Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 52 Pa.B. 6828 (October 29, 2022).

28 Pa. Code § 1161.27. Items and services provided at a dispensary.

§ 1161.27. Items and services provided at a dispensary.

 (a)  A dispensary shall dispense the form of medical marijuana products under §  1161.23(b)(2) (relating to dispensing medical marijuana products).

 (b)  A dispensary shall purchase medical marijuana products only from a grower/processor.

 (c)  A dispensary may sell, offer for sale or provide at a facility, with the prior written approval of the Department, instruments, devices and services related to the use of medical marijuana products.

 (d)  A dispensary may dispense a medical marijuana product with a THC concentration of 0.3% or less so long as the dispensary purchases it from a grower/processor and the grower/processor obtained Department approval under §  1151.28(b) (relating to forms of medical marijuana).

 (e)  A dispensary may not:

   (1)  Advertise medical marijuana products:

     (i)   As a promotional item.

     (ii)   As part of a giveaway.

     (iii)   As part of a coupon program.

   (2)  Provide medical marijuana products at no cost or free, unless the patient is approved for financial assistance by the Department.

   (3)  Make the dispensing of medical marijuana products to a patient or caregiver conditional upon:

     (i)   The purchase of a medical device, instrument or service provided at a dispensary facility.

     (ii)   The purchase of a medical device, instrument or service provided at a location other than a dispensary facility.

   (4)  The offer for the delivery of or to deliver medical marijuana products to a patient or caregiver at the patient’s or caregiver’s home or any other location.

Source

   The temporary provisions of this §  1161.27 amended May 11, 2018, effective May 17, 2018, expire on May 12, 2020, 48 Pa.B. 2793. Immediately preceding text appears at serial pages (385971) to (385972).



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