HB 1773 — An Act amending the act of April 12, 1951 (P.L.90, No.21), known as the Liquor Code, providing for adult use cannabis; imposing certain gross receipts tax and excise tax; and making repeals.

PRINTER'S NO.   2181

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 1773
                                                  Session of
                                                    2025

     INTRODUCED BY DELLOSO, WAXMAN, PIELLI, ISAACSON, HILL-EVANS,
        PROBST, HOHENSTEIN AND SANCHEZ, JULY 29, 2025

     REFERRED TO COMMITTEE ON HEALTH, AUGUST 4, 2025


                                     AN ACT
 1   Amending the act of April 12, 1951 (P.L.90, No.21), entitled "An
 2      act relating to alcoholic liquors, alcohol and malt and
 3      brewed beverages; amending, revising, consolidating and
 4      changing the laws relating thereto; regulating and
 5      restricting the manufacture, purchase, sale, possession,
 6      consumption, importation, transportation, furnishing, holding
 7      in bond, holding in storage, traffic in and use of alcoholic
 8      liquors, alcohol and malt and brewed beverages and the
 9      persons engaged or employed therein; defining the powers and
10      duties of the Pennsylvania Liquor Control Board; providing
11      for the establishment and operation of State liquor stores,
12      for the payment of certain license fees to the respective
13      municipalities and townships, for the abatement of certain
14      nuisances and, in certain cases, for search and seizure
15      without warrant; prescribing penalties and forfeitures;
16      providing for local option, and repealing existing laws,"
17      providing for adult use cannabis; imposing certain gross
18      receipts tax and excise tax; and making repeals.
19      The General Assembly of the Commonwealth of Pennsylvania
20   hereby enacts as follows:
21      Section 1.    The act of April 12, 1951 (P.L.90, No.21), known
22   as the Liquor Code, is amended by adding an article to read:
23                               ARTICLE VIII-A
24                            ADULT USE CANNABIS
25   Section 801-A.    Purpose, findings and declarations.
26      (a)   Findings and declarations.--In the interest of the
 1   efficient use of law enforcement resources, enhancing revenue
 2   for public purposes and individual freedom, the people of this
 3   Commonwealth find and declare that the use of cannabis should be
 4   legal for individuals who are at least 21 years of age and
 5   should be taxed.
 6      (b)   Additional findings and declarations.--In the interest
 7   of the health and public safety of our citizenry, the people of
 8   this Commonwealth further find and declare that cannabis should
 9   be regulated in a manner similar to alcohol so that:
10            (1)   individuals will have to show proof of age before
11      purchasing cannabis;
12            (2)   selling, distributing or transferring cannabis to
13      minors and other individuals under 21 years of age shall
14      remain illegal;
15            (3)   driving under the influence of cannabis shall remain
16      illegal;
17            (4)   legitimate, State-operated stores and not criminal
18      actors will conduct sales of cannabis; and
19            (5)   cannabis sold in this Commonwealth will be labeled
20      and subject to additional regulations to ensure that
21      consumers are informed and protected.
22      (c)   Industrial hemp.--In the interest of enacting rational
23   policies for the treatment of all variations of the cannabis
24   plant, the people of this Commonwealth further find and declare
25   that industrial hemp should be regulated separately from strains
26   of cannabis with higher delta-9 tetrahydrocannabinol (THC)
27   concentrations.
28      (d)   Matters of Statewide concern.--The people of this
29   Commonwealth further find and declare that it is necessary to
30   ensure consistency and fairness in the application of this

