reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part VIII - Supplemental Nutrition Program for Women, Infants and Children (WIC Program) › Chapter 1113 - STORE APPEALS › Section 1113.2 - Administrative appeal procedures

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Notification
. The Division of WIC will provide to the store
				written notice of the adverse action, the procedures to follow to appeal the
				adverse action and the cause for and the effective date of the
				action.
(b)
Form of
				administrative appeal
. The appeal shall be made by the store or its
				authorized representative, in writing, stating the reasons for the
				appeal.
(c)
Time for and
				effect of filing an administrative appeal
. The appeal shall be filed
				with the Director of the Division of WIC within 30 days from the date the
				notice of adverse action is mailed. The filing of an appeal shall serve to stay
				the Department's adverse action pending issuance of an adjudication and order
				by the hearing examiner under §
									1113.3 (relating to adjudication
				and order). The stay shall be lifted upon receipt of the hearing examiner's
				adjudication and order affirming the adverse action, or upon receipt of the
				store's written notice of withdrawal of the appeal.
(d)
Scheduling the hearing
.
(1) The Director of the Division of WIC shall
				forward the appeal to the office of the hearing examiner.
(2) The hearing examiner shall set a time,
				date and place for the hearing.
(3)
				The hearing examiner shall send notice to the store, or its authorized
				representative, at least 10 days in advance of the date of the
				hearing.
(4) The hearing examiner
				shall schedule the hearing to be held within 21 days after the date of receipt
				by the Division of WIC of the store appeal.
(5) The Division of WIC or the store may
				request in writing that the hearing be rescheduled for another time or date and
				the hearing examiner shall consider the request.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part VIII - Supplemental Nutrition Program for Women, Infants and Children (WIC Program) › Chapter 1113 - STORE APPEALS › Section 1113.3 - Adjudication and order

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				adjudication and order shall include findings of fact and conclusions of law.
				The findings of fact shall be based only on the oral and documentary evidence
				in the hearing record.
(b) The
				hearing examiner shall provide the Director of the Division of WIC and the
				store, or its authorized representative, with the adjudication and order within
				60 days after the date of the receipt by the Division of WIC of the appeal,
				adjusted for any continuance of the hearing that causes it to be held more than
				21 days after the date the appeal was filed.
(c) If the hearing examiner upholds the
				Department's adverse action, the adverse action shall be effective as of the
				date of the store's receipt of written notice of the hearing examiner's
				adjudication and order.
(d) The
				hearing examiner shall maintain a written record of the hearing. The record
				shall include a docket number and caption for the appeal, any documentary
				evidence submitted, the transcript of the testimony presented at the hearing,
				the adjudication and order of the hearing examiner, and a copy of the document
				transmitting the adjudication and order to the store, or its authorized
				representative.
(e) Subsections
				(a)-(c) supersede 1 Pa. Code §§ 35.131,
				35.201, 35.202 and
				35.205.
The provisions of this §
											1113.3 amended under section
					 2102(g) of The Administrative Code of 1929 (71 P. S. §
												532(g)).
This section cited in 28 Pa. Code §
											1109.3 (relating to time limits
					 for action); and 28 Pa. Code §
											1113.2 (relating to administrative
					 appeal procedures).
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part VIII - Supplemental Nutrition Program for Women, Infants and Children (WIC Program) › Chapter 1113 - STORE APPEALS › Section 1113.4 - Continuing responsibilities

Current through Register Vol. 54, No. 28, July 13, 2024
Appealing an action does not relieve the store from the
				  responsibility of continued compliance with regulations under this part
				  applicable to a WIC authorized store.
The provisions of this §
											1113.4 amended under section
					 2102(g) of The Administrative Code of 1929 (71 P. S. §
												532(g)).
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part VIII - Supplemental Nutrition Program for Women, Infants and Children (WIC Program) › Chapter 1113 - STORE APPEALS › Section 1113.5 - Judicial review

