission on Crime and
Delinquency, for distribution to local police departments
which demonstrate a need relating to the enforcement of this
act, 10% of the revenue in the fund.
20250SB0049PN1805 - 47 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(4) The remainder shall be transferred to the General
Fund to provide economic relief to this Commonwealth.
(d) Repayment of initial funding.--The board shall repay
from the fees and investment earnings of the fund to the General
Fund any money appropriated from the General Fund for the
initial planning, organization and administration by the board
with respect to the establishment of the program at the time of
the original enactment of this act.
(e) Transfers.--As soon as practical after the effective
date of this subsection, the State Treasurer shall transfer the
balance of the Medical Marijuana Program Fund into the Cannabis
Regulation Fund.
(f) Prohibition.--The Cannabis Regulation Fund shall not be
subject to sweeps, administrative charge-backs or any other
fiscal or budgetary maneuver that would transfer money from the
Cannabis Regulation Fund into any other fund of the
Commonwealth.
Section 313. Report of board.
(a) Issuance.--Eighteen months after the effective date of
this subsection and every year on that date thereafter, the
board shall issue a report to the Governor and each member of
the General Assembly on the general operation of the board and
performance of the operations of cannabis entities and
permittees, including sales during the previous year, all taxes,
fees, fines and other revenues collected and, where appropriate,
disbursed, the costs of operation of the board, all hearings
conducted and the results of the hearings and other information
that the board deems necessary and appropriate.
(b) Reports to General Assembly.--The board shall conduct an
ongoing review of the operation of this act and the impact of
20250SB0049PN1805 - 48 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
cannabis in this Commonwealth, including reviews of other
jurisdictions, Federal laws and academic research. The board
shall submit an annual report to the General Assembly by
December 30. The report shall be submitted to the Majority
Leader and the Minority Leader of the Senate and the Majority
Leader and the Minority Leader of the House of Representatives
and the chairperson and minority chairperson of the standing
committees in the Senate and the chairperson and minority
chairperson of the standing committees in the House of
Representatives with jurisdiction over the board. The report
shall be posted by the board on its publicly accessible Internet
website.
Section 314. Authority.
(a) Sole authority.--The board shall have general and sole
regulatory authority over the conduct of cannabis or related
activities as described in this act and shall administer and
enforce the provisions of this act. The board shall have all the
powers necessary or convenient to carry out and effectuate its
purposes in administering the cannabis program.
(b) Granted authority.--An authority granted to a
Commonwealth agency or Commonwealth employee or appointee under
this act shall be given to the Commonwealth agency or employee
or appointee empowered to permit, discipline, revoke, regulate
or make regulations under this act.
Section 315. Transfer of authority.
(a) Department of Health.--The Department of Health's
oversight of the medical marijuana program shall be transferred
to the board. All authority, permits, information, documents,
databases and necessary information of the medical marijuana
program shall be transferred to the board.
20250SB0049PN1805 - 49 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(b) Process.--The transfer under subsection (a) shall begin
on the earlier of 14 days after the effective date of this
subsection or the day after an interim executive director is
confirmed by the Senate and be completed within 180 days. The
following shall apply:
(1) The board shall exercise the authority and perform
the duties of the Department of Health.
(2) The executive director shall exercise the authority
and perform the duties of the Secretary of Health.
(3) Any reference to the Department of Health which
concerns the powers or duties specified shall be deemed a
reference to the board.
(4) Any reference to the Secretary of Health which
concerns the powers or duties specified shall be deemed a
reference to the executive director.
(5) The following are transferred to the board:
(i) All personnel, allocations, appropriations,
equipment, files, permits, records, contracts,
agreements, obligations and other materials which are
used, employed or expended by the Department of Health in
connection with the functions transferred under this
section to the board and as if the contracts, agreements
and obligations had been incurred or entered into by the
board.
(ii) The personnel, appropriations, equipment and
other items and material transferred to the board under
this section shall include an appropriate portion of the
general administrative, overhead and supporting
personnel, appropriations, equipment and other material
of the Department of Health and shall include, where
20250SB0049PN1805 - 50 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
applicable, Federal grants and money and other benefits
from any Federal program.
(iii) All personnel transferred under this section
shall retain any civil service employment status assigned
to the personnel.
(6) To provide an efficient and cost-minimizing
transition, licenses, contracts, deeds and other official
actions of the board shall not be affected by the use of the
designation as the Department of Health. The board may
continue to use the name "Department of Health" on badges,
licenses, contracts, deeds, stationery and other official
documents until existing supplies are exhausted or new
materials are produced.
(7) To provide an efficient and cost-minimizing
transition, licenses, contracts, deeds and other official
actions of the executive director shall not be affected by
the use of the designation as the Secretary of Health. The
executive director may continue to use the name "Secretary of
Health" on badges, licenses, contracts, deeds, stationery and
other official documents until existing supplies are
exhausted.
Section 316. Construction.
(a) Federal conformity sweep.--Any hemp-derived cannabinoid
product that is excluded from the definition of "hemp" under 7
U.S.C. § 1639o (relating to definitions), as amended and
effective, shall be deemed "cannabis" for purposes of this act.