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 1   article throughout this Commonwealth and that, therefore, the
 2   matters addressed by this article are, except as specified in
 3   this article, matters of Statewide concern.
 4   Section 802-A.   Definitions.
 5      The following words and phrases when used in this article
 6   shall have the meanings given to them in this section unless the
 7   context clearly indicates otherwise:
 8      "Adult use cannabis."   Cannabis ingested for any reason other
 9   than medical purposes.
10      "Cannabis."   The plant of the genus cannabis whether growing
11   or not, the parts and seeds thereof, the resin extracted from
12   any part of the plant and every compound, manufacture, salt,
13   derivative, mixture or preparation of the plant, and the plant's
14   seeds or resin, including cannabis concentrate. The term does
15   not include industrial hemp or fiber produced from the stalks,
16   oil or cake made from the seeds of the plant, sterilized seed of
17   the plant that is incapable of germination or the weight of
18   another ingredient combined with cannabis to prepare topical or
19   oral administrations, food, drink or other product.
20      "Cannabis accessories."      Equipment, products or materials
21   that are used, intended or designed for use in planting,
22   propagating, cultivating, growing, harvesting, composting,
23   manufacturing, compounding, converting, producing, processing,
24   preparing, testing, analyzing, packaging, repackaging, storing,
25   vaporizing or containing cannabis or for ingesting, inhaling or
26   otherwise introducing cannabis into the human body.
27      "Cannabis cultivation facility."      An entity licensed to
28   cultivate, prepare and package cannabis and sell cannabis to a
29   retail cannabis store, cannabis product manufacturing facility
30   and other cannabis cultivation facility, but not to a consumer.

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 1      "Cannabis establishment."     A cannabis cultivation facility, a
 2   cannabis testing facility and a cannabis product manufacturing
 3   facility.
 4      "Cannabis product."    A concentrated cannabis product and a
 5   cannabis product that is comprised of cannabis and other
 6   ingredients and is intended for use or consumption, including as
 7   an edible product, ointment or tincture.
 8      "Cannabis product manufacturing facility."     An entity
 9   licensed to:
10            (1)   purchase cannabis;
11            (2)   manufacture, prepare and package cannabis products;
12      and
13            (3)   sell cannabis and cannabis products to other
14      cannabis product manufacturing facilities and retail cannabis
15      stores, but not to a consumer.
16      "Cannabis testing facility."     An entity licensed to analyze
17   and certify the safety and potency of cannabis.
18      "Consumer."    An individual who is at least 21 years of age
19   and purchases cannabis or cannabis products for personal use and
20   not for resale to others.
21      "Industrial hemp."    The plant of the genus cannabis and any
22   part of the plant, whether growing or not, with a delta-9
23   tetrahydrocannabinol concentration (THC) that does not exceed
24   0.03% on a dry-weight basis.
25      "Locality."    A county, municipality or city of this
26   Commonwealth.
27      "Pennsylvania farm."     An agricultural business incorporated
28   as a sole proprietorship, partnership, limited liability company
29   or Pennsylvania S corporation that operates an area of land and
30   building used for growing crops and rearing animals.

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 1      "Retail cannabis store."      A retail establishment operated by
 2   the board as provided under section 805-A.
 3   Section 803-A.      Personal use of cannabis.
 4      Notwithstanding any other provision of law, the following
 5   acts are not unlawful and are not an offense under the laws of
 6   this Commonwealth or the law of a locality within this
 7   Commonwealth or a basis for seizure or forfeiture of an asset
 8   under Commonwealth law for an individual who is at least 21
 9   years of age:
10          (1)   Possessing, using, displaying, purchasing or
11      transporting cannabis accessories or cannabis.
12          (2)   (i)     Possessing, growing, processing or transporting
13          not more than six cannabis plants, including mature,
14          flowering plants.
15                (ii)    Possessing the cannabis produced by the plants
16          under subparagraph (i) on the premises where the plants
17          were grown, if the growing takes place in an enclosed,
18          locked space and is not conducted openly or publicly, and
19          the cannabis is not made available for sale.
20          (3)   Transferring of one ounce or less of cannabis
21      without remuneration to an individual who is at least 21
22      years of age.
23          (4)   Consuming cannabis, provided that nothing in this
24      section shall be construed to permit consumption that is
25      conducted openly and publicly or in a manner that endangers
26      others.
27          (5)   Assisting another individual who is at least 21
28      years of age in an act described in paragraph (1), (2), (3)
29      or (4).
30   Section 804-A.      Lawful operation of cannabis-related facilities.