Current through Register Vol. 54, No. 28, July 13, 2024
If the adjudication and order of the hearing examiner upholds
				  the Department's adverse action, the hearing examiner will inform the store
				  within the adjudication and order, or by notice accompanying the adjudication
				  and order, of the right to pursue judicial review of the adjudication and
				  order.
The provisions of this §
											1113.5 amended under section
					 2102(g) of The Administrative Code of 1929 (71 P. S. §
												532(g)).
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part IX - Reserved › Chapter 1141 - RESERVED › Section 1141.21 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The temporary provisions of this Chapter 1141 issued,
					 amended and readopted under the Medical Marijuana Act (35 P.S.
					 §§
												10231.101-10231.2110); deleted
					 under section 301(a)(3) and (b) of the Medical Marijuana Act (35 P.S. §
												10231.301(a)(3) and (b)),
					 unless otherwise noted.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part IX - Reserved › Chapter 1211 - RESERVED › Section 1211.21 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The temporary provisions of this §
											1211.21 amended under the Medical
					 Marijuana Act (35 P.S. §§
												10231.101-10231.2110); deleted under section
					 301(a)(3) and (b) of the Medical Marijuana Act (35 P.S. §
												10231.301(a)(3) and
					 (b)).
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part IX - Reserved › Chapter 1211 - RESERVED › Section 1211.27a - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The temporary provisions of this §
											1211.27a issued under the Medical
					 Marijuana Act (35 P.S. §§
												10231.101-10231.2110); deleted under section
					 301(a)(3) and (b) of the Medical Marijuana Act (35 P.S. §
												10231.301(a)(3) and
					 (b)).
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part IXa - MEDICAL MARIJUANA › Chapter 1141a - GENERAL PROVISIONS › Section 1141a.22 - Records subject to disclosure; confidentiality

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The following records are public records
				and are subject to disclosure under the Right-to-Know Law (65 P.S.
				§§
										67.101-67.3104):
(1) An application submitted under the act,
				except to the extent that the application contains any of the information
				listed in subsection (b).
(2) The
				name, business address and medical credentials of a practitioner.
(3) Information regarding penalties or other
				disciplinary actions taken against a permittee by the Department for a
				violation of the act.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part IXa - MEDICAL MARIJUANA › Chapter 1141a - GENERAL PROVISIONS › Section 1141a.23 - Limitation on number of permits

Current through Register Vol. 54, No. 28, July 13, 2024
Except as provided in section 2002 of the act (35 P.S. §
										10231.2002), the following limitations apply
				  regarding the number of permits to be issued under this part:
(1) The Department will not initially issue
				permits to more than 25 applicants for grower/processor permits. The following
				apply:
(i) The Department will not issue more
				than one individual grower/processor permit to one person.
(ii) The Department will not issue an
				individual dispensary permit to more than five individual growers/
				processors.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part IXa - MEDICAL MARIJUANA › Chapter 1141a - GENERAL PROVISIONS › Section 1141a.24 - Medical marijuana regions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				Department will issue permits to applicants in each of six medical marijuana
				regions. The six medical marijuana regions are as follows:
(1)
Region 1
-The
				geographical region comprised of the counties of the Department's Southeast
				District, which includes Berks, Bucks, Chester, Delaware, Lancaster,
				Montgomery, Philadelphia and Schuylkill.
(2)
Region 2
-The
				geographical region comprised of the counties of the Department's Northeast
				District, which includes Carbon, Lackawanna, Lehigh, Luzerne, Monroe,
				Northampton, Pike, Susquehanna, Wayne and Wyoming.
(3)
Region 3
-The
				geographical region comprised of the counties of the Department's Southcentral
				District, which includes Adams, Bedford, Blair, Cumberland, Dauphin, Franklin,
				Fulton, Huntingdon, Juniata, Lebanon, Mifflin, Perry and York.
(4)
Region 4
-The
				geographical region comprised of the counties of the Department's Northcentral
				District, which includes Bradford, Centre, Clinton, Columbia, Lycoming,
				Montour, Northumberland, Potter, Snyder, Sullivan, Tioga and Union.
(5)
Region 5
-The
				geographical region comprised of the counties of the Department's Southwest
				District, which includes Allegheny, Armstrong, Beaver, Butler, Cambria,
				Fayette, Greene, Indiana, Somerset, Washington and Westmoreland.
(6)
Region 6
-The
				geographical region comprised of the counties of the Department's Northwest
				District, which includes Cameron, Clarion, Clearfield, Crawford, Elk, Erie,
				Forest, Jefferson, Lawrence, McKean, Mercer, Venango and Warren.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part IXa - MEDICAL MARIJUANA › Chapter 1141a - GENERAL PROVISIONS › Section 1141a.25 - General requirements for permits

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department may issue a permit to an
				applicant only for the specific location identified in the applicant's
				application, by name and address. A permit will specify that the applicant is
				authorized to begin the process necessary to become operational. A permit is
				only valid for the person named in the permit and only for the location
				specified in the permit.
(b) The
				medical marijuana organization shall conspicuously post its permit in a
				location within its facility that is visible to the Department or its
				authorized agents and law enforcement.
(c) A permit will not be issued to a medical
				marijuana organization for use in a personal residence or any other location
				where the Department or its authorized agents or law enforcement would have
				limited access.
(d) A permit will
				not be issued to a medical marijuana organization for a site or facility
				located on lands owned by the United States or the Commonwealth.
(e) A permit is valid for 1 year from the
				date of issuance.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part IXa - MEDICAL MARIJUANA › Chapter 1141a - GENERAL PROVISIONS › Section 1141a.26 - Privilege and nontransferability

