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§ 10231.301. Program established

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and SafetyEffective: May 17, 2016

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 35 P.S. Health and Safety (Refs & Annos)
Chapter 64. Medical Marijuana Act (Refs & Annos)
Chapter 3. Program
Effective: May 17, 2016
35 P.S. § 10231.301
§ 10231.301. Program established
(a) Establishment.--A medical marijuana program for patients suffering from serious medical conditions is established. The program shall be implemented and administered by the department. The department shall:
(1) Issue permits to medical marijuana organizations to authorize them to grow, process or dispense medical marijuana and ensure their compliance with this act.
(2) Register practitioners and ensure their compliance with this act.
(3) Have regulatory and enforcement authority over the growing, processing, sale and use of medical marijuana in this Commonwealth.
(4) Establish and maintain an electronic database to include activities and information relating to medical marijuana organizations, certifications and identification cards issued, practitioner registration and electronic tracking of all medical marijuana as required under this act to include:
(i) Ensurance that medical marijuana is not diverted or otherwise used for unlawful purposes by a practitioner or medical marijuana organization.
(ii) Ability to establish the authenticity of identification cards.
(iii) Recording recommended forms of medical marijuana provided in a certification filed by the practitioner.
(iv) Monitoring all growth, transfer, possession, processing, testing and dispensing of medical marijuana in this Commonwealth.
(v) The tracking system under section 7011 must include information under section 801(a)2 and any other information required by the department to be used by the department and dispensaries to enable a dispensary to lawfully provide medical marijuana. The tracking system and database shall be capable of providing information in real time. The database shall be capable of receiving information from a dispensary regarding the disbursement of medical marijuana to patients and caregivers. This information shall be immediately accessible to the department and other dispensaries to inhibit diversion and ensure compliance with this act.
(5) Maintain a directory of patients and caregivers approved to use or assist in the administration of medical marijuana within the department's database.
(6) Develop a four-hour training course for physicians, pharmacists, certified registered nurse practitioners and physician assistants regarding the latest scientific research on medical marijuana, including the risks and benefits of medical marijuana, and other information deemed necessary by the department. Successful completion of the course shall be approved as continuing education credits as determined by:
(i) The State Board of Medicine and the State Board of Osteopathic Medicine.
(ii) The State Board of Pharmacy.
(iii) The State Board of Nursing.
(7) Develop a two-hour course for the principals and employees of a medical marijuana organization who either have direct contact with patients or caregivers or who physically handle medical marijuana. Employees must successfully complete the course no later than 90 days after commencing employment. Principals must successfully complete the course prior to commencing initial operation of the medical marijuana organization. The subject matter of the course shall include the following:
(i) Methods to recognize and report unauthorized activity, including diversion of medical marijuana for unlawful purposes and falsification of identification cards.
(ii) Proper handling of medical marijuana and recordkeeping.
(iii) Any other subject required by the department.
(8) Develop enforcement procedures, including announced and unannounced inspections of facilities of the grower/processors and dispensaries and all records of the medical marijuana organizations.
(9) Establish a program to authorize the use of medical marijuana to conduct medical research relating to the use of medical marijuana to treat serious medical conditions, including the collection of data and the provision of research grants.
(10) Establish and maintain public outreach programs about the medical marijuana program, including:
(i) A dedicated telephone number for patients, caregivers and members of the public to obtain basic information about the dispensing of medical marijuana under this act.
(ii) A publicly accessible Internet website with similar information.
(11) Collaborate as necessary with other Commonwealth agencies or contract with third parties as necessary to carry out the provisions of this act.
(12) Determine the minimum number and type of medical marijuana products to be produced by a grower/processor and dispensed by a dispensary.
(13) Develop recordkeeping requirements for all books, papers, any electronic database or tracking system data and other information of a medical marijuana organization. Information shall be retained for a minimum period of four years unless otherwise provided by the department.
(14) Restrict the advertising and marketing of medical marijuana, which shall be consistent with the Federal regulations governing prescription drug advertising and marketing.
(b) Regulations.--The department shall promulgate all regulations necessary to carry out the provisions of this act.

Credits

2016, April 17, P.L. 84, No. 16, § 301, effective in 30 days [May 17, 2016].

Footnotes

35 P.S. § 10231.701.
35 P.S. § 10231.801.
35 P.S. § 10231.301, PA ST 35 P.S. § 10231.301
Current through the end of the 2023 Regular Session. Some statute sections may be more current, see credits for details.
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