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 1      The following acts are not unlawful and are not an offense
 2   under the laws of this Commonwealth or a basis for seizure or
 3   forfeiture of an asset under Commonwealth law for an individual
 4   who is at least 21 years of age:
 5          (1)   Manufacture, possession or purchase of a cannabis
 6      accessory or the sale of a cannabis accessory to an
 7      individual who is at least 21 years of age.
 8          (2)   Any of the following:
 9                (i)    Possessing, displaying or transporting cannabis
10          or a cannabis product.
11                (ii)    Purchasing cannabis from a cannabis cultivation
12          facility.
13                (iii)    Purchasing cannabis or a cannabis product from
14          a cannabis product manufacturing facility.
15                (iv)    Selling cannabis or a cannabis product to a
16          consumer, if:
17                       (A)   the individual conducting the activity
18                described in this paragraph acts in the capacity of
19                an employee or agent of a retail cannabis store or
20                the board; and
21                       (B)   the retail cannabis store utilizes a
22                transaction scan device to verify the age of any
23                individual who appears to be less than 35 years of
24                age before making a sale of cannabis products.
25          (3)   Any of the following:
26                (i)    Cultivating, harvesting, processing, packaging,
27          transporting, displaying or possessing cannabis.
28                (ii)    Delivering or transferring cannabis to a
29          cannabis testing facility.
30                (iii)    Selling cannabis to a cannabis cultivation

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 1        facility, a cannabis product manufacturing facility or a
 2        retail cannabis store.
 3              (iv)    Purchasing cannabis from a cannabis cultivation
 4        facility, if the person conducting the activity described
 5        in this paragraph has obtained a current, valid license
 6        to operate a cannabis cultivation facility or acts in the
 7        capacity of an owner, employee or agent of a licensed
 8        cannabis cultivation facility.
 9        (4)   Any of the following:
10              (i)    Packaging, processing, transporting,
11        manufacturing, displaying or possessing cannabis or
12        cannabis products.
13              (ii)    Delivering or transferring cannabis or a
14        cannabis product to a cannabis testing facility.
15              (iii)    Selling cannabis or a cannabis product to a
16        retail cannabis store or a cannabis product manufacturing
17        facility.
18              (iv)    Purchasing cannabis from a cannabis cultivation
19        facility.
20              (v)    Purchasing cannabis or a cannabis product from a
21        cannabis product manufacturing facility, if the
22        individual conducting the activities described in this
23        paragraph has obtained a current, valid license to
24        operate a cannabis product manufacturing facility or acts
25        in the capacity of an owner, employee or agent of a
26        licensed cannabis product manufacturing facility.
27        (5)   Possessing, cultivating, processing, repackaging,
28    storing, transporting, displaying, transferring or delivering
29    cannabis or cannabis products, if the person has obtained a
30    current, valid license to operate a cannabis testing facility

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 1      or acts in the capacity of an owner, employee or agent of a
 2      licensed cannabis testing facility.
 3          (6)   Leasing or otherwise allowing the use of property
 4      owned, occupied or controlled by a person, corporation or
 5      other entity for an activity conducted lawfully in accordance
 6      with paragraph (1), (2), (3), (4) or (5).
 7   Section 805-A.      General powers of board.
 8      In addition to sections 207 and 208, the board has the
 9   following powers and duties:
10          (1)   Buy, import or have in the board's possession for
11      sale, and sell cannabis and cannabis products in the manner
12      provided in this article, provided the purchases are made
13      subject to the approval of the State Treasurer or the State
14      Treasurer's designated deputy. The board shall buy cannabis
15      and cannabis products at the lowest price and in the greatest
16      variety reasonably obtainable.
17          (2)   Control the manufacture, possession, sale,
18      consumption, importation, use, storage, transportation and
19      delivery of cannabis and cannabis products in accordance with
20      the provisions of this act and fix the wholesale and retail
21      prices at which cannabis and cannabis products may be sold at
22      retail cannabis stores, as follows:
23                (i)    Prices must be proportional with prices paid by
24          the board to the board's suppliers and reflect any
25          advantage obtained through volume purchases by the board.
26                (ii)    The board may establish a preferential price
27          structure for cannabis produced within this Commonwealth
28          for the promotion of the cannabis.
29                (iii)    The board may not purchase cannabis or a
30          cannabis product that is produced in a state, territory