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				The issuance or renewal of a permit to a medical marijuana organization is a
				revocable privilege.
(b) A permit
				issued under this part is not transferable to any person or any
				location.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part IXa - MEDICAL MARIJUANA › Chapter 1141a - GENERAL PROVISIONS › Section 1141a.27 - General requirements for application

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The types of applications to be submitted
				to the Department under this part include:
(1)
				An initial permit application.
(2)
				A permit renewal application.
(3)
				An application for change in ownership of a medical marijuana
				organization.
(4) An application
				for approval of a change of location of an operational facility.
(5) An application for approval of alteration
				of a facility.
(6) An application
				for additional dispensary locations.
(7) An application for approval or renewal of
				a laboratory.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part IXa - MEDICAL MARIJUANA › Chapter 1141a - GENERAL PROVISIONS › Section 1141a.28 - Fees

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An applicant
				for an initial grower/processor permit or renewal permit shall pay the
				following fees by certified or cashier's check or money order to the
				Department:
(1) Initial permit application
				fee-$10,000. The initial permit application fee shall be submitted with the
				initial permit application and is nonrefundable, except as provided in §
										1141a.29(a)(3)
				(relating to initial permit application).
(2) Initial permit fee-$200,000. The initial
				permit fee shall be submitted with the initial permit application and will be
				refunded if the initial permit is not granted or the application is
				rejected.
(3) Permit renewal
				fee-$10,000. The permit renewal fee shall be submitted with a renewal
				application and will be refunded if the renewal permit is not
				granted.
(4) An initial permit fee
				refund will be issued to the business named by the applicant in the permit
				application, in care of the primary contact provided by the applicant and
				mailed to the primary contact's mailing address provided by the
				applicant.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part IXa - MEDICAL MARIJUANA › Chapter 1141a - GENERAL PROVISIONS › Section 1141a.29 - Initial permit application

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				Department will publish in the
Pennsylvania Bulletin
notice of
				initial permit application availability and the time frame during which initial
				permit applications will be accepted.
(1) An
				applicant shall only use the initial permit application form prescribed by the
				Department on its web site.
(2) An
				applicant shall submit an initial permit application using the form posted on
				the Department's web site together with a version that is redacted in
				accordance with the Right-to-Know Law (65 P.S. §§
											67.101- 67.3104), as set out in §
										1141a.22 (relating to records
				subject to disclosure; confidentiality), by mail in an electronic format that
				is prescribed by the Department in the initial permit application
				instructions.
(3) An initial permit
				application received from an applicant after the time frame during which the
				Department is accepting applications will be rejected by the Department and
				returned to the applicant without further consideration along with the initial
				permit application fee and initial permit fee submitted by the applicant with
				the permit application.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part IXa - MEDICAL MARIJUANA › Chapter 1141a - GENERAL PROVISIONS › Section 1141a.30 - Capital requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
				applicant for a grower/processor permit shall provide an affidavit that the
				applicant has at least $2 million in capital, $500,000 of which is on deposit
				with one or more financial institutions.
(b) An applicant for a dispensary permit
				shall provide an affidavit that the applicant has at least $150,000 on deposit
				with one or more financial institutions.
(c) The affidavit will be in a form
				prescribed by the Department.
(d)
				An applicant shall submit with the initial permit application a signed release
				allowing the Department to contact each financial institution listed in the
				application to verify the requirements of subsection (a) or (b).
This section cited in 28 Pa. Code §
											1141a.29 (relating to initial
					 permit application); and 28 Pa. Code §
											1211a.24 (relating to capital
					 requirements).
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part IXa - MEDICAL MARIJUANA › Chapter 1141a - GENERAL PROVISIONS › Section 1141a.31 - Background checks

