35 Pa. Stat. § 10231.103

Current through Pa Acts 2024-53, 2024-56 through 2024-92

Section 10231.103 - 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:

"Advisory board." The advisory board established under section 1201.

"Caregiver." The term includes the following entities designated to deliver medical marijuana:

(1) An individual designated by a patient.

(2) If the patient is under 18 years of age, an individual under section 506(2).

(3) Individuals designated in writing, for purposes of section 502, by an organization that provides hospice, palliative or home health care services and:

(i) Are employed by an organization that is licensed under the act of July 19, 1979 ( P.L. 130, No.48), known as the Health Care Facilities Act;

(ii) Have significant responsibility for managing the health care and well-being of a patient; and

(iii) Were designated by the organization to provide care to a patient who has provided authorization for the designation.

(4) Individuals designated in writing, for purposes of section 502, by a residential facility, including a long-term care nursing facility, a skilled nursing facility, an assisted living facility, a personal care home, an independent long-term care facility or an intermediate care facility for individuals with intellectual disabilities that:

(i) Are licensed by the department or the Department of Human Services;

(ii) Have significant responsibility for managing the health care and well-being of the patient; And

(iii) Were designated by the residential facility to provide care to a patient who has provided authorization for the designation.

"Certified medical use." The acquisition, possession, use or transportation of medical marijuana by a patient, or the acquisition, possession, delivery, transportation or administration of medical marijuana by a caregiver, for use as part of the treatment of the patient's serious medical condition, as authorized in a certification under this act, including enabling the patient to tolerate treatment for the serious medical condition.

"Certified registered nurse practitioner." As defined in section 2 of the act of May 22, 1951 (P.L.317, No.69), known as The Professional Nursing Law.

"Change in control." The acquisition by a person or group of persons acting in concert of a controlling interest in an applicant or permittee either all at one time or over the span of a 12-consecutive-month period.

"Change of control transaction." The consolidation, merger or acquisition by a person or group of persons acting in concert of more than 20% of:

(1) A medical marijuana organization's securities or other ownership interests, with the exception of any ownership interest of the person that existed:

(i) At the time of the issuance of the initial medical marijuana organization's permit and payment of the initial permit; or

(ii) Prior to the effective date of this subparagraph; or

(2) The securities or other ownership interests of a corporation or other form of business entity which owns directly or indirectly 20% of the securities or other ownership interests of the medical marijuana organization.

"Continuing care." Treating a patient, in the course of which the practitioner has completed a full assessment of the patient's medical history and current medical condition, including a consultation with the patient.

"Controlling interest." As follows:

(1) For a publicly traded entity, voting rights that entitle a person to elect or appoint one or more of the members of the board of directors or other governing board or the ownership or beneficial holding of 5% or more of the securities of the publicly traded entity.

(2) For a privately held entity, the ownership of any security in the entity.

"Department." The Department of Health of the Commonwealth.

"Dispensary." A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a permit issued by the department to dispense medical marijuana. The term does not include a health care medical marijuana organization under Chapter 19.

"Diverse group." The term shall mean the same as under section 615(d).

"Excipients." Solvents, chemicals or materials reported by a medical marijuana organization and approved by the department for use in the processing of medical marijuana.

"Family or household member." As defined in 23 Pa.C.S.§ 6102 (relating to definitions).

"Financial backer." An investor, mortgagee, bondholder, note holder or other source of equity, capital or other assets, other than a financial institution.

"Financial institution." A bank, a national banking association, a bank and trust company, a trust company, a savings and loan association, a building and loan association, a mutual savings bank, a credit union or a savings bank.

"Form of medical marijuana." The characteristics of the medical marijuana recommended or limited for a particular patient, including the method of consumption and any particular dosage, strain, variety and quantity or percentage of medical marijuana or particular active ingredient.

"Fund." The Medical Marijuana Program Fund established in section 902.

"Grower/processor." A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a permit from the department under this act to grow and process medical marijuana. The term does not include a health care medical marijuana organization under Chapter 19.

"Harvest batch." A specifically identified quantity of medical marijuana plant that is uniform in strain, cultivated utilizing the same growing practices, harvested at the same time and at the same location and cured under uniform conditions.

"Harvest lot." A specifically identified quantity of medical marijuana plant taken from a harvest batch.

"Identification card." A document issued under section 501 that authorizes access to medical marijuana under this act.

"Independent dispensary." A dispensary issued a permit to operate in this Commonwealth and that meets all of the following:

(1) Has not had the dispensary's permit revoked.

(2) Has not entered into a change of control transaction with any other person that was issued a grower/processor permit, dispensary permit or clinical registrant permit in this Commonwealth.

