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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 52 Pa.B. 6342 (October 1, 2022).

28 Pa. Code § 1131.4. Validity of Safe Harbor Letter.

§ 1131.4. Validity of Safe Harbor Letter.

 (a)  The Safe Harbor Letter will be valid from the date of issuance by the Department until May 17, 2018, or unless any of the following occurs:

   (1)  The minor reaches 18 years of age.

   (2)  The minor dies.

   (3)  The applicant dies or is no longer capable of carrying out the applicant’s responsibilities.

   (4)  The minor changes physicians.

   (5)  The minor’s physician knows or has reason to know that the minor no longer suffers from a serious medical condition and that use of medical marijuana would not be medically indicated.

   (6)  The minor establishes residency in another state.

   (7)  The applicant receives notice under subsection (f).

 (b)  The applicant or physician, or both, shall notify the Department in writing immediately upon knowledge of any change in the information in the original application and upon the occurrence of an event listed in subsection (a). The applicant shall return the invalid Safe Harbor Letter to the Department.

 (c)  A new application shall be submitted to the Department under the following circumstances:

   (1)  The minor changes physicians. The application must include a written statement from the new physician that the minor suffers from a serious medical condition and state the nature of that condition.

   (2)  The applicant is no longer capable of carrying out his responsibilities under section 2106 of the act (35 P.S. §  10231.2106) or this chapter. The new applicant shall submit an application including his relevant information.

   (3)  The applicant has not submitted information within 30 days under §  1131.3(b)(2) (relating to application).

 (d)  The new application shall be submitted to the Department within a reasonable time period of the occurrence of the triggering event.

 (e)  The submission of a new application will not be considered to be effective notice under subsection (b).

 (f)  In the event that the Commonwealth’s Medical Marijuana Program becomes effective prior to the expiration of Safe Harbor Letters, the Department will publish notice in the Pennsylvania Bulletin that Safe Harbor Letters will be invalid as of the effective date of the regulations. Individuals wishing to participate in the Medical Marijuana Program shall obtain the requisite identification cards and registrations under the act and this part.

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