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 1        or country prohibiting the importation of cannabis or a
 2        cannabis product that is produced in this Commonwealth.
 3        (3)    Determine the municipalities within which retail
 4    cannabis stores shall be established and the locations of the
 5    stores within the municipalities.
 6        (4)    Through the Department of General Services as the
 7    board's agent, lease, furnish and equip buildings, rooms and
 8    other accommodations as required for the operation of this
 9    article.
10        (5)    Appoint, fix the compensation and define the powers
11    and duties of the managers, officers, inspectors, examiners,
12    clerks and other employees as required for the operation of
13    this article, subject to the provisions of the act of April
14    9, 1929 (P.L.177, No.175), known as The Administrative Code
15    of 1929, and 71 Pa.C.S. Pt. III (relating to civil service
16    reform).
17        (6)    Determine the nature, form and capacity of the
18    packages and original containers to be used for containing
19    cannabis and cannabis products.
20        (7)    Perform any other act deemed necessary or advisable
21    for the purpose of carrying into effect this article and the
22    regulations promulgated under this article.
23        (8)    Periodically promulgate regulations that are
24    consistent with this article as the board may deem necessary
25    for the efficient administration of this article. The board
26    shall publish regulations throughout this Commonwealth in the
27    manner the board deems necessary and advisable or as may be
28    provided by law.
29        (9)    By regulation, provide for the use of a computerized
30    referral system to assist consumers in locating special items

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 1      at retail cannabis stores and for the use of electronic
 2      transfer of funds and credit cards for the purchase of
 3      cannabis and cannabis products at retail cannabis stores.
 4            (10)    Issue grants to various entities for cannabis
 5      education and prevention efforts.
 6   Section 806-A.     Regulation of cannabis.
 7      (a)   Regulations.--Not later than two years after the
 8   effective date of this subsection, the board shall adopt
 9   regulations necessary for implementation of this article. The
10   regulations may not prohibit the operation of a cannabis
11   establishment, either expressly or through a regulation that
12   makes the operation unreasonably impracticable. The regulations
13   shall include:
14            (1)    Procedures for the issuance, renewal, suspension and
15      revocation of a license to operate a cannabis establishment.
16            (2)    A schedule of application and licensing fees,
17      including an annual $700 license renewal surcharge, provided
18      that an application fee may not exceed $5,000 with the upper
19      limit adjusted annually for inflation, unless the board
20      determines a greater fee is necessary to carry out the
21      board's responsibilities under this section.
22            (3)    Qualifications for licensure that are directly and
23      demonstrably related to the operation of a cannabis
24      establishment.
25            (4)    Security requirements for a cannabis establishment.
26            (5)    Requirements to prevent the sale or diversion of
27      cannabis and a cannabis product to an individual who is less
28      than 21 years of age.
29            (6)    Labeling requirements for cannabis and a cannabis
30      product sold or distributed by a cannabis establishment.

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 1            (7)   Health and safety regulations and standards for the
 2      manufacture of a cannabis product and the cultivation of
 3      cannabis.
 4            (8)   Restrictions on the advertising and display of
 5      cannabis and a cannabis product.
 6            (9)   Civil penalties for the failure to comply with
 7      regulations promulgated under this section.
 8      (b)   Individual privacy.--Notwithstanding subsection (a), the
 9   board may not require a consumer to provide a retail cannabis
10   store with personal information other than government-issued
11   identification to determine the consumer's age, and a retail
12   cannabis store may not be required to acquire and record
13   personal information about a consumer other than information
14   typically acquired in a financial transaction conducted at a
15   retail liquor store.
16      (c)   Taxation of adult use cannabis and cannabis products.--
17            (1)   A gross receipts tax is imposed on the gross
18      receipts of a cannabis cultivation facility received from the
19      sale of adult use cannabis or cannabis products by a cannabis
20      cultivation facility to another cannabis cultivation
21      facility, cannabis product manufacturing facility or retail
22      cannabis store, to be paid by the cannabis cultivation
23      facility at the rate of 10%. The tax shall be charged against
24      and be paid by the cannabis cultivation facility and shall
25      not be added as a separate charge or line item on any sales
26      slip, invoice, receipt or other statement or memorandum of
27      the price paid.
28            (2)   The tax under paragraph (1) shall not be levied on a
29      cannabis cultivation facility that partners with a
30      Pennsylvania farm to grow or process cannabis for the

