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NOTICES

DEPARTMENT OF HEALTH

Medical Marijuana Program; Availability of Permit Applications, Number and Locations of Permits to be Issued in Phase II

[48 Pa.B. 1782]
[Saturday, March 24, 2018]

 In the notice published at 47 Pa.B. 73 (January 7, 2017), the Department of Health (Department) announced implementation of Phase I of the Medical Marijuana Program (Program), which resulted, ultimately, in the issuance of 12 permits for growers/processers and 27 permits for dispensaries. The purpose of this notice is to announce that the Department intends to implement Phase II of the Program in the manner outlined in this notice. Accordingly, this notice addresses the availability of permit applications for growers/processors and dispensaries, the time frame during which permit applications will be accepted by the Department, the total number of permits that may be issued in Phase II, and number and location of permits in each medical marijuana region that may be issued in Phase II. The number and geographical boundaries of the medical marijuana regions have not changed and were published at 47 Pa.B. 74 (January 7, 2017).

Availability of Permit Applications and Submission Deadline

 Notice is hereby given, as required by 28 Pa. Code § 1141.29(a) (relating to initial permit application), that on April 5, 2018, the Department intends to make available, on its web site, grower/processor and dispensary permit applications to implement Phase II of the Program. The Department will accept grower/processor and dispensary permit applications that are complete and include the required fees until May 17, 2018. The Department will consider any application sent by mail to have been received on the date it is deposited in the mail as long as the postmark on the outside of the package is clear and legible. The Department will return a permit application that is postmarked after the May 17, 2018, deadline. An applicant must submit a permit application by mail in an electronic format that is listed in the instructions portion of the permit application to the Office of Medical Marijuana, Department of Health, Room 628, Health and Welfare Building, 625 Forster Street, Harrisburg, PA 17120.

Total Number of Permits to be Issued in Phase II

 Under section 616 of the Medical Marijuana Act (act) (35 P.S. § 10231.616), the Department may not initially issue permits to more than 25 growers/processors and more than 50 dispensaries. In addition, no more than five growers/processors may be issued permits as dispensaries (see section 616(5) of the act). A person who is issued both a grower/processor permit and a dispensary permit by the Department has permits that are vertically integrated. Currently, four permittees hold permits that are vertically integrated. Therefore, in Phase II, only one grower/processor may be issued a dispensary permit.

 Because, in Phase I of the implementation of the Program, the Department has already issued 12 grower/processer permits and 27 dispensary permits, the Department, in Phase II of the implementation of the Program, intends to issue:

 1. Up to 13 grower/processor permits.

 2. Up to 23 dispensary permits.

 The Department may not issue more than one individual grower/processor permit to one person (see section 616(4) of the act). In addition, the Department may not issue more than five individual dispensary permits to one person (see section 616(3) of the act).

Number and Locations of Permits in Each Medical Marijuana Region

 Notice is hereby given, as required by 28 Pa. Code § 1141.33(b) (relating to review of initial permit applications), that the Department intends to issue, in Phase II, the following number of permits in the following targeted locations:

 1. The Department intends to issue one grower/processor permit to the highest-scoring, most-qualified and eligible applicant without regard to location. For theremaining 12 grower/processor permits, the Department intends to issue up to 2 grower/processor permits in each of the 6 medical marijuana regions listed as follows.

 2. The Department intends to issue up to 23 dispensary permits in the following medical marijuana regions:

Medical Marijuana Region 1—The Southeast Region

Number of Dispensary Permits—9

Medical Marijuana Region 2—The Northeast Region

Number of Dispensary Permits—3

Medical Marijuana Region 3—The Southcentral Region

Number of Dispensary Permits—3

Medical Marijuana Region 4—The Northcentral Region

Number of Dispensary Permits—2

Medical Marijuana Region 5—The Southwest Region

Number of Dispensary Permits—4

Medical Marijuana Region 6—The Northwest Region

Number of Dispensary Permits—2

 The primary dispensary location may be in any county within the medical marijuana region. Each dispensary permit that is issued will list the primary dispensary location. An applicant has the option of listing two additional dispensary locations on the permit application for approval by the Department. The second and third dispensary locations must be within the same medical marijuana region as the primary dispensary location listed in the dispensary permit. The second and third dispensary locations are not permitted to be in the same county as the primary dispensary location listed in the dispensary permit. In addition, the second and third dispensary locations are not permitted to be in the same county.

 Interested persons are invited to submit written comments, suggestions or objections regarding this notice to John J. Collins, Office of Medical Marijuana, Department of Health, Room 628, Health and Welfare Building, 625 Forster Street, Harrisburg, PA 17120, (717) 547-3047, RA-DHMedMarijuana@pa.gov.

 Persons with a disability who wish to submit comments, suggestions or objections regarding this notice or who require an alternative format of this notice (for example, large print, audiotape or Braille) may do so by using the previously listed contact information. Speech and/or hearing impaired persons may call the Pennsylvania AT&T Relay Service at (800) 654-5984 (TDD users) or (800) 654-5988 (voice users).

RACHEL L. LEVINE, MD, 
Secretary

[Pa.B. Doc. No. 18-462. Filed for public inspection March 23, 2018, 9:00 a.m.]



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