HB 1200 — An Act providing for the regulation and treatment of cannabis, for exemption from criminal or civil penalties, for effect on cannabis convictions and expungements and for membership and duties of the Liquor Control Board; establishing Pennsylvania Cannabis Stores; providing for social and economic equity, for license, permit or other authorization, for packaging, labeling, advertising and testing, for recordkeeping and inspection, for prohibitions and penalties and for tax and tax administration; establishing the Cannabis Revenue Fund, the Communities Reimagined and Reinvestment Restricted Account and the Substance Use Disorder Prevention, Treatment and Education Restricted Account; providing for the issuance of bonds; imposing duties on the Department of Agriculture and the Department of Revenue; and making repeals.

PRINTER'S NO.   1578

                    THE GENERAL ASSEMBLY OF PENNSYLVANIA



                        HOUSE BILL
                        No. 1200
                                              Session of
                                                2025

     INTRODUCED BY KRAJEWSKI, FRANKEL, SANCHEZ, McNEILL, GIRAL, HILL-
        EVANS, MADDEN, DONAHUE, HOHENSTEIN, KHAN, SMITH-WADE-EL,
        FIEDLER, FLEMING, GREEN, O'MARA, WAXMAN, ABNEY, SHUSTERMAN,
        PIELLI, WEBSTER, MAYES, KAZEEM, SCHWEYER, KOSIEROWSKI, DALEY,
        INGLIS AND D. WILLIAMS, MAY 4, 2025

     REFERRED TO COMMITTEE ON HEALTH, MAY 4, 2025


                                   AN ACT
 1   Providing for the regulation and treatment of cannabis, for
 2      exemption from criminal or civil penalties, for effect on
 3      cannabis convictions and expungements and for membership and
 4      duties of the Liquor Control Board; establishing Pennsylvania
 5      Cannabis Stores; providing for social and economic equity,
 6      for license, permit or other authorization, for packaging,
 7      labeling, advertising and testing, for recordkeeping and
 8      inspection, for prohibitions and penalties and for tax and
 9      tax administration; establishing the Cannabis Revenue Fund,
10      the Communities Reimagined and Reinvestment Restricted
11      Account and the Substance Use Disorder Prevention, Treatment
12      and Education Restricted Account; providing for the issuance
13      of bonds; imposing duties on the Department of Agriculture
14      and the Department of Revenue; and making repeals.
15                              TABLE OF CONTENTS
16   Chapter 1.   Preliminary Provisions
17   Section 101.   Short title.
18   Section 102.   Definitions.
19   Chapter 2.   Regulation of Cannabis
20   Section 201.   Regulation and treatment of cannabis.
21   Section 202.   Exemption from criminal or civil penalties in
22                other acts.
 1   Section 202.1. Discrimination prohibited.
 2   Section 203.   Home cultivation.
 3   Section 204.   Unauthorized acts.
 4   Section 205.   Presumption.
 5   Section 206.   Charges pending on effective date.
 6   Section 207.   Charges brought under the Controlled Substances
 7                Act.
 8   Chapter 3.   Effect on Certain Cannabis Convictions and
 9                Expungements
10   Section 301.   Definitions.
11   Section 302.   Identification of cannabis offenses.
12   Section 303.   Updates to and expungement of records.
13   Section 304.   Expungement of records where no conviction
14                occurred or when acquitted.
15   Section 305.   Cannabis convictions and sentences vacated.
16   Section 306.   Update to and expungement of records pertaining to
17                vacated convictions and sentences.
18   Section 307.   Maintenance records.
19   Section 308.   Cannabis simplified petition expungement process.
20   Chapter 4.   Additional Members of the Liquor Control Board
21   Section 401.   Continued authority of the Liquor Control Board.
22   Section 402.   Membership of the board.
23   Section 403.   Additional powers and duties of board.
24   Section 404.   Temporary regulations.
25   Section 405.   Notice of commencement of sales in cannabis
26                stores.
27   Section 406.   Annual report by the board.
28   Chapter 5.   Pennsylvania Cannabis Stores
29   Section 501.   Pennsylvania Cannabis Stores.
30   Section 502.   Selection of employees.

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 1   Section 503.   Management of cannabis stores.
 2   Section 504.   Sales at Pennsylvania Cannabis Stores.
 3   Section 505.   Health and safety protections.
 4   Section 506.   Audits by the Auditor General.
 5   Chapter 6.   Social and Economic Equity
 6   Section 601.   Definitions.
 7   Section 602.   Office of Social and Economic Equity.
 8   Section 602.1. Social and Economic Equity Advisory Committee.
 9   Section 603.   Cannabis Business Development Fund.
10   Section 604.   Social and Economic Equity Loan and Grant Program.
11   Chapter 7.   License, Permit or Other Authorization
12      Subchapter A.   General Provisions
13   Section 701.   Ineligibility for licensure, permit or other
14                authorization.
15   Section 702.   Renewals.
16   Section 703.   Construction.
17      Subchapter B.   Cannabis Entity Licenses
18   Section 704.   Cannabis entity license application.
19   Section 705.   Scoring system, lottery system and issuance.
20   Section 706.   Licensing of principals required.
21   Section 707.   Cannabis cultivator licenses.
22   Section 708.   Cannabis processor licenses.
23   Section 709.   Cannabis transporter license.
24   Section 710.   On-site consumption license.
25   Section 711.   (Reserved).
26   Section 712.   Need for additional licenses.
27   Section 713.   Change in ownership or control.
28   Section 714.   Labor peace agreement.
29      Subchapter C.   Registrations, Permits and Certificates
30   Section 715.   Registration of essential employees.

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 1   Section 715.1. Workplace protections.
 2   Section 716.    Required reports.
 3   Section 717.    Cannabis responsible training required.
 4   Section 718.    Cannabis workers' cooperative licensure.
 5   Section 719.    Duty of licensees, permittees and other authorized
 6                 persons.
 7   Chapter 8.    Packaging, Labeling, Advertising and Testing
 8   Section 801.    Definitions.
 9   Section 801.1. Packaging and labeling.
10   Section 801.2. Advertising.
11   Section 802.    Product safety protections.
12   Section 803.    Laboratory testing.
13   Chapter 9.    Recordkeeping and Inspection
14   Section 901.    Recordkeeping and tracking.
15   Section 902.    Inspections.
16   Chapter 10.    Prohibitions and Penalties
17      Subchapter A.    Public Employee Prohibitions
18   Section 1001.    Definitions.
19   Section 1002.    Financial and employment interests.
20   Section 1003.    Additional restrictions.
21      Subchapter B.    Penalties and Immunities
22   Section 1004.    Administrative sanctions.
23   Section 1005.    Civil and criminal penalties.
24   Section 1006.    General immunities and presumptions.
25   Chapter 11.    Taxes and Tax Administration
26   Section 1101.    Definitions.
27   Section 1102.    Cannabis excise tax.
28   Section 1103.    Authority and duties of department.
29   Section 1103.1. Municipal tax on on-site consumption licensees.
30   Section 1104.    Liens and suits for taxes.

