Medical Marijuana in PA

Medical marijuana is legal for qualified patients suffering from terminal illness or other identified diseases or symptoms. Recreational marijuana use continues to be illegal at this time.

Studies have shown that medical marijuana can assist patients suffering from certain serious medical conditions by alleviating pain and improving their quality of life. In April of 2016, Pennsylvania Governor Tom Wolf signed into law a measure to legalize the manufacture and use of medical marijuana for qualified patients. The bill allows the licensing of up to 25 marijuana growers and processors, and up to 50 dispensaries.

Who can obtain medical marijuana?

Qualified patients with a physician’s recommendation must register with the Pennsylvania Department of Health. Once registered, the patient will receive a Pennsylvania medical marijuana identification card, with which, they may purchase medical marijuana from an authorized state-licensed medical marijuana dispensary.

In order to participate, a patient must be a resident of Pennsylvania and be under a physician’s care for the treatment of a serious medical condition.

A “serious medical condition” is defined as any one of the following:

Amyotrophic Lateral Sclerosis
Autism
Cancer
Crohn’s Disease
Damage to the nervous tissue of the spinal cord with objective neurological indication of intractable spasticity
Epilepsy
Glaucoma
HIV (Human Immunodeficiency Virus) / AIDS (Acquired Immune Deficiency Syndrome)
Huntington’s Disease
Inflammatory Bowel Syndrome
Intractable Seizures
Multiple Sclerosis
Neuropathies
Parkinson’s Disease
Post-traumatic Stress Disorder
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
Sickle Cell Anemia
Ulcerative Colitis

The Pennsylvania law has imposed a limit on the type of medical cannabis that is allowed:

Pill
Oil
Topical forms, including gel, creams or ointments
A form medically appropriate for administration by vaporization or nebulization, excluding dry leaf or plant form
Tincture
Liquid

Dispensaries will also be prohibited from selling edibles, but medical marijuana products can be mixed into food or drinks to help patients more easily ingest the cannabis.

Does the Medical Marijuana Program protect against federal prosecution?

No, the Medical Marijuana Program does not protect against federal prosecution. The U.S. Department of Justice (DOJ) has the authority to enforce civil and criminal federal laws relating to marijuana possession and use, regardless of state law. Growing, distributing, and/or possessing marijuana in any capacity, except through a federally-approved research program, is a violation of federal law, and no state or local law provides a legal defense to a violation of federal law. In light of current DOJ guidance, however, it may be unlikely that federal authorities would bring civil enforcement actions or criminal investigations and prosecutions against growers/ processors, dispensaries, physicians, seriously ill individuals or caregivers as long as they are acting pursuant to the Act.