SB 538 — An Act amending the act of April 17, 2016 (P.L.84, No.16), known as the Medical Marijuana Act, in preliminary provisions, further providing for definitions; and, in program, further providing for lawful use of medical marijuana and for unlawful use of medical marijuana.

PRIOR PRINTER'S NO.

581 THEPRINTER'S GENERALNO. ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of No.

538936 2023THE INTRODUCEDGENERAL BYASSEMBLY LAUGHLIN,OF KANEPENNSYLVANIA ANDSENATE MUTH,BILL APRILSession 4, 2023 REFERRED TO LAW AND JUSTICE, APRIL 4, 2023 AN ACT Amending the act of AprilNo. 17, 2016 (P.L.84, No.16), entitled "An act establishing a medical marijuana program;

538 2023 INTRODUCED BY LAUGHLIN AND CAPPELLETTI, APRIL 4, 2023 SENATOR REGAN, LAW AND JUSTICE, AS AMENDED, JUNE 21, 2023 AN ACT Amending the act of April 17, 2016 (P.L.84, No.16), entitled "An act establishing a medical marijuana program;

Section 103 of the act of April 17, 2016 (P.L.84, No.16), known as the Medical Marijuana Act, is amended by adding a definition DEFINITIONS to read:

<-- Section 103.

* * * "Edible medical marijuana product." A medical marijuana <-- product intended for human consumption, in whole or in part, by oral ingestion.

"INFUSED EDIBLE PRODUCT." A MEDICAL MARIJUANA PRODUCT WHICH <-- IS CHEWED, DISSOLVED, TAKEN SUBLINGUALLY OR SWALLOWED.

THE TERM INCLUDES OILS, TINCTURES, CAPSULES, TABLETS, GUMMIES, LIQUIDS, INCLUDING BEVERAGES AND OTHER INGESTIBLE FORMS.

THE TERM DOES NOT INCLUDE FORMS MEDICALLY APPROPRIATE FOR ADMINISTRATION BY VAPORIZATION OR NEBULIZATION, INCLUDING DRY LEAF OR PLANT MATERIALS.

"INFUSED NONEDIBLE PRODUCT." A MEDICAL MARIJUANA PRODUCT WHICH IS USED TOPICALLY OR OTHERWISE NOT INTENDED FOR INGESTION.

THE TERM INCLUDES GELS, CREAMS, PATCHES OR OINTMENTS.

THE TERM DOES NOT INCLUDE FORMS MEDICALLY APPROPRIATE FOR ADMINISTRATION BY VAPORIZATION OR NEBULIZATION, INCLUDING DRY LEAF AND PLANT MATERIALS.

Section 303(b)(2) of the act is amended and the <-- section is amended by adding a subsection to read:

SECTION 2.

SECTION 303(B)(2) AND (8) OF THE ACT ARE AMENDED <-- AND THE SUBSECTION IS AMENDED BY ADDING PARAGRAPHS TO READ:

20230SB0538PN0936 - 2 - * * * (b) Requirements.--The lawful use of medical marijuana is subject to the following:

* * * (2) Subject[Subject to regulations promulgated under this act, medical<-- medical] MEDICAL marijuana may only be dispensed to a patient <-- or caregiver in the following forms:

(i)[(i) pill;

<-- (ii) oil;

20230SB0538PN0581 - 2 - (v) tincture;

[or] <-- (vi) liquid[.];

or <-- (vii) edible medical marijuana product.

(VII) INFUSED EDIBLE PRODUCT;

<-- (VIII) INFUSED NONEDIBLE PRODUCT;

OR 20230SB0538PN0936 - 3 - (IX) FORMS MEDICALLY APPROPRIATE FOR ADMINISTRATION BY VAPORIZATION OR NEBULIZATION, INCLUDING DRY LEAF AND PLANT MATERIAL.

* * * (8) PRODUCTS PACKAGED BY A GROWER/PROCESSOR OR SOLD BY A DISPENSARY SHALL [ONLY] BE IDENTIFIED BY THE NAME OF THE GROWER/PROCESSOR, THE NAME OF THE DISPENSARY, THE FORM AND SPECIES OF MEDICAL MARIJUANA, THE PERCENTAGE OF TETRAHYDROCANNABINOL AND CANNABINOL CONTAINED IN THE PRODUCT AND ANY OTHER LABELING [REQUIRED BY THE DEPARTMENT.] DEEMED NECESSARY BY THE MEDICAL MARIJUANA ORGANIZATION.

(9) THE DEPARTMENT SHALL PUBLISH GUIDELINES FOR PACKAGING AND LABELING OF MEDICAL MARIJUANA.

PRE-APPROVAL OF PACKAGING AND LABELS BY THE DEPARTMENT SHALL NOT BE REQUIRED.

ALL PACKAGING SHALL BE CHILDPROOF AND FREE OF NAMES, COLORS OR IMAGES THAT WOULD BE ATTRACTIVE TO INDIVIDUALS UNDER 21 YEARS OF AGE.

PACKAGING THAT WILL BE IN CONTACT WITH INFUSED EDIBLE PRODUCTS MUST BE FOOD GRADE.

(10) THE DEPARTMENT MAY REQUIRE A GROWER/PROCESSOR TO COMPLY WITH ADDITIONAL FOOD SAFETY REQUIREMENTS AS THE DEPARTMENT DEEMS NECESSARY FOR THE PROCESSING OF INFUSED EDIBLE PRODUCTS.

* * * [(2) Except as provided under subsection (c), incorporate medical marijuana into edible form.] 20230SB0538PN0936 - 4 - * * * [(c) Edible medical marijuana.--Nothing in this act shall be construed to preclude the incorporation of medical marijuana into edible form by a patient or a caregiver in order to aid ingestion of the medical marijuana by the patient.] Section 4.

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