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 1   Section 1105.    Tax deduction allowed.
 2   Chapter 12.    Revenue
 3   Section 1201.    Cannabis Revenue Fund.
 4   Section 1202.    Communities Reimagined and Reinvestment
 5                 Restricted Account.
 6   Section 1203.    Substance Use Disorder Prevention, Treatment and
 7                 Education Restricted Account.
 8   Section 1204.    Prohibition.
 9   Chapter 13.    Bonds
10   Section 1301.    Bond issuance.
11   Section 1302.    Bond limitations.
12   Section 1303.    Deposit of bond proceeds.
13   Chapter 21.    Miscellaneous Provisions
14   Section 2101.    Duties of Department of Agriculture.
15   Section 2102.    Cooperation.
16   Section 2103.    Public health report.
17   Section 2104.    Repeals.
18   Section 2105.    Effective date.
19      The General Assembly of the Commonwealth of Pennsylvania
20   hereby enacts as follows:
21                                   CHAPTER 1
22                            PRELIMINARY PROVISIONS
23   Section 101.    Short title.
24      This act shall be known and may be cited as the Cannabis
25   Health and Safety Act.
26   Section 102.    Definitions.
27      The following words and phrases when used in this act shall
28   have the meanings given to them in this section unless the
29   context clearly indicates otherwise:
30      "Advertising."      To engage in marketing and promotional

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 1   activities, including, but not limited to, billboard, newspaper,
 2   radio, Internet and electronic media, social media and
 3   television advertising, the distribution of fliers and circulars
 4   and the display of window and interior signs.
 5      "Affiliate" or "affiliated."      A person that, directly or
 6   indirectly, through one or more intermediaries, controls, is
 7   controlled by or is under common control with a specified
 8   person.
 9      "Applicant."     The following apply:
10             (1)   An individual who is a citizen of the United States
11      or an individual lawfully admitted for permanent residency in
12      the United States, who is 21 years of age or older and who is
13      applying for a license, permit or other authorization to
14      engage in a regulated activity under this act.
15             (2)   In the case of an applicant that is a person other
16      than an individual, the affiliated persons whose
17      qualifications may be subject to review and approval by the
18      board as a precondition to authorizing the person to engage
19      in a regulated activity.
20      "Background investigation."      A security, criminal, financial,
21   credit and suitability investigation of an applicant. The term
22   shall include an investigation into the status of taxes owed to
23   the United States, the Commonwealth and any political
24   subdivision of the Commonwealth.
25      "Board."     The Liquor Control Board established under the act
26   of April 12, 1951 (P.L.90, No.21), known as the Liquor Code.
27      "Bona fide labor organization."       A labor organization, as
28   defined by 29 U.S.C. § 402(i) (relating to definitions), that
29   the board has determined under section 403(b)(36) is a bona fide
30   labor organization.

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 1      "Cannabis."      As follows:
 2          (1)   Any of the following:
 3                (i)    Marijuana, hashish and other substances that are
 4          identified as including any parts of the cannabis plant
 5          and derivatives or subspecies of all strains of cannabis,
 6          whether growing or not, including the seeds, the resin
 7          extracted from any part of the plant and any compound,
 8          manufacture, salt, derivative or mixture or preparation
 9          of the plant, seeds or resin.
10                (ii)    THC and all other naturally or synthetically
11          produced cannabinol derivatives, whether produced
12          directly or indirectly by extraction.
13                (iii)    Processed hemp.
14          (2)   The term does not include:
15                (i)    The mature stalks of the plant, fiber produced
16          from the stalks, oil or cake made from the seeds of the
17          plant or any other compound, salt, derivative, mixture,
18          the sterilized seed of the plant that is incapable of
19          germination or industrial hemp.
20                (ii)    Medical marijuana as defined by the act of
21          April 17, 2016 (P.L.84, No.16), known as the Medical
22          Marijuana Act.
23      "Cannabis arrest."     As defined in section 301.
24      "Cannabis concentrate."        A product derived from cannabis that
25   is produced by extracting cannabinoids, including THC, hashish
26   and resin, from the plant through the use of solvents, carbon
27   dioxide, heat, screens, presses or steam distillation or other
28   methods expressly designated by the board.
29      "Cannabis consumer."     An individual 21 years of age or older
30   who possesses a personal amount of cannabis purchased from a

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 1   cannabis store.
 2      "Cannabis conviction."   As defined in section 301.
 3      "Cannabis cultivator."   A person licensed by the board under
 4   section 707 to cultivate cannabis in this Commonwealth as a
 5   Category 1 cannabis cultivator or a Category 2 microcultivator.
 6      "Cannabis entity."
 7          (1)   A cannabis cultivator.
 8          (2)   A cannabis processor.
 9          (3)   A cannabis microbusiness.
10          (4)   A cannabis transporter.
11          (5)   An on-site consumption licensee.
12      "Cannabis establishment."   The physical location specified in
13   an application of a cannabis entity licensee and where the
14   licensee has been granted authorization to cultivate, process,
15   transport or sell cannabis, cannabis flower or cannabis products
16   as provided under this act and regulations of the board. The
17   term includes:
18          (1)   Public and private areas of the cannabis
19      establishment.
20          (2)   The entire lot or parcel that a cannabis cultivator
21      owns, leases or has a right to occupy.
22      "Cannabis flower."   The flower of a cannabis plant. The term
23   does not include cannabis trim.
24      "Cannabis flowering stage."    The stage of cultivation when a
25   cannabis plant is cultivated to produce cannabis flower and
26   plant material for a cannabis product. The term includes mature
27   plants if any of the following apply:
28          (1)   More than two stigmas are visible at each internode
29      of the plant.
30          (2)   The cannabis plant is in an area that has been

