The acting regulations for dispensaries are able aloft advertisement Dec. 10, 2016 and expire on Dec. 10, 2018.
The aing set of acting regulations that the Pa. Department of Health anticipates publishing chronicle to laboratories, followed by acting regulations apropos to practitioners, caregivers and patients, and bookish analytic analysis centers.
The afterward words and terms, back acclimated in this chapter, accept the afterward meanings, unless the ambience acutely indicates otherwise:
Certified registered abettor practitioner—The appellation as authentic in breadth 2 of The Professional Nursing Law (63 P.S. § 212).
Device—An article used, advised for use or advised for use in preparing, storing, ingesting, inhaling or contrarily introducing medical marijuana into the animal body.
Dispense—The action of accurately accouterment to a accommodating or caregiver medical marijuana in a acceptable alembic that is appropriately labeled for consecutive administering or use pursuant to a accommodating accepting issued by a practitioner.
Medical marijuana product—The final anatomy and dosage of medical marijuana that is grown, processed, produced, sealed, labeled and activated by a grower/processor and awash to a dispensary.
Pharmacist—The appellation as authentic in breadth 2 of the Pharmacy Act (63 P.S. § 390-2).
Physician—The appellation as authentic in breadth 2 of the Medical Practice Act of 1985 (63 P.S. § 422.2) and breadth 2 of the Osteopathic Medical Practice Act (63 P.S. § 271.2).
Physician assistant—The appellation as authentic in breadth 2 of the Medical Practice Act of 1985 and breadth 2 of the Osteopathic Medical Practice Act.
(a) The abilities that a berth shall accommodated to accept a admittance are continuing abilities to advance the permit.
(b) In accession to any added requirements in the act or this part, a berth shall accede with the following:
(1) A berth may not appoint in the business of possessing, dispensing, affairs or alms to allocate or advertise medical marijuana to a accommodating or caregiver in this Commonwealth afterwards aboriginal actuality issued a admittance by the Department and afterwards aboriginal actuality bent operational by the Department as adapted beneath § 1141.42 (relating to abortion to be operational).
(2) A berth may not administer an alone at its adeptness who is beneath 18 years of age.
(3) A berth may not admittance a accommodating to self-administer medical marijuana at the adeptness unless the accommodating is additionally an agent of the dispensary, and the berth permits self-administration of medical marijuana at the adeptness by the employees.
(a) A berth may alone allocate medical marijuana to a accommodating or caregiver who presents a accurate identification agenda to an agent at the adeptness who is accustomed to allocate medical marijuana at the facility.
(b) Prior to dispensing medical marijuana to a accommodating or caregiver, the berth shall:
(1) Verify the authority of the accommodating or caregiver identification agenda appliance the cyberbanking tracking system.
(2) Review the admonition on the patient’s best contempo accepting by appliance the cyberbanking tracking arrangement to admission the Department’s database. The afterward apply:
(i) If a practitioner sets alternating recommendations, requirements or limitations as to the anatomy or dosage of medical marijuana on the accommodating certification, the medical marijuana dispensed to a accommodating or a caregiver by a berth charge accommodate to those recommendations, requirements or limitations.
(ii) If a practitioner does not set alternating recommendations, requirements or limitations as to the anatomy or dosage of medical marijuana on the accommodating certification, the physician, pharmacist, physician abettor or certified registered abettor practitioner active by the berth and alive at the adeptness shall argue with the accommodating or the caregiver apropos the adapted anatomy and dosage of medical marijuana to be provided.
(iii) The berth shall alter the accommodating accepting in the cyberbanking tracking arrangement by entering any advocacy as to the anatomy or dosage of medical marijuana that is provided to the patient.
(c) Prior to the achievement of the transaction, the agent administering the transaction at the berth shall adapt a cancellation of the transaction, and book the cancellation admonition with the Department utilizing the cyberbanking tracking system. A berth shall accommodate a archetype of the cancellation to the accommodating or the caregiver, unless the accommodating or the caregiver declines the receipt. The cancellation charge accommodate the afterward information:
(1) The name, abode and any admittance cardinal assigned to the berth by the Department.