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 1      cannabis cultivation facility.
 2            (3)   An excise tax is imposed at the point of sale of
 3      adult use cannabis or cannabis products at the rate of 19%. A
 4      person required to collect the tax shall clearly provide
 5      notice of the assessment of the tax to the consumer through
 6      advertising or separate listing on a sales receipt or
 7      invoice.
 8            (4)   The taxes imposed under this subsection shall be
 9      administered in the same manner as the tax imposed under
10      Article XI of the act of March 4, 1971 (P.L.6, No.2), known
11      as the Tax Reform Code of 1971, except that estimated tax
12      payments under section 3003.2 of the Tax Reform Code of 1971
13      shall not be required. A cannabis cultivation facility shall
14      make quarterly payments under this section for each calendar
15      quarter at the rate prescribed in this subsection on the
16      gross receipts for the calendar quarter. The tax shall be due
17      and payable on the 20th day of January, April, July and
18      October for the preceding calendar quarter on a form
19      prescribed by the Department of Revenue.
20            (5)   The Department of Revenue shall deposit 100% of all
21      money received from the tax imposed under this subsection
22      into the General Fund.
23      (d)   Locality.--A locality shall enact an ordinance or
24   regulation:
25            (1)   Specifying the entity within the locality that is
26      responsible for processing applications submitted for a
27      license to operate a cannabis establishment within the
28      boundaries of the locality.
29            (2)   For the issuance of licenses should the issuance by
30      the locality become necessary because of:

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 1                  (i)    a failure by the board to adopt regulations
 2            under subsection (a); or
 3                  (ii)    a failure by the board to process and issue
 4            licenses as required by subsection (f).
 5      (e)   Ordinance or regulation.--A locality may enact an
 6   ordinance or regulation, not in conflict with this section or
 7   with a regulation promulgated under this section, which:
 8            (1)   Governs the time, place, manner and number of
 9      cannabis establishment operations.
10            (2)   Establishes procedures for the issuance, suspension
11      and revocation of a license issued by the locality.
12            (3)   Establishes a schedule of annual operating,
13      licensing and application fees for cannabis establishments,
14      provided the application fees are only due if applications
15      are submitted to a locality and a licensing fee is only due
16      if a license is issued by a locality.
17            (4)   Establishes civil penalties for violation of an
18      ordinance or regulation governing the time, place and manner
19      of a cannabis establishment that may operate in the locality.
20      (f)   License application.--Each application for an annual
21   license to operate a cannabis establishment must be submitted to
22   the board. The board shall:
23            (1)   Accept and process applications beginning on the
24      date that occurs three months after the promulgation of the
25      regulations in accordance with section 806-A(a).
26            (2)   Immediately forward a copy of an application and
27      half of the license application fee to the locality in which
28      the applicant desires to operate the cannabis establishment.
29            (3)   Issue an annual license to the applicant between 45
30      and 90 days after receipt of an application, unless the board