(3) Is not materially the same as another medical marijuana organization in this Commonwealth through a parent company, subsidiary or shared affiliation with another entity that holds a permit from the department under this act or through the sharing of principals, officers or directors, employees, facilities, equipment, finances or capital.

"Independent grower/processor." A grower/processor awarded a permit to operate in this Commonwealth that meets all of the following criteria as of the effective date of this definition:

(1) Has not had its permit revoked.

(2) Has not entered into a change of control transaction with any other person that was issued a grower/processor permit, dispensary permit or clinical registrant permit in this Commonwealth.

(3) Is not materially the same as another medical marijuana organization in this Commonwealth through a parent company or subsidiary of another entity that holds a permit from the department under this act or through the sharing of principals, officers or directors, employees, facilities, equipment, finances or capital.

"Individual dose." A single measure of medical marijuana.

"Materially the same." A person who shares any of the following with another person:

(1) Profits or losses.

(2) Common valuation, in the case of a publicly traded company.

(3) Common ownership of more than 5%, including subsidiaries.

(4) Common ownership of 5% or less if the persons with voting rights to elect or appoint one or more members of the board of directors or other governing board.

(5) Common management, policies, principals, officers, directors, employees, equipment, finances or capital.

"Medical marijuana." Marijuana for certified medical use as set forth in this act.

"Medical marijuana organization." A dispensary or a grower/processor. The term does not include a health care medical marijuana organization under Chapter 19.

"Medical marijuana product." The final form and dosage of medical marijuana that is grown, processed, produced, sealed, labeled and tested by a grower/processor and sold to a dispensary.

"Parent company." A company which directly or indirectly controls any other permittee under this act.

"Patient." An individual who:

(1) has a serious medical condition;

(2) has met the requirements for certification under this act; and

(3) is a resident of this Commonwealth.

"Permit." An authorization issued by the department to a medical marijuana organization to conduct activities under this act.

"Person." A natural person, corporation, foundation, organization, business trust, estate, limited liability company, licensed corporation, trust, partnership, limited liability partnership, association or other form of legal business entity.

"Physician assistant." As defined in section 2 of the act of December 20, 1985 (P.L.457, No.112), known as the Medical Practice Act of 1985, and section 2 of the act of October 5, 1978 (P.L.1109, No.261), known as the Osteopathic Medical Practice Act.

"Practitioner." A physician who is registered with the department under section 401.

"Prescription drug monitoring program." The Achieving Better Care by Monitoring All Prescriptions Program (ABC-MAP).

"Principal." An officer, director or person who directly owns a beneficial interest in or ownership of the securities of an applicant or permittee, a person who has a controlling interest in an applicant or permittee or who has the ability to elect the majority of the board of directors of an applicant or permittee or otherwise control an applicant or permittee, other than a financial institution.

"Process lot." An amount of a medical marijuana product of the same type and processed using the same medical marijuana extract, standard operating procedures and the same or combination of different harvest lots.

"Registry." The registry established by the department for practitioners.

"Research initiative." A nonpatient investigation not subject to institutional review board or research approval committee approval requirements of a patient-based research program, project or study, conducted by an academic clinical research center and its contracted clinical registrant.

"Secretary." The Secretary of Health of the Commonwealth.

"Security." As defined in section 102(t) of the act of December 5, 1972 (P.L.1280, No.284), known as the Pennsylvania Securities Act of 1972.

"Serious medical condition." Any of the following:

(1) Cancer, including remission therapy.

(2) Positive status for human immunodeficiency virus or acquired immune deficiency syndrome.

(3) Amyotrophic lateral sclerosis.

(4) Parkinson's disease.

(5) Multiple sclerosis.

(6) Damage to the nervous tissue of the central nervous system (brain-spinal cord) with objective neurological indication of intractable spasticity and other associated neuropathies.

(7) Epilepsy.

(8) Inflammatory bowel disease.

(9) Neuropathies.

(10) Huntington's disease.

(11) Crohn's disease.

(12) Post-traumatic stress disorder.

(13) Intractable seizures.

(14) Glaucoma.

(15) Sickle cell anemia.

(16) Severe chronic or intractable pain of neuropathic origin or severe chronic or intractable pain .

(17) Autism.

(18) Other conditions that are recommended by the advisory board and approved by the secretary under section 1202.

"Synchronous interaction." A two-way or multiple-way exchange of information between a patient and a health care provider that occurs in real time via audio or video conferencing.

"Terminally ill." A medical prognosis of life expectancy of approximately one year or less if the illness runs its normal course.

35 P.S. § 10231.103

Amended by P.L. (number not assigned at time of publication) 2023 No. 63,§ 1, eff. 4/12/2024.

Amended by P.L. 210 2021 No. 44, § 1, eff. 6/30/2021.

Added by P.L. TBD 2016 No. 16, § 103, eff. 5/17/2016.