Current through Register Vol. 54, No. 28, July 13, 2024
(a) To provide
				the criminal history record check required under §
									1141a.29 (relating to initial
				permit application), an applicant shall submit fingerprints of its principals,
				financial backers, operators and employees to the Pennsylvania State Police.
				The Pennsylvania State Police or its authorized agent will submit the
				fingerprints to the Federal Bureau of Investigation for the purpose of
				verifying the identity of the individuals whose fingerprints have been
				submitted and obtaining a current record of criminal arrests and
				convictions.
(b) The Department may
				only use criminal history background check information obtained under this
				section to determine the character, fitness and suitability to serve in the
				designated capacity of the principal, financial backer, operator and
				employee.
(b.1) After submitting
				proof to the Department that fingerprints have been obtained, an individual may
				begin employment at a medical marijuana organization in a supervised capacity
				until the Department approves the individual to affiliate with the medical
				marijuana organization. If the Department does not approve the individual to
				affiliate with the medical marijuana organization, the individual shall be
				immediately terminated from the medical marijuana organization.
(c) This section does not apply to an owner
				of securities in a publicly traded corporation or an owner of 5% or less in a
				privately held business entity and who does not have voting rights to elect or
				appoint one or more members of the board of directors or other governing
				board.
(d) A financial backer,
				principal or employee may not hold a volunteer position, position for
				remuneration or otherwise be affiliated with a medical marijuana organization
				or a clinical registrant if the individual has been convicted of a felony
				criminal offense relating to the manufacture, delivery or possession with
				intent to manufacture or deliver a controlled substance in violation of The
				Controlled Substance, Drug, Device and Cosmetic Act (35 P.S. §§
										780-101-780-144), or similar law in any other
				jurisdiction unless: 10 or more years have passed since the entry of a final
				disposition of the felony conviction, or 1 year has passed since the
				individual's release from imprisonment for the felony conviction, whichever is
				later.
This section cited in 28 Pa. Code §
											1141a.22 (relating to records
					 subject to disclosure; confidentiality); 28 Pa. Code §
											1141a.29 (relating to initial
					 permit application); and 28 Pa. Code §
											1141a.34 (relating to denial of a
					 permit).
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part IXa - MEDICAL MARIJUANA › Chapter 1141a - GENERAL PROVISIONS › Section 1141a.32 - Diversity goals

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In accordance
				with section 615 of the act (35 P.S. §
										10231.615), this section establishes the
				procedures for promoting and ensuring the involvement of diverse participants
				and diverse groups in the activities permitted by the act and this
				part.
(b) In furtherance of the
				policy in section 615 of the act, the Department will:
(1) Allocate appropriate staff of the
				Department to assist medical marijuana organizations in fostering the
				involvement of diverse participants and diverse groups in their
				operations.
(2) Provide enhanced
				publicity of permitting opportunities and information to assist diverse
				participants and diverse groups in learning how to apply for permits to be
				issued under the act and this part.
(3) Compile, maintain and make available to
				medical marijuana organizations lists of diverse participants and diverse
				groups for the purpose of encouraging medical marijuana organizations to
				provide employment and contracting opportunities consistent with the
				act.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part IXa - MEDICAL MARIJUANA › Chapter 1141a - GENERAL PROVISIONS › Section 1141a.33 - Review of initial permit applications

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department will review initial permit
				applications submitted by applicants according to the criteria in section
				603(a.1) of the act (35 P.S. §
										10231.603(a.1)) and the factors in §
									1141a.24(b)
				(relating to medical marijuana regions).
(b) The Department will publish the number of
				permits to be issued and the location of each permit in the
Pennsylvania Bulletin
before the initial permit applications
				are made available for submission.
This section cited in 28 Pa. Code §
											1141a.34 (relating to denial of a
					 permit).
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part IXa - MEDICAL MARIJUANA › Chapter 1141a - GENERAL PROVISIONS › Section 1141a.34 - Denial of a permit

Current through Register Vol. 54, No. 28, July 13, 2024
The Department may deny the issuance of a permit for any of
				  the following reasons:
(1) Failure or
				refusal to submit information or documentation requested by the Department
				during the review process. Nothing in this paragraph requires the Department to
				request additional or supplemental information from an applicant.
(2) Misrepresentation by an applicant of
				fact, or failure to disclose a material fact to the Department during the
				review process.
(3) The results of
				the criminal history record check received by the Department under §
									1141a.31 (relating to background
				checks) for a principal, financial backer, operator or employee of the
				applicant indicates that the individual has been convicted of a prohibitive
				criminal offense as detailed under §
									1141a.31(d) and,
				following notification by the Department, the applicant fails or refuses to
				provide the Department with evidence satisfactory to the Department that the
				individual is no longer associated with the applicant in this
				capacity.
(4) Failure to meet the
				capital funding requirements identified in an affidavit by the applicant or a
				determination by the Department that the capital funding identified by the
				applicant is unverifiable.
(5) The
				applicant denies the Department or its authorized agents access to any place
				where a permitted activity is proposed to take place or fails to produce any
				book, paper, record, document, data or other information when requested by the
				Department.
(6) The applicant's
				medical marijuana license, permit or other authorization in another state or
				jurisdiction was, is or has been suspended or revoked or the applicant was
				otherwise disciplined.
(7) The
				applicant's plan of operation does not demonstrate, to the satisfaction of the
				Department, that the applicant is qualified for a permit.
(8) The Department determines, in its sole
				discretion, that the applicant has not met the criteria under §
									1141a.33 (relating to review of
				initial permit applications).
(9)
				The Department determines, in its sole discretion, that the issuance of the
				permit will not be in the best interest of the welfare, health or safety of the
				citizens of this Commonwealth.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part IXa - MEDICAL MARIJUANA › Chapter 1141a - GENERAL PROVISIONS › Section 1141a.35 - Notice of denial

