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PFIONE: 717-783-1610 STATE ETHICS COMMISSION FACSIME: 717-787-0806
TOLL FREE: 1-800-932-0936 FINANCE BUILDING WEBSITE: WWW.etb1cs.pa,goy
613 NORTH STREET, ROOM 309
HARRISBURG, PA 17120-0400
DETERMINATION OF THE COMM ISS10' N
Before: Nicholas A. Colafel'la, Chair
Mark R. Corrigan, Vice Chair
Roger Nick
Melanie DePalma
Michael A. Schwartz
Shelley Y. Simms
I UWAII I N Al ral I 14 •X101A
To the Requester:
Frederick N. Frank, Esquire
Dear Mr. Frank:
This is in response to your letter dated May 18, 2020, by which you requested a
determination from this Commission pursuant to Section 2101.1(d)(1) of the Medical
Marijuana Act, Act 16 of 2016, 35 P.S.
§ 10231.2101.1(d)(1),
ISSUE:
Whether an elected county official (the "County
Official") would be subject to
Section 21 01.1'(a)8b) of the Medical Marijuana Act, 35P.S. § 10231.2,10 1.1 (a)-(b), where:
(1) the County fficial is not involved in any enforcement, regulation or policy
implementation for medical marijuana organizations; and (2) the Couint� Official is not an
ffi ocial of a county that directly receives a distribution of revenue from the Medical
Marijuana Program Fund established in Section 902 of the Medical Marijuana Act, 35 P.S.
1023 1.
902.
11. FACTUAL BASIS FOR DETERMINATION:
On behalf of an unidentified elected county official the "County Official"), you
request a determination from this Commission as to whether the
County fficialwoube
subject to Section 2101,1(a)-(b) of the Medical Marijuana Act, 35 P.S. § 10231.2101.1(a)-
(b). You state that the County Official is not involved in any enforcement,
regulation or
policy implementation for medical marijuana oTranizations. You further state that the
I
Count Official is not an official of a county that directly receives a distribution of revenue
I from Ze Medical Marijuana Program Fund established in Section 902 of the Medical
Marijuana Act, 35 P.S. § 10231.902.
1 This Commission's statutorauthority to issue a determination pursuant to Section 2101.1(d)(1) of the
Medical Marijuana Act, 35 P.S.. § 10231.2101 11%1), is expressly limited to addressing whether a person
I
is subject to Uction 21011,11 (a)-(b) of the Medical arijuana Act, 5 P.S. § 10231.2101. 1 (a)-(b).
Frank, 20-3001
Ue—pternber 30, 2020
Page 2
By letter dated August 24, 2020, you were notified of the date, time and location of
the public meeting at which your request would be considered.
III. DISCUSSION:
It is initially noted that determinations under Section 2101.1(d)(1) of the Medical
MariJuana Act are issued by the State Ethics Commission to the requester based upon
the facts that the requester has submitted. In issuing the determination based upon the
facts that the requester has submitted, this Commission does not engage in an
independent investigation of the facts, nor does it speculate as to facts that have not been
submitted. It is the burden of the requester to truthfully disclose all of the material facts
relevant to the inquiry. Id. A determination only affords a defense to the extent the
requester has truthfully dTisclosed all of the material facts. Id.
Section 2101.1(a)-(b) of the Medical Marijuana Act provides as follows:
Section 2101.1. Financial and employment interests.
(a} Financial interests. —Except as may be provided
for the judiciary by rule or order of the Pennsylvania Supreme
Court, an executive -level public employee, public official or
party officer, or an immediate family member thereof, shall not
intentionally or knowingly hold a financial interest in a medical
marijuana organization or in a holding company, affiliate,
intermediary or subsidiary thereof, while the individual is an
executive -level public employee, public official or party officer
and for one year following termination of the individual's status
as an executive -level public employee, public official or party
officer.
(b) Employment. —Except as may be provided by rule
or order of the Pennsylvania Supreme Court, no executive -
level public employee, public official or party officer, or an
immediate family member thereof, shall be employed by a
medical marijuana organization or by any holding company,
affiliate, intermediary or subsidiary thereof, while the
individual is an executive -level public employee, public official
or party officer and for one year following termination of the
individual's status as an executive -level public employee,
public official or party officer.
