Pennsylvania Code & Bulletin

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 52 Pa.B. 7348 (November 26, 2022).

28 Pa. Code § 1141.42. Failure to be operational.

§ 1141.42. Failure to be operational.

 (a)  Within 6 months from the date of issuance of a permit, a medical marijuana organization shall notify the Department, on a form prescribed by the Department, that it is operational.

 (b)  After the Department receives the notification in subsection (a), the Department will inspect the facility to determine if the medical marijuana organization is operational to the satisfaction of the Department.

 (c)  If the medical marijuana organization has not met the operational timetable in the initial permit application to the satisfaction of the Department at the time of the inspection conducted under subsection (b), the Department will notify the medical marijuana organization of the deficiencies. Within 30 days of receiving the Department’s notice, the medical marijuana organization shall submit to the Department for approval a plan of correction that sets forth the medical marijuana organization’s timeline and a date certain, which may not extend beyond 90 days following the date the Department approves the plan of correction, for correcting the deficiencies.

 (d)  If the medical marijuana organization does not comply with its plan of correction as approved by the Department within 90 days following the Department’s approval, the Department may revoke or suspend the medical marijuana organization’s permit under §  1141.47 (relating to general penalties and sanctions).


   The temporary provisions of this §  1141.42 amended January 13, 2017, effective January 14, 2017, expire on January 14, 2019, 47 Pa.B. 199; amended May 11, 2018, effective May 17, 2018, expire on May 12, 2020, 48 Pa.B. 2767. Immediately preceding text appears at serial page (385931).

Cross References

   This section cited in 28 Pa. Code §  1151.21 (relating to growers/processors generally); and 28 Pa. Code §  1161.22 (relating to dispensaries generally).

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