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department
				will provide written notice of denial to an applicant.
(b) The applicant may appeal a notice of
				denial under
				2
				Pa.C.S. §§
										501-508 (relating to
				practice and procedure of Commonwealth agencies) and its accompanying
				regulations, as modified by Chapter 1230a (relating to practice and
				procedure).
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part IXa - MEDICAL MARIJUANA › Chapter 1141a - GENERAL PROVISIONS › Section 1141a.36 - Permit renewal applications

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
				medical marijuana organization wishing to renew its permit shall submit to the
				Department a permit renewal application not more than 6 months, nor less than 4
				months, prior to the current permit's expiration.
(b) A medical marijuana organization shall
				submit the applicable fee in §
									1141a.28 (relating to fees) with
				the permit renewal application.
(c)
				A medical marijuana organization shall include the following in the permit
				renewal application:
(1) Information
				regarding any charge, or any initiated, pending or concluded investigation,
				during the period of the initial permit or prior renewal period, by any
				governmental or administrative agency with respect to:
(i) An incident involving the theft, loss or
				possible diversion of medical marijuana by the medical marijuana organization
				or from the medical marijuana organization's facility.
(ii) Compliance by the medical marijuana
				organization with the laws of the Commonwealth with respect to any substance in
				section 4 of The Controlled Substance, Drug, Device and Cosmetic Act
				(35
				P.S. §
												780-104).
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part IXa - MEDICAL MARIJUANA › Chapter 1141a - GENERAL PROVISIONS › Section 1141a.37 - Denial of renewal of a permit

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				The Department will deny the renewal of a permit if the Department determines:
(1) The medical marijuana organization has
				not or is unlikely to be able to continuously maintain effective control
				against diversion of medical marijuana at its facility.
(2) The medical marijuana organization
				falsified any part of the permit renewal application or any other application
				submitted to the Department under this part.
(3) The medical marijuana organization is
				unlikely to comply with all Commonwealth and local laws applicable to the
				activities in which it may engage under the permit, if renewed.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part IXa - MEDICAL MARIJUANA › Chapter 1141a - GENERAL PROVISIONS › Section 1141a.38 - Duty to report

Current through Register Vol. 54, No. 28, July 13, 2024
(a) During the
				application process, or at any time during the permit period if a permit is
				issued, an applicant or medical marijuana organization shall notify the
				Department:
(1) In writing of any change in
				facts or circumstances reflected in the initial permit application or any
				permit renewal application submitted to the Department, or any newly discovered
				or occurring fact or circumstance which would have been included in the
				application if known at the time the application was submitted.
(2) In writing of any proposed modification
				of its plan of operation no less than 30 days prior to the proposed
				modification.
(3) Immediately when
				they become aware or State and local law enforcement make them aware of any
				adverse loss from a facility operated by the medical marijuana organization or
				any vehicle transporting seeds, immature medical marijuana plants, medical
				marijuana plants, medical marijuana or medical marijuana products to or from a
				facility operated by the medical marijuana organization.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part IXa - MEDICAL MARIJUANA › Chapter 1141a - GENERAL PROVISIONS › Section 1141a.39 - Change in ownership of a medical marijuana organization

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In the event of an impending change in
				ownership involving a change in control of a medical marijuana organization
				from the ownership listed in the initial permit application or a permit renewal
				application, the medical marijuana organization shall submit to the Department
				the name of each individual affiliating, and each individual no longer
				affiliating, with the medical marijuana organization, together with the fee
				required under §
									1141a.28 (relating to
				fees).
(b) A medical marijuana
				organization's change in ownership will not be considered complete by the
				Department until the names of all incoming and outgoing affiliates have been
				submitted to the Department and the appropriate application fee under §
				1141a.28 is submitted.
(c) For each
				individual that is part of the proposed change in ownership, the medical
				marijuana organization shall include all of the information required under
				§
									1141a.29 (relating to initial
				permit application) for the individuals listed in those capacities in the
				medical marijuana organization's initial permit application or any previously
				submitted permit renewal application.
(d) A change in ownership of a medical
				marijuana organization that occurs without the Department's knowledge of all
				individuals affiliating with the medical marijuana organization is a violation
				of the act and this part.
This section cited in 28 Pa. Code §
											1141a.38 (relating to duty to
					 report).
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part IXa - MEDICAL MARIJUANA › Chapter 1141a - GENERAL PROVISIONS › Section 1141a.40 - Application for approval of a change in location of an operational facility

