Medical Marijuana?
HARRISBURG — Pennsylvania's medical marijuana law has been on the books for more than two months, but many questions remain about what the state's program will ultimately look like.
Here are some answers to frequently-asked questions about where Pennsylvania's Medical Marijuana Program stands now, and when it could be operational.
QUESTION: What is medical marijuana?
ANSWER: Medical marijuana is the use of the whole, unprocessed marijuana plant or its basic extracts to treat a disease or symptom. Rules and regulations for the use of medical marijuana vary from state to state.
In Pennsylvania, Act 16 of 2016 permits the use of medical marijuana in pill, oil, gel, cream, ointment, tincture, liquid, or vaporizer-appropriate form other than dry leaf or plant material.
Smoking marijuana is not an acceptable medical use in Pennsylvania.
QUESTION: Who can use medical marijuana?
ANSWER: Pennsylvania's law allows for the use of medical marijuana by a patient who is suffering from a serious medical condition and has a physician's certification.
According to the office of Gov. Tom Wolf, that covers a wide variety of conditions including: amyotrophic lateral sclerosis, autism, cancer, Crohn's disease, epilepsy, glaucoma, HIV, AIDS, Huntington's Disease, Inflammatory Bowel Syndrome, intractable seizures, Multiple Sclerosis, Neuropathies, Parkinson's disease, Post-Traumatic Stress Disorder, Sickle Cell Anemia, severe chronic or intractable pain of neuropathic origin, and damage to the nervous tissue of the spinal cord with neurological indication of intractable spasticity.
QUESTION: How do I qualify for medical marijuana?
ANSWER: To buy medical marijuana, patients need to be under the care of a physician registered with the Pennsylvania Department of Health.
That physician must provide a signed certificate to the patient stating they have a serious medical condition, and the patient must then apply to the department for an ID card.
Once the patient receives an ID card, he or she can buy medical marijuana at an authorized dispensary.
QUESTION: Where can I get medical marijuana?
ANSWER: Medical marijuana is not dispensed in Pennsylvania now, and it will likely be some time — 18 to 24 months — before Pennsylvania-based growers and dispensaries have been issued final guidelines from state officials.
QUESTION: Can I get medical marijuana from another state while I wait?
ANSWER: In general, no. However, state officials have made exceptions for some patients, specifically minors who are suffering from serious medical conditions.
The Department of Health issued guidelines for parents, legal guardians, caregivers and spouses to administer medical marijuana in Pennsylvania to minors in their care.
QUESTION: That sounds like me. How does this work?
ANSWER: Parents, legal guardians, caregivers and spouses who want to get medical marijuana for a minor under the age of 18 must complete a background check, have the minor's licensed Pennsylvania doctor fill out a Safe Harbor Letter Physician Form, and provide either guardianship papers, a marriage certificate, or proof of caregiver status.
Once those items are completed, they can begin online application process with the Pennsylvania Department of Health.
If approved by state officials, they will receive a Safe Harbor Letter from the department. This letter serves as approval for Pennsylvania parents, legal guardians, caregivers and spouses to posses and administer medical marijuana to minors under their care, and will be valid until May 17, 2018, or until the minor reaches the age 18, dies, changes physicians, moves to another state. or is cured.
QUESTION: I'm not a minor. Do I really have to wait two years?
ANSWER: Final rules and regulations will likely take up to two years to complete, but the Department of Health intends to issue temporary regulations for the state's Medical Marijuana Program by the end of 2016.
Those regulations will explain the program's operation and will be in place for two years.
So it's possible that medical marijuana will be available in Pennsylvania before a full 24 months from now.
QUESTION: I want to grow and process medical marijuana. What do I need to know?
ANSWER: To grow medical marijuana in Pennsylvania you must complete a state application process, complete a two-hour training course, and submit an application a non-refundable fee of $10,000, a permit fee of $200,000, and proof of $2 million in capital — $500,000 of which must be on deposit in a financial institution.
Applications and guidelines from the department are not yet available.
QUESTION: I want to start a dispensary. What do I need to know?
ANSWER: To start a dispensary you will have to go through a permit application process, complete a two-hour training course, and submit an application with a non-refundable fee of $5,000; a permit fee of $30,000; and proof of $150,000 in capital.
Applications and guidelines from the department are not yet available.
QUESTION: I'm a physician, how do I get involved?
ANSWER: Physicians must become registered to participate in Pennsylvania's Medical Marijuana Program, and applications are not yet available. The Department of Health intends to make physician registration materials available by the end of 2016.
Physicians will be expected to demonstrate that they are qualified to treat serious medical conditions, complete a four-hour course on the medical marijuana program, and have a valid Pennsylvania license to practice medicine.
QUESTION: I still have more questions. Who can I talk to?
ANSWER: You can e-mail state officials at the Department of health at RA-DHMedMarijuana@pa.gov.
Source: Pennsylvania Department of Health
