Persons interested in manufacturing cannabis products in Pennsylvania must obtain a medical marijuana grower/processor permit. Title 28 Chapter 1151.21 of the Pennsylvania Code prohibits anyone from processing medical marijuana or medical marijuana products without getting a permit. The license-issuing agency authorized by the Medical Marijuana Act is the Pennsylvania Department of Health, otherwise referred to as the Department of Health of the Commonwealth. Section 304 (b) (2) of the Pennsylvania Marijuana Act also prohibits anyone from incorporating medical marijuana into edible form without a permit. This section describes such an act as unlawful. However, the law would not incriminate a registered patient or caregiver who incorporates medical marijuana into edible form in a bid to aid the digestion of a patient.
The only license applicable for the manufacturing of medical marijuana in Pennsylvania is the grower/processor permit. The grower/processor permit is issued to persons or entities licensed to cultivate medical marijuana or manufacture marijuana products, or both.
In Pennsylvania, medical marijuana manufacturers are required to obtain a medical marijuana grower/processor permit. This allows the permit holder to cultivate and manufacture marijuana for medical purposes. It also allows them to sell medical marijuana products to other medical marijuana organizations in the state, such as licensed medical marijuana cultivators and manufacturers. Title 28, Chapter 1151.29 of the Pennsylvania Code specifies some conditions that a grower/processor permit holder must meet to be able to sell products to other medical marijuana organizations. These conditions include:
The medical marijuana grower/processor permit awarded to marijuana manufacturers in Pennsylvania covers every aspect and type of medical marijuana product manufacturing in the state. All aspects of the medical marijuana manufacturing processes by a marijuana organization can happen in a single facility. The manufacturing company only needs to comply with manufacturing conditions approved by the Pennsylvania Department of Agriculture and Pennsylvania Department of Health. These conditions stated in Title 28, Chapter 1151.27 of the Pennsylvania Code include:
A medical marijuana manufacturer that needs to include an active ingredient in marijuana during production must first obtain the prior written approval of the Pennsylvania Department of Health.
Pennsylvania has only one type of cannabis manufacturing license. This is the medical marijuana grower/ processor permit. Anyone holding it may engage in medical marijuana manufacturing legally.
The only license required for manufacturing medical marijuana products, including cannabis edibles in Pennsylvania, is the medical marijuana grower/processor license. A medical marijuana manufacturer is not required to obtain any other additional license to be able to produce any form of medical marijuana product in the state. However, Title 28, Chapter 1151.34 of the Pennsylvania Code specifies conditions that licensed medical marijuana manufacturers in Pennsylvania must meet. These include:
There are other regulations by the Pennsylvania Department of Health on the manufacturing of edible medical marijuana products. The labeling of their medical marijuana products must not:
Bear any similarity with the trademark, product-specialized packaging, or other characteristics of any commercially available food or beverage.
Bear any statement or design that may give an impression that the package contains any other thing aside from medical marijuana.
Bear any badge of the government or agency of government such as seal, flag, crest, coat of arms of the state, county, municipality, etc. It must not in any way give a misleading impression that the medical marijuana product has been endorsed, manufactured, or approved by a government-related agency.
Bear any feature that can make the product package attractive to children. These include images, color schemes, cartoons, and graphic features that can be attractive to children.
The Pennsylvania Department of Health is responsible for issuing the medical marijuana grower/processor permits in Pennsylvania. The department determines when to absorb new medical marijuana manufacturers in the state. Since the legalization of medical marijuana in Pennsylvania in 2016, the department has opened up the grower/processor permit application twice. The first phase was called the phase I grower/processor application, while the second phase, phase II grower/processor application. The phase II grower/processor application opened on 5th April 2018 and closed on 17th May 2018. Application for grower/processor permit in Pennsylvania is still closed until the department announces another phase of applications.
The typical application procedure for grower/processor permits in Pennsylvania involves the following:
Applicable fees can be paid via checks or money orders written in favor of the “Commonwealth of Pennsylvania”. Applicants should mail completed applications to:
Office of Medical Marijuana
Department of Health
Room 628, Health and Welfare Building
625 Forster Street
Harrisburg, PA 17120
The standard fees for cannabis manufacturing license in Pennsylvania include:
Applicants for a grower/processor license also need to show proof that they have up to $2,000,000 capital requirement, $500,000 of which must be a deposit in a financial institution. The cost for the renewal of the grower/processor license in Pennsylvania is $10,000. Applicants applying for permit renewal are required to remit this amount while submitting their application. In case the permit renewal is not granted, the amount will be refunded to the applicant.