Medical Marijuana Updates for Growers, Processors and Dispensaries

Steven T. Boell      Oct. 28, 2016

Recent publication of temporary and draft guidelines by the state of Pennsylvania bring the reality of medical marijuana in Pennsylvania one step closer.

On October 28, 2016, the Pennsylvania’s Department of Health published temporary regulations for growers and processors of medical marijuana in a significant step towards commencing the application process.  These regulations are now effective and related to the following:

  • Criminal background checks/restrictions of ownership
  • Limitations on the number of permits
  • Specifics for the content of the application
  • Timelines on the commencement of operations
  • Restrictions relating to transfer of permits
  • Duty to report certain activities
  • Requirements for the plans of operation
  • Regulations on the form and inventory of medical marijuana
  • Equipment and sanitation requirements
  • Regulations related to the transport of medical marijuana
  • Insurance requirements
  • Tax reporting

It is anticipated that the Department will make application materials for these limited licenses available before the end of the year with a relatively short window for submissions. 

On October 25, the Department of health also posted draft rules for medical marijuana dispensaries

The draft regulations spelled out general rules, such as requiring employees to be at least 18 years old. The regulations also provide:

  • Rules for dispensing the medical marijuana;
  • Requirements for having medical professional or pharmacist on premises;
  • Standards for the physical features of the facilities (e.g., indoor, enclosed and secure);
  • Definitions of what can and can’t be dispensed or sold;
  • Details on labels and safety inserts of medical marijuana;
  • Clear rules on visitors’, security and surveillance;
  • Storage and sanitation requirements;
  • Electronic tracking system protocols

The state is giving the public until November 4 to provide feedback on these draft regulations. For more information about the medical marijuana law in Pennsylvania, click here to see our previous blog posts.


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