Pennsylvania 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.

Bill Text

CORRECTIVE REPRINT
PRIOR PRINTER'S NOS. 12, 372 PRINTER'S NO. 441
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 33
Session of
2025
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; providing for
patient and caregiver certification and for medical marijuana
organization registration; imposing duties on the Department
of Health; providing for a tax on medical marijuana
organization gross receipts; establishing the Medical
Marijuana Program Fund; establishing the Medical Marijuana
Advisory Board; establishing a medical marijuana research
program; imposing duties on the Department of Corrections,
the Department of Education and the Department of Human
Services; and providing for academic clinical research
centers and for penalties and enforcement," 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.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 103 of the act of April 17, 2016 (P.L.84,
No.16), known as the Medical Marijuana Act, is amended by adding
definitions to read:
Section 103. Definitions.
The following words and phrases when used in this act shall
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have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Accreditation body." An organization which meets all of the
following criteria:
(1) Certifies the competency, expertise and integrity of
an independent laboratory and operates in conformance with
standards established by experts for competency, consistent
operations and impartiality of organizations accrediting
assessment bodies as adopted by the department after review.
The department shall transmit notice of the adoption under
this paragraph to the Legislative Reference Bureau for
publication in the next available issue of the Pennsylvania
Bulletin.
(2) Determines an independent laboratory's compliance
with and conformance to the relevant standards established by
exp erts of testing and calibration laboratories as adopted by
the department after review. The department shall transmit
notice of the adoption under this paragraph to the
Legislative Reference Bureau for publication in the next
available issue of the Pennsylvania Bulletin.
(3) Is a signatory to the International Accreditation
Cooperation Mutual Recognition Arrangement for Testing.
(4) Is not affiliated with an independent laboratory
applicant for which it has or will issue a certificate of
accreditation.
(5) Is not affiliated with, owned by, operated by or
financed by a medical marijuana organization.
* * *
"Approved laboratory." An independent laboratory approved by
the department, in accordance with section 704, to identify,
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collect, handle and conduct tests on medical marijuana samples
from a grower/processor, as part of the quality assurance
testing and on medical marijuana samples from the department.
* * *
"Cooperative laboratory." A public or private independent
laboratory that identifies, collects, handles and conducts tests
on medical marijuana samples on behalf of the department. The
term does not include an approved laboratory.
"CORRECTIVE ACTION." AN ACTION TAKEN BY AN APPROVED
LABORATORY TO RESOLVE, AND PREVENT FROM RECURRENCE, A DEFICIENCY
WITH THE LABORATORY OPERATIONS.
* * *
"Independent laboratory." A laboratory that:
(1) Is not owned, operated or affiliated with a medical
marijuana organization.
(2) Does not employ a principal, financial backer,
operator or employee of a medical marijuana organization.
(3) Is recognized by an accreditation body to test and
evaluate products to an established product safety standard
and provide unbiased results.
* * *
"Research and development testing." Testing performed on
behalf of a grower/processor to evaluate the effectiveness of
environmental controls in its cultivation and processing
practices and to enhance medical marijuana crop yields,
resilience and sustainability by developing medical marijuana
with improved traits.
* * *
Section 2. Sections 701(c) and 704 of the act are amended to
read:
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SECTION 2. SECTION 401 OF THE ACT IS AMENDED BY ADDING A
SUBSECTION TO READ:
SECTION 401. PRACTITIONER REGISTRATION.
* * *
(D) DEPARTMENT AUTHORITY.--THE DEPARTMENT MAY PLACE ONE OR
MORE CON