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 § 1161.37. Evidence of adverse loss during transport.

§ 1161.37. Evidence of adverse loss during transport.

 (a)  If a dispensary receiving a delivery of medical marijuana products from a medical marijuana organization discovers a discrepancy in the transport manifest upon delivery, the dispensary shall refuse acceptance of the delivery and immediately report the discrepancy to the Department either through a designated phone line established by the Department or by electronic communication with the Department in a manner prescribed by the Department, and to the appropriate law enforcement authorities.

 (b)  If a dispensary discovers evidence of, or reasonably suspects, a theft or diversion of medical marijuana products during transport, the dispensary shall immediately report its findings or suspicions to the Department either through a designated phone line established by the Department or by electronic communication with the Department in a manner prescribed by the Department, and to law enforcement.

 (c)  If a dispensary discovers a discrepancy in the transport manifest, the dispensary shall:

   (1)  Conduct an investigation.

   (2)  Amend the dispensary’s standard plan of operation, if necessary, to prevent future discrepancies between the quantity or description of inventory listed in the transport manifest and the quantity or description of inventory delivered.

   (3)  Submit a report of the investigation to the Department. The following requirements apply:

     (i)   The dispensary shall submit a written preliminary report of the investigation to the Department within 7 days of discovering the discrepancy.

     (ii)   The dispensary shall submit a final written report of the investigation to the Department within 30 days of discovering the discrepancy.

Source

   The temporary provisions of this §  1161.37 amended January 13, 2017, effective January 14, 2017, expire on January 14, 2019, 47 Pa.B. 217; amended May 11, 2018, effective May 17, 2018, expire on May 12, 2020, 48 Pa.B. 2793. Immediately preceding text appears at serial pages (385982) and (390717).



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