35 P.S. § 10231.2101.1(a)-(b).
The restrictions of Section 2101.1(a)-(b) of the Medical Marijuana Act quoted
above involve financial and employment interests and apply to current and former
executive -level public employees, public officials, and party officers, as well as their
immediate family members. Of these categories, the only category that the Commission
needs to consider in the instant matter is the category of only
official."
The Medical Marijuana Act defines the term "public official" as follows:
(e) Definitions. --As used in this section, the following
words and phrases shall have the meanings given to them in
this subsection:
Frank, 20-3001
�ptember 30, 2020
Page 3
"Public official." The term shall include the following:
(1) The Governor, Lieutenant Governor, a member
of the Governor' s cabinet, Treasurer, Auditor General and
Attorney General of the Commonwealth.
(2) A member of the Senate or House of
Representatives of the Commonwealth.
(3) An individual elected or appointed to any office
of a county or municipality that directly receives a distribution
of revenue from the fund.
(4) An individual elected or appointed to a
department, agency, board, commission, authority or other
governmental body not included in paragraph (1), (2) or (3)
that directly receives a distribution of revenue from the fund.
(5) An individual elected or appointed to a
department, agency, board, commission, authority, county,
municipality or other governmental body not included in
paragraph (1), (2) or (3) with discretionary power which may
influence or affect the outcome of an action or decision and
who is involved in the development of regulation or policy
relating to a medical marijuana organization or who is involved
in other matters under this act.
The term does not include a member of a school board
or an individual who held an uncompensated office with a
governmental body prior to January 1, 2017, and who no
longer holds the office as of January 1, 2017.
35 P.S. § 10231.2101.1(e).
The Medical Marijuana Act defines the term "fund" as: "The Medical Marijuana
Program Fund established in section 902 [of the Medical Marijuana Act]." 35 �.S. §
10231.103.
The County Official clearly would not fall within Paragraphs 1 and 2 of the above
definition of the term "public official."
You have factually re resented that the County Official is not an official of a county
that directly receives a distribution of revenue from the Medical Mari uana Program Fund
established in Section 902 of the Medical Marijuana Act, 35 P.S. § 1M1.902. Therefore,
based upon the submitted facts, the County Official would not fall within Paragraph 3 or
Paragraph 4 of the above definition of the term "public official."
The only remaining Paragraph of the definition to consider is Paragraph 5.
Through a straightforward application of Paragraph 5 of the above statutory definition of
the term, "public official," we determine that the County Official would not be subject to
Section 210'1.1(a)-(b) of the Medical Marijuana Act, 35 P.S. § 10231.2101.1(a)-(b),
subject to the conditions that the County Official is not involved in the development of
regulation or policy relating to a medical marijuana organization and is not involved in
other matters under the Medical Marijuana Act.
This determination is limited to addressing whether the County Official would be
subject to the restrictions of Section 2101.1 a -(b) of the Medical Marijuana Act, 35 P.S.
§ 10231.2101.1(a)-(b). Any other question s may not be addressed t as they would be
Frank, 20-3001
member 30, 2020
Page 4
beyond the scope of our limited jurisdiction under Section 2101.1(d)(1) of the Medical
Marijuana Act, 35 P.S. § 10231.2101.1(d)(1).
IV. CONCLUSION: Based upon the submitted facts that the elected county official
Cthe "County Official") on whose behalf you have requested a determination from this
ommission pursuant to Section 2101.1(d)(1) of the Medical Marijuana Act, Act 16 of
2016, 35 P.S. § 10231.2101.1(d)(1): (1) is not involved in any enforcement, regulation or
policy implementation for medical marijuana organizations; and 2) is not an official of a
county that directly receives a distribution of revenue from the Medical Marijuana Program
Fund established in Section 902 of the Medical Marijuana Act, 35 P.S. § 10231.902, it is
the determination of this Commission that the County Official would not be subject to
Section 2101.1(a)-(b) of the Medical Marijuana Act, 35 P.S. § 10231.2101.1(a)-(b),
subjectto the conditions that the County Official is not involved in the development of
regulation or policy relating to a medical marijuana organization and is not involved in
other matters under the Medical Marijuana Act.
A person who relies in good faith on a determination issued by this Commission
as to such person pursuant to Section 2101.1(d)(1) of the Medical Marijuana Act, 35 P.S.
§ 10231.2101.1(d)(1), shall not be subject to any penalty for an action taken in reliance
on the determination, provided that all material facts are accurately set forth in the request
for a determination.
This determination is a public record and will be made available as such.
By the Commission,
Nicholas A. Colafella
Chair