PRINTER'S NO. 197
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
213
Session of
2017
INTRODUCED BY LEACH AND STREET, JANUARY 26, 2017
REFERRED TO LAW AND JUSTICE, JANUARY 26, 2017
AN ACT
Providing for personal use of marijuana, for lawful operation of
marijuana-related facilities, for general powers of the
Pennsylvania Liquor Control Board, for regulation of
marijuana and for employers, minors and control of property;
and making related repeals.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Regulate
Marijuana Act.
Section 2. Purpose, findings and declarations.
(a) Findings and declarations.--In the interest of the
efficient use of law enforcement resources, enhancing revenue
for public purposes and individual freedom, the people of this
Commonwealth find and declare that the use of marijuana should
be legal for persons 21 years of age or older and taxed.
(b) Additional findings and declarations.--In the interest
of the health and public safety of our citizenry, the people of
this Commonwealth further find and declare that marijuana should
be regulated in a manner similar to alcohol so that:
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(1) individuals will have to show proof of age before
purchasing marijuana;
(2) selling, distributing or transferring marijuana to
minors and other individuals under 21 years of age shall
remain illegal;
(3) driving under the influence of marijuana shall
remain illegal;
(4) legitimate, State-operated stores, and not criminal
actors, will conduct sales of marijuana; and
(5) marijuana sold in this Commonwealth will be labeled
and subject to additional regulations to ensure that
consumers are informed and protected.
(c) Industrial hemp.--In the interest of enacting rational
policies for the treatment of all variations of the cannabis
plant, the people of this Commonwealth further find and declare
that industrial hemp should be regulated separately from strains
of cannabis with higher delta-9 tetrahydrocannabinol (THC)
concentrations.
(d) Matters of Statewide concern.--The people of this
Commonwealth further find and declare that it is necessary to
ensure consistency and fairness in the application of this
section throughout this Commonwealth and that, therefore, the
matters addressed by this act are, except as specified in this
act, matters of Statewide concern.
Section 3. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Board." The Pennsylvania Liquor Control Board.
"Consumer." A person 21 years of age or older who purchases
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marijuana or marijuana products for personal use by persons 21
years of age or older, but not for resale to others.
"Industrial hemp." The plant of the genus cannabis and any
part of such plant, whether growing or not, with a delta-9
tetrahydrocannabinol concentration (THC) that does not exceed .
03% on a dry weight basis.
"Locality." A county, municipality or city.
"Marijuana." The parts of the plant of the genus cannabis
whether growing or not, the seeds thereof, the resin extracted
from any part of the plant, and every compound, manufacture,
salt, derivative, mixture or preparation of the plant, its seeds
or resin, including marijuana concentrate. The term does not
include industrial hemp or fiber produced from the stalks, oil
or cake made from the seeds of the plant, sterilized seed of the
plant that is incapable of germination or the weight of another
ingredient combined with marijuana to prepare topical or oral
administrations, food, drink or other product.
"Marijuana accessories." Equipment, products or materials
that are used, intended or designed for use in planting,
propagating, cultivating, growing, harvesting, composting,
manufacturing, compounding, converting, producing, processing,
preparing, testing, analyzing, packaging, repackaging, storing,
vaporizing or containing marijuana or for ingesting, inhaling or
otherwise introducing marijuana into the human body.
"Marijuana cultivation facility." An entity licensed to
cultivate, prepare and package marijuana and sell marijuana to a
retail marijuana store, marijuana product manufacturing facility
and other marijuana cultivation facility, but not consumers.
"Marijuana establishment." A marijuana cultivation facility,
a marijuana testing facility and a marijuana product
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manufacturing facility.
"Marijuana product." A concentrated marijuana product and a
marijuana product that is comprised of marijuana and other
ingredients and is intended for use or consumption, including as
an edible product, ointment or tincture.
"Marijuana product manufacturing facility." An entity
licensed to:
(1) purchase marijuana;
(2) manufacture, prepare and package marijuana products;
and
(3) sell marijuana and marijuana products to other
marijuana product manufacturing facilities and retail
marijuana stores, but not consumers.
"Marijuana testing facility." An entity licensed to analyze
and certify the safety and potency of marijuana.
"Retail marijuana store." A retail establishment run by the
board as provided under section 6.
Section 4. Personal use of marijuana.
Notwithstanding any other provision of law, the following
acts are not unlawful and are not an offense under the laws of
this Commonwealth or the law of a locality within this
Commonwealth or a basis for seizure or forfeiture of an asset
under the laws of this Commonwealth for a person 21 years of age
or older:
(1) Possessing, using, displaying, purchasing or
transporting marijuana accessories or marijuana.
