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28 Pa. Code § 1131.1. Definitions.

§ 1131.1. Definitions.

 The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

   Act—The Medical Marijuana Act (35 P.S. § §  10231.101—10231.2110).

   Applicant—One of the following who intends to obtain and administer medical marijuana to a minor under this chapter:

     (i)   A parent.

     (ii)   A legal guardian.

     (iii)   A caregiver.

     (iv)   An appropriate individual approved by the Department under section 506 of the act (35 P.S. §  10231.506).

   Caregiver—An appropriate individual approved by the Department under §  1131.2(c)(1) (relating to medical marijuana from outside this Commonwealth).

   Certified medical use—The acquisition, possession, use or transportation of medical marijuana by a minor, or the acquisition, possession, delivery, transportation or administration of medical marijuana by the applicant, for use as part of the treatment of the minor’s serious medical condition.

   Department—The Department of Health of the Commonwealth.

   Form of medical marijuana—The characteristics of the medical marijuana recommended or limited for a particular minor, including the method of consumption and any particular dosage, strain, variety and quantity or percentage of medical marijuana or particular active ingredient.

   Legal guardian—An individual lawfully invested with the power, and charged with the obligation, of taking care of and managing the property and rights of an individual under 18 years of age.

   Medical marijuana—Marijuana used for a certified medical use by a minor with a serious medical condition, limited to the following forms:

     (i)   Pill.

     (ii)   Oil.

     (iii)   Topical forms, including gel, creams and ointments.

     (iv)   A form medically appropriate for administration by vaporization or nebulization, excluding dry leaf or plant form.

     (v)   Tincture.

     (vi)   Liquid.

   Medical Marijuana Program—The program enacted and administered by the Department under the act.

   Minor—A patient under 18 years of age under the treatment of a physician for a serious medical condition under section 2106 of the act (35 P.S. §  10231.2106) who is a resident of this Commonwealth.

   Parent—The natural or adoptive mother or father of a minor.

   Safe Harbor Letter—A letter provided by the Department to an applicant under section 2106 of the act and this chapter that allows the applicant to administer medical marijuana to a minor in this Commonwealth.

   Serious medical condition—One of the following conditions for which a minor may be permitted to use medical marijuana in this Commonwealth:

     (i)   Cancer.

     (ii)   Positive status for Human Immunodeficiency Virus or Acquired Immune Deficiency Syndrome.

     (iii)   Amyotrophic lateral sclerosis.

     (iv)   Parkinson’s disease.

     (v)   Multiple sclerosis.

     (vi)   Damage to the nervous tissue of the spinal cord with objective neurological indication of intractable spasticity.

     (vii)   Epilepsy.

     (viii)   Inflammatory bowel disease.

     (ix)   Neuropathies.

     (x)   Huntington’s disease.

     (xi)   Crohn’s disease.

     (xii)   Post-traumatic stress disorder.

     (xiii)   Intractable seizures.

     (xiv)   Glaucoma.

     (xv)   Sickle cell anemia.

     (xvi)   Severe chronic or intractable pain of neuropathic origin or severe chronic or intractable pain in which conventional therapeutic intervention and opiate therapy is contraindicated or ineffective.

     (xvii)   Autism.



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