Current through Register Vol. 54, No. 45, November 9, 2024
Section 1151a.24 - Growing and processing inventory(a) A grower/processor may obtain and transport seeds or immature medical marijuana plants from outside of this Commonwealth for the purpose of securing its start-up inventory. Seeds or immature medical marijuana plants obtained from outside of this Commonwealth shall be obtained within 30 days from the date that the Department determines that the grower/processor is operational; between December 1 and December 30 annually; or within any 30-day window established by the Department under the following process:(1) A grower/processor may make a written request to the Department to open an additional 30-day window for the importation of seeds and immature medical marijuana plants.(2) The written request must provide a justification for the importation of additional seeds or immature medical marijuana plants including, but not limited to, the need to refresh or improve genetics, patient demand, and the need to ensure ample supply of product.(3) The written request must state the starting and ending date being requested.(4) The request must be submitted at least 60 days in advance of the proposed start date.(5) The Department will provide written notice to the grower/processor, no later than 30 days prior to the proposed start date, approving or denying the request based on sufficiency of the justification presented.(b) A grower/processor may not obtain medical marijuana plants from outside of this Commonwealth at any time.(c) Within 24 hours of receipt, a grower/processor shall, record in the electronic tracking system each seed or immature medical marijuana plant that enters the site during a 30-day period under subsection (a).(d) Outside a 30-day period permitted under subsection (a), a grower/processor shall only grow medical marijuana plants from seeds or immature medical marijuana plants located physically in its facility, or purchase seeds, immature medical marijuana plants or medical marijuana plants from another grower/processor.(e) A grower/processor may obtain and transport bulk postharvest medical marijuana plant material from another grower/processor within this Commonwealth to process medical marijuana.(f) A grower/processor may obtain harvested hemp from a person holding a permit issued by the Department of Agriculture to grow or cultivate hemp under the 3 Pa.C.S. Chapter 15 (relating to controlled plants and noxious weeds) if the hemp received by a grower/processor is subject to the laboratory testing requirements of section 704 of the act (35 P.S. § 10231.704).(g) A grower/processor may add hemp or hemp-derived additives obtained or cultivated in accordance with subsection (f).Adopted by Pennsylvania Bulletin, Vol 53, No. 09. March 4, 2023, effective 3/4/2023