(b) Compliant hemp products outside board jurisdiction.--A
hemp-derived cannabinoid product that meets the definition of
"hemp" under this act, including a final hemp-derived
cannabinoid product containing not more than 0.4 milligrams
20250SB0049PN1805 - 51 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
combined total per container of total tetrahydrocannabinols,
including tetrahydrocannabinolic acid, and any other
cannabinoids that have similar effects, or are marketed to have
similar effects, on humans or animals as a tetrahydrocannabinol
as determined by the board, shall not be subject to regulation
by the board under this act unless and until otherwise provided
by the laws of this Commonwealth.
CHAPTER 4
(Reserved)
CHAPTER 5
PERMITS
Section 501. (Reserved).
Section 502. (Reserved).
Section 503. Warehousing and distribution permit.
(a) Issuance.--Within 180 days of the effective date of this
subsection, the board shall issue warehousing and distribution
permits, which authorize the storage, inventory management and
transportation of cannabis and cannabis products between
cannabis organizations, to eligible applicants. The board shall
issue no more than three warehousing and distribution permits at
a time.
(b) Scope of permit.--A permit issued under this section
shall authorize a permittee to:
(1) Store cannabis and cannabis products in secure,
compliant facilities.
(2) Manage inventory, including tracking and reporting,
as required by the board.
(3) Transport cannabis and cannabis products between
grower/processors, dispensaries and other authorized entities
within this Commonwealth.
20250SB0049PN1805 - 52 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(c) Fees.--
(1) A one-time, nonrefundable application fee of $10,000
shall be payable to the board upon submission of the initial
application for a permit.
(2) An annual renewal fee of $5,000 shall be payable to
the board for a permit.
(d) Residency requirement.--At least 51% of the ownership
interest in the entity applying for a permit must be held by
individuals who have been residents of this Commonwealth for at
least two consecutive years immediately prior to the application
date.
(e) Restriction on other permits.--The holder of a
warehousing and distribution permit, including its owners,
principals and operators, may not hold a grower-processor,
clinical registrant or dispensary permit or have a financial
interest in an approved laboratory.
(f) Employee background checks.--
(1) All employees of a permittee shall undergo a
criminal history background check conducted by the
Pennsylvania State Police prior to employment.
(2) A permittee shall submit employee background check
results to the board upon request and maintain records for
inspection.
(g) Regulatory oversight.--The board shall establish and
enforce rules governing the permitting, operation and compliance
of warehousing and distribution facilities, including:
(1) Security protocols for storage and transportation.
(2) Inventory tracking and reporting requirements.
(3) Compliance with health and safety standards.
(h) Inspections.--The board, or a designee, may conduct
20250SB0049PN1805 - 53 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
regular and unannounced inspections of permitted facilities to
ensure compliance.
(i) Penalties.--A violation of this section may result in
fines or permit suspension or revocation, as determined by the
board.
(j) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Permit." A permit issued under subsection (a).
"Permittee." The holder of a permit.
Section 504. Third-party transporter permit.
(a) Issuance.--Within 180 days of the effective date of this
subsection, the board shall issue 15 permits to qualified third-
party transporters to deliver cannabis products on behalf of
permitted dispensaries to patients and caregivers. The board may
issue up to 15 additional third-party transporter permits
annually. The board shall not require permitted dispensaries to
contract with third-party transporter permits to deliver
cannabis products.
(b) Eligibility.--An applicant for a permit must be over 21
years of age, possess a valid driver's license, pass a criminal
background check and demonstrate compliance with security and
operational standards.
(c) Residency requirement.--At least 51% of the ownership
interest in the entity applying for a permit must be held by
individuals who have been residents of this Commonwealth for at
least two consecutive years immediately prior to the application
date.
(d) Permit fee.--A third-party transporter shall pay initial
fee of $7,500 for a permit and an annual renewal fee of $3,000.
20250SB0049PN1805 - 54 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(e) Permit duration.--A permit shall be valid for one year
and renewable upon compliance verification.
(f) Operations.--
(1) Third-party transporters must have a written
contract with a permitted dispensary to receive and fulfill
delivery orders.
(2) Deliveries may only be made to registered medical
marijuana patients or caregivers who are 21 years of age or
older and have a valid medical marijuana card.
(3) Deliveries may only be to private residences,
excluding college campuses, government facilities or public
spaces.
(4) A maximum of one delivery per customer per day, with
a purchase limit as provided under the Medical Marijuana Act.
(5) Deliveries may be made between 8 a.m. and 8 p.m.
daily.
(g) Security and compliance.--
(1) Each delivery team member shall carry a valid
driver's license and State-issued identification badge,
presented upon request to law enforcement or regulatory
agents.
(2) Delivery vehicles shall be staffed by at least two
delivery team members, one of whom shall remain with the
vehicle at all times.
(3) Delivery vehicles shall have no markings indicating
cannabis transport and shall include a secure lockbox or
cargo area for products.
(4) Each delivery team member shall have access to
secure communication with the dispensary during transport.
