Key Elements Of Pennsylvania's New Medical Marijuana Law

Robert Celt

New Member
Pennsylvania has become the 24th state to legalize a comprehensive medical marijuana program.

Democratic Gov. Tom Wolf signed the bill into law Sunday afternoon surrounded by a jubilant crowd of supporters at the Capitol.

Sen. Daylin Leach, D-Montgomery, the bill's co-sponsor, said "Marijuana is medicine, and it's coming to Pennsylvania."

The bill's drafters say it could take two years to write regulations and get retailers opened. But a provision allows parents to legally administer medical marijuana to their children in the meantime when the bill takes effect in a month.

The bill sets standards for tracking plants, certifying physicians and licensing growers, dispensaries and physicians. Patients could take marijuana in pill, oil, vapor, ointment or liquid form, but would not be able to legally obtain marijuana to smoke or grow.

Major elements of 80-page bill

PATIENTS

Patients must receive a certification from a physician registered with the Department of Health and have a valid identification card issued by the department that includes their name, address and date of birth. A patient must be diagnosed with one of the following 17 conditions: cancer; HIV; AIDS; ALS; Parkinson's disease; multiple sclerosis; damage to the nervous tissue of the spinal cord with objective neurological indication of intractable spasticity; epilepsy: inflammatory bowel disease; neuropathies; Huntington's disease; Crohn's disease; post-traumatic stress disorder; intractable seizures; glaucoma; sickle cell anemia; autism; neuropathic pain; or severe chronic or intractable pain that is untreatable.

USE

Medical marijuana may only be dispensed as a pill, oil, tincture or liquid; in a topical form, such as a gel, cream or ointment; or in a form medically appropriate for vaporization or nebulization. Patients wouldn't be able to legally obtain marijuana in a form they could smoke.

GROWING AND SELLING

The state would license up to 25 growers and processors, and as many as 50 dispensaries, which could each operate three locations. Dispensaries and growers could not be located within 1,000 feet of a school or day care center, although the Department of Health would be able to waive that requirement on a case-by-case basis. Growers, processors and dispensaries would have to meet local zoning laws. Patients would not be allowed to legally grow their own marijuana.

BUYING

A parent or guardian may lawfully obtain medical marijuana from another state or country to be administered to a minor.

REGULATION

The Department of Health would have to write regulations and monitor the growth, transportation, possession, processing, testing and sale of medical marijuana in Pennsylvania. That includes maintaining a database of all patients approved to use it and all caregivers approved to assist in its use. It will develop training courses for medical professionals; approve safety information that dispensaries must provide to patients; create an identification card system for patients and caregivers; and ensure the advertising and marketing of medical marijuana is consistent with federal regulations governing prescription drugs. Caregivers and owners and employees of growers, processors and dispensaries must submit fingerprints for a criminal record background check before getting a permit or identification card.

TRACKING PLANTS

A grower, processor or dispensary must implement an electronic inventory tracking system that is connected to a Department of Health database that electronically tracks all medical marijuana on a daily basis. The system is supposed to track the medical marijuana from seed through the sale to a dispensary and a patient or caregiver, including information from the identification card presented by the patient or caregiver. It also must include daily sales, prices paid and systems to track the recall of defective medical marijuana and plant waste.

TAX

The bill imposes a 5 percent tax on the gross receipts that a grower/processor gets from the sale of medical marijuana to another grower or processor or a dispensary. The sales are exempt from the state sales tax.

FUNDING

The Medical Marijuana Program Fund collects taxes and fees raised from the law. Of the money, 40 percent goes to the Department of Health for its operations and outreach; 30 percent for medical treatment research; 15 percent goes to help medical marijuana patients and caregivers with the costs of background checks, identity cards or purchasing the product; 10 percent to the Department of Drug and Alcohol Programs for drug abuse prevention, counseling and treatment; and 5 percent for local law enforcement grants.

Governor's complete remarks

"I am proud to sign this bill that will provide long overdue medical relief to patients and families who could benefit from this treatment. I applaud members of both parties in the House and Senate who have come together to help patients who have run out of medical options and want to thank the thousands of advocates who have fought tirelessly for this cause," said Wolf. "Since taking office, I have met with patients and families, held roundtables, and urged action on this legislation and it is encouraging that the hard work of these families has resulted in truly historic legislation."

"The signing of this bill, which will improve the quality of life for patients and their families throughout Pennsylvania, shows that Harrisburg can come together to address big challenges on behalf of the people of the commonwealth. In the coming months, I am looking forward to working together with both parties in the House and Senate to address other initiatives that could benefit Pennsylvanians."

The term medical marijuana refers to using the whole unprocessed marijuana plant or its basic extracts to treat a disease or symptom. The marijuana plant contains chemicals that may help treat a range of illnesses or symptoms. Studies have shown that medical marijuana can assist patients suffering from serious medical conditions by alleviating pain and improving their quality of life.

The Pennsylvania Department of Health will begin the process of implementing the state's Medical Marijuana Program. The implementation of the program is expected to take between 18 and 24 months and, when completed, will offer medical marijuana to patients who are under a physician's care for the treatment of a serious medical condition. Patients with serious medical conditions will be able to access medical marijuana with a physician's certification at designated state dispensaries.

The department has started working on temporary regulations in order to meet the six month publishing requirement under the statute and will be meeting with stakeholder groups, medical professionals and consumer groups to develop the application process for patients and caregivers to access medical marijuana. The Department of Health is working aggressively to ensure that these regulations are in place in the shortest time frame possible.

"As the department moves forward with implementation, we want to make sure that we consider a number of factors in placing these dispensaries to ensure that medical marijuana is readily available for patients with serious medical conditions," said Secretary of Health Murphy. "The department will be conducting a full population study that will include the location and number of patients suffering from serious medical conditions and their ability to access public transportation to get to these facilities."

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News Moderator: Robert Celt 420 MAGAZINE ®
Full Article: Key Elements Of Pennsylvania's New Medical Marijuana Law
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