Home Table of Contents

§ 10231.1201. Advisory board

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 12. Medical Marijuana Advisory Board
Effective: June 30, 2021
35 P.S. § 10231.1201
§ 10231.1201. Advisory board
(a) Establishment.--The Medical Marijuana Advisory Board is established within the department. The advisory board shall consist of the following members:
(1) The secretary or a designee.
(2) The Commissioner of the Pennsylvania State Police or a designee.
(3) The chairman of the State Board of Pharmacy or a designee.
(4) The Commissioner of Professional and Occupational Affairs or a designee.
(5) The Physician General or a designee.
(6) The president of the Pennsylvania Chiefs of Police Association or a designee.
(7) The president of the Pennsylvania District Attorneys Association or a designee.
(8) One member to be appointed by each of the following, which members shall be knowledgeable and experienced in issues relating to care and treatment of individuals with a serious medical condition, geriatric or pediatric medicine or clinical research:
(i) The Governor.
(ii) The President pro tempore of the Senate.
(iii) The Majority Leader of the Senate.
(iv) The Minority Leader of the Senate.
(v) The Speaker of the House of Representatives.
(vi) The Majority Leader of the House of Representatives.
(vii) The Minority Leader of the House of Representatives.
(9) One member appointed by the Governor, who shall be a patient, a family or household member of a patient or a patient advocate.
(b) Terms.--Except as provided under subsection (g), the members appointed under subsection (a)(8) and (9) shall serve a term of four years or until a successor has been appointed and qualified, but no longer than six months beyond the four-year period.
(c) Chair.--The secretary, or a designee, shall serve as chair of the advisory board.
(d) Voting; quorum.--The members under subsection (a)(1), (2), (3), (4), (5), (6) and (7) shall serve ex officio and shall have voting rights. A majority of the members shall constitute a quorum for the purpose of organizing the advisory board, conducting its business and fulfilling its duties. A vote of the majority of the members present shall be sufficient for all actions of the advisory board unless the bylaws require a greater number.
(e) Attendance.--A member of the advisory board appointed under subsection (a)(8) or (9) who fails to attend three consecutive meetings shall forfeit his seat unless the secretary, upon written request from the member, finds that the member should be excused from a meeting for good cause. A member who cannot be physically present may attend meetings via electronic means, including video conference.
(f) Governance.--The advisory board shall have the power to prescribe, amend and repeal bylaws, rules and regulations governing the manner in which the business of the advisory board is conducted and the manner in which the duties granted to it are fulfilled. The advisory board may delegate supervision of the administration of advisory board activities to an administrative secretary and other employees of the department as the secretary shall appoint.
(g) Initial terms.--The initial terms of members appointed under subsection (a)(8) and (9) shall be for terms of one, two, three or four years, the particular term of each member to be designated by the secretary at the time of appointment. All other members shall serve for a term of four years.
(h) Vacancy.--In the event that any member appointed under subsection (a)(8) or (9) shall die or resign or otherwise become disqualified during the member's term of office, a successor shall be appointed in the same way and with the same qualifications as set forth in this section and shall hold office for the unexpired term. An appointed member of the advisory board shall be eligible for reappointment.
(i) Expenses.--A member appointed under subsection (a)(8) or (9) shall receive the amount of reasonable travel, hotel and other necessary expenses incurred in the performance of the duties of the member in accordance with Commonwealth regulations, but shall receive no other compensation for the member's service on the board.
(j) Duties.--The advisory board shall have the following duties:
(1) To examine and analyze the statutory and regulatory law relating to medical marijuana within this Commonwealth.
(2) To examine and analyze the law and events in other states and the nation with respect to medical marijuana.
(3) To accept and review written comments from individuals and organizations about medical marijuana.
(4) To issue written reports to the Governor, the Senate and the House of Representatives.
(5) The written reports under paragraph (4) shall include recommendations and findings as to the following:
(i) Whether to change the types of medical professionals who can issue certifications to patients.
(ii) Whether to change, add or reduce the types of medical conditions which qualify as serious medical conditions under this act.
(iii) Whether to change the form of medical marijuana permitted under this act.
(iv) Deleted by 2021, June 30, P.L. 210, No. 44, § 6, imd. effective.
(v) How to ensure affordable patient access to medical marijuana.
(vi) Deleted by 2021, June 30, P.L. 210, No. 44, § 6, imd. effective.
(6) The written reports under this section shall be adopted at a public meeting. The reports shall be a public record under the act of February 14, 2008 (P.L. 6, No. 3),1 known as the Right-to-Know Law.

Credits

2016, April 17, P.L. 84, No. 16, § 1201, effective in 30 days [May 17, 2016]. Amended 2021, June 30, P.L. 210, No. 44, § 6, imd. effective.

Footnotes

65 P.S. § 67.101 et seq.
35 P.S. § 10231.1201, PA ST 35 P.S. § 10231.1201
Current through the end of the 2023 Regular Session. Some statute sections may be more current, see credits for details.
End of Document