§ 10231.801. Dispensing to patients and caregivers
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and SafetyEffective: June 30, 2021
Effective: June 30, 2021
35 P.S. § 10231.801
§ 10231.801. Dispensing to patients and caregivers
(a) General rule.--A dispensary that has been issued a permit under Chapter 61 may lawfully dispense medical marijuana to a patient or caregiver upon presentation to the dispensary of a valid identification card for that patient or caregiver. The dispensary shall provide to the patient or caregiver a receipt, as appropriate. The receipt shall include all of the following:
(b) Requirements.--A dispensary shall have a physician or a pharmacist available, either in person or by synchronous interaction, to verify patient certifications and to consult with patients and caregivers at all times during the hours the dispensary is open to receive patients and caregivers. If a dispensary has more than one separate location, a physician assistant or a certified registered nurse practitioner may verify patient certifications and consult with patients and caregivers, either in person or by synchronous interaction, at each of the other locations in lieu of the physician or pharmacist. A physician, a pharmacist, a physician assistant or a certified registered nurse practitioner shall, prior to assuming duties under this paragraph, successfully complete the course established in section 301(a)(6).2 A physician may not issue a certification to authorize patients to receive medical marijuana or otherwise treat patients at the dispensary.
(c) Filing with department.--Prior to dispensing medical marijuana to a patient or caregiver, the dispensary shall file the receipt information with the department utilizing the electronic tracking system. When filing receipts under this subsection, the dispensary shall dispose of any electronically recorded certification information as provided by regulation.
(e) Supply.--When dispensing medical marijuana to a patient or caregiver, the dispensary may not dispense an amount greater than a 90-day supply until the patient has exhausted all but a seven-day supply provided pursuant to a previously issued certification until additional certification is presented under section 405.3
(f) Verification.--Prior to dispensing medical marijuana to a patient or caregiver, the dispensary shall verify the information in subsections (e) and (g) by consulting the electronic tracking system included in the department's electronic database established under section 301(a)(4)(v) and the dispensary tracking system under section 701(a)(2).4
“This product is for medicinal use only. Women should not consume during pregnancy or while breastfeeding except on the advice of the practitioner who issued the certification and, in the case of breastfeeding, the infant's pediatrician. This product might impair the ability to drive or operate heavy machinery. Keep out of reach of children.”
Credits
2016, April 17, P.L. 84, No. 16, § 801, effective in 30 days [May 17, 2016]. Amended 2021, June 30, P.L. 210, No. 44, § 4, imd. effective.
Footnotes
35 P.S. § 10231.601 et seq.
35 P.S. § 10231.301.
35 P.S. § 10231.405.
35 P.S. § 10231.701.
35 P.S. § 10231.801, PA ST 35 P.S. § 10231.801
Current through 2023 Regular Session Act 7. Some statute sections may be more current, see credits for details.
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