Pennsylvania Publishes New Rules For Medical Marijuana Dispensaries

Katelyn Baker

Well-Known Member
Pennsylvania's medical marijuana program expects to solicit applications from aspiring growers, processors and dispensaries in early 2017, health department officials said this week after unveiling draft regulations that will govern the outlets that sell cannabis.

Since April 17, when Gov. Wolf signed the medical marijuana bill into law, the health department has granted "safe harbor" letters to 103 parents and caregivers, Secretary of Health Karen Murphy said at a news conference. The letters permit them to obtain out-of-state marijuana products for children who suffer from any of 17 medical conditions for which the law allows cannabis to be used. Use by adults is not yet permitted.

Temporary regulations for growers and processors will be published Saturday in the Pennsylvania Bulletin, she said, adding the health department had received "nearly 1,000 comments from members of the community, the industry and our legislative partners" and were used to guide the final document.

"This is a program we are starting from the ground up," Murphy said. "We feel this type of engagement is incredibly important for the integrity of the program."

The latest version of those regulations, dated Oct. 12, removes previously published sections about taxation and conflict of interest. It was unclear if those sections will reemerge in the future.

Otherwise, the revisions were relatively insignificant.

  • Growers will be allowed to import cannabis seedlings during the first 30 days of the program.
  • The state is now divided into six geographical regions, up from three, for the purposes of distributing licenses for growhouses and dispensaries. (The number of permits each region gets will be determined by local population, the number of potential patients and their medical conditions, and access to public transportation. Areas with a need for economic development - think depressed cities and coal towns - will get special consideration.)
  • The word "person" is defined to clearly include corporations and LLCs which will allow licenses and permits to be sold like liquor licenses to publicly traded businesses.
  • The minimum age of growhouse employees drops from 21 to 18.
  • Medical marijuana delivery personnel will no longer be limited to holders of Pennsylvania drivers licenses.
The draft dispensary regulations released on Tuesday may give entrepreneurs and city planning boards cause for concern.

Dispensaries, the regulations say, may not be located within 1,000 feet of a school or daycare facility. But the document also rules out dispensaries "inside the same physical space or area of another commercial property being operated as a retail business" or in buildings adjacent to businesses that share an entrance or exit. That would rule out malls.

The document says the health department may issue waivers if "necessary to provide patients with adequate access to medical marijuana" but going through that process could add months to setting up a business.

Philadelphia planners have discussed the restriction with the state health department, and have asked to reduce the 1,000 foot buffer to 500 feet, said Paula Brumbelow, senior planner with the Planning Commission.

Eventually there could be up to 25 grower-processors in Pennsylvania and as many as 50 dispensaries, with three locations each.

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News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: Pennsylvania Publishes New Rules For Medical Marijuana Dispensaries
Author: Sam Wood
Photo Credit: Steven M. Falk
Website: philly.com
 
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