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 1      intentionally deprived of light for a period of time intended
 2      to produce flower buds and induce maturation, from the moment
 3      the light deprivation began through the remainder of the
 4      cannabis plant growth cycle.
 5      "Cannabis grow canopy."   The area of a cannabis establishment
 6   of a cannabis cultivator that is dedicated to live cannabis
 7   plant cultivation. The term does not include areas of a the
 8   cannabis establishment of a cannabis cultivator that is used for
 9   storage of fertilizers, pesticides, herbicides or other
10   products, tools or equipment used in the cultivation of
11   cannabis, quarantine areas, office space, walkways, work areas
12   or similar areas not dedicated to live cannabis plant
13   cultivation.
14      "Cannabis microbusiness."    A person licensed as a Category 2
15   cannabis microcultivator under section 707 or a Category 2
16   cannabis microprocessor under section 708.
17      "Cannabis offense."   As defined in section 301.
18      "Cannabis paraphernalia."    Any device or material which is
19   used, intended for use or designed for use for ingesting,
20   inhaling or otherwise introducing cannabis flower or cannabis
21   products into the human body.
22      "Cannabis paraphernalia permittee."    A person permitted by
23   the board to display, offer for sale and sell cannabis
24   paraphernalia to individuals 21 years of age or older.
25      "Cannabis plant" or "plant."     A plant of the genus cannabis
26   at any stage of growth with a total THC concentration of more
27   than 0.3% on a dry weight basis.
28      "Cannabis processor." A person licensed to process cannabis
29   in this Commonwealth under section 708 as a Category 1 cannabis
30   processor or Category 2 cannabis microprocessor.

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 1      "Cannabis product."    A product that has been processed and is
 2   composed of cannabis and other ingredients that are intended for
 3   consumption or use, including the following:
 4          (1)   cannabis concentrates;
 5          (2)   edible products;
 6          (3)   beverages;
 7          (4)   topical products; and
 8          (5)   ointments, oils and tinctures.
 9      "Cannabis store."     A retail location established under
10   Chapter 5 or collocated with an existing Pennsylvania Liquor
11   Store that is operated and maintained by the board for the sale
12   of cannabis seeds, cannabis flower, cannabis products and
13   cannabis paraphernalia as provided under this act.
14      "Cannabis testing laboratory." A person issued a cannabis
15   testing laboratory permit under section 803(a) to test cannabis,
16   cannabis flower and cannabis product.
17      "Cannabis trim."    All parts, including abnormal or immature
18   parts, of a cannabis plant, other than cannabis flower, and
19   prior to any processing whereby the plant material is
20   transformed into a cannabis product.
21      "Cannabis workers' cooperative."      A for-profit corporation
22   incorporated in accordance with the requirements of 15 Pa.C.S.
23   Ch.77 (relating to workers' cooperative corporation).
24      "Certified social and economic equity applicant."      An
25   applicant that applied as a social and economic equity applicant
26   that has been certified as meeting the criteria of a social and
27   economic equity applicant by the board.
28      "Certified social and economic equity licensee."     A cannabis
29   entity that applied as a social and economic equity applicant,
30   was certified as a social and economic equity applicant by the

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 1   board and has been issued a cannabis entity license, permit or
 2   other authorization to engage in a regulated activity under this
 3   act.
 4      "Commonwealth agency."    A department, board, commission or
 5   any other agency or office of the Commonwealth under the
 6   jurisdiction of the Governor.
 7      "Consumption."   The act of ingesting, inhaling, absorbing or
 8   otherwise introducing cannabis flower or cannabis products into
 9   the human body.
10      "Controlled Substance Act."     The act of April 14, 1972
11   (P.L.233, No.64), known as The Controlled Substance, Drug,
12   Device and Cosmetic Act.
13      "Controlling interest."   Either of the following:
14          (1)   For a publicly traded domestic or foreign
15      corporation, partnership, limited liability company or other
16      form of publicly traded legal entity, a controlling interest
17      is an interest if a person's sole voting rights under State
18      law or corporate articles or bylaws entitle the person to
19      elect or appoint one or more of the members of the board of
20      directors or other governing board or the ownership or
21      beneficial holding of 5% or more of the securities of the
22      publicly traded corporation, partnership, limited liability
23      company or other form of publicly traded legal entity, unless
24      this presumption of control or ability to elect is rebutted
25      by clear and convincing evidence.
26          (2)   For a privately held domestic or foreign
27      corporation, partnership, limited liability company or other
28      form of privately held legal entity, a controlling interest
29      is the holding of securities of 15% or more in the legal
30      entity, unless this presumption of control is rebutted by

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 1      clear and convincing evidence.
 2      "Cultivation."   The growing, cloning, harvesting, drying,
 3   curing, grading and trimming of cannabis plants.
 4      "Electronic cannabis smoking device."     An electronic device
 5   that delivers cannabis flower or cannabis products through
 6   vaporization and inhalation. The term does not include a device
 7   designed to inhale nicotine or an "electronic cigarette" as
 8   defined in 18 Pa.C.S. § 6305(k) (relating to sale of tobacco
 9   products).
10      "Essential employee."   The term includes, but is not limited
11   to, an individual employed by a cannabis entity applicant,
12   licensee, permittee or other person authorized to engage in a
13   regulated activity under this act, and determined by the board
14   to be an officer, director, manager or supervisor or an
15   individual otherwise empowered to make discretionary decisions
16   related to the operations and conduct of a cannabis entity
17   license and whose duties are essential to the effective and
18   continual operation of a cannabis entity license as provided
19   under this act and regulations of the board.
20      "Historically impacted community."     A census tract,
21   comparable geographic area or demographic established by the
22   board that has among the highest rates of arrest, conviction and
23   incarceration related to cannabis or has historical economic
24   disinvestment, poverty and negative health outcomes caused by
25   cannabis use and enforcement.
26      "Immature cannabis plant."     A cannabis plant that is not in
27   the cannabis flowering stage.
28      "Indirect cannabis business."     A business that is not a
29   cannabis entity that provides goods or services ancillary to the
30   cultivating, processing, transporting or selling of cannabis,

