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§ 10231.802. Facility requirements

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and SafetyEffective: June 30, 2021

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 35 P.S. Health and Safety (Refs & Annos)
Chapter 64. Medical Marijuana Act (Refs & Annos)
Chapter 8. Dispensaries
Effective: June 30, 2021
35 P.S. § 10231.802
§ 10231.802. Facility requirements
(a) General rule.--
(1) A dispensary may dispense medical marijuana in an indoor, enclosed, secure facility located within this Commonwealth or in accordance with a curbside delivery protocol as determined by the department.
(1.1) For the purposes of paragraph (1), a dispensary shall maintain continuous video surveillance. The dispensary is required to retain the recordings onsite or offsite for a period of no less than 180 days, unless otherwise required for investigative or litigation purposes.
(2) A dispensary may not operate on the same site as a facility used for growing and processing medical marijuana.
(3) A dispensary may not be located within 1,000 feet of the property line of a public, private or parochial school or a day-care center.
(4) A dispensary may sell medical devices and instruments which are needed to administer medical marijuana under this act.
(5) A dispensary may sell services approved by the department related to the use of medical marijuana.
(b) Adjustment or waiver of prohibition.--The department may amend a prohibition under subsection (a)(3) if it is shown by clear and convincing evidence that the amendment is necessary to provide adequate access to patients. An amendment may include additional security, physical plant of a facility or other conditions necessary to protect children.


2016, April 17, P.L. 84, No. 16, § 802, effective in 30 days [May 17, 2016]. Amended 2021, June 30, P.L. 210, No. 44, § 5, imd. effective.
35 P.S. § 10231.802, PA ST 35 P.S. § 10231.802
Current through the end of the 2023 Regular Session. Some statute sections may be more current, see credits for details.
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