Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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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 § 1161.23. Dispensing medical marijuana products.

§ 1161.23. Dispensing medical marijuana products.

 (a)  A dispensary may only dispense medical marijuana products to a patient or caregiver who presents a valid identification card to an employee at the facility who is authorized to dispense medical marijuana products at the facility.

 (b)  Prior to dispensing medical marijuana products to a patient or caregiver, the dispensary shall:

   (1)  Verify the validity of the patient or caregiver identification card using the electronic tracking system.

   (2)  Review the information on the patient’s most recent certification by using the electronic tracking system to access the Department’s database. The following requirements apply:

     (i)   If a practitioner sets forth recommendations, requirements or limitations as to the form or dosage of a medical marijuana product on the patient certification, the medical marijuana product dispensed to a patient or a caregiver by a dispensary must conform to those recommendations, requirements or limitations.

     (ii)   If a practitioner does not set forth recommendations, requirements or limitations as to the form or dosage of a medical marijuana product on the patient certification, the physician, pharmacist, physician assistant or certified registered nurse practitioner employed by the dispensary and working at the facility shall consult with the patient or the caregiver regarding the appropriate form and dosage of the medical marijuana product to be dispensed.

     (iii)   The dispensary shall update the patient certification in the electronic tracking system by entering any recommendation as to the form or dosage of medical marijuana product that is dispensed to the patient.

 (c)  Prior to the completion of the transaction, the employee conducting the transaction at the dispensary shall prepare a receipt of the transaction, and file the receipt information with the Department utilizing the electronic tracking system. A dispensary shall provide a copy of the receipt to the patient or the caregiver, unless the patient or the caregiver declines the receipt. The receipt must include all of the following information:

   (1)  The name, address and any permit number assigned to the dispensary by the Department.

   (2)  The name and address of the patient and, if applicable, the patient’s caregiver.

   (3)  The date the medical marijuana product was dispensed.

   (4)  Any requirement or limitation noted by the practitioner on the patient’s certification as to the form of medical marijuana product that the patient should use.

   (5)  The form and the quantity of medical marijuana product dispensed.

 (d)  Except as provided in sections 2001—2003 of the act (35 P.S. § §  10231.2001—10231.2003) and this part, a dispensary shall destroy any paper copy of the patient certification or delete any electronically recorded patient certification stored on the dispensary’s network, server or computer system as the result of a transaction after the receipt relating to that transaction has been filed under subsection (c).

Source

   The temporary provisions of this §  1161.23 amended May 11, 2018, effective May 17, 2018, expire on May 12, 2020, 48 Pa.B. 2793. Immediately preceding text appears at serial pages (390716) and (388991).

Cross References

   This section cited in 28 Pa. Code §  1161.27 (relating to items and services provided at a dispensary).



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