RULES AND REGULATIONS
Title 28—HEALTH AND SAFETY
DEPARTMENT OF HEALTH
[28 PA. CODE CHS. 1141, 1151, 1161, 1171, 1181, 1191, 1211 AND 1230]
Medical Marijuana; General Provisions; Growers/Processors; Dispensaries; Laboratories; Physicians and Practitioners; Patients and Caregivers; Clinical Registrants and Academic Clinical Research Centers; and Practice and Procedure; Temporary Regulations
[52 Pa.B. 359]
[Saturday, January 15, 2022]
To implement the Medical Marijuana Program, the Department of Health (Department) periodically published temporary regulations regarding various sections of the Medical Marijuana Act (act) (35 P.S. §§ 10231.101—10231.2110). The act was amended on June 30, 2021, (P.L. 210, No. 44) to extend the expiration date of the Department's authority to adopt temporary regulations until May 31, 2022. See section 1107(b) of the act. Pursuant to this authority, the Department is extending the deadline of the Department's temporary medical marijuana regulations by republishing and readopting the temporary regulations to read as set forth in the following existing chapters:
• Chapter 1141 (relating to general provisions—temporary regulations). This chapter sets forth the general requirements for the Medical Marijuana Program.
• Chapter 1151 (relating to growers/processors—temporary regulations). This chapter sets forth the requirements for an entity to become permitted and operate as a grower/processor under the act.
• Chapter 1161 (relating to dispensaries—temporary regulations). This chapter sets forth the requirements for an entity to become permitted and operate as a dispensary under the act.
• Chapter 1171 (relating to laboratories—temporary regulations). This chapter sets forth the requirements for a laboratory to become approved by the Department to test medical marijuana under the act.
• Chapter 1181 (relating to physicians and practitioners—temporary regulations). This chapter sets forth the requirements for a physician to become a practitioner who may issue patient certifications under the act.
• Chapter 1191 (relating to patients and caregivers—temporary regulations). This chapter sets forth the requirements for a patient and caregiver to become registered with the Department to participate in the Medical Marijuana Program under the act.
• Chapter 1211 (relating to clinical registrants and academic clinical research centers—temporary regulations). This chapter pertains to clinical registrants and academic clinical research centers in this Commonwealth who wish to participate in the Medical Marijuana Program.
• Chapter 1230 (relating to practice and procedure—temporary regulations). This chapter pertains to growers/processors, dispensaries, laboratories, disappointed medical marijuana organization permit applicants and any other person choosing to challenge an action taken by the Office of Medical Marijuana under the act.
The temporary regulations are published under the Medical Marijuana Act (act) (35 P.S. §§ 10231.101—10231.2110). Section 1107 of the act (35 P.S. § 10231.1107) specifically provides that the Department may promulgate temporary regulations that are not subject to sections 201—205 of the act of July 31, 1968 (P.L. 769, No. 240) (45 P.S. §§ 1201—1205), referred to as the Commonwealth Documents Law, the Regulatory Review Act (71 P.S. §§ 745.1—745.14) and sections 204(b) and 301(10) of the Commonwealth Attorneys Act (71 P.S. §§ 732-204(b) and 732-301(10)).
The Department published proposed regulations at 51 Pa.B. 1141 (March 6, 2021). The Department intends to promulgate the final-form Medical Marijuana regulations by Spring 2022.
Interested persons are invited to submit written comments, suggestions or objections regarding these amended temporary regulations to John J. Collins, Office of Medical Marijuana, Department of Health, Room 628, Health and Welfare Building, 625 Forster Street, Harrisburg, PA 17120, (717) 547-3047, RA-DHMedMarijuana@pa.gov.
Persons with a disability who wish to submit comments, suggestions or objections regarding these amended temporary regulations or who require an alternative format of these amended temporary regulations (for example, large print, audiotape, Braille) may do so by using the previous contact information, or for speech and/or hearing impaired persons, call the Pennsylvania Hamilton Relay Service at (800) 654-5984 (TDD users) or (800) 654-5988 (voice users).
The Department, acting under section 1107 of the act (35 P.S. § 10231.1107), orders that:
(1) The following temporary regulations of the Department are incorporated by reference under 1 Pa. Code § 3.41 (relating to matter not required to be published) and readopted:
28 Pa. Code Chapter 1141 pages 1141-1 to 1141-35 at serial pages (393521) to (393522), (391791) to (391806), (393523) to (393524), (391809) to (391810), (393525) to (393526) and (391813) to (391823).
28 Pa. Code Chapter 1151 pages 1151-1 to 1151-29 at serial pages (393527) to (393528) and (391827) to (391853).
28 Pa. Code Chapter 1161 pages 1161-1 to 1161-17 at serial pages (393529) to (393530), (391857) to (391870) and (393531).
28 Pa. Code Chapter 1171 pages 1171-1 to 1171-13 at serial pages (391873) to (391885).
28 Pa. Code Chapter 1181 pages 1181-1 to 1181-10 at serial pages (391887) to (391896).
28 Pa. Code Chapter 1191 pages 1191-1 to 1191-10 at serial pages (391897) to (91906).
28 Pa. Code Chapter 1211 pages 1211-1 to 1211-15 at serial pages (395023) to (395037).
28 Pa. Code Chapter 1230 pages 1230-1 to 1230-8 at serial pages (391909) to (391916).
(2) This order shall take effect upon publication in the Pennsylvania Bulletin.
Fiscal Note: Fiscal Notes Reg # 10-210, 10-212, 10-213, 10-214, 10-215, 10-207, 10-217, and 10-218 remain valid for the republication of the subject temporary regulations.
KEARA KLINEPETER, MSHCPM,
[Pa.B. Doc. No. 22-78. Filed for public inspection January 14, 2022, 9:00 a.m.]
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