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§ 10231.603. Granting of permit

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 6. Medical Marijuana Organizations (Refs & Annos)
Effective: May 17, 2016
35 P.S. § 10231.603
§ 10231.603. Granting of permit
(a) General rule.--The department may grant or deny a permit to a grower/processor or dispensary.
(a.1) Determination.--In making a decision under subsection (a), the department shall determine that:
(1) The applicant will maintain effective control of and prevent diversion of medical marijuana.
(2) The applicant will comply with all applicable laws of this Commonwealth.
(3) The applicant is ready, willing and able to properly carry on the activity for which a permit is sought.
(4) The applicant possesses the ability to obtain in an expeditious manner sufficient land, buildings and equipment to properly grow, process or dispense medical marijuana.
(5) It is in the public interest to grant the permit.
(6) The applicant, including the financial backer or principal, is of good moral character and has the financial fitness necessary to operate.
(7) The applicant is able to implement and maintain security, tracking, recordkeeping and surveillance systems relating to the acquisition, possession, growth, manufacture, sale, delivery, transportation, distribution or the dispensing of medical marijuana as required by the department.
(8) The applicant satisfies any other conditions as determined by the department.
(b) Nontransferability.--A permit issued under this chapter shall be nontransferable.
(c) Privilege.--The issuance or renewal of a permit shall be a revocable privilege.
(d) Regions.--The department shall establish a minimum of three regions within this Commonwealth for the purpose of granting permits to grower/processors and dispensaries and enforcing this act. The department shall approve permits for grower/processors and dispensaries in a manner which will provide an adequate amount of medical marijuana to patients and caregivers in all areas of this Commonwealth. The department shall consider the following when issuing a permit:
(1) Regional population.
(2) The number of patients suffering from serious medical conditions.
(3) The types of serious medical conditions.
(4) Access to public transportation.
(5) Any other factor the department deems relevant.


2016, April 17, P.L. 84, No. 16, § 603, effective in 30 days [May 17, 2016].
35 P.S. § 10231.603, PA ST 35 P.S. § 10231.603
Current through Act 13 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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