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Pennsylvania Medical Marijuana Overview
Pennsylvania’s medical marijuana program was created by the Medical Marijuana act, which was signed into law on April 17, 2016. The final medical cannabis laws and regulations were released by the Department of Health (DOH) on March 4, 2023.
Pennsylvania’s medical marijuana program is managed by the Department of Health (DOH) and the Department of Agriculture (DOA). Each department is responsible for accepting, reviewing, and issuing permits for the respective medical marijuana business that is being applied for.
There are two types of medical marijuana permits in Pennsylvania. They are the grower/processing (G/P) permit and the dispensary permit. The permit that a business acquires determines the activities they can engage in. In short, a G/P permit will allow a business to engage in the cultivation and manufacturing of cannabis and cannabis products for use in the medical market. The dispensary permit allows a business to operate a retail space that exclusively sells cannabis and cannabis products to Medical Marijuana Card holders.
On December 24, 2023, Act 63 was signed into law, and implemented into the Pennsylvania medical marijuana program on April 12, 2024.
Act 63 allows Medical Marijuana Organizations (MMO) to vertically integrate. More specifically, independent MMOs can hold both a G/P permit and a dispensary permit at the same time. This means that a business with a G/P permit can apply for a dispensary permit, and a dispensary can apply for a G/P permit and operate both a growing/processing business and a dispensary business.
Independent MMO’s that wish to add an additional license to their entity must complete and submit an application between May 12, 2024, and June 12, 2024. Any future Act 63 application windows will be announced by the DOH.
Pennsylvania Medical Marijuana Permit Types
There are two types of medical marijuana business permits available in Pennsylvania. They are the grower/processor (G/P) permit and the dispensary permit.
Grower/Processor Permit
Non-refundable Application Fee: $10,000
Permit Fee: $200,000
Proof of Capital: $2 million in capital ($500,000 must be on deposit in a financial institution)
The DOH will only be issuing up to 25 G/P permits, five of which can now be issued a dispensary permit.
The G/P permit allows a business to engage in the cultivation, harvesting, and processing of cannabis and cannabis products. These products are then sold to medical dispensaries for sale to Medical Marijuana Card holders.
All growing and processing needs to take place at an indoor and secure facility that’s been approved by the DOH. All facilities must have temperature, humidity, ventilation, lighting, and water supply monitoring systems, compliant security systems, equipment, cleaning compounds, and more.
Growing Requirements
Growers can only use pesticides, fungicides, herbicides, fertilizers, nutrients, and hydroponic solutions that will support the growth of cannabis plants and are approved by the DOH.
Processing Requirements
Before being dispensed to a patient or caregiver, cannabis must be processed into one of the following forms:
- Pill
- Oil
- Topicals
- A form appropriate for vaporization or nebulization
- Tincture
- Liquid
This means that G/Ps cannot process medical cannabis to be dispensed as raw plant material or flower intended for smoking.
Dispensary Permit
Non-refundable Application Fee: $5,000
Permit Fee: $30,000
Proof of Capital: $150,000
The DOH will only be issuing up to 50 dispensary permits and each dispensary can have no more than three separate locations.
The dispensary permit allows a business to acquire and dispense medical products supplied from a G/P permitted business. Medical cannabis products can be sold to medical patients and caregivers. Patients eligible to purchase medical marijuana in Pennsylvania must have an approved medical condition, be a resident of Pennsylvania, and a doctor’s certification allowing them to participate in the program.
Storage Requirements
A dispensary must have separate, locked areas for storing expired, damaged, mislabeled, contaminated, recalled, or opened medical marijuana products until they are returned, destroyed, or disposed of. All storage areas must be kept clean, orderly, and free from insects, rodents, birds, and pests.
Dispensary Operational Plan Requirements
When the DOH determines a dispensary is ready to operate, the business must submit a detailed operational plan to the Department for review, including:
Employment Policies: Guidelines on hiring, training, and managing staff.
Security Measures:
- Staff identification
- Monitoring staff attendance and facility access
- Alarm systems
- Video surveillance
- Inventory tracking
- Personnel security
Product Handling: Procedures for receiving, packaging, labeling, tracking, transporting, storing, disposing of, returning, and recalling medical marijuana products.
Workplace Safety: Ensuring a safe work environment.
Cleaning and Sanitation: Keeping the facility clean and sanitary.
Inventory Management: Maintaining and reporting inventory.
Electronic Tracking: Permittees must use the DOH’s prescribed electronic tracking system.
