PA: County DA To Continue Following State Laws Regarding Marijuana Possession

Robert Celt

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Schuylkill County District Attorney Christine Holman said she will follow the law in Pennsylvania as it relates to the possession of marijuana.

"I'm for upholding the law," she said Tuesday.

Holman said she is not surprised by a letter from state Sen. Daylin Leach, a proponent of the medical marijuana bill that passed the House and the Senate and was signed by Gov. Tom Wolf on April 17. The bill asks district attorney's in the state to "consider announcing to the public that you will use your prosecutorial discretion to forgo prosecution of any person for possession of marijuana if he or she can demonstrate that he or she is using the marijuana for medical purposes," according to an April 21 letter from Leach to the state's 67 district attorneys.

She said she didn't receive a copy of letter but, considering Leach's support of Senate Bill 3, it makes sense he would continue to advocate.

The letter says regulations must be in place before those eligible for medical marijuana may obtain it in Pennsylvania. The process to do that could take anywhere from 18 months to two years. Meanwhile, those who might benefit from the medical marijuana have some tough decisions to make if they wish to procure the drug, which could include deciding to bring it to the state and risk arrest.

"I don't think Act 16 (the medical marijuana bill) is any different than any other law in Pennsylvania," Holman said.

It "seems to me that he is asking me to circumvent the law. I can't do that," she said.

She understands the law is signed, but it takes time for everything to be worked out.

The legislation spells out how marijuana can be prescribed, who can have access to it in regards to certain medical conditions, penalties and establishes a medical marijuana research program, among other things. The act does not permit the smoking of medical marijuana but permits it is be dispensed in a pill, oil or topical form, such as vaporization or nebulization, tincture or liquid.

The law also says it is not illegal "if a parent or a guardian of a minor under 18 years of age lawfully obtains medical marijuana from another state, territory of the United States or any other country to be administered to the minor."

To purchase medical marijuana in Pennsylvania, the patient must have a serious medical condition or who are terminally ill and meet requirements for medical marijuana. There are 17 serious medical conditions that qualify including HIV, AIDS, cancer, epilepsy and Parkinson's disease. A certification must be issued to the patient. The patient must apply to the state Department of Health for an identification card. Dispensaries will then sell the marijuana.

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News Moderator: Robert Celt 420 MAGAZINE ®
Full Article: PA: County DA To Continue Following State Laws Regarding Marijuana Possession
Author: Amy Marchiano
Photo Credit: 123RF
Website: Republican Herald
 
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