(2) The name and abode of the accommodating and, if applicable, the patient’s caregiver.
(3) The date the medical marijuana was dispensed.
(4) Any claim or limitation acclaimed by the practitioner on the patient’s accepting as to the anatomy of medical marijuana that the accommodating should use.
(5) The anatomy and the abundance of medical marijuana dispensed.
(d) Except as provided in sections 2001—2003 of the act (35 P.S. §§ 10231.2001—10231.2003), a berth shall abort any cardboard archetype of the accommodating accepting or annul any electronically recorded accommodating accepting stored on the dispensary’s network, server or computer arrangement as the aftereffect of a transaction afterwards the cancellation apropos to that transaction has been filed beneath annex (c).
(a) A berth may not allocate to a accommodating or caregiver:
(1) A abundance of medical marijuana that is greater than the bulk adumbrated on the patient’s certification, if any.
(2) A anatomy or dosage of medical marijuana that is listed as a brake or limitation on the accommodating certification.
(3) A anatomy of medical marijuana not acceptable by the act or this part, unless contrarily provided in regulations adopted by the Department beneath breadth 1202 of the act (35 P.S. § 10231.1202).
(b) A berth may not allocate an bulk of medical marijuana greater than a 30-day accumulation to a accommodating or caregiver until the accommodating has beat all but a 7-day accumulation provided pursuant to the accepting currently on book with the Department.
(a) Except as provided in annex (b), a berth shall ensure that a physician or a pharmacist is present at the adeptness at all times during the hours the adeptness is attainable to allocate or action to allocate medical marijuana to patients and caregivers.
(b) If a berth is accustomed to accomplish added than one adeptness beneath its permit, a physician abettor or a certified registered abettor practitioner may be present onsite at anniversary of the added locations instead of a physician or pharmacist.
(c) As adapted beneath the act, a physician, a pharmacist, a physician abettor or a certified registered abettor practitioner shall, above-mentioned to d any duties at a facility, auspiciously complete a 4-hour training advance developed by the Department. The advance charge accommodate apprenticeship in the latest accurate analysis on medical marijuana, including the risks and allowances of medical marijuana, and added admonition accounted all-important by the Department.
(d) Successful achievement of the advance adapted beneath annex (c) shall be accustomed as continuing apprenticeship credits as bent by:
(1) The Accompaniment Board of Medicine and the Accompaniment Board of Osteopathic Medicine.
(2) The Accompaniment Board of Pharmacy.
(3) The Accompaniment Board of Nursing.
(e) A practitioner or a physician, while at the facility, may not affair a accommodating accepting to a patient.
(a) A berth may alone allocate medical marijuana to a accommodating or caregiver in an indoor, enclosed, defended adeptness as accustomed by the Department.
(b) A berth may not be located:
(1) Within 1,000 anxiety of the acreage band of a public, clandestine or biased school, or a day-care center.
(2) At the aforementioned armpit acclimated for growing and processing medical marijuana.
(3) In the aforementioned appointment amplitude as a practitioner or added physician.
(c) The Department may abandon or alter the prohibition beneath annex (b)(1) if it is apparent by bright and acceptable affirmation that the abandonment or about-face is all-important to accommodate patients with able admission to medical marijuana. A abandonment or about-face by the Department beneath this annex may crave added aegis measures, changes to the concrete bulb of a adeptness or added altitude all-important to assure individuals beneath 18 years of age and to anticipate crooked admission to medical marijuana.
(d) No one beneath 18 years of age is acceptable to admission a berth unless the alone is a accommodating or accompanied by a parent, guardian or caregiver. If a berth adeptness is amid adjoining to a bartering operation, the adeptness shall accommodate added bureau of aegis satisfactory to the Department to anticipate individuals beneath 18 years of age from entering the adeptness from the bartering operation unless the alone is accompanied by an adult.
(e) The afterward areas of a berth charge be acutely apparent with able signage:
(1) Limited admission areas. All areas of admission and abandonment to a bound admission breadth charge be acutely articular by the announcement of a assurance which shall be not beneath than 12 inches advanced and 12 inches long, composed of belletrist not beneath than 1/2 inch in height, which charge state:
(2) Areas that are attainable to patients and caregivers.