(2) (i) Possessing, growing, processing or transporting
not more than six marijuana plants, with not more than
three being mature, flowering plants.
(ii) Possessing the marijuana produced by the plants
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under subparagraph (i) on the premises where the plants
were grown, if the growing takes place in an enclosed,
locked space and is not conducted openly or publicly, and
the marijuana is not made available for sale.
(3) Transfer of one ounce or less of marijuana without
remuneration to a person who is 21 years of age or older.
(4) Consumption of marijuana, provided that nothing in
this section shall permit consumption that is conducted
openly and publicly or in a manner that endangers others.
(5) Assisting another person who is 21 years of age or
older in an act described in paragraph (1), (2), (3) or (4).
Section 5. Lawful operation of marijuana-related facilities.
Notwithstanding any other provision of law, the following
acts are not unlawful and are not an offense under the laws of
this Commonwealth or a basis for seizure or forfeiture of an
asset under Commonwealth law for a person 21 years of age or
older:
(1) Manufacture, possession or purchase of a marijuana
accessory or the sale of a marijuana accessory to a person
who is 21 years of age or older.
(2) Any of the following:
(i) Possession, display or transportation of
marijuana or a marijuana product.
(ii) Purchase of marijuana from a marijuana
cultivation facility.
(iii) Purchase of marijuana or a marijuana product
from a marijuana product manufacturing facility.
(iv) Sale of marijuana or a marijuana product to a
consumer, if the person conducting the activity described
in this paragraph is acting in the capacity of an
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employee or agent of a retail marijuana store or the
board.
(3) Any of the following:
(i) Cultivating, harvesting, processing, packaging,
transporting, displaying or possessing marijuana.
(ii) Delivery or transfer of marijuana to a
marijuana testing facility.
(iii) Selling marijuana to a marijuana cultivation
facility, a marijuana product manufacturing facility or a
retail marijuana store.
(iv) Purchasing marijuana from a marijuana
cultivation facility, if the person conducting the
activity described in this paragraph has obtained a
current, valid license to operate a marijuana cultivation
facility or is acting in the capacity of an owner,
employee or agent of a licensed marijuana cultivation
facility.
(4) Any of the following:
(i) Packaging, processing, transporting,
manufacturing, displaying or possessing marijuana or
marijuana products.
(ii) Delivering or transferring marijuana or a
marijuana product to a marijuana testing facility.
(iii) Selling marijuana or a marijuana product to a
retail marijuana store or a marijuana product
manufacturing facility.
(iv) Purchasing of marijuana from a marijuana
cultivation facility.
(v) Purchasing of marijuana or a marijuana product
from a marijuana product manufacturing facility, if the
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person conducting the activities described in this
paragraph has obtained a current, valid license to
operate a marijuana product manufacturing facility or is
acting in the capacity of an owner, employee or agent of
a licensed marijuana product manufacturing facility.
(5) Possessing, cultivating, processing, repackaging,
storing, transporting, displaying, transferring or delivering
marijuana or marijuana products, if the person has obtained a
current, valid license to operate a marijuana testing
facility or is acting in the capacity of an owner, employee
or agent of a licensed marijuana testing facility.
(6) Leasing or otherwise allowing the use of property
owned, occupied or controlled by a person, corporation or
other entity for any of the activities conducted lawfully in
accordance with paragraph (1), (2), (3), (4) or (5).
Section 6. General powers of board.
In addition to sections 207 and 208 of the act of April 12,
1951 (P.L.90, No.21), known as the Liquor Code, the board has
the following powers and duties:
(1) Buy, import or have in its possession for sale, and
sell marijuana and marijuana products in the manner set forth
in this act provided the purchases are made subject to the
approval of the State Treasurer or the State Treasurer's
designated deputy. The board shall buy marijuana and
marijuana products at the lowest price and in the greatest
variety reasonably obtainable.
(2) Control the manufacture, possession, sale,
consumption, importation, use, storage, transportation and
delivery of marijuana and marijuana products in accordance
with the provisions of this act and fix the wholesale and
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retail prices at which marijuana and marijuana products will
be sold at retail marijuana stores. The following shall
apply:
(i) Prices must be proportional with prices paid by
the board to its suppliers and reflect any advantage
obtained through volume purchases by the board.
(ii) The board may establish a preferential price
structure for marijuana produced within this Commonwealth
for the promotion of the marijuana.
