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§ 10231.701. Electronic tracking

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and SafetyEffective: December 27, 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 7. Medical Marijuana Controls
Effective: December 27, 2021
35 P.S. § 10231.701
§ 10231.701. Electronic tracking
Currentness
(a) Requirement.--A grower/processor or dispensary must implement an electronic inventory tracking system which shall be directly accessible to the department through its electronic database that electronically tracks all medical marijuana on a daily basis. The system shall include tracking of all of the following:
(1) For a grower/processor, a seed-to-sale tracking system that tracks the medical marijuana from seed to plant until the medical marijuana is sold to a dispensary.
(2) For a dispensary, medical marijuana from purchase from the grower/processor to sale to a patient or caregiver and that includes information that verifies the validity of an identification card presented by the patient or caregiver.
(3) For a grower/processor and a dispensary, a daily log of each day's beginning inventory, acquisitions, amounts purchased and sold, disbursements, disposals and ending inventory. The tracking system shall include prices paid and amounts collected from patients and caregivers.
(4) For a grower/processor and a dispensary, a system for recall of defective medical marijuana.
(5) For a grower/processor and a dispensary, a system to track the plant waste resulting from the growth of medical marijuana or other disposal, including the name and address of any disposal service.
(b) Additional requirements.--In addition to the information under subsection (a), each medical marijuana organization shall track the following:
(1) Security and surveillance.
(2) Recordkeeping and record retention.
(3) The acquisition, possession, growing and processing of medical marijuana.
(4) Delivery and transportation, including amounts and method of delivery.
(5) Dispensing, including amounts, pricing and amounts collected from patients and caregivers.
(c) Access.--Information maintained in electronic tracking systems under subsection (a) shall be confidential and not subject to the act of February 14, 2008 (P.L. 6, No. 3),1 known as the Right-to-Know Law.
(c.1) Application programming interface.--The department or the department's contracted seed-to-sale vendor shall allow two-way communication, automation and application-programming interface of a medical marijuana organization's enterprise resource planning, inventory, accounting and point-of-sale software with the software of the department or the department's contracted seed-to-sale vendor. The department or the department's contracted seed-to-sale vendor shall provide for the development and use of a seed-to-sale cannabis tracking system, which shall include a secure application program interface capable of accessing all data required to be transmitted to the advisory board to ensure compliance with the operational reporting requirements established under this act and the regulations of the department.
(d) Reports.--Within one year of the issuance of the first permit to a grower/processor or dispensary, and every three months thereafter in a form and manner prescribed by the department, the following information shall be provided to the department, which shall compile the information and post it on the department's publicly accessible Internet website:
(1) The amount of medical marijuana sold by a grower/processor during each three-month period.
(2) The price of amounts of medical marijuana sold by grower/processors as determined by the department.
(3) The amount of medical marijuana purchased by each dispensary in this Commonwealth.
(4) The cost of amounts of medical marijuana to each dispensary in amounts as determined by the department.
(5) The total amount and dollar value of medical marijuana sold by each dispensary in the three-month period.

Credits

2016, April 17, P.L. 84, No. 16, § 701, effective in 30 days [May 17, 2016]. Amended 2021, June 30, P.L. 210, No. 44, § 3, effective in 180 days [Dec. 27, 2021].

Footnotes

1
65 P.S. § 67.101 et seq.
35 P.S. § 10231.701, PA ST 35 P.S. § 10231.701
Current through 2023 Regular Session Act 7. Some statute sections may be more current, see credits for details.
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