SB 76 — An Act amending the act of April 17, 2016 (P.L.84, No.16), known as the Medical Marijuana Act, in patients, providing for cultivating cannabis for personal use.

PRINTER'S NO.    32

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                        SENATE BILL
                        No. 76
                                               Session of
                                                 2025

     INTRODUCED BY STREET, LAUGHLIN, BARTOLOTTA, SAVAL, KEARNEY,
        TARTAGLIONE AND KANE, JANUARY 22, 2025

     REFERRED TO LAW AND JUSTICE, JANUARY 22, 2025


                                    AN ACT
 1   Amending the act of April 17, 2016 (P.L.84, No.16), entitled "An
 2      act establishing a medical marijuana program; providing for
 3      patient and caregiver certification and for medical marijuana
 4      organization registration; imposing duties on the Department
 5      of Health; providing for a tax on medical marijuana
 6      organization gross receipts; establishing the Medical
 7      Marijuana Program Fund; establishing the Medical Marijuana
 8      Advisory Board; establishing a medical marijuana research
 9      program; imposing duties on the Department of Corrections,
10      the Department of Education and the Department of Human
11      Services; and providing for academic clinical research
12      centers and for penalties and enforcement," in patients,
13      providing for cultivating cannabis for personal use.
14      The General Assembly of the Commonwealth of Pennsylvania
15   hereby enacts as follows:
16      Section 1.    The act of April 17, 2016 (P.L.84, No.16), known
17   as the Medical Marijuana Act, is amended by adding a section to
18   read:
19   Section 511.    Cultivating cannabis for personal use.
20      A patient who is 21 years of age or older and has been a
21   resident of this Commonwealth for a period of at least 30 days
22   may cultivate cannabis for personal use subject to the
23   following:
 1        (1)   A patient may cultivate up to six cannabis plants,
 2    which may be more than five inches tall, and in a vegetative
 3    or fruiting or flowering phase.
 4        (2)   Cannabis cultivation must take place in an enclosed
 5    and locked space.
 6        (3)   A patient may purchase cannabis seeds from a
 7    dispensary for the purpose of home cultivation. Seeds may not
 8    be given or sold to any other person.
 9        (4)   Cannabis plants may not be stored or placed in a
10    location where the plants are subject to ordinary public
11    view. A patient who cultivates cannabis under this section
12    shall take reasonable precautions to ensure that the plants
13    are secure from unauthorized access, including unauthorized
14    access by an individual under 21 years of age.
15        (5)   Cannabis cultivation may occur only on residential
16    property lawfully in the patient's possession or with the
17    consent of the person in lawful possession of the property.
18    An owner or lessor of residential property may prohibit the
19    cultivation of cannabis by a lessee.
20        (6)   Cannabis plants may only be tended to by:
21              (i)    A patient who resides at the residence, or their
22        authorized agent attending to the residence for brief
23        periods, including when the patient is temporarily away
24        from the residence.
25              (ii)   The caregiver of a patient who is physically
26        unable to tend to the plants.
27        (7)   A patient who cultivates more than the allowable
28    number of cannabis plants, or who sells or gives away
29    cannabis plants, cannabis or cannabis-infused products
30    produced under this section, shall be liable for penalties as

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1     provided by law in addition to loss of home cultivation
2     privileges under this section.
3     Section 2.    This act shall take effect in 60 days.




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