Medical Marijuana in Pennsylvania

• Medical Marijuana List Supplement – Under the Medical Marijuana Act, the Pa State Ethics Commission biennially publishes a list of all state, county, municipal, and other government positions that meet the definition of “public official” or “executive-level public employee” as defined under 4 Pa.C.S. § 1512(b) relating to financial and employment interests) of the Gaming Act or the definition of “public official” as set forth in Section 2101.1(e) of the Medical Marijuana Act, 35 P.S. § 10231.2101.1(e). The list published is a supplement to the list that was published at 54 Pa.B. 315 (Jan. 20, 2024). the list supplement lists the following positions that are prohibited from being employed by or having an ownership interest in a medical marijuana enterprise:

  • Jeannette City:
  • Mayor
  • Members of council
  • Chief fiscal officer
  • Police chief
  • City treasurer
  • Fire department chief
  • Code enforcement
  • City solicitor
  •  Intro:
  • The District Attorney of Wayne County, PA, Robert Greene, is a co-plaintiff in a new lawsuit that challenges the Federal Gun Control Act’s prohibition against lawful medical marijuana users from buying firearms. As you may know, Federal law requires that prospective buyers of firearms confirm that they are not an “unlawful user” of “any controlled substance”. The Alcohol, Tobacco, Firearms, and Explosives (ATF) has issued guidance that clarifies that a buyer that lawfully uses medical marijuana under state law is nevertheless an “unlawful user” under federal law. This effectively prohibits firearms sales to medical marijuana users. Greene’s lawsuit challenges ATF’s policy and underlying federal statutes on Second Amendment grounds.
    A copy of Greene’s complaint is attached here.
• December 15, 2023 Pennsylvania Governor Signs Bill To Let Medical Marijuana Growers Sell Directly To Patients, While Also Allowing Dispensaries To Cultivate
• June 29, 2023 Pennsylvania Court Decision
• Pa. Health Dept. Sued Over Cannabis Vape Product Recall
• Recreational weed legalization in Pennsylvania could be Gaining Momentum
• Senator Regan to introduce Adult Use Marijuana Bill
• Support Growing for Legalization and decriminalization of adult use cannabis in PA.
• The Pennsylvania Supreme Court declined to take an appeal in the Mary Cease case.

• On March 25th 2022, three PA departments announced an intention to promulgate news regs related to marijuana:

Program Overview:

On April 17, 2016, Governor Tom Wolf signed Act 16, Pennsylvania’s Medical Marijuana Act, into law. The medical marijuana program, which has received bi-partisan support throughout the state, has been entrusted to the Pennsylvania Department of Health for implementation.

Once operational, Pennsylvania’s medical marijuana program permits approved physicians to recommend medical marijuana for the following serious medical conditions:

• AIDS/HIV
• Amyotrophic lateral sclerosis (ALS)
• Parkinson’s disease.
• Multiple sclerosis.
• Damage to the nervous tissue of the spinal cord with objective neurological indication of intractable spasticity.
• Inflammatory bowel disease.
• Huntington’s disease.
• Crohn’s disease.
• Post-traumatic stress disorder.
• Intractable seizures.
• Sickle cell anemia.
• Severe chronic or intractable pain of neuropathic origin or severe chronic or intractable pain in which conventional therapeutic intervention and opiate therapy is contraindicated or ineffective.
• Autism
• Terminal illness
• Anxiety disorders;
• Cancer, including remission therapy;
• Dyskinetic and spastic movement disorders;
• Epilepsy;
• Glaucoma;
• Neurodegenerative diseases;
• Neuropathies;
• Opioid use disorder for which conventional therapeutic interventions are contraindicated or ineffective, or for which adjunctive therapy is indicated in combination with primary therapeutic interventions;
• Tourette syndrome.

For a full list of research related to the above Pennsylvania-approved conditions, please refer to our conditions and research guide.

The types of medical marijuana currently permitted under Pennsylvania’s law are pills, oils, gels, creams, ointments, tinctures, liquid, and non-whole plant forms for administration through vaporization.  However, the law provides an avenue for the Pennsylvania Department of Health to expand the program into medicinal forms that can be smoked or eaten based on the recommendations of its advisory board.

Growers/Processors and Dispensaries

The Department’s review of dispensary and grower/processor applications is currently underway, and permits are expected to be awarded by June 30, 2017. The Pennsylvania law allows for a total of 25 grower/processor permits and 50 dispensary permits with 3 locations for each dispensary permit.  However, for this initial permitting phase, the Department intends to issue 27 dispensary permits and 12 grower/processor permits as indicated by the map below:

Laboratories

On May 11, 2017, the Pennsylvania Department of Health released applications for laboratories to seek approval to identify, collect, handle, and test medical marijuana for growers/processors and/or the Department.  The Department has not released a due date for medical marijuana laboratory applications, and the law does not limit the number of laboratory approvals by the Department.

Patients and Caregivers

The Department is in the process of developing the process for patients and caregivers to obtain medical marijuana ID cards. In the meantime, patients under the age of 21 may apply to the Department for a Safe Harbor Letter that would protect minor patients and their caregivers who obtain and administer medical marijuana in the Commonwealth.

Additional Benefits for Pennsylvania

In addition to providing medical marijuana as a treatment option, Pennsylvania’s medical marijuana law provides for funding for research institutions to study the use of medical marijuana to treat other serious conditions. In addition to funding for implementation and research, the law further provides revenue to the Department of Drug and Alcohol Programs for drug abuse prevention, counseling and treatment services, as well as to the Pennsylvania Commission on Crime and Delinquency for distribution to local police departments.  The law also establishes an advisory committee that will review these research findings and make recommendations to the legislature and Department for changes to the law and regulations.

Who We Are

Cannabis Law PA is a Harrisburg law firm committed to providing effective and comprehensive guidance to cannabis and cannabis-related businesses.  Located within walking distance of the Pennsylvania State Capitol and Pennsylvania Department of Health, Cannabis Law PA is perfectly positioned to help businesses wishing to enter the Pennsylvania medical marijuana industry or existing businesses impacted by it.

Please contact us for more information about how Cannabis Law PA can help your organization meet its goals while complying with Pennsylvania medical marijuana regulations. We look forward to speaking with you.