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 1   cannabis flower or cannabis products.
 2      "Industrial hemp."     As defined in 3 Pa.C.S. § 702 (relating
 3   to definitions).
 4      "Justice-involved individual."         An individual who has a
 5   cannabis arrest or a cannabis conviction that is eligible for
 6   expungement or a vacated sentence under this act.
 7      "Labor peace agreement."     An agreement between a cannabis
 8   entity and a bona fide labor organization that seeks to
 9   represent employees which:
10          (1)     Requires that the cannabis entity and the bona fide
11      labor organization and its members agree to the uninterrupted
12      delivery of services and to refrain from actions intended to
13      or having the effect of interrupting such services; and
14          (2)     Includes any other terms agreed to by the parties,
15      which may relate to, but need not be limited to:
16                (i)    alternate procedures related to recognizing the
17          bona fide labor organization for bargaining purposes;
18                (ii)    public statements;
19                (iii)    workplace access; and
20                (iv)    the provision of employee contract information.
21          (3)     Begins at the time of invocation by a bona fide
22      labor organization and not at the point of ratification.
23      "Low-dose cannabis."     Cannabis flower with no more than 10%
24   total THC or a cannabis product in food or beverage form that is
25   a single serving with no more than 2.5 milligrams of total THC
26   per serving.
27      "Medical Marijuana Act."     The act of April 17, 2016 (P.L.84,
28   No.16), known as the Medical Marijuana Act.
29      "Member of an impacted family."         A parent, legal guardian,
30   legal ward, child, spouse or dependent of a justice-involved

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 1   individual.
 2      "Municipality."    A city, borough, incorporated town or
 3   township.
 4      "On-site consumption premises."        The area of on-site
 5   consumption licensee approved by the board for on-site
 6   consumption by individuals 21 years of age or older of cannabis
 7   flower and cannabis products.
 8      "Other paraphernalia."    Any device, equipment, product or
 9   materials which is used, intended for use or designed for use in
10   planting, propagating, cultivating, growing, harvesting,
11   composting, compounding, converting, producing, processing,
12   preparing, testing, analyzing, packaging, repackaging or storing
13   cannabis.
14      "Permittee."    A person that holds a permit approved by the
15   board to engage in a regulated activity under this act.
16      "Person."    A natural person, corporation, foundation,
17   organization, business trust, estate, limited liability company,
18   partnership, limited liability partnership, association or any
19   other form of legal business entity as defined under 42 Pa.C.S.
20   § 8368.2 (relating to definitions).
21      "Personal amount of cannabis."        The following:
22          (1)     The equivalent of 42.524 grams or less of cannabis
23      flower.
24          (2)     5 grams or less of cannabis concentrate.
25          (3)     any amount of cannabis product other than cannabis
26      concentrate that contains, in the aggregate, no more than 500
27      milligrams of total THC.
28          (4)     An equivalent amount of a combination of cannabis
29      flower, cannabis concentrate and cannabis product.
30      "Personal use."    The acquisition or possession of cannabis

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 1   flower or a cannabis product for use by an individual if there
 2   is no evidence of an intent to:
 3          (1)    sell or facilitate the sale of the cannabis flower
 4      or cannabis product; or
 5          (2)    distribute, transfer or facilitate the distribution
 6      or transfer of the cannabis flower or cannabis product to an
 7      individual not lawfully permitted to possess cannabis
 8      product.
 9      "Pesticide."   The following apply:
10          (1)    A substance or mixture of substances intended for
11      preventing, destroying, repelling or mitigating any pest, and
12      a substance or mixture of substances intended for use as a
13      plant regulator, defoliant or desiccant.
14          (2)    The term shall not include any substance that is a
15      "new animal drug" under section 201(v) of the Federal Food,
16      Drug and Cosmetic Act (52 Stat. 1040, 21 U.S.C. § 301 et
17      seq.), or that has been determined by the United States
18      Secretary of Health and Human Services not to be a new animal
19      drug by a regulation establishing conditions of use.
20          (3)    The term shall not include "animal feed" under
21      section 201(w) of the Federal Food, Drug and Cosmetic Act.
22      "Principal."
23          (1)    An officer, director or other person who directly
24      holds a beneficial interest in or ownership of the securities
25      of an applicant for a cannabis entity license.
26          (2)    A person who has a controlling interest in an
27      applicant for a cannabis entity license or a cannabis entity
28      licensee or has the ability to elect a majority of the board
29      of directors of an a cannabis entity licensee or to otherwise
30      control a cannabis entity licensee, lender or other licensed

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 1      financial institution of an applicant for a cannabis entity
 2      license or a cannabis entity licensee, other than a bank or
 3      lending institution, which makes a loan or holds a mortgage
 4      or other lien acquired in the ordinary course of business,
 5      underwriter of an applicant for a cannabis entity license or
 6      a cannabis entity licensee or other person or employee of an
 7      applicant for a cannabis entity license or a cannabis entity
 8      licensee deemed to be a principal by the board.
 9      "Private residence."    A home or dwelling that is owned,
10   rented or occupied by an individual, family or group as a
11   personal domicile.
12      "Process."   The processing, extracting, compounding,
13   conversion or any other necessary activity to make cannabis into
14   cannabis products.
15      "Processed hemp."    Industrial hemp that has been processed to
16   a total THC concentration greater than:
17          (1)   0.3%; or
18          (2)   one half milligram per serving or individual product
19      unit, and 2 milligrams per package for products sold in
20      multiple servings or units.
21      "Regulated activity."    An activity authorized under this act
22   or by the board related to the cultivation, processing,
23   transportation, testing or sale of cannabis, cannabis flower,
24   cannabis products or cannabis paraphernalia for which a person
25   would be required to obtain a license, permit, registration,
26   certification or other authorization from the board as provided
27   under this act and regulations of the board.
28      "Secure facility or area."     A room, greenhouse, building or
29   other enclosed area or outdoor space used to cultivate, process,
30   store, transport, deliver or sell cannabis, cannabis flower and

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 1   cannabis products which is equipped with locks or other security
 2   devices and which is accessible only by the board, the bureau,
 3   the Department of Revenue, the Department of Agriculture or
 4   designated employees and by principles and employees of a
 5   cannabis entity or other persons authorized under this act or by
 6   the board.
 7      "Social and economic equity applicant."     An applicant for a
 8   license, permit or other authorization to engage in a regulated
 9   activity under this act that has a household annual income below
10   200% of the Area Median Income in their county of residence and
11   meets either of the following criteria:
12          (1)    Is comprised of at least 65% ownership and control
13      by one or more individuals who:
14                (i)    are justice-involved individuals; or
15                (ii)    are members of an impacted family.
16          (2)    Is comprised of at least 65% ownership and control
17      by one or more individuals who for at least 5 of the
18      preceding 10 years resided in or otherwise was a member of a
19      historically impacted community.
20      "THC."    A delta-9 tetrahydrocannabinol and any structural,
21   optical or geometric isomers of tetrahydrocannabinol, including
22   delta-7, delta-8 and delta-10 tetrahydrocannabinol,
23   tetrahydrocannabinolic acid, tetrahydrocannabiphorol,
24   hexaydrocannabinol and any other substance that the board
25   determines has hallucinogenic or intoxicating effects on the
26   mind or body, however derived or manufactured, including
27   substances derived or manufactured synthetically or from
28   industrial hemp or industrial hemp materials. The board shall
29   determine, in consultation with the Department of Agriculture
30   and the Attorney General, the other substances having similar

