§ 1141.47. General penalties and sanctions.

 (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.

   (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 or suspects an operational failure or determines that the conditions will likely create a diversion or contamination of seeds, immature medical marijuana plants, medical marijuana plants, medical marijuana, medical marijuana products, or a risk to patients or the public.

     (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. Chapter 5, Subchapter A (relating to practice and procedure of Commonwealth agencies) and its accompanying regulations, as modified by Chapter 1230 (relating to practice and procedure—temporary regulations).

Source

   The temporary provisions of this §  1141.47 amended May 11, 2018, effective May 17, 2018, expire on May 12, 2020, 48 Pa.B. 2767. Immediately preceding text appears at serial pages (385934) to (385936).

Cross References

   This section cited in 28 Pa. Code §  1141.42 (relating to failure to be operational); and 28 Pa. Code §  1151.42 (relating to complaints about or recall of medical marijuana products).



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