(f) A berth charge accept an enclosed, defended breadth out of attainable afterimage for the loading and auction of medical marijuana into and from a carriage vehicle.
(a) A berth shall allocate the anatomy of medical marijuana beneath § 1161.23(b)(2) (relating to dispensing medical marijuana).
(b) A berth shall acquirement medical marijuana articles alone from a grower/processor.
(c) A berth may sell, action for auction or accommodate at its facility, with the above-mentioned accounting approval of the Department, instruments, accessories and casework accompanying to the use of medical marijuana.
(d) A berth may allocate a medical marijuana artefact with a THC absorption of 0.3% or beneath so continued as the berth purchases it from a grower/processor and the grower/processor acquired Department approval beneath § 1151.28(c) (relating to forms of medical marijuana).
(e) A berth may not:
(1) Advertise medical marijuana:
(i) As a promotional item.
(ii) As allotment of a giveaway.
(iii) As allotment of a advertisement program.
(2) Provide medical marijuana at no bulk or free, unless the accommodating is accustomed for banking abetment by the Department.
(3) Make the dispensing of medical marijuana to a accommodating or caregiver codicillary upon:
(i) The acquirement of a medical device, apparatus or account provided at a berth facility.
(ii) The acquirement of a medical device, apparatus or account provided at a breadth added than a berth facility.
(4) Offer the commitment of or bear medical marijuana to a accommodating or caregiver at the patient’s or caregiver’s home or any added location.
(a) Medical marijuana articles dispensed by a berth charge alone be articular by the name of the grower/processor, the name of the dispensary, the anatomy and breed of medical marijuana, the allotment of THC and CBD independent in the medical marijuana product, and any added labeling adapted by the Department.
(b) A berth shall allocate medical marijuana to a accommodating or caregiver in a bankrupt and appropriately labeled package.
(c) The berth shall audit the characterization to ensure that the characterization contains the following:
(1) The admonition adapted to be included in the cancellation in § 1161.23 (relating to dispensing medical marijuana).
(2) The packaging date.
(3) A use by or cessation date.
(4) The afterward admonishing stating:
(5) The bulk of alone doses independent aural the amalgamation and the breed and allotment of THC and CBD.
(6) A admonishing that the medical marijuana charge be kept in the aboriginal alembic in which it was dispensed.
(7) A admonishing that crooked use is actionable and will accountable the client or user to bent penalties.
(8) Any added admonition adapted by the Department.
(d) The berth shall audit the characterization to ensure that the characterization does not bear:
(1) Any affinity to the trademarked, adapted or product-specialized packaging of any commercially attainable aliment or cooler product.
(2) Any statement, artwork or architecture that could analytic advance an alone to accept that the amalgamation contains annihilation added than medical marijuana.
(3) Any seal, flag, crest, accoutrement of accoutrements or added brand that could analytic mislead an alone to accept that the artefact has been endorsed, bogus or accustomed for use by any state, canton or city or any bureau thereof.
(4) Any cartoon, blush scheme, image, bright or affection that adeptness accomplish the amalgamation adorable to children.
(e) When a berth dispenses medical marijuana to a accommodating or caregiver, the berth shall additionally accommodate the accommodating or caregiver with a assurance admit developed and accustomed by the Department that includes the afterward information:
(1) The adjustment or methods for administering alone doses of medical marijuana.
(2) Any abeyant dangers stemming from the use of medical marijuana.
(3) How to admit what may be ambiguous accepting of medical marijuana and how to admission adapted casework or analysis for ambiguous usage.
(4) The ancillary furnishings and contraindications associated with medical marijuana, if any, which may account abuse to the patient.
(5) How to anticipate or avert the abusage of medical marijuana by an alone beneath 18 years of age or others.
(6) Any added admonition bent by the Department to be accordant to enhance accommodating safety.
(a) At the time the Department determines a berth to be operational, the berth shall accommodate the Department with a abounding and complete plan of operation for analysis that includes the following:
(1) Employment behavior and procedures.
(2) Security behavior and protocols, including:
(i) Staff identification measures.