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 1   effects.
 2      "Total THC."    The sum, after the application of any necessary
 3   conversion factor, of the percentage by weight of THC.
 4                                 CHAPTER 2
 5                           REGULATION OF CANNABIS
 6   Section 201.    Regulation and treatment of cannabis.
 7      Subject to the provisions of this act, the following acts,
 8   devices and products are deemed lawful:
 9          (1)     The regulation of cannabis by the board as provided
10      in this act.
11          (2)     The cultivation of cannabis by cannabis cultivators.
12          (3)     The processing of cannabis by cannabis processors.
13          (4)     The sale to cannabis consumers of cannabis flower,
14      cannabis products and cannabis paraphernalia by cannabis
15      stores.
16          (5)     The sale to home cultivation permittees of cannabis
17      seeds by cannabis stores.
18          (6)     The sale of cannabis paraphernalia by a cannabis
19      paraphernalia permittee.
20          (7)     The purchase, possession, consumption, display or
21      transport of a personal amount of cannabis by a cannabis
22      consumer.
23          (8)     The purchase, possession and use of cannabis
24      paraphernalia by an individual 21 years of age or older.
25          (9)     The purchase, possession and use of other
26      paraphernalia by a person in a manner authorized by this act.
27          (10)     The home cultivation of two immature cannabis
28      plants and two mature cannabis plants by a home cultivation
29      permittee.
30          (11)     Leasing or otherwise allowing the use of property

20250HB1200PN1578                    - 18 -
 1      owned, occupied or controlled by any person engaging in a
 2      regulated activity as authorized under this act.
 3   Section 202.     Exemption from criminal or civil penalties in
 4                  other acts.
 5      The following acts shall not be an offense under the
 6   Controlled Substance Act, 18 Pa.C.S. (relating to crimes and
 7   offenses) or any other provision of law or regulation, including
 8   any ordinance, law or regulation of a municipality, and may not
 9   be used as a basis for the seizure or forfeiture of assets under
10   42 Pa.C.S. §§ 5803 (relating to asset forfeiture), 5805
11   (relating to forfeiture procedure), 5806 (relating to motion for
12   return of property), 5807 (relating to restrictions on use),
13   5807.1 (relating to prohibition on adoptive seizures) and 5808
14   (relating to exceptions):
15            (1)   The acts deemed lawful under section 201.
16            (2)   The possession of a personal amount of cannabis.
17            (3)   The sharing for immediate use or transfer of a
18      personal amount of cannabis between cannabis consumers, but
19      not sale or exchange for any pecuniary gain or material
20      benefit.
21            (4)   The cultivation, processing, delivery, transport,
22      display, sale or testing of cannabis, cannabis flower or
23      cannabis products or sale of cannabis paraphernalia by a
24      person licensed, permitted, registered or certified under
25      this act to engage in one or more of these activities in a
26      manner allowed by this act.
27   Section 202.1.     Discrimination prohibited.
28      (a)   Employment.--
29            (1)   An individual may not be subject to penalty in any
30      manner, or be denied any right or privilege, including, but

20250HB1200PN1578                    - 19 -
 1    not limited to, disciplinary action by an occupational or
 2    professional licensing board or bureau solely for conduct
 3    allowed under this chapter when conducted outside of the
 4    workplace and work hours.
 5        (2)   It is unlawful for an employer to discriminate
 6    against an individual in hiring, terminating or any term or
 7    condition of employment, or otherwise penalizing an
 8    individual, if the discrimination is based upon any of the
 9    following:
10              (i)    The individual's use of cannabis flower or
11        cannabis products outside of the workplace and work
12        hours.
13              (ii)    An employer-required drug screening test that
14        has found the person to have cannabis metabolites in
15        their hair, blood, urine or other bodily fluids.
16        (3)   This subsection shall not preempt Federal laws
17    requiring applicants or employees to be tested for controlled
18    substances, including Federal laws and regulations requiring
19    applicants or employees to be tested or the manner in which
20    they are tested, as a condition of employment, receiving
21    Federal funding or Federal licensing-related benefits or
22    entering into a Federal contract.
23        (4)   Nothing in this subsection shall:
24              (i)    Be construed to:
25                     (A)   Prohibit an employer from adopting
26              reasonable drug-free workplace policies or employment
27              policies prohibiting smoking, consuming, storing or
28              using cannabis flower or cannabis products in the
29              workplace or while on call if the policies are
30              applied in a nondiscriminatory manner and are

20250HB1200PN1578                    - 20 -
 1                  disclosed to employees.
 2                         (B)   Require an employer to permit an employee to
 3                  be under the influence of cannabis or use of cannabis
 4                  flower or cannabis products in the employer's
 5                  workplace or while performing the employee's job
 6                  duties or while on call.
 7                  (ii)    Limit or prevent an employer from disciplining
 8            an employee or terminating employment of an employee for
 9            violating an employer's employment policies or workplace
10            drug policy if the policies were disclosed to the
11            employee.
12      (b)   General protections.--
13            (1)   Except as provided in this section, the Commonwealth
14      or any political subdivision may not impose a penalty or deny
15      a benefit or entitlement for conduct allowed under this
16      chapter.
17            (2)   Except as provided in subsection (a)(3) and (4), the
18      Commonwealth or any political subdivisions may not deny a
19      driver's license, an occupational or professional license,
20      housing assistance, social services or other benefits based
21      on cannabis use allowed under this act.
22      (c)   Custody.--An individual's lawful purchase, possession or
23   consumption of cannabis flower or a cannabis product shall not
24   be the sole basis for denying custody of or visitation with a
25   minor, unless the individual's behavior as a result of the
26   purchase, possession or consumption of the cannabis flower or
27   cannabis products creates an unreasonable danger to the minor
28   that can be clearly articulated and substantiated.
29      (d)   Condition of parole and probation.--The Department of
30   Corrections and county offices of probation may not prohibit an

