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§ 10231.303. Lawful use of medical marijuana

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 3. Program
Effective: June 30, 2021
35 P.S. § 10231.303
§ 10231.303. Lawful use of medical marijuana
(a) General rule.--Notwithstanding any provision of law to the contrary, use or possession of medical marijuana as set forth in this act is lawful within this Commonwealth.
(b) Requirements.--The lawful use of medical marijuana is subject to the following:
(1) Medical marijuana may only be dispensed to:
(i) a patient who receives a certification from a practitioner and is in possession of a valid identification card issued by the department; and
(ii) a caregiver who is in possession of a valid identification card issued by the department.
(2) Subject to regulations promulgated under this act, medical marijuana may only be dispensed to a patient or caregiver in the following forms:
(i) pill;
(ii) oil;
(iii) topical forms, including gels, creams or ointments;
(iv) a form medically appropriate for administration by vaporization or nebulization, excluding dry leaf or plant form until dry leaf or plant forms become acceptable under regulations adopted under section 1202;1
(v) tincture; or
(vi) liquid.
(3) Unless otherwise provided in regulations adopted by the department under section 1202, medical marijuana may not be dispensed to a patient or a caregiver in dry leaf or plant form.
(4) Deleted by 2021, June 30, P.L. 210, No. 44, § 2, imd. effective.
(5) A patient may designate up to two caregivers at any one time.
(6) Medical marijuana that has not been used by the patient shall be kept in the original package in which it was dispensed.
(7) A patient or caregiver shall possess an identification card whenever the patient or caregiver is in possession of medical marijuana.
(8) Products packaged by a grower/processor or sold by a dispensary shall only be identified by the name of the grower/processor, the name of the dispensary, the form and species of medical marijuana, the percentage of tetrahydrocannabinol and cannabinol contained in the product and any other labeling required by the department.

Credits

2016, April 17, P.L. 84, No. 16, § 303, effective in 30 days [May 17, 2016]. Amended 2021, June 30, P.L. 210, No. 44, § 2, imd. effective.

Footnotes

35 P.S. § 10231.1202.
35 P.S. § 10231.303, PA ST 35 P.S. § 10231.303
Current through 2022 Regular Session Act 29. Some statute sections may be more current, see credits for details.
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