Pennsylvania
Cannabis Laws, Regulations, & Security Requirements

*Please note that this resources page contains only the security compliance requirements relevant to a cannabis or marijuana business in Pennsylvania. The entire set of regulatory requirements and standards for operational protocols have been removed to focus exclusively on the security compliance aspects. 

Security Requirements

 

Pennsylvania Statutes, Annotated by LexisNexis®   >  Pennsylvania Statutes  >  Title 35. Health and Safety (Chs. 1 — 69)  >  Chapter 64. Medical Marijuana Act (Chs. 1 — 21)  >  Chapter 6. Medical Marjuana Organizations (§§ 10231.601 — 10231.616)

  10231.603. Granting of permit

(a.1)Determination. — In making a decision under subsection (a), the department shall determine that:

(7)  The applicant is able to implement and maintain security, tracking, recordkeeping and surveillance systems relating to the acquisition, possession, growth, manufacture, sale, delivery, transportation, distribution or the dispensing of medical marijuana as required by the department.

  10231.701.  Electronic tracking

(b)  Additional requirements. — In addition to the information under subsection (a), each medical marijuana organization shall track the following:

(1)  Security and surveillance.

(2)  Recordkeeping and record retention.

(3)  The acquisition, possession, growing and processing of medical marijuana.

(4)  Delivery and transportation, including amounts and method of delivery.

(5)  Dispensing, including amounts, pricing and amounts collected from patients and caregivers.

 

  10231.702. Grower/processors

(a)  Authorization. — Subject to subsection (b), a grower/processor may do all of the following in accordance with department regulations:

(1)  Obtain seed from outside this Commonwealth to initially grow medical marijuana.

(2)  Obtain seed and plant material from another grower/processor within this Commonwealth to grow medical marijuana.

(b)  Limitations. —

(1)  A grower/processor may only grow, store, harvest or process medical marijuana in an indoor, enclosed, secure facility which:

(i)  includes electronic locking systems, electronic surveillance and other features required by the department; and

(ii)  is located within this Commonwealth.

 

  10231.703. Storage and transportation

The department shall develop regulations relating to the storage and transportation of medical marijuana among grower/processors, testing laboratories and dispensaries which ensure adequate security to guard against in-transit losses. The tracking system developed by the department shall include all transportation and storage of medical marijuana. The regulations shall provide for the following:

(1)  Requirements relating to shipping containers and packaging.

(2)  The manner in which trucks, vans, trailers or other carriers will be secured.

(3)  Security systems that include a numbered seal on the trailer.

(4)  Obtaining copies of drivers’ licenses and registrations and other information related to security and tracking.

(5)  Use of GPS systems.

(6)  Number of drivers or other security required to ensure against storage or in-transit losses.

(7)  Recordkeeping for delivery and receipt of medical marijuana products.

(8)  Requirements to utilize any electronic tracking system required by the department.

(9)  Transporting medical marijuana to a grower/processor, approved laboratory or dispensary.

 

  10231.802. Facility requirements

(a)  General rule. —

(1)  A dispensary may only dispense medical marijuana in an indoor, enclosed, secure facility located within this Commonwealth, as determined by the department.

(2)  A dispensary may not operate on the same site as a facility used for growing and processing medical marijuana.

(3)  A dispensary may not be located within 1,000 feet of the property line of a public, private or parochial school or a day-care center.

(4)  A dispensary may sell medical devices and instruments which are needed to administer medical marijuana under this act.

(5)  A dispensary may sell services approved by the department related to the use of medical marijuana.

(b)  Adjustment or waiver of prohibition.–The department may amend a prohibition under subsection (a)(3) if it is shown by clear and convincing evidence that the amendment is necessary to provide adequate access to patients. An amendment may include additional security, physical plant of a facility or other conditions necessary to protect children.

 

  10231.1905. Requirements

(a)  Dispensing. — A health care medical marijuana organization that dispenses medical marijuana shall:

(1)  Maintain licensure with the department as required under the act of July 19, 1979 (P.L.130, No.48), known as the Health Care Facilities Act.

(2)  Secure the medical marijuana within the associated pharmacies of the health care medical marijuana organization in a manner and method prescribed by the department.

 

  10231.1907. Regulations

The department shall, by regulation, establish the procedure to be used by a health care medical marijuana organization that grows and processes medical marijuana with respect to:

(1)  Real time inventory tracking, including a seed-to-dispensing tracking system that tracks medical marijuana from seed or immature plant stage until the medical marijuana is provided to a patient in a research study.

(2)  Security, recordkeeping, record retention and surveillance systems relating to every stage of growing and processing medical marijuana.

(3)  A daily log of each day’s beginning inventory, acquisitions, disbursements, disposals and ending inventory.

(4)  A system to recall defective medical marijuana.

(5)  A system to track the plant waste resulting from the growth of medical marijuana.

(6)  Testing of medical marijuana by an independent laboratory to test the medical marijuana produced by the health care medical marijuana organization, including requiring a test at harvest and a test at final processing.

(7)  Any other procedure deemed necessary by the department.

 

 

  10231.2107. Zoning

The following apply:

(1)  A grower/processor shall meet the same municipal zoning and land use requirements as other manufacturing, processing and production facilities that are located in the same zoning district.

(2)  A dispensary shall meet the same municipal zoning and land use requirements as other commercial facilities that are located in the same zoning district.