20250HB1200PN1578                        - 21 -
 1   individual's use of cannabis flower or cannabis products or any
 2   other conduct allowed under this act unless, after
 3   individualized consideration, it has been shown by clear and
 4   convincing evidence that inclusion of the prohibition as a
 5   condition of supervision is reasonably related to the underlying
 6   crime. An individual under parole or probation shall not be
 7   punished or otherwise penalized for lawful conduct under this
 8   act unless the terms and conditions of the parole or probation
 9   prohibit an individual's cannabis use or any other conduct
10   otherwise allowed under this act.
11      (e)   Child welfare.--The presence of a cannabinoid or
12   cannabis metabolites in an individual's hair, blood, urine or
13   other bodily fluids, possession of cannabis paraphernalia,
14   conduct related to the use of cannabis flower or cannabis
15   products or the participation in cannabis-related activities
16   authorized under this act by a custodial or noncustodial parent,
17   grandparent, legal guardian, foster parent or other individual
18   charged with the well-being of a child, may be considered but
19   not form the sole, primary or supporting basis for an action or
20   proceeding by a child welfare agency or juvenile court. Unless
21   the individual's actions in relation to cannabis create an
22   unreasonable danger to the health or safety of the child or
23   otherwise show the individual is not competent as established by
24   clear and convincing evidence, the prohibition under this
25   subsection shall include any of the following:
26            (1)   An adverse finding, evidence or restriction of a
27      right or privilege in a proceeding related to the adoption of
28      a child.
29            (2)   A fitness determination or a determination related
30      to a foster parent, guardianship, conservatorship or

20250HB1200PN1578                    - 22 -
 1      trusteeship.
 2      (f)   Medical care.--For the purpose of receiving medical
 3   care, including an organ transplant, an individual's use of
 4   cannabis flower or cannabis products under this chapter shall
 5   not constitute the use of an illicit substance or otherwise
 6   disqualify an individual from receiving medical care.
 7      (g)   Firearms possession.--An individual may not be
 8   prohibited or otherwise restricted from lawful firearm ownership
 9   solely for using cannabis flower or cannabis products or
10   engaging in a regulated activity. The Pennsylvania State Police
11   shall take measures to revise firearms applications or take
12   other necessary actions to ensure compliance with this
13   subsection.
14   Section 203.     Home cultivation.
15      (a)   Permit.--Notwithstanding any provision of the Medical
16   Marijuana Act, the Controlled Substance Act, or any other law or
17   regulation to the contrary, if granted a home cultivation permit
18   under subsection (c), an individual who is a resident of this
19   Commonwealth and 21 years of age or older may cultivate,
20   process or otherwise possess up to two mature cannabis plants
21   and two immature cannabis plants for use by the home cultivation
22   permit holder without holding a cannabis cultivator license or
23   cannabis processor license under this act.
24      (b)   Limitations and prohibitions.--
25            (1)   Home cultivation of cannabis authorized under this
26      section:
27                  (i)    Must take place in an enclosed and secure space,
28            room or area within the individual's private residence or
29            on the grounds of the individual's private residence.
30                  (ii)   Must be cultivated from cannabis seeds

20250HB1200PN1578                       - 23 -
 1          purchased from a cannabis store, which may not be given
 2          or sold to any other person.
 3                (iii)   May not be stored or placed in a location or
 4          otherwise positioned inside or on the grounds of the
 5          individual's private residence in a manner which would
 6          subject the cannabis plants to ordinary public view.
 7                (iv)    May be prohibited by an owner, lessee or other
 8          person in lawful possession of the private residence.
 9          (2)   An individual holding a home cultivation permit
10    shall take reasonable precautions to ensure that the cannabis
11    plants are secure from unauthorized access, including
12    unauthorized access by an individual under 21 years of age.
13          (3)   Home cultivation under this section may only occur
14    in a residential property or on the grounds of a residential
15    property with the consent of the owner, lessee or other
16    person in lawful possession of the residential property.
17          (4)   A private residence, including a private home, unit
18    in a tenement building, apartment or condominium unit, which
19    is not divided into multiple dwelling units may not contain
20    more than two mature cannabis plants and two immature
21    cannabis plants at any one time.
22          (5)   Cannabis plants may only be maintained, tended and
23    used by an individual who holds a valid home cultivation
24    permit issued by the board under this section and may not be
25    given or transferred to any other person.
26    (c)   Home cultivation permit.--
27          (1)   An individual under this subsection may apply to the
28    board for a home cultivation permit in the form and manner as
29    the board shall prescribe in regulation.
30          (2)   An application for a home cultivation permit may be

20250HB1200PN1578                     - 24 -
 1      submitted to the board electronically. The following apply:
 2                  (i)    An application for a home cultivation permit
 3            shall be accompanied by a $100 fee.
 4                  (ii)    A home cultivation permit shall be renewed
 5            annually upon approval of the board and payment of a $100
 6            renewal fee.
 7      (d)   Penalties.--An individual who violates this section
 8   shall:
 9            (1)   Be assessed a civil penalty of:
10                  (i)    Not more than $500 for a first offense.
11                  (ii)    Not more than $1,000 for a second offense.
12                  (iii)    Not more than $5,000 for a third or subsequent
13            offense and be subject to revocation of the individual's
14            home cultivation permit.
15            (2)   Be subject to the applicable provisions of the
16      Controlled Substance Act related to possession, possession
17      with intent to deliver or possession with intent to
18      distribute.
19   Section 204.     Unauthorized acts.
20      (a)   Prohibitions.--The following acts are prohibited:
21            (1)   The purchase, possession or consumption or attempt
22      thereto of any amount of cannabis seeds, cannabis flower or
23      cannabis products by an individual under 21 years of age.
24            (2)   An individual under 21 years of age knowingly and
25      falsely representing themselves to be at least 21 years of
26      age to a person for the purpose of purchasing or receiving
27      cannabis seeds, cannabis flower or cannabis products.
28            (3)   Possession by an individual 21 years of age or older
29      of more than a personal amount of cannabis at any one time or
30      possession of cannabis seeds without a valid home cultivation