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 1    finds the applicant is not in compliance with regulations
 2    enacted under subsection (a) or the board is notified by the
 3    relevant locality that the applicant is not in compliance
 4    with ordinances and regulations in effect at the time of
 5    application. If a locality enacted a limit on the number of
 6    cannabis establishments in the locality and a greater number
 7    of applicants seek licenses in the locality, the board shall
 8    solicit and consider input from the locality as to the
 9    locality's preference or preferences for licensure.
10          (4)   Upon denial of an application, notify the applicant
11    in writing of the specific reason for the denial.
12    (g)   Resubmission of application to locality.--
13          (1)   If the board does not issue a license to an
14    applicant within 90 days of receipt of the application filed
15    and does not notify the applicant of the specific reason for
16    the denial, in writing and within the time period, the
17    applicant may resubmit the application directly to the
18    locality, and the locality may issue an annual license to the
19    applicant.
20          (2)   A locality issuing a license to an applicant shall
21    do so no later than 90 days after receipt of the resubmitted
22    application unless the locality finds and notifies the
23    applicant that the applicant is not in compliance with
24    ordinances and regulations in effect at the time the
25    application is resubmitted, and the locality shall notify the
26    board if an annual license has been issued to the applicant.
27          (3)   If an application is submitted to a locality under
28    this subsection, the board shall forward to the locality the
29    application fee paid by the applicant to the board upon
30    request by the locality.

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 1            (4)   A license issued by a locality in accordance with
 2      this subsection has the same force and effect as a license
 3      issued by the board, and the holder of the license is not
 4      subject to regulation or enforcement by the board during the
 5      term of the license.
 6            (5)   A subsequent or renewed license may be issued under
 7      this subsection on an annual basis only upon resubmission to
 8      the locality of a new application submitted to the board.
 9            (6)   This subsection shall not be construed to limit the
10      relief available to an aggrieved party.
11   Section 807-A.    Diversity goals.
12      (a)   Goals.--It is the intent and goal of the General
13   Assembly that the board promote diversity and the participation
14   by diverse groups in the activities authorized under this
15   article. In order to further this goal, the board shall adopt
16   and implement policies to ensure that:
17            (1)   Diverse groups are accorded equal opportunity in the
18      licensing process.
19            (2)   Licensees promote the participation of diverse
20      groups in operations by affording equal access to employment
21      opportunities.
22      (b)   Duties of board.--To facilitate participation by diverse
23   groups in the activities authorized under this article, the
24   board shall:
25            (1)   Conduct necessary and appropriate outreach,
26      including, if necessary, consulting with other Commonwealth
27      agencies to identify diverse groups who may qualify for
28      participation in activities under this article.
29            (2)   Provide sufficient and continuous notice of the
30      participation opportunities afforded under this article by

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 1      publishing notice on the board's publicly accessible Internet
 2      website.
 3            (3)   Include in the applications for license under this
 4      article language to encourage applicants to utilize and give
 5      consideration to diverse groups for contracting or
 6      professional services opportunities.
 7      (c)     Reports.--No later than the first March 1 that occurs at
 8   least eight months after the promulgation of the regulations in
 9   accordance with section 806-A(a), and each March 1 thereafter,
10   the board shall submit a report to the chairperson and minority
11   chairperson of the Law and Justice Committee of the Senate and
12   the chairperson and minority chairperson of the Liquor Control
13   Committee of the House of Representatives summarizing the
14   participation and utilization of diverse groups in the
15   activities authorized under this article. The report shall
16   include:
17            (1)   The participation level, by percentage, of diverse
18      groups in the activities authorized under this article.
19            (2)   A summary of how diverse groups are utilized by
20      licensees, including in the provision of goods or services.
21            (3)   Any other information the board deems appropriate.
22      (d)     Definitions.--The following words and phrases when used
23   in this section shall have the meanings given to them in this
24   subsection unless the context clearly indicates otherwise:
25      "Disadvantaged business."     As defined in 74 Pa.C.S. § 303(b)
26   (relating to diverse business participation).
27      "Diverse group."    A disadvantaged business, minority-owned
28   business, women-owned business, service-disabled veteran-owned
29   small business or veteran-owned small business that has been
30   certified by a third-party certifying organization.

