Pennsylvania would put a board in charge of medical marijuana

An independent Cannabis Control Board would oversee the medical marijuana program and set and enforce cannabis rules. The board would oversee Pennsylvania medical marijuana businesses and related cannabis activities, including product safety and tracking. The Governor would appoint three voting members, and legislative leaders would appoint four. Members would face gift bans and financial conflict rules. Unpermitted growing, processing, distribution, or sales would carry civil fines up to $10,000 per offense. Each day would count separately. Consumers or organizations injured by unpermitted activity could sue to stop it and recover three times their actual losses. The act would take effect 30 days after enactment. The transfer would begin 14 days after that date or the day after interim director confirmation, whichever comes first, and be completed within 180 days.

The state would put program fees and interest into the Cannabis Regulation Fund and divide the money among specified uses. The Department of Drug and Alcohol Programs would receive the share for drug prevention, counseling, and treatment. The fund would first repay any state money provided for startup planning and administration. Patient assistance would cover marijuana costs for people with financial need, card fee waivers or reductions, and caregiver background checks. Police funding would go through the Pennsylvania Commission on Crime and Delinquency to local departments with enforcement needs. The fund would be protected from budget sweeps and administrative charges that move its money elsewhere. The State Treasurer would transfer the Medical Marijuana Program Fund's balance into this fund as soon as practical after the act takes effect.

The board would issue permits for businesses to store, track, and transport cannabis between authorized businesses. These permits would cover storage and transport between authorized cannabis businesses within Pennsylvania. At least 51% of ownership must belong to people who lived in Pennsylvania for at least two consecutive years immediately before applying. Permit holders and their owners, principals, and operators could not also hold grower-processor or cultivation center permits. Applicants would pay a nonrefundable $2,500 application fee. Annual renewal would cost $5,000. Employees would need State Police background checks before employment. Facilities would face security rules and possible unannounced inspections. These provisions would take effect 30 days after enactment.

Permitted delivery businesses could deliver medical marijuana under written contracts with permitted dispensaries. Delivery would be limited to registered patients age 21 or older at private residences. College campuses, government facilities, and public spaces would be excluded. Applicants must be over 21, pass a criminal background check, and meet operating and security standards. Fees would be $7,500 initially and $3,000 for annual renewal. Patients must show valid photo identification and medical marijuana cards. Only the person who ordered could receive the delivery. Deliveries would be limited to one per customer daily, within Medical Marijuana Act purchase limits, between 8 a.m. and 10 p.m. Vehicles would need at least two team members, secure storage, and GPS tracking. Violations could bring fines up to $10,000 per offense or permit suspension or revocation; each day would count separately. Delivery permits would last one year and could be renewed after compliance checks.

Dispensaries would keep a qualified medical professional available throughout their patient service hours, in person or through live remote contact. Physicians, pharmacists, physician assistants, or certified nurse practitioners would verify patient certifications and advise patients and caregivers. One professional could cover up to three locations licensed under one permit. Professionals would need to complete the required medical marijuana course before starting these duties. Physicians could not issue medical marijuana certifications or otherwise treat patients at the dispensary. Dispensaries would need a plan to follow Pennsylvania labor laws. These provisions would take effect 30 days after enactment.