(iii) The board shall require both a Pennsylvania
marijuana product manufacturing facility and nonresident
manufacturer of marijuana that sells to the board
marijuana that is not manufactured in this Commonwealth
to make application for and be granted a permit by the
board before the marijuana is purchased from either
manufacturer. A marijuana product manufacturing facility
shall pay a fee for the permit which shall be in
accordance with the following:
(A) In the case of a manufacturer in this
Commonwealth, must be equal to that required to be
paid, if any, by a manufacturer or wholesaler of the
state, territory or country of origin of the
marijuana, for selling marijuana manufactured in this
Commonwealth.
(B) In the case of a nonresident marijuana
product manufacturing facility, must be equal to that
required to be paid, if any, in the state, territory
or country by a Pennsylvania marijuana product
manufacturing facility doing business in the state,
territory or country.
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(C) If, in the opinion of the board, the
marijuana product manufacturing facility sells or
attempts to sell marijuana to the board through
another person for the purpose of evading the
provision relating to permits, the board shall
require the person, before purchasing marijuana, to
take out a permit and pay the same fee required to be
paid by the marijuana product manufacturing facility.
(D) The permit fee collected must be paid into
The State Stores Fund.
(iv) The board may not purchase marijuana or a
marijuana product that is produced in a state, territory
or country prohibiting the importation of marijuana or a
marijuana product that is produced in this Commonwealth.
(3) Determine the municipalities within which retail
marijuana stores shall be established and the locations of
the stores within the municipalities.
(4) Grant and issue the licenses, and grant, issue,
suspend and revoke the permits authorized to be issued under
this act.
(5) Through the Department of General Services as its
agent, lease, furnish and equip buildings, rooms and other
accommodations as required for the operation of this act.
(6) Appoint, fix the compensation and define the powers
and duties of the managers, officers, inspectors, examiners,
clerks and other employees as required for the operation of
this act, subject to the provisions of the act of April 9,
1929 (P.L.177, No.175), known as The Administrative Code of
1929, and the act of August 5, 1941 (P.L.752, No.286), known
as the Civil Service Act.
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(7) Determine the nature, form and capacity of the
packages and original containers to be used for containing
marijuana and marijuana products.
(8) Do any other thing or perform any other act as is
deemed necessary or advisable for the purpose of carrying
into effect the provisions of this act and the regulations
promulgated under this act.
(9) From time to time, promulgate regulations that are
consistent with this act as the board may deem necessary for
the efficient administration of this act. The board shall
publish regulations throughout this Commonwealth in the
manner it deems necessary and advisable or as may be provided
by law. A regulation adopted by the board has the same force
as if it formed a part of this act.
(10) By regulation, provide for the use of a
computerized referral system to assist consumers in locating
special items at retail marijuana stores and for the use of
electronic transfer of funds and credit cards for the
purchase of marijuana and a marijuana product at a retail
marijuana store.
(11) Issue grants to various entities for marijuana
education and prevention efforts.
Section 7. Regulation of marijuana.
(a) Regulations.--Not later than July 1, 2018, the board
shall adopt regulations necessary for implementation of this
act. The regulations may not prohibit the operation of a
marijuana establishment, either expressly or through a
regulation that makes the operation unreasonably impracticable.
The regulations must include:
(1) Procedures for the issuance, renewal, suspension and
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revocation of a license to operate a marijuana establishment.
(2) A schedule of application, licensing and renewal
fees, provided that an application fee may not exceed $5,000
with the upper limit adjusted annually for inflation, unless
the board determines a greater fee is necessary to carry out
its responsibilities under this section.
(3) Qualifications for licensure that are directly and
demonstrably related to the operation of a marijuana
establishment.
(4) Security requirements for a marijuana establishment.
(5) Requirements to prevent the sale or diversion of
marijuana and a marijuana product to a person under 21 years
of age.
(6) Labeling requirements for marijuana and a marijuana
product sold or distributed by a marijuana establishment.
(7) Health and safety regulations and standards for the
manufacture of a marijuana product and the cultivation of
marijuana.
(8) Restrictions on the advertising and display of
marijuana and a marijuana product.
(9) Civil penalties for the failure to comply with
regulations made under this section.
(b) Individual privacy.--In order to ensure that individual
privacy is protected, notwithstanding subsection (a), the board
may not require a consumer to provide a retail marijuana store
with personal information other than government-issued
identification to determine the consumer's age, and a retail
marijuana store may not be required to acquire and record
personal information about a consumer other than information
typically acquired in a financial transaction conducted at a
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retail liquor store.
