PA: State's New Medical Marijuana Act And Its Impact On Local Municipalities Reviewed

Katelyn Baker

Well-Known Member
Allentown, Pa. - The executive director of the Lehigh Valley Planning Commission Thursday night reviewed the land use implications of Pennsylvania's newly signed Act 16, the Medical Marijuana Act and its effects on the Lehigh Valley's numerous municipalities and the basic criteria for the growing, processing, and distribution of pot in addition to licensing, taxation, and enforcement. According to a memorandum from LVPC Executive Director Becky Bradley released to the planning commission at its monthly meeting last night, on April 17 the state legislature enacted the Medical Marijuana Act which makes pot usage legal by prescription for medicinal purposes. Pennsylvania is the 25th state to legalize marijuana for medical reasons. She added the new state law authorizes "a program of access" and outlines its growth and distribution guidelines and requirements as the pot industry establishes itself in the Commonwealth. The law also has multiple land use and planning implications, noted Bradley, the most important of which is how will municipalities accommodate the new growing, processing, and distribution of the substance because by law they will not be able to prohibit medical marijuana within their borders because Act 16 preempts local zoning provisions.

The growers and dispensaries must also meet the same municipal zoning requirements as other industrial or commercial facilities located in the same zoning district, Bradley said. The LVPC director noted four points that need to be addressed with regard to how new law will affect Pennsylvania now and in the future:

- Communities and the public need to be educated on the new medical marijuana law
- Municipal responsibility to accommodate marijuana organizations as per the law must be conveyed
- Local planning and its associated action must be initiated to meet the new law and the state's municipalities planning code
- Provide a list of resources to local governments and the communities they serve

Bradley summarized the new Act 16 or Medical Marijuana Act which will be administered by the PA Dept. of Health with the following notable points:

-Only patients with specific serious medical conditions will qualify for the legal use of cannabis.
- Pot cannot be smoked, bit must be administered in the form of ointments, pills, creams, liquids, and non-whole plant forms of the substance.
- Only two types of medical marijuana organizations are authorized by law-- growers /processors and dispensaries
- Initially 25 grower licenses will be made available and the pot can only be sold from an authorized dispensary for which initially 50 licenses will be issued
- Based on population and subject to adjustment, three medical marijuana regions will be established in the state. Each dispensary will be permitted to operate up to three locations.
- Since the Lehigh Valley is the state's third largest metropolitan area, it will be qualify for one of the medical marijuana regional assignments.
- Growers can only sell to dispensaries and vice-versa
- Only five combined grower/processor and dispensary locations are allowed statewide
- Dispensaries must have a doctor or pharmacist on staff during all business hours.

Permits for growers/processors require a $200,000 license and $30,000 application fee in addition to the principle having $2 million in capital assets and $500,000 on deposit with a recognized financial institution. Dispensary permits require a $30,000 license and $5,000 application fee and $!50,000 of cash in the bank. Additionally according to Bradley, all applicants must be of good moral character, financially stable, and pass state police and FBI checks. The businesses must also possess surveillance and security systems and install electronic tracking and recordkeeping apparatus for every aspect of its operation. Lastly, all relocations must be approved by the state. Finally, Bradley said her office will be conducting training sessions on the new medical marijuana laws in addition to their application to local zoning and land use efforts. The trainings will begin in the early fall of this year.

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News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: State's New Medical Marijuana Act And Its Impact On Local Municipalities Reviewed By LVPC
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