Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 5598 (August 31, 2024).

28 Pa. Code § 1161a.27. Items and services provided at a dispensary.

§ 1161a.27. Items and services provided at a dispensary.

 (a)  A dispensary shall dispense the form of medical marijuana products under §  1161a.23(b)(2) (relating to dispensing medical marijuana products).

 (b)  A dispensary shall purchase medical marijuana products only from a grower/processor.

 (c)  A dispensary may sell, offer for sale or provide at a facility, with the prior written approval of the Department, instruments, devices and services related to the use of medical marijuana products.

 (d)  A dispensary may dispense a medical marijuana product with a THC concentration of 0.3% or less so long as the dispensary purchases it from a grower/processor.

 (e)  A dispensary may not:

   (1)  Provide medical marijuana products at no cost or free, unless the patient is approved for financial assistance by the Department.

   (2)  Make the dispensing of medical marijuana products to a patient or caregiver conditional upon:

     (i)   The purchase of a medical device, instrument or service provided at a dispensary facility.

     (ii)   The purchase of a medical device, instrument or service provided at a location other than a dispensary facility.

   (3)  Deliver, or contract to a third party the delivery of, medical marijuana products to a patient or caregiver at the patient’s or caregiver’s home or any other location.

   (4)  Sell, offer for sale or provide at a facility, items and services unrelated to the use of medical marijuana products.



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