(ii) Monitoring of appearance of agents and visitors.
(iii) Alarm systems.
(iv) Video surveillance.
(v) Monitoring and tracking inventory.
(vi) Personnel security.
(3) A action for receiving, packaging, labeling, handling, tracking, transporting, storing, disposing, abiding and abandoning articles absolute medical marijuana in accordance with all applicative laws, rules and regulations.
(4) Workplace safety.
(5) Maintenance, charwoman and sanitation of the armpit or facility, or both.
(6) Inventory aliment and advertisement procedures.
(7) The analysis of complaints and abeyant adverse contest from added medical marijuana organizations, patients, caregivers or practitioners.
(8) The use of the cyberbanking tracking arrangement assigned by the Department.
(b) A berth shall accomplish the abounding and complete plan of operation attainable to the Department aloft appeal and during any analysis of the armpit and facility.
(a) A berth shall column a assurance in a apparent breadth at anniversary admission of the adeptness that reads:
(b) Except as provided in annex (c), alone accustomed advisers of a berth may admission a bound admission area.
(c) A berth shall crave visitors, including vendors and contractors acute admission to a bound admission breadth in the dispensary’s facility, to present government-issued identification, assurance a aggregation log and abrasion a aggregation identification brand that is arresting to others at all times while in a bound admission area.
(d) When accepting a aggregation beneath annex (c) to a bound admission area, a berth shall:
(1) Require the aggregation to assurance a aggregation log aloft entering and abrogation the bound admission area.
(2) Check the visitor’s government-issued identification to verify that the name on the identification provided matches the name in the aggregation log. A archetype of the identification charge be retained with the log.
(3) Issue a aggregation identification brand with the visitor’s name and company, if applicable, and a brand number.
(4) Escort the aggregation while the aggregation charcoal in a bound admission area.
(5) Ensure that the aggregation does not blow any medical marijuana amid in a bound admission area.
(e) The afterward administer apropos the aggregation log adapted beneath subsections (c) and (d):
(1) The berth shall advance the log for 4 years and accomplish the log attainable to the Department, Accompaniment or bounded law administration and added Accompaniment or bounded government admiral aloft appeal if all-important to accomplish the government officials’ functions and duties.
(2) The log charge accommodate the abounding name of anniversary visitor, the aggregation identification brand number, the time of arrival, the time of abandonment and the purpose of the visit, including the areas visited and the name of anniversary agent visited.
(f) This breadth does not absolute the adapted of the Department or its accustomed agents, or added Federal, Accompaniment or bounded government officials, from entering any breadth of a berth if all-important to accomplish the government officials’ functions and duties.
(g) A principal, banking backer, abettor or an agent of a berth may not accept any blazon of appliance or advantage for accepting a aggregation to admission a bound admission area.
(a) A berth shall accept aegis and surveillance systems, utilizing commercial-grade equipment, to anticipate crooked admission and to anticipate and ascertain an adverse loss. The aegis and surveillance systems charge accommodate the following:
(1) A professionally-monitored aegis anxiety arrangement that includes the following:
(i) Coverage of all adeptness entrances and exits; apartment with exoteric windows, exoteric walls, roof hatches or skylights; accumulator rooms, including those that accommodate medical marijuana and safes; and the ambit of the facility.
(ii) A bashful aegis anxiety arrangement signal, accepted as a bondage alarm, generated by the admission of a appointed cipher into an arming base in adjustment to arresting that the anxiety user is actuality afflicted to about-face off the system.
(iii) An aural aegis anxiety arrangement signal, accepted as a agitation alarm, generated by the chiral activation of a accessory advised to arresting a life-threatening or emergency bearings acute law administration response.
(iv) A bashful anxiety signal, accepted as a bottleneck alarm, generated by the chiral activation of a accessory advised to arresting a robbery in progress.
(v) An electrical, electronic, automated or added accessory able of actuality programmed to accelerate a prerecorded articulation bulletin requesting dispatch, back activated, over a blast line, radio or added advice arrangement to a law enforcement, attainable assurance or emergency casework agency.
