Pennsylvania Statewide Rule
Pennsylvania Medical Marijuana Dispensary Setback Standards
Key Facts
- School setback
- 1,000 feet
- Permit issuer
- PA Department of Health
- Local bans
- Generally not permitted
- Code
- 28 Pa. Code Ch. 1141
Summary
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.
(2) A dispensary may not operate on the same site as a facility used for growing and processing medical marijuana. (3) A dispensary may not be located within 1,000 feet of the property line of a public, private or parochial school or a day-care center. (4) A dispensary may sell medical devices and instruments which are needed to administer medical marijuana under this act.
Full Breakdown
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.
Violations & Penalties
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.
Frequently Asked Questions
Can a Pennsylvania town zone medical marijuana dispensaries to a single district?
Does Pennsylvania allow waivers of the 1,000-foot school setback?
Sources
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