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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 § 1131.5. Penalties and sanctions.

§ 1131.5. Penalties and sanctions.

 (a)  In addition to the penalties in sections 1301—1309 of the act (35 P.S. § §  10231.1301—10231.1309), the Department may deny, revoke or suspend a Safe Harbor Letter if the Department has evidence of the following:

   (1)  A conviction of a criminal offense that occurred within the 5 years relating to the sale or possession of drugs, narcotics or controlled substances.

   (2)  A history of drug abuse.

   (3)  A history of diversion of a controlled substance or illegal drugs.

   (4)  Falsified information on the application.

   (5)  A conviction of a crime of moral turpitude, such that the Department would not be able to find the applicant of good moral character.

   (6)  An intentional, knowing or reckless violation of a provision of the act or this chapter.

 (b)  An applicant whose Safe Harbor Letter is denied, suspended or revoked under subsection (a)(1) or (3)—(6) may be prohibited from participating in the Medical Marijuana Program for 5 years.

 (c)  Chapter 5 of 2 Pa.C.S. (relating to practice and procedure) applies to all actions of the Department under this chapter constituting an adjudication as defined in 2 Pa.C.S. §  101 (relating to definitions).

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