(c) Excise tax.--The General Assembly shall:
(1) Enact an excise tax to be levied upon marijuana sold
or otherwise transferred by a marijuana cultivation facility
to a marijuana product manufacturing facility or to a retail
marijuana store.
(2) Direct the Department of Revenue to establish
procedures for the collection of the tax levied.
(d) Locality.--A locality shall enact an ordinance or
regulation:
(1) Specifying the entity within the locality that is
responsible for processing applications submitted for a
license to operate a marijuana establishment within the
boundaries of the locality.
(2) For the issuance of the licenses should the issuance
by the locality become necessary because of:
(i) a failure by the board to adopt regulations
under subsection (a); or
(ii) a failure by the board to process and issue
licenses as required by subsection (f).
(e) Ordinance or regulation.--A locality may enact an
ordinance or regulation, not in conflict with this section or
with a regulation or legislation enacted under this section,
which does all of the following:
(1) Governs the time, place, manner and number of
marijuana establishment operations.
(2) Establishes procedures for the issuance, suspension
and revocation of a license issued by the locality.
(3) Establishes a schedule of annual operating,
licensing and application fees for marijuana establishments,
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provided the application fee is only due if an application is
submitted to a locality and a licensing fee is only due if a
license is issued by a locality.
(4) Establishes civil penalties for violation of an
ordinance or regulation governing the time, place and manner
of a marijuana establishment that may operate in the
locality.
(f) License application.--Each application for an annual
license to operate a marijuana establishment must be submitted
to the board. The board shall:
(1) Begin accepting and processing applications on
October 1, 2018.
(2) Immediately forward a copy of each application and
half of the license application fee to the locality in which
the applicant desires to operate the marijuana establishment.
(3) Issue an annual license to the applicant between 45
and 90 days after receipt of an application unless the board
finds the applicant is not in compliance with regulations
enacted under subsection (a) or the board is notified by the
relevant locality that the applicant is not in compliance
with ordinances and regulations in effect at the time of
application. If a locality enacted a numerical limit on the
number of marijuana establishments and a greater number of
applicants seek licenses, the board shall solicit and
consider input from the locality as to the locality's
preference or preferences for licensure.
(4) Upon denial of an application, notify the applicant
in writing of the specific reason for its denial.
(g) Resubmission of application to locality.--
(1) If the board does not issue a license to an
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applicant within 90 days of receipt of the application filed
and does not notify the applicant of the specific reason for
its denial, in writing and within the time period, the
applicant may resubmit its application directly to the
locality, and the locality may issue an annual license to the
applicant.
(2) A locality issuing a license to an applicant shall
do so within 90 days of receipt of the resubmitted
application unless the locality finds and notifies the
applicant that the applicant is not in compliance with
ordinances and regulations in effect at the time the
application is resubmitted and the locality shall notify the
board if an annual license has been issued to the applicant.
(3) If an application is submitted to a locality under
this subsection, the board shall forward to the locality the
application fee paid by the applicant to the board upon
request by the locality.
(4) A license issued by a locality in accordance with
this subsection has the same force and effect as a license
issued by the board and the holder of the license is not
subject to regulation or enforcement by the board during the
term of that license.
(5) A subsequent or renewed license may be issued under
this subsection on an annual basis only upon resubmission to
the locality of a new application submitted to the board.
(6) This subsection does not limit the relief as may be
available to an aggrieved party.
Section 8. Employers, minors and control of property.
(a) Employers.--This section is not intended to require an
employer to permit or accommodate the use, consumption,
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possession, transfer, display, transportation, sale or growing
of marijuana in the workplace or to affect the ability of
employers to have policies restricting the use of marijuana by
employees in the workplace. A random drug test showing the mere
presence of a nonintoxicating level of marijuana may not be the
basis of the termination of employment or any other disciplinary
action against the employee.
(b) Persons and other entities.--This act does not prohibit
a person, employer, school, hospital, detention facility,
corporation or another entity who occupies, owns or controls a
property from prohibiting or otherwise regulating the
possession, consumption, use, display, transfer, distribution,
sale, transportation or growing of marijuana on or in the
property.
Section 9. Repeals.
Repeals are as follows:
(1) Section 4(1)(iii)16 and (iv) of the act of April 14,
1972 (P.L.233, No.64), known as The Controlled Substance,
Drug, Device and Cosmetic Act, are repealed.
(2) Section 13(a)(30) and (31) of The Controlled
Substance, Drug, Device and Cosmetic Act are repealed insofar
as they are inconsistent with this act.
(3) All acts and parts of acts are repealed insofar as
they are inconsistent with this act.
Section 10. Effective date.
This act shall take effect in 30 days.
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