Pennsylvania
Regulatory Framework
- Pennsylvania Department of Health (DOH) - Oversees the medical marijuana program. DOH also houses the Medical Marijuana Advisory Board. [1][2] The department is led by the Secretary of Health who is appointed by the governor. [13]
- Pennsylvania Department of Agriculture (PDA) - Licenses and regulates medical marijuana cultivators and processors. [3]
- Pennsylvania Department of Revenue - Collects and manages taxes from medical cannabis sales. [4]
- Department of State - Maintains business records and processes applications. [5]
Legal Status
Market |
Status |
Statute |
Year |
Adult-Use |
Illegal |
Title 35 Chapter 780-113(a)(16) |
1972 [6] |
Medical |
Legal |
Act 16 of 2016 |
2016 [7] |
Track-and-Trace
DOH is currently seeking a new track-and-trace software provider for the medical marijuana program. [8] Previously, MJ Freeway Acquisition Co. was used but faced technical problems. [9]
Licensing
License Type |
Description |
Grower/Processor |
Licenses cultivation and processing facilities. |
Dispensary |
Retail locations that sell medical marijuana products to patients. |
Testing Lab |
Facilities licensed to test medical marijuana for quality and safety. [1] |
Possession Limits
Item |
Possession Limit |
Physician-Certified 90-Day Supply |
Varies by product and doctor's recommendation. [10] |
Medical Cannabis
Patients with a qualifying medical condition can register with the program after getting certified by an approved physician. [^11] Qualifying conditions include, but are not limited to: cancer, epilepsy, glaucoma, chronic pain, PTSD, HIV/AIDS, Multiple Sclerosis, and Parkinson's disease. [10]
Patients can have a designated caregiver to assist them. [12]
Additional Resources
References
- [1] Pennsylvania Department of Health. Medical Marijuana Program. https://www.health.pa.gov/topics/programs/Medical%20Marijuana/Pages/Medical%20Marijuana.aspx (Accessed June 20, 2024).
- [2] Medical Marijuana Advisory Board. Pennsylvania Department of Health. https://www.health.pa.gov/topics/programs/Medical%20Marijuana/Pages/Advisory-Board.aspx (Accessed June 20, 2024).
- [3] Medical Marijuana. Pennsylvania Department of Agriculture. https://www.agriculture.pa.gov/Plants_Land_Water/hemp/Pages/Medical-Marijuana.aspx (Accessed June 20, 2024).
- [4] Medical Marijuana. Pennsylvania Department of Revenue. Tax Types. https://www.revenue.pa.gov/TaxTypes/MedMarijuana/Pages/default.aspx (Accessed June 20, 2024).
- [5] Pennsylvania Department of State. Business Filing Services. https://file.dos.pa.gov/ (Accessed June 20, 2024).
- [6] "35 Pa. Stat. 780-113." Pennsylvania Unconsolidated Statutes. Casetext. https://casetext.com/statute/pennsylvania-statutes/statutes-unconsolidated/title-35-ps-health-and-safety/chapter-6-the-controlled-substance-drug-device-and-cosmetic-act/section-780-113-prohibited-acts-penalties (Accessed June 20, 2024).
- [7] "Part IXa. Medical Marijuana." Pennsylvania Code and Bulletin. https://pacodeandbulletin.gov/Display/pacode?file=/secure/pacode/data/028/partIXatoc.html&d=reduce (Accessed June 20, 2024).
- [8] Department Of Health Selects Vendor For Medical Marijuana Seed-To-Sale Tracking System. Pennsylvania Pressroom. https://www.media.pa.gov/Pages/Health-Details.aspx?newsid=422 (Accessed June 20, 2024)
- [9] S. Wood. Medical marijuana POS software crashes, preventing sales to sick patients in Pennsylvania. The Philadelphia Inquirer. https://www.inquirer.com/business/weed/mjfreeway-crash-medical-marijuana-pennsylvania-department-of-health-patients-no-sales-20190918.html Sept. 18, 2019.
- [10] Pennsylvania Medical Marijuana Law. National Organization for the Reform of Marijuana Laws (NORML). https://norml.org/laws/medical-laws/pennsylvania-medical-marijuana-law/ (Accessed June 20, 2024).
- [11] Medical Marijuana Patient and Caregiver Resources. Pennsylvania Department of Health. https://www.health.pa.gov/topics/programs/Medical%20Marijuana/Pages/Patients.aspx (Accessed June 20, 2024).
- [12] Caregiver FAQs. Pennsylvania Department of Health. https://www.health.pa.gov/topics/programs/Medical%20Marijuana/Pages/Patients.aspx#caregiver (Accessed June 20, 2024).
- [13] Department of Health Executive Leadership. Pennsylvania Department of Health. https://www.pa.gov/en/agencies/health/about-us/leadership.html (Accessed November 11, 2024)