Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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28 Pa. Code § 1131.3. Application.

§ 1131.3. Application.

 (a)  An applicant shall submit an application for a Safe Harbor Letter under this chapter on a form provided by the Department under subsection (d), and shall include the following information and any other information deemed necessary by the Department:

   (1)  The name, address and date of birth of the following:

     (i)   The minor.

     (ii)   The applicant.

   (2)  The minor’s state and county of birth, if the minor was not born in this Commonwealth.

   (3)  The relationship of the applicant to the minor.

   (4)  A copy of legal guardianship papers, if the applicant is a legal guardian.

   (5)  A copy of legal proof of marriage, if the applicant is under 21 years of age and the minor’s spouse.

   (6)  The applicant’s proof of residency by submitting one of the following:

     (i)   A Pennsylvania driver’s license.

     (ii)   A Department of Transportation-issued identification card.

     (iii)   Another form of identification that contains a photo and is approved by the Department in the application.

   (7)  The applicant’s criminal history record information obtained from the Pennsylvania State Police or its authorized agent.

   (8)  A written statement from a licensed physician in this Commonwealth listing the serious medical condition of the minor, the physician’s name, address of practice, telephone number and State license number.

   (9)  An applicant shall verify that the applicant will obtain the medical marijuana lawfully in another state.

 (b)  The applicant shall complete every required section of the application before it will be considered by the Department.

   (1)  If the Department deems an application submitted by an applicant to be incomplete, the Department will notify the applicant in writing of the factors for which further documentation is required.

   (2)  The applicant shall have 30 days from the mailing date of the notification to submit the additional material to the Department or the Department will deem the application as denied and the applicant will be required to submit a new application.

 (c)  The applicant shall certify as part of the application that the applicant understands and agrees to the following:

   (1)  Marijuana is a prohibited Schedule I controlled substance under Federal law.

   (2)  Participation in the Medical Marijuana Program is permitted only to the extent provided by the act and this chapter.

   (3)  An activity not sanctioned by the act or this chapter is a violation of State law.

   (4)  Growing, distributing or possessing marijuana in any capacity, except through a Federally-approved research program, is a violation of Federal law.

   (5)  Improper use or acquisition of medical marijuana may be a violation of State or Federal law.

   (6)  Participation in the Medical Marijuana Program does not authorize a person to violate Federal or State law and does not provide immunity from or affirmative defense to arrest or prosecution under Federal or State law except as provided under the act.

   (7)  An applicant, physician or minor shall indemnify, hold harmless and defend the Commonwealth for any and all civil or criminal penalties resulting from participation in the Medical Marijuana Program, including obtaining medical marijuana from outside this Commonwealth as set forth in section 2106 of the act (35 P.S. §  10231.2106).

 (d)  The applicant shall agree to and accept the limitations of liability and the requirements to indemnify, hold harmless and defend the Commonwealth by certifying that the applicant understands and agrees to the following:

   (1)  Limitation of liability. The Commonwealth is not liable to the state or entity from which the parent, guardian or caregiver obtained medical marijuana, the physician who provided a statement listing the serious medical condition of the minor, a caregiver of the minor, family members or guests for any damage, injury, accident, loss, compensation or claim, based on, arising out of or resulting from the growing, processing, dispensing, transportation or sale of medical marijuana to the applicant or minor, including, but not limited to, the following:

     (i)   Arrest.

     (ii)   Seizure of persons or property, or both.

     (iii)   Prosecution under State or Federal law by State or Federal prosecutors.

     (iv)   Fire, robbery, theft, mysterious disappearance or any other casualty.

     (v)   The actions of any other permittees, registrants or persons.

   (2)  Criminal prosecution. The United States Congress has determined that marijuana is a controlled substance. Growing, distributing, transporting, possessing and using marijuana in any capacity, except as part of a Federally-authorized research program, is a violation of Federal law. The Pennsylvania General Assembly has placed marijuana in Schedule I of The Controlled Substance, Drug, Device and Cosmetic Act (35 P.S. § §  780-101—780-144). Growing, distributing, transporting, possessing and using marijuana is a violation of State law, except as specifically set forth in the act and this part.

 (e)  An application shall be obtained and submitted as required by the Department.

 (f)  The application must include a notice that a false statement by the applicant is punishable under the applicable provisions of 18 Pa.C.S. Chapter 49 (relating to falsification and intimidation).

Cross References

   This section cited in 28 Pa. Code §  1131.4 (relating to validity of Safe Harbor Letter).



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