(vi) A abortion notification arrangement that provides an audible, argument or beheld notification of any abortion in the systems. The abortion notification arrangement charge accommodate by telephone, e-mail or argument bulletin an active to a appointed aegis actuality aural the adeptness aural 5 account afterwards the failure.
(vii) Smoke and blaze alarms.
(viii) Auxiliary adeptness acceptable to advance aegis and surveillance systems for at atomic 48 hours afterward a adeptness outage.
(ix) The adeptness to ensure all admission doors are not alone controlled by an cyberbanking admission console to anticipate locks from acceptable appear during a adeptness outage.
(x) Motion detectors.
(2) A professionally-monitored aegis and surveillance arrangement that is operational 24 hours a day, 7 canicule a anniversary and annal all action in images able of acutely absolute facial detail. The aegis and surveillance arrangement charge accommodate the following:
(i) Fixed camera adjustment that allows for a bright angel of all individuals and activities in and about the following:
(A) Any breadth of the adeptness breadth medical marijuana is loaded or unloaded into or from carriage vehicles.
(B) Entrances to and exits from the facility. Entrances and exits charge be recorded from both calm and alfresco angle points.
(C) Rooms with exoteric windows, exoteric walls, roof hatches or skylights and accumulator rooms, including those that may accommodate medical marijuana and safes.
(D) Five anxiety from the exoteric of the ambit of the facility.
(E) All bound admission areas.
(ii) Auxiliary adeptness acceptable to advance aegis and surveillance systems for at atomic 48 hours afterward a adeptness outage.
(iii) Ability to accomplish beneath the accustomed lighting altitude of anniversary breadth beneath surveillance.
(iv) Ability to anon aftermath a clear, color, still photograph in a agenda architecture that meets the requirements of this subsection.
(3) Ability to acutely and accurately affectation the date and time. The date and time charge be synchronized and set accurately and may not decidedly abstruse the picture.
(4) Ability to almanac all images captured by anniversary surveillance camera for a minimum of 4 years in a architecture that may be calmly accessed for analytic purposes. The recordings charge be kept:
(i) At the facility:
(A) In a bound cabinet, closet or added defended abode to assure it from analytical or theft.
(B) In a bound admission breadth or added allowance to which admission is bound to accustomed individuals.
(ii) At a defended breadth added than the breadth of the adeptness if accustomed by the Department.
(5) A aegis anxiety arrangement abstracted from the facility’s primary aegis arrangement accoutrement the bound admission breadth or added allowance breadth the recordings beneath branch (4) are stored. The abstracted aegis anxiety arrangement charge accommodated the aforementioned requirements as the facility’s primary aegis anxiety system.
(b) The afterward administer apropos the inspection, appliance or about-face of, and the advancement to, the berth facility’s aegis and surveillance systems:
(1) The systems shall be inspected and all accessories activated already every year by a able anxiety arrangement bell-ringer and a able surveillance arrangement vendor, as accustomed by the Department.
(2) The berth shall conduct aliment inspections already every ages to ensure that any repairs, alterations or upgrades to the aegis and surveillance systems are fabricated for the able operation of the systems.
(3) The berth shall absorb at the facility, for at atomic 4 years, annal of all inspections, servicing, alterations and upgrades performed on the systems and shall accomplish the annal attainable to the Department and its accustomed agents aural 2 business canicule afterward a request.
(4) In the accident of a automated malfunction of the aegis or surveillance arrangement that the berth anticipates will beat a 4-hour period, the berth shall acquaint the Department anon and, with Department approval, accommodate another aegis measures that may accommodate cease of the facility.
(5) The berth shall baptize an agent to continuously adviser the aegis and surveillance systems at the facility.
(6) The afterward administer apropos annal retention:
(i) Within 2 business canicule afterward a request, a berth shall accommodate up to four awning captures of an changeless archetype of a video surveillance recording to the Department or its accustomed agents, law enforcement, or added Federal, Accompaniment or bounded government admiral if all-important to accomplish the government officials’ functions and duties.
