Home Table of Contents

§ 10231.702. Grower/processors

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 7. Medical Marijuana Controls
Effective: June 30, 2021
35 P.S. § 10231.702
§ 10231.702. Grower/processors
(a) Authorization.--Subject to subsection (b), a grower/processor may do all of the following in accordance with department regulations:
(1) Obtain and transport seed and immature plant material from outside this Commonwealth during at least one 30-day period per year as designated by the department to grow and process medical marijuana.
(2) Obtain seed and plant material from another grower/processor within this Commonwealth to grow medical marijuana.
(2.1) Obtain and transport bulk postharvest medical marijuana plant material from another grower/processor within this Commonwealth to process medical marijuana. As used in this paragraph, the term “postharvest plant material” includes all unfinished plant and plant-derived material, whether fresh, dried, partially dried, frozen or partially frozen, oil, concentrate or similar byproducts derived or processed from medical marijuana or medical marijuana plants.
(3) Apply solvent-based extraction methods and processes to medical marijuana plants that have failed a test conducted by an approved laboratory at harvest, subject to the following:
(i) The test failure shall be limited to yeast and mold.
(ii) The extracted material shall be processed into a topical form.
(iii) The medical marijuana product must pass a final processed test under section 704.1
(iv) The medical marijuana product shall be labeled as remediated.
(v) This paragraph shall expire upon the publication in the Pennsylvania Bulletin of a notice of the secretary's approval of the recommendations relating to a research initiative, as prescribed in section 2003.1.2
(4) Obtain harvested hemp from a person holding a permit issued by the Department of Agriculture to grow or cultivate hemp under the 3 Pa.C.S. Ch. 15 (relating to controlled plants and noxious weeds) if the hemp received by a grower/processor is subject to the laboratory testing requirements of section 704.
(5) Add excipients or hemp or hemp-derived additives obtained or cultivated in accordance with paragraph (4). Excipients must be pharmaceutical grade, unless otherwise approved by the department. In determining whether to approve an added substance, the department shall consider the following:
(i) Whether the added substance is permitted by the United States Food and Drug Administration for use in food or is Generally Recognized as Safe (GRAS) under Federal guidelines.
(ii) Whether the added substance constitutes a known hazard such as diacetyl, CAS number 431-03-8, and pentanedione, CAS number 600-14-6.
(b) Limitations.--
(1) A grower/processor may only grow, store, harvest or process medical marijuana in an indoor, enclosed, secure facility which:
(i) includes electronic locking systems, electronic surveillance and other features required by the department; and
(ii) is located within this Commonwealth.
(2) For the purpose of paragraph (1), a grower/processor shall maintain continuous video surveillance. A grower/processor is required to retain the recordings onsite or offsite for a period of no less than 180 days, unless otherwise required for investigative or litigation purposes.
(c) Pesticides.--The following shall apply:
(1) A grower/processor may use a pesticide that is registered by the Department of Agriculture under the act of March 1, 1974 (P.L. 90, No. 24),3 known as the Pennsylvania Pesticide Control Act of 1973, and designated by the Secretary of Agriculture in consultation with the secretary for use by a grower/processor.
(2) The Secretary of Agriculture shall, within 30 days of the effective date of this subsection, transmit to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin an initial list of pesticides which may be used by grower/processors. The list shall be posted on the department's publicly accessible Internet website and shall be reviewed and updated by the Secretary of Agriculture, in consultation with the secretary, at least once annually and transmitted to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.


2016, April 17, P.L. 84, No. 16, § 702, effective in 30 days [May 17, 2016]. Amended 2021, June 30, P.L. 210, No. 44, § 4, imd. effective.


35 P.S. § 10231.704.
35 P.S. § 10231.2003.1.
3 P.S. § 111.21 et seq.
35 P.S. § 10231.702, PA ST 35 P.S. § 10231.702
Current through Act 13 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
End of Document