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 1      "Minority-owned business."      As defined in 74 Pa.C.S. §
 2   303(b).
 3      "Service-disabled veteran-owned small business."       As defined
 4   in 51 Pa.C.S. § 9601 (relating to definitions).
 5      "Third-party certifying organization."       As defined in 74
 6   Pa.C.S. § 303(b).
 7      "Veteran-owned small business."        As defined in 51 Pa.C.S. §
 8   9601.
 9      "Women-owned business."     As defined in 74 Pa.C.S. § 303(b).
10   Section 808-A.     Cannabis clean slate.
11      (a)    Expungement authorized.--A person who has been arrested
12   for, charged with or convicted under section 13(a)(31) of the
13   act of April 14, 1972 (P.L.233, No.64), known as The Controlled
14   Substance, Drug, Device and Cosmetic Act, shall have the
15   person's criminal history related to the criminal proceeding
16   expunged in accordance with subsection (b).
17      (b)    Expungement process.--
18             (1)   The Administrative Office of Pennsylvania Courts
19      shall, no later than six months after the effective date of
20      this section, transmit to the Pennsylvania State Police
21      central repository all records related to an arrest or
22      conviction under subsection (a) for expungement.
23             (2)   If the Pennsylvania State Police determines a record
24      transmitted under paragraph (1) is not eligible for
25      expungement, the Pennsylvania State Police shall notify the
26      Administrative Office of Pennsylvania Courts of the
27      determination no later than 30 days after receiving the
28      information.
29             (3)   Upon expiration of the 30-day period, the
30      Administrative Office of Pennsylvania Courts shall provide to

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 1      the court of common pleas in which the arrest or adjudication
 2      occurred a list of all records eligible for expungement.
 3            (4)   No later than 30 days after receiving the list, the
 4      court of common pleas shall order the expungement of all
 5      criminal history records received under this section and all
 6      administrative records of the Department of Transportation
 7      relating to the criminal history records received under this
 8      section.
 9      (c)   Release of inmates.--A court of common pleas that has
10   received an expungement order for a person currently
11   incarcerated for the crime for which the court received the
12   expungement order shall transmit to the appropriate county
13   correctional institution or State correctional institution, as
14   defined under 61 Pa.C.S. § 102 (relating to definitions), an
15   order for the immediate release or discharge of the person whose
16   record has been ordered to be expunged.
17      (d)   Motor vehicle operation privileges.--The Bureau of Motor
18   Vehicles shall reinstate a person's suspended or revoked motor
19   vehicle operation privileges that were suspended or revoked as a
20   result of a person's conviction that has been expunged under
21   this section.
22      (e)   Reinstatement of license or registration.--A license or
23   registration that has been suspended or revoked under section 23
24   of The Controlled Substance, Drug, Device and Cosmetic Act due
25   to an arrest or conviction that has been expunged under this
26   section shall be reinstated.
27   Section 809-A.    Employment provisions.
28      (a)   Cannabis in workplace.--An employer shall not be
29   required to permit or accommodate the use, consumption,
30   possession, transfer, display, transportation, sale or growing

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 1   of cannabis in the workplace.
 2      (b)   Random drug tests.--A random drug test showing the mere
 3   presence of a nonintoxicating level of cannabis may not be the
 4   basis of the termination of employment or any other disciplinary
 5   action against the employee.
 6      (c)   Construction.--Nothing in this article shall be
 7   construed to affect the ability of an employer to adopt and
 8   enforce policies restricting the use of cannabis by employees in
 9   the workplace.
10      Section 2.        Repeals are as follows:
11            The General Assembly declares that the repeals under this
12      section are necessary to effectuate the addition of Article
13      VIII-A of the act:
14                  (i)    Section 4(1)(iii)16 and (iv) of the act of April
15            14, 1972 (P.L.233, No.64), known as The Controlled
16            Substance, Drug, Device and Cosmetic Act, are repealed.
17                  (ii)    Section 13(a)(30) and (31) of The Controlled
18            Substance, Drug, Device and Cosmetic Act are repealed
19            insofar as they are inconsistent with Article VIII-A of
20            the act.
21                  (iii)    All acts and parts of acts are repealed
22            insofar as they are inconsistent with this act.
23      Section 3.        This act shall take effect as follows:
24            (1)   The addition of sections 801-A, 802-A and 806-A(a)
25      of the act shall take effect immediately.
26            (2)   This section shall take effect immediately.
27            (3)   The remainder of this act shall take effect upon the
28      promulgation of the regulations in accordance with section
29      806-A(a) of the act.



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