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A medical
				marijuana organization wishing to change the location of an operational
				facility shall submit an application for approval of a change in location to
				the Department together with the fee required under § 1141a.28 (relating
				to fees).
(b) A change in location
				of an operational facility may not occur until the Department approves the
				change, in writing, under this section.
(c) The medical marijuana organization shall
				submit an application for approval of a change in location on a form prescribed
				by the Department.
(d) An
				application for approval of a change in location must include the reason for
				requesting the change and other information about the new location as the
				Department may require.
(e) The
				Department will issue a new permit to the medical marijuana organization for
				the new location if the request is approved.
(f) Within 180 days of the issuance by the
				Department of a new permit under subsection (e), the medical marijuana
				organization shall change the location of its operation to the new location
				designated in the new permit. Simultaneously with the completion of the move,
				the medical marijuana organization shall cease to operate at the former
				location and surrender its existing permit to the Department. The following
				apply:
(1) At no time may a medical marijuana
				organization operate or exercise any of the privileges granted under the permit
				in both locations.
(2) At the
				discretion of the Department, the Department may extend the 180-day deadline
				for relocation for up to an additional 90 days.
(3) Once the new facility is determined to be
				operational by the Department, the medical marijuana organization may resume
				operations under the new permit at the new location.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part IXa - MEDICAL MARIJUANA › Chapter 1141a - GENERAL PROVISIONS › Section 1141a.40.1 - Request to change location of a non-operational facility

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department will review a request to
				change the location of a non-operational facility based upon individual
				circumstances and in consideration of the following factors:
(1) Inability to operationalize the location
				due to circumstances beyond the permittee's control unless the permittee knew,
				or should have known, of the circumstances prior to selecting the site
				location.
(2) Viability of the
				permittee, the ability to sustain the permitted location, or both, is at
				risk.
(3) Impact on patient access
				to medical marijuana, resulting acquisition costs of medical marijuana in this
				market, or both, may be excessive.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part IXa - MEDICAL MARIJUANA › Chapter 1141a - GENERAL PROVISIONS › Section 1141a.41 - Application for approval of alteration of a facility

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except as provided in subsection (b),
				after the issuance of a permit, a medical marijuana organization may not make a
				physical change, alteration or modification to the facility that materially or
				substantially alters the facility or its usage as listed in the plot plans
				originally approved by the Department.
(b) A medical marijuana organization wishing
				to make any of the following alterations to the facility for which its permit
				was issued shall submit an application for approval of alteration of a
				facility, on a form prescribed by the Department, to the Department together
				with the fee required under §
									1141a.28 (relating to fees):
(1) An increase or decrease in the total
				square footage of the facility.
(2)
				The sealing off, creation of or relocation of a common entryway, doorway,
				passage or other means of public ingress or egress when the common entryway,
				doorway or passage alters or changes limited access areas.
(3) Any of the following made to enhance
				activities authorized under the permit:
(i)
				Additional electric fixtures or lighting equipment.
(ii) The lowering of a ceiling.
(iii) Electrical modifications that require
				inspection by the local municipality.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part IXa - MEDICAL MARIJUANA › Chapter 1141a - GENERAL PROVISIONS › Section 1141a.42 - Failure to be operational

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				Within 6 months from the date of issuance of a permit, a medical marijuana
				organization shall notify the Department, on a form prescribed by the
				Department, that it is operational.
(b) After the Department receives the
				notification in subsection (a), the Department will inspect the facility to
				determine if the medical marijuana organization is operational to the
				satisfaction of the Department.
(c)
				If the medical marijuana organization has not met the operational timetable in
				the initial permit application to the satisfaction of the Department at the
				time of the inspection conducted under subsection (b), the Department will
				notify the medical marijuana organization of the deficiencies. Within 30 days
				of the mailing date on the Department's notice, the medical marijuana
				organization shall submit to the Department for approval a plan of correction
				that sets forth the medical marijuana organization's timeline and a date
				certain, which may not extend beyond 90 days following the date the Department
				approves the plan of correction, for correcting the deficiencies.
(d) If the medical marijuana organization
				does not comply with its plan of correction as approved by the Department
				within 90 days following the Department's approval, the Department may revoke
				or suspend the medical marijuana organization's permit under §
									1141a.47 (relating to general
				penalties and sanctions).
This section cited in 28 Pa. Code §
											1151a.21 (relating to
					 growers/processors generally); and 28 Pa. Code §
											1161a.22 (relating to dispensaries
					 generally).
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part IXa - MEDICAL MARIJUANA › Chapter 1141a - GENERAL PROVISIONS › Section 1141a.43 - Closure of a facility

