The Pennsylvania Medical Marijuana Act establishes statewide siting rules for dispensaries, including a 1,000-foot setback from schools and daycares, while allowing reasonable local zoning that does not effectively prohibit permitted facilities.
Under 35 P.S. Section 10231.701 and 28 Pa. Code Chapter 1141, dispensaries must be at least 1,000 feet from the property line of a public, private, or parochial school, or a day care center. The Department of Health permits and regulates security, signage, and operating hours. Municipalities may apply standard zoning, but Commonwealth Court decisions have struck down outright bans as inconsistent with the Act. Dispensaries cannot operate without a valid state permit regardless of local approval.
Operating without a state permit, or within the 1,000-foot setback without a waiver, can trigger permit revocation, criminal prosecution, and civil penalties up to $10,000 per violation.
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