Section 802. Facility requirements.
(a) General rule.--
(1) A dispensary may dispense medical marijuana in an indoor, enclosed, secure facility located within this Commonwealth or in accordance with a curbside delivery protocol as determined by the department. ((1) amended June 30, 2021, P.L.210, No.44)
(1.1) For the purposes of paragraph (1), a dispensary shall maintain continuous video surveillance. The dispensary is required to retain the recordings onsite or offsite for a period of no less than 180 days, unless otherwise required for investigative or litigation purposes. ((1.1) added June 30, 2021, P.L.210, No.44)
(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.
(5) A dispensary may sell services approved by the department related to the use of medical marijuana.
(b) Adjustment or waiver of prohibition.--The department may amend a prohibition under subsection (a)(3) if it is shown by clear and convincing evidence that the amendment is necessary to provide adequate access to patients. An amendment may include additional security, physical plant of a facility or other conditions necessary to protect children.