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A medical
				marijuana organization shall notify the Department in writing immediately, but
				in no event less than 60 days prior to the projected date of closure, upon
				making a determination that it intends to close a facility.
(b) A medical marijuana organization may not
				accept or purchase seeds, immature medical marijuana plants, medical marijuana
				plants, medical marijuana, other plant matter, medical marijuana products,
				equipment, or medical devices or instruments as of the date of
				notice.
(c) The notice must be
				accompanied by the medical marijuana organization's written plan for the
				facility being closed that must include the following information:
(1) The projected date of closure.
(2) How it intends to notify in writing,
				prior to the projected date for closure, any person to which the medical
				marijuana organization provides seeds, immature medical marijuana plants,
				medical marijuana plants, medical marijuana, medical marijuana products or
				medical marijuana services prior to closure.
(3) How it intends to dispose of seeds,
				immature medical marijuana plants, medical marijuana plants, medical marijuana,
				medical marijuana products or other plant matter projected to still be in the
				facility at the time of the projected closure in accordance with §
										1151a.40 (relating to management
				and disposal of medical marijuana waste).
(4) How it intends to dispose of equipment or
				medical devices or instruments used by the medical marijuana organization in
				its operations at the facility.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part IXa - MEDICAL MARIJUANA › Chapter 1141a - GENERAL PROVISIONS › Section 1141a.44 - Insurance requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
				medical marijuana organization shall obtain and maintain an appropriate amount
				of insurance coverage that insures the site and facility and equipment used in
				the operation of the facility. An adequate amount of comprehensive liability
				insurance covering the medical marijuana organization's activities authorized
				by the permit shall begin on the date the initial permit is issued by the
				Department and continuing for as long as the medical marijuana organization is
				operating under the permit.
(b) A
				medical marijuana organization shall obtain and maintain workers' compensation
				insurance coverage for employees at the time the medical marijuana organization
				is determined to be operational by the Department.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part IXa - MEDICAL MARIJUANA › Chapter 1141a - GENERAL PROVISIONS › Section 1141a.45 - Inspection and investigation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				Department may conduct announced or unannounced inspections or investigations
				to determine the medical marijuana organization's compliance with its permit,
				the act or this part.
(b) An
				investigation or inspection may include:
(1)
				Inspection of a medical marijuana organization's site, facility, vehicles,
				books, records, papers, documents, data, and other physical or electronic
				information.
(2) Questioning of
				employees, principals, operators, financial backers, authorized agents of, and
				any other person or entity providing services to the medical marijuana
				organization.
(3) Inspection of a
				grower/processor facility's equipment, instruments, tools and machinery that
				are used to grow, process and package medical marijuana, including containers
				and labels.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part IXa - MEDICAL MARIJUANA › Chapter 1141a - GENERAL PROVISIONS › Section 1141a.46 - Reports

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A medical
				marijuana organization shall submit the following reports to the Department, on
				forms prescribed by the Department, at the end of the first 12-month period
				following the issuance of a permit, and as of the end of each 3-month period
				thereafter:
(1) In the case of a
				grower/processor:
(i) The number of medical
				marijuana products sold by the grower/processor to dispensaries during the
				period for which the report is being submitted.
(ii) The average price per unit of medical
				marijuana products sold by the grower/processor to a medical marijuana
				organization.
(iii) The number or
				amount of seeds, immature medical marijuana plants, medical marijuana plants,
				medical marijuana and medical marijuana products sold by the grower/processer
				to other growers/processors during the period for which the report is being
				submitted.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part IXa - MEDICAL MARIJUANA › Chapter 1141a - GENERAL PROVISIONS › Section 1141a.47 - General penalties and sanctions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In addition to any other penalty imposed
				by law for violations of the act or this part, the Department may take one or
				more of the following actions:
(1) Suspend or
				revoke a permit if any of the following occur:
(i) The medical marijuana organization fails
				to maintain effective control against diversion of seeds, immature medical
				marijuana plants, medical marijuana plants, medical marijuana or medical
				marijuana products from a facility operated by it or under its
				control.
(ii) The medical marijuana
				organization violates a provision of the act or this part, or an order issued
				under the act or this part.
(iii)
				The medical marijuana organization violates a provision of other State or local
				laws regarding the operation of its facility.
(iv) The medical marijuana organization
				engages in conduct, or an event occurs, that would have disqualified the
				medical marijuana organization from being issued a permit or having its permit
				renewed.
(v) The medical marijuana
				organization submitted falsified information on any application submitted to
				the Department including, but not limited to:
(A) Failure to comply with an executed labor
				peace agreement submitted with the permit application.
(B) Failure to follow through on commitments
				made in the Community Impact section of the permit application.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part IXa - MEDICAL MARIJUANA › Chapter 1141a - GENERAL PROVISIONS › Section 1141a.48 - Training

Current through Register Vol. 54, No. 28, July 13, 2024
(a) As required
				under the act, the principals and employees of a medical marijuana organization
				who either have direct contact with patients or caregivers or physically handle
				seeds, immature medical marijuana plants, medical marijuana plants, medical
				marijuana or medical marijuana products shall complete a 2-hour training course
				developed by the Department. The following apply:
(1) Principals must successfully complete the
				course prior to starting initial operation of a facility.
(2) Employees must successfully complete the
				course no later than 90 days after starting employment at the
				facility.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part IXa - MEDICAL MARIJUANA › Chapter 1141a - GENERAL PROVISIONS › Section 1141a.49 - Zoning