(5) Third-party transporters shall use GPS tracking and
20250SB0049PN1805 - 55 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
report delivery schedules, routes and times weekly to the
board via electronic communication.
(6) Third-party transporters shall report vehicle
accidents, losses or diversions to the board within 24 hours.
(h) Customer verification.--
(1) A third-party transporter or dispensary shall verify
a patient's certification identity using a valid government-
issued photo ID and a valid medical marijuana card at the
time of delivery utilizing a transaction scan device.
(2) If a third-party transporter or dispensary is
delivering to a caregiver on behalf of a patient, the third-
party transporter or dispensary shall verify the caregiver's
certification, their designation as a caregiver for the
patients they are accepting a delivery for using a valid
government-issued photo ID and a valid medical marijuana card
at the time of delivery utilizing a transaction scan device.
(3) A third-party transporter or dispensary:
(i) May not sell or share data collected utilizing a
transaction scan device.
(ii) May use the data collected utilizing a
transaction scan device to show the board that the third-
party transporter or dispensary is in compliance with
this act.
(4) Only the individual who placed the order may receive
the delivery.
(i) Delivery requirements.--
(1) A third-party transporter shall complete a State-
approved training program on cannabis delivery, including
compliance, safety and customer interaction.
(2) Electronic payments may be accepted, with
20250SB0049PN1805 - 56 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
transactions recorded for auditing.
(3) Products shall be sealed and tamper-evident, with no
consumption permitted by delivery personnel.
(j) Issuance, renewal and revocation.--The board shall
issue, renew and revoke permits in accordance with Chapter 6 of
the Medical Marijuana Act.
(k) Penalties.--
(1) A violation of this section, in addition to any
other penalty provided by Federal or State law, shall be
subject to a civil penalty not to exceed $10,000 for each
offense or suspension or revocation of a delivery permit.
Each day a person engages in a violation of this section
shall constitute a separate offense.
(2) The Attorney General, the board, a State or local
law enforcement agency or a local government unit may
investigate violations of this section and engage in
enforcement measures, including entering into an
intergovernmental agreement to prevent violations of this
section.
(l) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Delivery team." Two or more delivery employees staffed for
a delivery vehicle.
"Third-party transporter." A permitted entity contracted by
a permitted cannabis dispensary to deliver cannabis products to
patients.
CHAPTER 6
(Reserved)
CHAPTER 7
20250SB0049PN1805 - 57 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
MISCELLANEOUS PROVISIONS
Section 701. Dispensaries.
The following shall apply:
(1) A dispensary permittee shall have a physician,
pharmacist, physician assistant or certified nurse
practitioner available, either in person or by synchronous
interaction to consult with patients and caregivers at all
times during the hours the dispensary is open to receive
patients and caregivers. If a dispensary permittee has more
than one separate location, a single physician, pharmacist,
physician assistant or a certified registered nurse
practitioner may consult with patients and caregivers, either
in person or by synchronous interaction, at up to three
locations if the locations are licensed under one permit. The
permittee shall have in place a plan to demonstrate and
maintain compliance with the labor laws of the Commonwealth.
A physician, a pharmacist, a physician assistant or a
certified registered nurse practitioner shall, prior to
assuming duties under this paragraph, successfully complete
the course established in section 301(a)(6) of the Medical
Marijuana Act. A physician may not issue a certification to
authorize patients to receive medical marijuana or otherwise
treat patients at the dispensary.
(2) A dispensary shall maintain video surveillance
equipment in continuous operation, including motion activated
video surveillance equipment with pre-motion and post-motion
detection capabilities.
Section 702. Grower/processors.
(a) Remediation.--A grower/processor may apply solvent-based
extraction methods and processes to medical marijuana plants
20250SB0049PN1805 - 58 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
that have failed a test conducted by an approved laboratory at
harvest, subject to the following:
(1) The test failure shall be limited to yeast and mold.
(2) The medical marijuana product must pass a final
processed test under section 704 of the Medical Marijuana
Act.
(b) Video surveillance equipment.--Grower/processors shall
maintain video surveillance equipment in continuous operation,
including motion-activated video surveillance equipment with
pre-motion and post-motion detection.
Section 703. Repeals.
Repeals are as follows:
(1) The General Assembly declares that the repeal under
paragraph (2) is necessary to effectuate the addition of
section 308(c)(12).
(2) Section 701 of the Medical Marijuana Act is
repealed.
(3) The General Assembly declares that the repeal under
paragraph (4) is necessary to effectuate the addition of
section 701.
(4) Section 801(b) of the Medical Marijuana Act is
repealed.
(5) The General Assembly declares that the repeal under
paragraph (6) is necessary to effectuate the addition of
section 312.
(6) Section 902 of the Medical Marijuana Act is
repealed.
(7) The General Assembly declares that the repeal under
paragraph (8) is necessary to effectuate the addition of
section 303.
20250SB0049PN1805 - 59 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(8) Chapter 12 of the Medical Marijuana Act is repealed.
Section 704. Effective date.
This act shall take effect in 30 days.
20250SB0049PN1805 - 60 -
1
2
3