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§ 10231.801. Dispensing to patients and caregivers

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and SafetyEffective: June 30, 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 8. Dispensaries
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:
(1) The name, address and any identification number assigned to the dispensary by the department.
(2) The name and address of the patient and caregiver.
(3) The date the medical marijuana was dispensed.
(4) Any requirement or limitation by the practitioner as to the form of medical marijuana for the patient.
(5) The form and the quantity of medical marijuana dispensed.
(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.
(d) Limitations.--No dispensary may dispense to a patient or caregiver:
(1) a quantity of medical marijuana greater than that which the patient or caregiver is permitted to possess under the certification; or
(2) a form of medical marijuana prohibited by this act.
(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
(g) Form of medical marijuana.--Medical marijuana dispensed to a patient or caregiver by a dispensary shall conform to any requirement or limitation set by the practitioner as to the form of medical marijuana for the patient.
(h) Safety insert.--When a dispensary dispenses medical marijuana to a patient or caregiver, the dispensary shall provide to that patient or caregiver, as appropriate, a safety insert. The insert shall be developed and approved by the department. The insert shall provide the following information:
(1) Lawful methods for administering medical marijuana in individual doses.
(2) Any potential dangers stemming from the use of medical marijuana.
(3) How to recognize what may be problematic usage of medical marijuana and how to obtain appropriate services or treatment for problematic usage.
(4) How to prevent or deter the misuse of medical marijuana by minors or others.
(5) Any other information as determined by the department.
(i) Sealed and labeled package.--Medical marijuana shall be dispensed by a dispensary to a patient or caregiver in a sealed and properly labeled package. The labeling shall contain the following:
(1) The information required to be included in the receipt provided to the patient or caregiver, as appropriate, by the dispensary.
(2) The packaging date.
(3) Any applicable date by which the medical marijuana should be used.
(4) A warning stating:
“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.”
(5) The amount of individual doses contained within the package and the species and percentage of tetrahydrocannabinol and cannabidiol.
(6) A warning that the medical marijuana must be kept in the original container in which it was dispensed.
(7) A warning that unauthorized use is unlawful and will subject the person to criminal penalties.
(8) Any other information required by the department.

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 the end of the 2023 Regular Session. Some statute sections may be more current, see credits for details.
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