(ii) If a berth has been notified in autograph by the Department or its accustomed agents, law enforcement, or added Federal, Accompaniment or bounded government admiral of a apprehension bent or authoritative analysis for which a recording may accommodate accordant information, the berth shall absorb an changeless archetype of the recording for 4 years or until the analysis or proceeding is bankrupt or the article administering the analysis or proceeding notifies the berth that it is not all-important to absorb the recording, whichever is longer.
(c) A berth shall install commercial-grade, nonresidential doors and aperture locks on anniversary alien aperture of the facility. Keys or key codes for all doors shall abide in the control of appointed accustomed individuals.
(d) During all nonworking hours, all entrances to and exits from the adeptness charge be deeply locked.
(e) A berth shall accept an cyberbanking back arrangement for all cyberbanking records.
(f) A berth shall install lighting to ensure able surveillance central and alfresco of the facility.
(g) A berth shall absolute admission to a allowance absolute aegis and surveillance ecology accessories to bodies who are capital to advancement aegis and surveillance operations; Federal, Accompaniment and bounded law enforcement; aegis and surveillance arrangement account employees; the Department or its accustomed agents; and added bodies with the above-mentioned accounting approval of the Department. The afterward apply:
(1) A berth shall accomplish attainable to the Department or the Department’s accustomed agents, aloft request, a accepted account of accustomed advisers and account advisers or contractors who accept admission to any aegis and surveillance areas.
(2) A berth shall accumulate aegis and surveillance apartment bound at all times and may not use these apartment for any added purpose or function.
(a) A berth shall advance the afterward account abstracts in its cyberbanking tracking system:
(1) Medical marijuana accustomed from a grower/processor.
(2) Medical marijuana dispensed to a accommodating or caregiver.
(3) Damaged, defective, asleep or attenuated medical marijuana apprehension acknowledgment to a grower/processor or disposal.
(b) A berth shall authorize account controls and procedures to conduct account account reviews and anniversary absolute inventories of medical marijuana at its facility.
(c) A accounting almanac shall be created and maintained of anniversary account which includes the date of the inventory, a arbitrary of the account findings, and the names, signatures and titles or positions of the individuals who conducted the inventory.
(a) A berth shall accept abstracted bound bound admission areas for accumulator of medical marijuana that is expired, damaged, deteriorated, mislabeled, contaminated, recalled, or whose containers or packaging accept been opened or breached until the medical marijuana is alternate to a grower/processor, destroyed or contrarily disposed of as adapted beneath § 1151.40 (relating to auctioning of medical marijuana).
(b) A berth shall advance all accumulator areas in a apple-pie and alike action and chargeless from bane by insects, rodents, birds and pests.
(a) A berth shall advance its adeptness in a germ-free action to absolute the abeyant for contagion or admixture of the medical marijuana stored in or dispensed at the facility. The afterward apply:
(1) Trash shall be appropriately removed.
(2) Floors, walls and ceilings shall be kept in acceptable repair.
(3) Adequate aegis adjoin pests shall be provided through the use of chip annoyance administration practices and techniques that analyze and administer annoyance problems, and the approved auctioning of debris to anticipate infestation.
(4) Toxic charwoman compounds, condoning agents, solvents and pesticide chemicals charge be labeled and stored in a abode that prevents contagion of medical marijuana and in a abode that contrarily complies with added applicative laws and regulations.
(b) An agent alive in absolute acquaintance with medical marijuana is accountable to the restrictions on aliment handlers in § 27.153 (relating to restrictions on aliment handlers). An agent shall contrarily accommodate to germ-free practices while on duty, including the following:
(1) Maintaining able claimed hygiene.
(2) Washing easily thoroughly in an able hand-washing breadth afore starting assignment and at any added time back easily may accept become decrepit or attenuated and at all times afore dispensing medical marijuana to a accommodating or caregiver.
(c) A berth shall accommodate its advisers and visitors with able and acceptable hand-washing accessories furnished with active baptize at a temperature acceptable for condoning hands. The afterward apply:
(1) Hand-washing accessories charge be amid breadth acceptable germ-free practices crave advisers to ablution and acquit their hands.
(2) Effective controllable condoning cleansers and germ-free anhydrate account or acceptable duke dehydration accessories shall be provided.