Eligibility Requirements
The Medical Marijuana Act prohibits the following individuals from owning, investing in, or working for a medical marijuana grower, processor, or dispensary:
- Physicians
- Individuals with prior drug charges or addictions
- Certain public officials
- Anyone who has breached Pennsylvania’s Medical Marijuana Act
Additionally, applicants must also demonstrate “good moral character” to be considered for a permit.
Application Overview
The general application for a G/P or dispensary permit must include the following:
- Description of your business organization and activities.
- Evidence of effective security measures to prevent diversion, abuse, or illegal activities.
- Proof of compliance with municipal zoning requirements.
- Submit a diversity plan.
Permit holders must complete a two-hour training course. The DOH has the right to ask for further information and documentation, and they may impose additional medical marijuana requirements through temporary regulations.
The application requirements for Act 63, ending in June 2024 are noted on the DOH website.
Location & Distance Requirements
Pennsylvania’s medical marijuana businesses must be within one of six regions. Each region has numerous counties included in the Pennsylvania medical marijuana program. All businesses growing, processing, and dispensing medical marijuana in Pennsylvania must be within one of these six regions.
Working with CannDelta
By choosing CannDelta, you’re partnering with a team of professionals in cannabis consulting for Pennsylvania. Our extensive experience across North America gives us a unique perspective on the evolving cannabis landscape. Our experts are well-versed in Pennsylvania’s regulatory environment and have all the tools you need to launch a successful cannabis business. Here’s how we can assist:
Cannabis License Applications: Enter the cannabis market with confidence. Our team offers complete cannabis retail license support. Our experts prepare, submit, and monitor your license application to ensure compliance and competitiveness.
Business Plan Development: Build a strong foundation for your cannabis venture. We create business plans that meet medical marijuana requirements and foster long-term growth.
Security Plan: Our specialists design comprehensive security plans that protect your assets, comply with state regulations, and provide peace of mind.
Site Audits and Inspections: Stay proactive with our detailed site audits. We identify potential issues and offer practical solutions to maintain compliance and efficiency.
Standard Operating Procedures: Enhance daily operations with a customized operating plan. We develop clear, compliant SOPs to facilitate smooth business operations.
Marketing Plan: Make your brand stand out! We help build your brand and create outreach strategies to establish your presence in Pennsylvania’s cannabis market.
Employee Staffing and Training Plan: Our recruitment strategies and customized training programs ensure your employees have their budtender certification and are prepared to excel in the cannabis industry.
Fill out the form below to connect with our cannabis consultants today!
Frequently Asked Questions
How do I get a Dispensary License in Pennsylvania?
You can get a medical dispensary permit by applying whenever there is an open application window. Currently, there can only be 50 dispensary permits held in Pennsylvania. If the application window opens, an applicant will need to submit a complete application featuring all of the required details and documents. Generally, this includes:
1. Description of your business organization and activities.
2. Evidence of effective security measures to prevent diversion, abuse, or illegal activities.
3. Proof of compliance with municipal zoning requirements.
4. Submit a diversity plan.
How do I Start a Cannabis Business in Pennsylvania?
You can start a medical cannabis business in Pennsylvania by applying for a G/P permit or a dispensary permit. Currently, the application for both permits is closed until further notice. Regularly check the DOH website for any updates regarding a future application window. Working with a team specializing in cannabis consulting for Pennsylvania will ensure your application meets all of the requirements.
How do I Become a Cannabis Grower in Pennsylvania?
In accordance with medical cannabis laws, you can only become a cannabis grower in the Pennsylvania medical marijuana program after applying for, and securing a G/P permit. This permit will allow your to engage in all cultivating and processing activities to produce medical cannabis products to be sold in the medical marijuana market.
Is Cannabis Legal in Pennsylvania in 2024?
Cannabis is legal for medical use cultivation, processing, and sale in Pennsylvania. Those interested in obtaining a medical marijuana permit or a medical marijuana card for consumption must apply.
To apply for a medical marijuana business permit, an application window must be open. The Pennsylvania DOH is not currently accepting any applications as of July 2024.
To apply for a medical marijuana card allowing you to purchase and consume medical cannabis, an PA resident will need to do the following:
1. Register on the website.
2. Get certified by an approved practitioner.
3. Pay for your medical marijuana ID card.
4.Visit a Pennsylvania dispensary with your ID card.
Can I Open a Dispensary in Pennsylvania?
You currently cannot open a recreational dispensary in Pennsylvania because recreational sale and use is against the law in PA. However, you can open a medical dispensary. Doing so would require a dispensary permit. To get a dispensary permit, you must submit an application to the DOH during an open application window.