20250HB1200PN1578                       - 25 -
 1    permit.
 2    (a.1)   Continuation of possession offenses.--
 3          (1)    Prior to the date noticed by the board under section
 4    405(b)(1), no person shall:
 5                 (i)    possess a small amount of marihuana for personal
 6          use;
 7                 (ii)    possess a small amount of marihuana with the
 8          intent to distribute it but not to sell it; or
 9                 (iii)    distribute a small amount of marihuana but not
10          for sale.
11          (2)    For purposes of this subsection:
12                 (i)    Thirty grams of marihuana or eight grams of
13          hashish shall be considered a small amount of marihuana.
14                 (ii)    The term "marihuana" shall have the same
15          meaning as defined in section 2 of the Controlled
16          Substances Act.
17    (b)   Penalties.--
18          (1)    An individual under 21 years of age who violates
19    subsection (a)(1) or (2) commits a summary offense and upon
20    conviction shall:
21                 (i)    for a first offense receive any or all of the
22          following: a written warning, a maximum fine of $25 or be
23          referred to a diversionary program;
24                 (ii)    for a second offense receive a fine of not more
25          than $100 and be referred to a diversionary program; or
26                 (iii)    for third and any subsequent offense receive a
27          fine of not more than $250 and be referred to a
28          diversionary program.
29          (2)    An offense under subsection (a)(1) or (2) or (a.1)
30    shall not be a criminal offense of record, shall not be

20250HB1200PN1578                      - 26 -
 1    reportable as a criminal act and shall not be placed on the
 2    criminal record of the offender and, if the offender is a
 3    minor, shall not constitute a delinquent act under 42 Pa.C.S.
 4    Ch. 63 (relating to juvenile matters). However, a record of
 5    participation in a diversionary program under subsection (b)
 6    shall be maintained by the court, not for public view, for
 7    the purposes of imposing penalties for subsequent offenses.
 8        (3)   If an individual is charged with violating
 9    subsection (a)(1) or (2), the court may admit the offender to
10    the adjudication alternative program as authorized in 42
11    Pa.C.S. § 1520 (relating to adjudication alternative program)
12    or any other preadjudication disposition.
13        (4)   The following shall apply to an individual who
14    violates a provision of subsection (a)(3):
15              (i)    If the amount possessed is more than a personal
16        amount of cannabis but not more than two times that
17        amount, the individual may be assessed a civil penalty of
18        not more than $250 per incident.
19              (ii)    If the amount possessed is more than two times
20        a personal amount of cannabis but not more than three
21        times that amount, the individual may be assessed a civil
22        penalty of not more than $500 per incident.
23              (iii)   If the amount possessed is more than three
24        times a personal amount of cannabis, but not more than
25        ten times that amount, the individual commits a
26        misdemeanor of the third degree.
27              (iv)    If the amount possessed is more than ten times
28        a personal amount of cannabis, commits a misdemeanor of
29        the second degree.
30        (5)   An individual that violates subsection (a.1) commits

20250HB1200PN1578                   - 27 -
 1      a summary offense and shall pay a fine of $250.
 2      (c)   Sale of cannabis offenses.--The sale and the possession
 3   with intent to sell an amount of cannabis seed, cannabis flower
 4   or cannabis product by a person that is not authorized to do so
 5   under this act is prohibited. A person not authorized to sell or
 6   possess with intent to distribute or sell:
 7            (1)   Cannabis seeds commits a misdemeanor of the third
 8      degree.
 9            (2)   A personal amount of cannabis flower or cannabis
10      product commits misdemeanor of the third degree.
11            (3)   An amount of cannabis flower or cannabis product
12      exceeding a personal amount but less than the amounts
13      punishable under 18 Pa.C.S. § 7508 (relating to drug
14      trafficking sentencing and penalties), commits a misdemeanor
15      of the second degree.
16            (4)   For purposes of this subsection, the term "sell"
17      shall mean the transfer from one person to another for
18      pecuniary gain or material benefit.
19      (d)   Cultivation and processing offenses.--The cultivation or
20   processing of cannabis or cannabis product by a person that is
21   not authorized to do so under this act is prohibited. The
22   following apply:
23            (1)   A person not authorized to cultivate:
24                  (i)    That cultivates fewer than five cannabis plants
25            commits a misdemeanor of the third degree.
26                  (ii)   That cultivates at least five cannabis plants
27            but less than 10 commits a misdemeanor of the second
28            degree.
29            (2)   A person that processes cannabis into a cannabis
30      product commits a misdemeanor of the second degree.

20250HB1200PN1578                       - 28 -
 1    (e)   Smoking or consumption.--
 2          (1)   An individual may not smoke or otherwise consume
 3    cannabis flower or cannabis products:
 4                (i)    In a public space.
 5                (ii)    If prohibited under the act of June 13, 2008
 6          (P.L.182, No.27), known as the Clean Indoor Air Act, or
 7          any other law enacted or regulation adopted relating to
 8          vaping or the use of electronic cigarettes or electronic
 9          cannabis smoking devices in public or an indoor public
10          place or portion of the public place, notwithstanding if
11          the smoking of tobacco or vaping is otherwise allowed in
12          the public place or portion of the public place under the
13          Clean Indoor Air Act.
14          (2)   Notwithstanding 68 Pa.C.S. (relating to real and
15    personal property) or any other provision of law or
16    regulation, the consumption of cannabis flower or cannabis
17    products may be allowed by a person that owns or controls a
18    lodging establishment as defined in 48 Pa.C.S. § 1311(g)
19    (relating to hotelkeepers and campground owners) in up to 20%
20    of the lodging establishment's guest rooms.
21          (3)   The smoking of cannabis flower or cannabis products
22    may be prohibited or otherwise regulated in a tenement
23    building, apartment or multiple dwelling premises as those
24    terms are defined in the act of April 6, 1951 (P.L.69,
25    No.20), known as The Landlord and Tenant Act of 1951, if the
26    prohibition to smoke cannabis flower or use cannabis products
27    is included in the lease agreement between the lessee and the
28    person that owns or controls the tenement building, apartment
29    or multiple dwelling premises.
30          (4)   An individual who violates paragraph (1) shall be