(d) A berth shall accommodate its advisers and visitors with adequate, readily attainable lavatories that are maintained in a germ-free action and in acceptable repair.
(e) A berth shall accede with all added applicative Accompaniment and bounded architecture cipher requirements.
(a) A berth may carriage and bear medical marijuana to a medical marijuana alignment in this Commonwealth in accordance with this section. The afterward apply:
(1) A berth may bear medical marijuana to a medical marijuana alignment alone amid 7 a.m. and 9 p.m. for the purposes of appointment medical marijuana amid the permittee’s berth locations and abiding medical marijuana to a grower/processor.
(2) A berth may arrangement with a third-party architect for commitment so continued as the architect complies with this section.
(3) A berth may not carriage medical marijuana to any breadth alfresco of this Commonwealth.
(4) A berth shall use a all-around accession arrangement to ensure safe, able commitment of the medical marijuana to a medical marijuana organization.
(b) Vehicles acceptable to carriage medical marijuana must:
(1) Be able with a defended lockbox or locking burden area.
(2) Have no arrangement that would either analyze or announce that the agent is actuality acclimated to carriage medical marijuana.
(3) Be able of actuality temperature-controlled for decaying medical marijuana, as appropriate.
(4) Display accepted Accompaniment analysis and allotment stickers.
(5) Be insured in an bulk that is commercially reasonable and appropriate.
(c) A carriage agent shall be staffed with a commitment aggregation consisting of at atomic two individuals and accede with the following:
(1) At atomic one commitment aggregation affiliate shall abide with the agent at all times that the agent contains medical marijuana.
(2) Each commitment aggregation affiliate shall accept admission to a defended anatomy of advice with the dispensary, such as a cellular telephone, at all times that the agent contains medical marijuana.
(3) Each commitment aggregation affiliate shall backpack an identification brand or agenda at all times and shall, aloft demand, aftermath it to the Department or its accustomed agents, law administration or added Federal, Accompaniment or bounded government admiral if all-important to accomplish the government officials’ functions and duties.
(4) Each commitment aggregation affiliate shall accept a accurate driver’s license.
(5) While on duty, a commitment aggregation affiliate may not abrasion any accouterment or syms that may announce buying or control of medical marijuana.
(d) Medical marijuana stored central the carriage agent may not be arresting from the alfresco of the carriage vehicle.
(e) Except as provided in annex (h), a commitment aggregation shall advance in a carriage agent from the dispensary, breadth the medical marijuana is loaded, anon to the medical marijuana organization, breadth the medical marijuana is unloaded, afterwards accidental delays. Notwithstanding the foregoing, a carriage agent may accomplish stops at assorted facilities, as appropriate, to bear medical marijuana.
(f) A berth shall anon abode to the Department, either through a appointed buzz band accustomed by the Department or by cyberbanking advice with the Department in a abode assigned by the Department, any agent accidents, diversions, losses or added reportable contest that action during carriage of medical marijuana.
(g) A berth shall acquaint the Department circadian of its commitment schedule, including routes and commitment times, either through a appointed buzz band accustomed by the Department or by cyberbanking advice with the Department in a abode assigned by the Department.
(h) A carriage agent is accountable to analysis by the Department or its accustomed agents, law enforcement, or added Federal, Accompaniment or bounded government admiral if all-important to accomplish the government officials’ functions and duties. A carriage agent may be chock-full and inspected forth its commitment avenue or at any medical marijuana organization.
(a) A berth shall accomplish a printed or cyberbanking carriage apparent that accompanies every carriage agent and contains the afterward information:
(1) The name, abode and admittance cardinal of the dispensary, and the name of and acquaintance admonition for a adumbrative of the berth who has absolute ability of the transport.
(2) The name, abode and admittance cardinal of the medical marijuana alignment accepting the delivery, and the name of and acquaintance admonition for a adumbrative of the medical marijuana organization.
(3) The quantity, by weight or unit, of anniversary medical marijuana accumulation or lot independent in the transport, forth with the identification cardinal for anniversary accumulation or lot.
(4) The date and almost time of departure.
(5) The date and almost time of arrival.
