HB 33 — 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; in practitioners, further providing for practitioner registration; in medical marijuana controls, further providing for electronic tracking and for laboratory; and, in Medical Marijuana Advisory Board, further providing for advisory board.

PRIOR PRINTER'S NO.

12 PRINTER'STHE NO.GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.

37233 THE2025 GENERALINTRODUCED ASSEMBLYBY OFFRANKEL, PENNSYLVANIAPIELLI, HOUSEGIRAL, BILLKHAN, SessionHILL-EVANS, ofHOWARD, SANCHEZ AND CIRESI, JANUARY 10, 2025 No.REFERRED TO COMMITTEE ON HEALTH, JANUARY 10, 2025 AN ACT Amending the act of April 17, 2016 (P.L.84, No.16), entitled "An act establishing a medical marijuana program;

INTRODUCED BY FRANKEL, PIELLI, GIRAL, KHAN, HILL-EVANS, HOWARD, SANCHEZ, CIRESI, TWARDZIK AND GREEN, JANUARY 10, 2025 AS REPORTED FROM COMMITTEE ON HEALTH, HOUSE OF REPRESENTATIVES, AS AMENDED, JANUARY 29, 2025 AN ACT Amending the act of April 17, 2016 (P.L.84, No.16), entitled "An act establishing a medical marijuana program;

imposing duties on the Department oforganization Health;gross receipts;

providing for a tax on medical marijuana organization gross receipts;

imposing duties on the Department of Corrections, the Department of Education and the Department of Human centersServices; and for penalties and enforcement," in preliminary provisions, further providing for definitions;

INand <--providing PRACTITIONERS,for FURTHERacademic PROVIDINGclinical FORresearch PRACTITIONERcenters REGISTRATION;and for penalties and enforcement," in preliminary provisions, further providing for definitions;

* * * "Approved laboratory." An independent laboratory approved by the department, in accordance with section 704, to identify, 20250HB0033PN0372 - 2 - collect, handle and conduct tests on medical marijuana samples from a grower/processor, as part of the quality assurance 20250HB0033PN0012 - 2 - testing and on medical marijuana samples from the department.

Sections 701(c) and 704 of the act are amended to <-- read:

SECTION 2.

SECTION 401 OF THE ACT IS AMENDED BY ADDING A <-- SUBSECTION TO READ:

SECTION 401.

PRACTITIONER REGISTRATION.

20250HB0033PN0372 - 3 - * * * (D) DEPARTMENT AUTHORITY.--THE DEPARTMENT MAY PLACE ONE OR MORE CONDITIONS ON A PRACTITIONER FOR INCLUSION IN THE REGISTRY, INCLUDING:

(1) A TERM OF PROBATION.

(2) A LIMITATION ON THE NUMBER OF CERTIFICATIONS THE PRACTITIONER MAY ISSUE WITHIN A SET TIME FRAME.

THE TIME FRAME MAY BE EXTENDED BY THE DEPARTMENT IF THE EXTENSION IS NECESSARY TO PROTECT THE HEALTH AND SAFETY OF PATIENTS IN THE PROGRAM.

(3) SUPERVISION BY ANOTHER PRACTITIONER WHO HAS AGREED TO OVERSEE THE PRACTITIONER FOR A SET TIME FRAME.

THE TIME FRAME MAY BE EXTENDED BY THE DEPARTMENT IF AN EXTENSION IS NECESSARY TO PROTECT THE HEALTH AND SAFETY OF PATIENTS IN THE PROGRAM.

(4) REPORTING REQUIREMENTS TO THE DEPARTMENT, INCLUDING THE SUBMISSION OF DOCUMENTATION NECESSARY FOR THE DEPARTMENT TO ENSURE THAT THE PRACTITIONER IS COMPLYING WITH THIS ACT AND ANY CONDITIONS PLACED UPON THE PRACTITIONER.

(5) ANY OTHER CONDITION THAT THE DEPARTMENT DETERMINES IS NECESSARY TO PROTECT THE HEALTH AND SAFETY OF PATIENTS IN THE PROGRAM.

SECTION 3.

SECTIONS 701(C) AND 704 OF THE ACT ARE AMENDED TO READ:

* * * (c) Access.--[Information] Except as provided in section 704(p), information maintained in electronic tracking systems under subsection (a) shall be confidential and not subject to 20250HB0033PN0012 - 3 - the act of February 14, 2008 (P.L.6, No.3), known as the Right- 20250HB0033PN0372 - 4 - to-Know Law.

(2) The stability testing is done at six-month intervals for the duration of the expiration date period as listed on the medical marijuana product and once within six months of the expiration date.] (c) Application and approval.-- (1) An independent laboratory may apply, in the form and manner prescribed by the department, for approval to test medical marijuana in accordance with the medical marijuana 20250HB0033PN0012 - 4 - program.

20250HB0033PN0372 - 5 - (2) A nonrefundable initial application fee in the amount of $250 shall be paid by certified check or money order.

(2) The department shall establish uniform medical marijuana testing standards and require that the approved laboratories report testing results in a manner as the 20250HB0033PN0012 - 5 - department shall determine, including:

20250HB0033PN0372 - 6 - (i) Requiring a test at harvest and at final processing.

20250HB0033PN0012 - 6 - (g) Audit testing.--The department, in its sole discretion, 20250HB0033PN0372 - 7 - may conduct audit testing of medical marijuana samples collected from a grower/processor facility and medical marijuana products found at a dispensary facility using a cooperative laboratory or approved laboratory to identify, collect, handle and test the medical marijuana on the department's behalf.

(j) Accreditation body.--The department may engage with an accreditation body to fulfill the requirements under this 20250HB0033PN0012 - 7 - section.

20250HB0033PN0372 - 8 - (k) Quality assurance testing.-- (1) The department shall coordinate testing for quality assurance purposes related to the department and compliance by each approved laboratory no less than once a year beginning January 1 after the effective date of this paragraph.

20250HB0033PN0012 - 8 - (ii) A review of the approved laboratory's standard 20250HB0033PN0372 - 9 - operating procedures.

(n) Violations.--In addition to any other requirements under this act or a regulation promulgated under this act, the following shall be considered to be violations of this section 20250HB0033PN0012 - 9 - and may result in penalties under section 1308(b):

20250HB0033PN0372 - 10 - (1) Failure to comply with the department as part of an inspection or investigation.

(4) Suspend an approved laboratory pending the outcome of a hearing in a case in which the approval to test medical 20250HB0033PN0012 - 10 - marijuana could be revoked.

20250HB0033PN0372 - 11 - (5) Order the approved laboratory to cease and desist testing medical marijuana.

The department shall provide an approved laboratory 20250HB0033PN0012 - 11 - reasonable time to receive any additional accreditation beyond 20250HB0033PN0372 - 12 - the laboratory's most recent certificate of accreditation.

(i) In order to facilitate the prompt implementation 20250HB0033PN0012 - 12 - of this section, the department shall have the authority 20250HB0033PN0372 - 13 - to promulgate temporary regulations which shall expire not later than two years following the publication of the temporary regulations in the Pennsylvania Bulletin under subparagraph (iii) and on the department's publicly accessible Internet website.

(v) The department shall rescind any regulation promulgated prior to the effective date of this subsection insofar as the regulation conflicts with a temporary regulation promulgated by the department under 20250HB0033PN0012 - 13 - this subsection.