20250HB1200PN1578                     - 29 -
 1      assessed a civil penalty of not more than:
 2                  (i)    $100 for a first offense.
 3                  (ii)    $200 for a second or subsequent offense.
 4            (5)   As used in this subsection, the term "public space"
 5      means a street, alley, park, sidewalk, a vehicle in or upon a
 6      street, alley, park or parking area or any other place to
 7      which the public is invited.
 8      (f)   Violations of the Controlled Substance Act.--The sale,
 9   distribution, manufacture or possession with intent to
10   distribute an amount of cannabis flower or a cannabis product
11   punishable under 18 Pa.C.S. § 7508 or other provision of law
12   providing for a mandatory minimum term of imprisonment or
13   subject to a sentence enhancement shall be a violation of the
14   Controlled Substance Act and subject the person to prosecution
15   as if the person sold or distributed the cannabis flower or
16   cannabis product in violation of the Controlled Substance Act.
17      (g)   Additional unauthorized activities and civil
18   penalties.--
19            (1)   In addition to any other penalty provided by Federal
20      or State law, a person not authorized by the board that
21      cultivates, processes, delivers, transports, sells or
22      displays for sale cannabis, cannabis flower, cannabis
23      products or cannabis paraphernalia shall be subject to a
24      civil penalty not to exceed $10,000 for each offense. Each
25      day a person engages in unauthorized activity under this
26      paragraph shall constitute a separate offense.
27            (2)   The Attorney General, the board, a State or local
28      law enforcement agency or a local government unit may
29      investigate an unauthorized activity under paragraph (1) and
30      engage in enforcement measures, including entering into an

20250HB1200PN1578                       - 30 -
 1      intergovernmental agreement to prevent the conduct of an
 2      unauthorized activity under paragraph (1).
 3            (3)   In addition to any other penalty provided by Federal
 4      or State law, upon the conduct of a third or subsequent
 5      unauthorized activity under paragraph (1), a local government
 6      unit may suspend or revoke the business license of the person
 7      who engaged in the unauthorized activity.
 8            (4)   A violation of paragraph (1) is an unfair or
 9      deceptive act or practice under the act of December 17, 1968
10      (P.L.1224, No.387), known as the Unfair Trade Practices and
11      Consumer Protection Law. Remedies, penalties and authority
12      granted to the Attorney General under the Unfair Trade
13      Practices and Consumer Protection Law shall be available for
14      the enforcement of this act.
15            (5)   In addition to the authority granted to the Attorney
16      General under this subsection, any business or consumer
17      injured by a violation of paragraph (1) may bring an action
18      to enjoin a business selling, cultivating, manufacturing,
19      distributing or possessing cannabis, cannabis flower,
20      cannabis products or cannabis paraphernalia without a license
21      or permit and to recover actual damages sustained. A court
22      shall enter judgment in an amount equal to three times actual
23      damages and shall have discretion to award punitive damages
24      in an amount commensurate with actual damages. The court
25      shall award attorney fees and costs to the prevailing party.
26      (h)   Payment of civil penalties and fines.--For a civil
27   penalty, penalty, cost or fine issued under this chapter, if the
28   board or the court, as defined in 42 Pa.C.S. § 102 (relating to
29   definitions), determines that the person violating Chapter 2 is
30   without the financial means to pay the civil penalties,

20250HB1200PN1578                    - 31 -
 1   penalties, costs or fines immediately or in a single remittance,
 2   the board or the court may provide for payment in installments
 3   or, in the case of civil penalties, penalties, costs or fines,
 4   reduce or waive the civil penalties, penalties, costs or fines.
 5   In determining the appropriate installments, reduction or
 6   waiver, the court shall consider the person's financial
 7   resources, the person's ability to make restitution and
 8   reparations and the nature of the burden the payment will impose
 9   on the person violating Chapter 2.
10   Section 205.   Presumption.
11      (a)   No violation.--Except as provided under subsection (b),
12   the presence of cannabis in an individual's blood or a
13   metabolite of cannabis in an individual's blood without proof of
14   impairment to the individual's ability to safely drive, operate
15   or be in actual physical control of the movement of a vehicle
16   shall not constitute a violation under 75 Pa.C.S. Ch. 38
17   (relating to driving after imbibing alcohol or utilizing drugs).
18      (b)   Commercial license.--Subsection (a) does not apply to an
19   individual holding a commercial driver's license.
20   Section 206.   Charges pending on effective date.
21      (a)   Notice.--If, upon the effective date of this section,
22   charges are pending alleging a violation of the Controlled
23   Substance Act for which the controlled substance is cannabis and
24   no notice of mandatory minimum has been filed, the attorney for
25   the Commonwealth shall within 30 days provide notice of the
26   Commonwealth's intention to seek a mandatory minimum period of
27   incarceration or aver that the Commonwealth has probable cause
28   to believe the alleged conduct will be subject to a sentencing
29   enhancement, and if no notice is provided or averment made, the
30   charge alleging the violation shall be withdrawn or dismissed.

20250HB1200PN1578                  - 32 -
 1      (b)   Dismissal.--Unless the prosecution of the matter is
 2   disposed of by plea or by an available alternative disposition
 3   program, if the finder of fact fails to find the facts necessary
 4   to support the imposition of a mandatory minimum sentence or
 5   sentencing enhancement were proven beyond a reasonable doubt,
 6   the corresponding charge shall be dismissed and no sentence may
 7   be imposed for the offense.
 8   Section 207.    Charges brought under the Controlled Substances
 9               Act.
10      (a)   Sentence enhancement.--Notwithstanding any other
11   provision of law or court rule or regulation to the contrary, no
12   violation of the Controlled Substance Act where the controlled
13   substance is cannabis shall be charged unless, prior to filing,
14   an attorney for the Commonwealth in the county where the offense
15   allegedly occurred avers it is the intention of the Commonwealth
16   to pursue a mandatory minimum period of incarceration under
17   State law for the offense or that the attorney believes probable
18   cause exists to believe that the conduct alleged to be a
19   violation of the Controlled Substance Act may, upon conviction,
20   subject the person charged to a sentencing enhancement at the
21   time of sentence.
22      (b)   Withdrawal.--If, at the time of formal arraignment, the
23   attorney for the Commonwealth does not file notice of the
24   Commonwealth's intent to seek a mandatory minimum sentence along
25   with the information or the maximum penalty under law listed on
26   the information does not allow for the sentencing enhancement,
27   the corresponding charge alleging a violation of the Controlled
28   Substance Act shall be withdraw by the Commonwealth or dismissed
29   by the court.
30      (c)   Dismissal.--Unless the prosecution of the matter is

20250HB1200PN1578                   - 33 -
 1   disposed of by plea or by an available alternative disposition
 2   p

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