Current through Register Vol. 54, No. 44, November 2, 2024
(a) In addition to any other penalty imposed
by law for violations of the act or this part, the Department may take one or
more of the following actions:
(1) Suspend or
revoke a permit if any of the following occur:
(i) The medical marijuana organization fails
to maintain effective control against diversion of seeds, immature medical
marijuana plants, medical marijuana plants, medical marijuana or medical
marijuana products from a facility operated by it or under its
control.
(ii) The medical marijuana
organization violates a provision of the act or this part, or an order issued
under the act or this part.
(iii)
The medical marijuana organization violates a provision of other State or local
laws regarding the operation of its facility.
(iv) The medical marijuana organization
engages in conduct, or an event occurs, that would have disqualified the
medical marijuana organization from being issued a permit or having its permit
renewed.
(v) The medical marijuana
organization submitted falsified information on any application submitted to
the Department including, but not limited to:
(A) Failure to comply with an executed labor
peace agreement submitted with the permit application.
(B) Failure to follow through on commitments
made in the Community Impact section of the permit application.
(2) Impose a civil
penalty of not more than $10,000 for each violation and an additional penalty
of not more than $1,000 for each day of a continuing violation. In determining
the amount of each penalty, the Department will take the following into
consideration:
(i) The gravity of the
violation.
(ii) The potential harm
resulting from the violation to patients, caregivers or the general
public.
(iii) The willfulness of
the violation.
(iv) Previous
violations, if any, by the medical marijuana organization being
assessed.
(v) The economic benefit
to the medical marijuana organization being assessed resulting from the
violation.
(3) Suspend
or revoke a permit pending the outcome of a hearing if the Department
determines that the health, safety or welfare of the public, a patient or a
caregiver is at risk.
(4) Order the
restitution of funds or property unlawfully obtained or retained by a medical
marijuana organization.
(5) Issue a
cease and desist order to immediately restrict the operations of a medical
marijuana organization conducted under the permit to protect the public's
health, safety and welfare. The following requirements apply:
(i) An order may include a requirement that a
medical marijuana organization cease or restrict some or all of its operations.
In addition, the order may prohibit the use of some or all of the seeds,
immature medical marijuana plants, medical marijuana plants, medical marijuana
or medical marijuana products grown, processed or to be sold by the medical
marijuana organization.
(ii) An
order may be issued by an authorized agent of the Department immediately upon
completion of an inspection or investigation if the agent observes an
operational failure or evidence of diversion or contamination of seeds,
immature medical marijuana plants, medical marijuana plants, medical marijuana
or medical marijuana products.
(iii) An order may include:
(A) An immediate evacuation of the site and
facility and the sealing of the entrances to the facility.
(B) A quarantine of some or all of the seeds,
immature medical marijuana plants, medical marijuana plants, medical marijuana
or medical marijuana products found at the facility.
(C) The suspension of the sale or shipment of
some or all of the seeds, immature medical marijuana plants, medical marijuana
plants, medical marijuana or medical marijuana products found at the
facility.
(6)
Issue a written warning if the Department determines that either:
(i) The public interest will be adequately
served under the circumstances by the issuance of the warning.
(ii) The violation does not threaten the
safety or health of a patient, caregiver or the general public, and the medical
marijuana organization took immediate action to remedy the violation.
(b) A person who aids,
abets, counsels, induces, procures or causes another person to violate the act
or this part, or an order issued under the act or this part, shall also be
subject to the civil penalties provided under this section.
(c) For violations of the act or this part,
the Department may require a medical marijuana organization to develop and
adhere to a plan of correction approved by the Department. The Department will
monitor compliance with the plan of correction. Failure to comply with the plan
of correction may result in the Department's taking action under applicable
provisions of this section as it deems appropriate.
(d) The Department's actions under
subsections (a) and (b) are subject to
2
Pa.C.S. §§ 501-508 (relating to
practice and procedure of Commonwealth agencies) and its accompanying
regulations, as modified by Chapter 1230a (relating to practice and
procedure).
This section cited in 28 Pa. Code §
1141a.42 (relating to failure to
be operational); and 28 Pa. Code §
1151a.42 (relating to complaints
about or recall of medical marijuana
products).