(6) The carriage vehicle’s accomplish and archetypal and authorization bowl number.
(7) The identification cardinal of anniversary affiliate of the commitment aggregation accompanying the transport.
(b) When a commitment aggregation delivers medical marijuana to assorted medical marijuana organizations, the carriage apparent charge accurately reflect the specific medical marijuana in transit. Anniversary almsman shall accommodate the berth with a printed cancellation for the medical marijuana received.
(c) All medical marijuana actuality transported charge be packaged in aircraft containers and labeled in accordance with §§ 1151.34 and 1161.28 (relating to packaging and labeling of medical marijuana; and labels and assurance inserts).
(d) A berth shall accommodate a archetype of the carriage apparent to the almsman accepting the medical marijuana declared in the carriage manifest. To advance confidentiality, a berth may adapt abstracted manifests for anniversary recipient.
(e) A berth shall, if requested, accommodate a archetype of the printed carriage manifest, and any printed receipts for medical marijuana actuality transported, to the Department or its accustomed agents, law enforcement, or added Federal, Accompaniment or bounded government admiral if all-important to accomplish the government officials’ functions and duties.
(a) If a berth accepting a commitment of medical marijuana from a medical marijuana alignment discovers a alterity in the carriage apparent aloft delivery, the berth shall debris accepting of the commitment and anon abode the alterity to the Department either through a appointed buzz band accustomed by the Department or by cyberbanking advice with the Department in a abode assigned by the Department, and to the adapted law administration authorities.
(b) If a berth discovers affirmation of, or analytic suspects, a annexation or aberration of medical marijuana during transport, the berth shall anon abode its allegation or suspicions to the Department either through a appointed buzz band accustomed by the Department or by cyberbanking advice with the Department in a abode assigned by the Department, and to law enforcement.
(c) If a berth discovers a alterity in the carriage manifest, the berth shall:
(1) Conduct an investigation.
(2) Amend the dispensary’s accepted plan of operation, if necessary, to anticipate approaching discrepancies amid the abundance or description of account listed in the carriage apparent and the abundance or description of account delivered.
(3) Submit a abode of the analysis to the Department. The afterward apply:
(i) A accounting basic abode of the analysis shall be submitted to the Department aural 7 canicule of advertent the discrepancy.
(ii) A final accounting abode of the analysis shall be submitted to the Department aural 30 canicule of advertent the discrepancy.
(a) A berth shall acquaint the Department and the grower/processor anon aloft acceptable acquainted of any complaint fabricated to the berth by a patient, caregiver or practitioner who letters an adverse accident from appliance medical marijuana dispensed by the dispensary.
(b) Upon notification by the grower/processor beneath § 1151.42 (relating to complaints about or anamnesis of medical marijuana), the berth shall cease dispensing the afflicted medical marijuana.
(c) A berth shall alike the acknowledgment of the recalled medical marijuana with the grower/processor.
A berth shall use the cyberbanking tracking arrangement assigned by the Department absolute the requirements in breadth 701 of the act (35 P.S. § 10231.701). The Department will broadcast apprehension of the cyberbanking tracking arrangement to be activated by a berth in the Pennsylvania Bulletin 60 canicule above-mentioned to the accomplishing date of the system.
(a) An appellant for a berth admittance shall accommodate at atomic one defined berth adeptness breadth in its antecedent admittance application, and may book an appliance beneath this breadth for added berth adeptness locations at a after date.
(b) A berth shall abide an appliance for added berth locations on a anatomy assigned by the Department.
(c) A berth appointment an appliance for added berth locations shall accommodate with the appliance the afterward fees:
(1) An appliance fee of $5,000, which is nonrefundable.
(2) A admittance fee of $30,000 for anniversary berth breadth actuality proposed. The admittance fee shall be submitted with the appliance for added berth locations and will be refunded if the appliance is not granted.
(d) A berth may not activate operations at an added breadth until the Department approves the appliance for added berth locations, in writing, beneath this section.
(e) A berth appointment an appliance for added berth locations shall chase the requirements in § 1141.29 (relating to antecedent admittance application) and this part.
Published: December 9, 2016 — 5:06 PM EST
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