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§ 10231.1308. Additional penalties

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 13. Offenses Related to Medical Marijuana
Effective: May 17, 2016
35 P.S. § 10231.1308
§ 10231.1308. Additional penalties
Currentness
(a) Criminal penalties.--In addition to any other penalty provided by law, a practitioner, caregiver, patient, employee, financial backer, operator or principal of any medical marijuana organization, health care medical organization or university participating in a research study under Chapter 19,1 and an employee, financial backer, operator or principal of a clinical registrant or academic clinical research center under Chapter 20,2 who violates any of the provisions of this act, other than those specified in section 1301, 1302, 1303, 1304, 1305, 1306 or 1307,3 or any regulation promulgated under this act:
(1) For a first offense, commits a misdemeanor of the third degree and shall, upon conviction, be sentenced to pay a fine of not more than $5,000, or to imprisonment for not more than six months.
(2) For a second or subsequent offense, commits a misdemeanor of the third degree and shall, upon conviction, be sentenced to pay a fine of not more than $10,000, or to imprisonment for not less than six months or more than one year, or both.
(b) Civil penalties.--In addition to any other remedy available to the department, the department may assess a civil penalty for a violation of this act, a regulation promulgated under this act or an order issued under this act or regulation as provided in this subsection. The following shall apply:
(1) The department may assess a penalty of not more than $10,000 for each violation and an additional penalty of not more than $1,000 for each day of a continuing violation. In determining the amount of each penalty, the department shall take the following factors into consideration:
(i) The gravity of the violation.
(ii) The potential harm resulting from the violation to patients, caregivers or the general public.
(iii) The willfulness of the violation.
(iv) Previous violations, if any, by the person being assessed.
(v) The economic benefit to the person being assessed for failing to comply with the requirements of this act, a regulation promulgated under this act or an order issued under this act or regulation.
(2) If the department finds that the violation did not threaten the safety or health of a patient, caregiver or the general public and the violator took immediate action to remedy the violation upon learning of it, the department may issue a written warning in lieu of assessing a civil penalty.
(3) A person who aids, abets, counsels, induces, procures or causes another person to violate this act, a regulation promulgated under this act or an order issued under this act or regulation shall be subject to the civil penalties provided under this subsection.
(c) Sanctions.--
(1) In addition to the penalties provided in subsection (b) and any other penalty authorized by law, the department may impose the following sanctions:
(i) Revoke or suspend the permit of a person found to be in violation of this act, a regulation promulgated under this act or an order issued under this act or regulation.
(ii) Revoke or suspend the permit of a person for conduct or activity or the occurrence of an event that would have disqualified the person from receiving the permit.
(iii) Revoke or suspend the registration of a practitioner for a violation of this act or a regulation promulgated or an order issued under this act or for conduct or activity which would have disqualified the practitioner from receiving a registration.
(iv) Suspend a permit or registration of a person pending the outcome of a hearing in a case in which the permit or registration could be revoked.
(v) Order restitution of funds or property unlawfully obtained or retained by a permittee or registrant.
(vi) Issue a cease and desist order.
(2) A person who aids, abets, counsels, induces, procures or causes another person to violate this act shall be subject to the sanctions provided under this subsection.
(d) Costs of action.--The department may assess against a person determined to be in violation of this act the costs of investigation of the violation.
(e) Minor violations.--Nothing in this section shall be construed to require the assessment of a civil penalty or the imposition of a sanction for a minor violation of this act if the department determines that the public interest will be adequately served under the circumstances by the issuance of a written warning.

Credits

2016, April 17, P.L. 84, No. 16, § 1308, effective in 30 days [May 17, 2016].

Footnotes

1
35 P.S. § 10231.1901 et seq.
2
35 P.S. § 10231.2001 et seq.
3
35 P.S. §§ 10231.1301 to 10231.1307.
35 P.S. § 10231.1308, PA ST 35 P.S. § 10231.1308
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
End of Document