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PA Bulletin, Doc. No. 18-1165

RULES AND REGULATIONS

Title 28—HEALTH AND SAFETY

DEPARTMENT OF HEALTH

[ 28 PA. CODE CH. 1210 ]

Medical Marijuana; Clinical Registrants and Academic Clinical Research Centers; Rescission of Temporary Regulations

[48 Pa.B. 4493]
[Saturday, July 28, 2018]

 The Department of Health (Department) provides notice that it is rescinding the temporary regulations in Chapter 1210, regarding clinical registrants and academic clinical research centers, that implemented Chapter 20 of the act of April 17, 2016 (P.L. 84, No. 16), known as the Medical Marijuana Act (act) (35 P.S. §§ 10231.101—10231.2110). These temporary regulations were issued under section 1107 of the act (35 P.S. § 10231.1107) and were specifically not subject to sections 201—205 of the act of July 31, 1968 (P.L. 769, No. 240) (45 P.S. §§ 1201—1205), known as the Commonwealth Documents Law (CDL), the Regulatory Review Act (71 P.S. §§ 745.1—745.14) and sections 204(b) and 301(10) of the Commonwealth Attorneys Act (71 P.S. §§ 732-204(b) and 732-301(10)).

 The act of June 22, 2018, (P.L. , No. 43) (Act 43) amended Chapter 20 of the act. Act 43 clarifies the clinical research component of the act by changing the requirements and procedures for clinical registrants and academic clinical research centers in this Commonwealth to participate in the Medical Marijuana Program. This statutory amendment supersedes the temporary regulations in Chapter 1210.

 Further, section 2004 of the act (35 P.S. § 10231.2004), added by section 6 of Act 43, specifically provides that, to facilitate the prompt implementation of Chapter 20 of the act, as amended, the Department shall promulgate temporary regulations that are not subject to sections 201—205 of the CDL, the Regulatory Review Act and sections 204(b) and 301(10) of the Commonwealth Attorneys Act. The Department is rescinding the temporary regulations in Chapter 1210 under this statutory authority.

 In accordance with section 2004(c) of the act, the Department intends to promulgate temporary regulations to implement amended Chapter 20 of the act within the time frame as provided in section 2004 of the act. Section 2004(c) of the act requires the Department to begin publishing temporary regulations within 90 days of June 22, 2018, the effective date of Act 43.

RACHEL L. LEVINE, MD, 
Secretary

 (Editor's Note: Title 28 of the Pennsylvania Code is amended by deleting temporary regulations in §§ 1210.21—1210.37 to read as set forth in Annex A.)

 Fiscal Note: 10-203. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 28. HEALTH AND SAFETY

PART IX. MEDICAL MARIJUANA

CHAPTER 1210. (Reserved)

§§ 1210.21—1210.37. (Reserved).

[Pa.B. Doc. No. 18-1165. Filed for public inspection July 27, 2018, 9:00 a.m.]


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