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
				grower/processor shall meet the identical municipal zoning and land use
				requirements as other manufacturing, processing and production facilities that
				are located in the same zoning district.
(b) A dispensary shall meet the identical
				municipal zoning and land use requirements as other commercial facilities that
				are located in the same zoning district.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part IXa - MEDICAL MARIJUANA › Chapter 1141a - GENERAL PROVISIONS › Section 1141a.50 - Advertising by a medical marijuana organization

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In the advertising and marketing of
				medical marijuana and medical marijuana products, a medical marijuana
				organization shall be consistent with the Federal regulations governing
				prescription drug advertising and marketing in
				21 CFR
				202.1 (relating to prescription-drug
				advertisements).
(b) Promotional,
				advertising and marketing materials shall be approved by the Department prior
				to their use.
(c) This part does
				not apply to information provided by a grower/processor to a dispensary listing
				various medical marijuana products, instruments and devices that the
				grower/processor is offering for sale to the dispensary.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part IXa - MEDICAL MARIJUANA › Chapter 1141a - GENERAL PROVISIONS › Section 1141a.51 - Technical advisories

Current through Register Vol. 54, No. 28, July 13, 2024
The Department may issue technical advisories to assist
				  permittees in complying with the act and this part. Technical advisories do not
				  have the force of law or regulation. Technical advisories provide guidance on
				  the Department's interpretation of, and how a permittee may maintain compliance
				  with, the act and this part. Notice of the availability of a technical advisory
				  will be published in the
Pennsylvania Bulletin
.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part IXa - MEDICAL MARIJUANA › Chapter 1141a - GENERAL PROVISIONS › Appendix A - SERIOUS MEDICAL CONDITIONS

Current through Register Vol. 54, No. 28, July 13, 2024
The act of June 30, 2021 (P.L. 210, No. 44) (Act 44 of 2021)
				  amended the statutory definition of "serious medical condition'' under the
				  Medical Marijuana Act (act) (35 P.S. §§
										10231.101-10231.2110), to include "other
				  conditions that are recommended by the Advisory Board (Board) and approved by
				  the Secretary under section 1202.'' Section 1201(j)(5)(ii) of the act charges
				  the Board with the responsibility to issue written reports, which include the
				  Board's recommendation on "whether to change, add or reduce the types of
				  medical conditions which qualify as serious medical conditions....'' See
				  35
				  P.S. §
										10231.1201(j)(5)(ii). This
				  amendment was given retroactive effect to May 18, 2016, codifying conditions
				  added by the Board between the act's commencement and Act 44 of 2021's
				  passage.
At a public meeting on April 9, 2018, the Board adopted a
				  final report recommending that a process be established for a subcommittee of
				  the Board to review and approve additional serious medical conditions on a
				  continuous basis. See
				  35
				  P.S. §
										1201(j)(6). The
				  Secretary approved this recommendation which is published at 48 Pa.B 2898 (May
				  12, 2018). The Department attaches this Appendix A to reflect all approved
				  serious medical conditions. The Department will periodically, no less than
				  annually if additional serious medical conditions have been recommended by the
				  Board and approved by the Secretary, publish notice in the
Pennsylvania
				  Bulletin
updating the list of serious medical conditions. The list
				  will also be posted on the Department's publicly accessible Internet web
				  site.
The following list is comprised of all medical conditions
				  approved as a "serious medical condition'' under the law:
* Cancer, including remission therapy.
* Positive status for Human Immunodeficiency Virus or
				  Acquired Immune Deficiency Syndrome.
* Amyotrophic lateral sclerosis.
* Parkinson's disease.
* Multiple sclerosis.
* Damage to the nervous tissue of the central nervous system
				  (brain-spinal cord) with objective neurological indication of intractable
				  spasticity, and other associated neuropathies.
* Epilepsy.
* Inflammatory bowel disease.
* Neuropathies.
* Huntington's disease.
* Crohn's disease.
* Post-traumatic stress disorder.
* Intractable seizures.
* Glaucoma.
* Sickle cell anemia.
* Severe chronic or intractable pain of neuropathic origin or
				  severe chronic or intractable pain.
* Autism.
* Neurodegenerative diseases.
* Terminal illness.
* Dyskinetic and spastic movement disorders.
* Opioid use disorder for which conventional therapeutic
				  interventions are contraindicated or ineffective, or for which adjunctive
				  therapy is indicated in combination with primary therapeutic
				  interventions.
* Anxiety disorders.
* Tourette's Syndrome.