Understanding the evolving state laws that govern its use
Having a medical marijuana card allows people to seek a treatment that for decades they could have been arrested for, and to some extent, still can today.
According to state law, there are still some constraints on citizens possessing and using medical marijuana.
These constraints include how the marijuana is consumed and contained as well as limitations on driving, all of which come with penalties for those who violate the rules.
The Pennsylvania Medical Marijuana Act was signed into law in 2016; however, the law came with a moderator, known as the Medical Marijuana Advisory Board, to help guide changes and amendments moving forward.One of the biggest changes came in August 2018, when plant-based and dry leaf medical marijuana became available to the public. Before its addition, patients could only use marijuana in the form of pills, oils, topical forms, vaporization, tincture and liquid.“We recommend that medical marijuana patients talk with their doctor or the medical professional at the dispensary to see if the dry-leaf form of medical marijuana is an option for them,” said Maggi Barton, a spokeswoman for the Pennsylvania Department of Health.On June 30, other changes that had been temporarily instated by the advisory board also became permanent.Some of these changes included allowing remote access for patients, allowing for patients to have 90-days' worth of medical marijuana at a time instead of a 30-day supply and allowing for curbside pickups, among many others.While medical marijuana legislation is changing, one rule remains: medical marijuana card holders are prevented by law from smoking the plant.“Patients aren't allowed to smoke the plant material, but instead are supposed to use a vaporizer or a battery-powered electronic device,” Barton said.This among other rules may be confusing to some users, and some are finding themselves in trouble with the law, regardless of whether they carry the card.
There are several ways in which people are running into legal issues, but chief among them is driving while using medical marijuana, according to Trooper Josh Black, the public information officer for state police Troop D in Butler.“They can still be charged with a DUI,” Black said. “It still does impair you.”Black compared medical marijuana use to using prescription pain killers. He said in the same way you shouldn't operate heavy machinery while using opioid pain relievers, sleeping pills or muscle relaxants, you shouldn't use any form of marijuana and drive.According to the National Institute on Drug Abuse, “marijuana significantly impairs judgment, motor coordination and reaction time, and studies have found a direct relationship between blood THC concentration and impaired driving ability.”Black said he recommends treating medical marijuana just like you would the pills in the bottle.“The best thing is once you get it from your distributor, take it home,” he said. “Put it in the medicine cabinet and take it when you need it.”For those who don't follow this type of procedure, there are also lesser offenses based on their handling and ingestion of marijuana.Since patients are still not supposed to smoke marijuana, people can be charged for pipes and other forms of paraphernalia associated with the act.Black said another is the packaging. He said regardless of having a card, people can't have their medical marijuana in a sandwich baggie or any other type of container other than the one the dispensary gave them.“It's very similar to regular prescriptions you receive from your doctor,” he said. “It has to be prescribed to you. No one else can be in possession of it, and it has to be in the packaging the person received it from the distributor.”
There are many small intricate details to follow when using medical marijuana, and it may be difficult for some to understand or remember all of the rules.Some dispensaries, such as the Healing Center in Cranberry Township, are attempting to keep their patients up-to-date on the rules. Chris Kohan, co-founder of the Healing Center, said that was part of his goal when they began the business.“At the heart of that plan is safety,” Kohan said. “Our dispensaries are managed by pharmacists and our security is law enforcement.”Employees at the Healing Center said they try to educate every person the first time they fill a prescription there or look into medical marijuana.“They will help you select a treatment plan as well as provide you with product recommendations based on your medical conditions, experience and choice of route for administration,” said Dr. Alina Teplitskaya, director of retail operations.Teplitskaya said these conversations also involve discussing safety and practices, such as consumption and packaging requirements.The Healing Center partners with Agri-Kind for its inventory of medicinal marijuana. Jon Cohn, the grower's founder, said the company's packaging meets the standards set by Pennsylvania law.“We utilize only fully opaque, child-resistant and tamper-proof packaging that is fully labeled with the top 10 cannabinoids and top 10 terpene contents by product,” Cohn said.
While dispensaries may be doing their best to inform patients, Black said he recommends that patients take responsibility for their own education too.They can do so by familiarizing themselves with current legislation and rules from the state Department of Health, which provides oversight. More information can be found online at www.health.pa.gov.“Read up on it. Know the law, and stay current with it,” Black said. “It does seem like this stuff always does change.”Black said it's also best to avoid situations in which misunderstandings can occur, and he said the easiest way to do that is by not having medical marijuana in your vehicle when it's not necessary.He said it's also easier if people keep medical marijuana in its prescribed container; otherwise, it could look like the illegal form purchased on the street.“There's no need to put it in another container or have it in your car,” he said.Black also said a medical marijuana card will not save you if you're driving impaired.“If there's the probable cause to pull someone over, and there's the suspicion they're under the influence, they can still be charged with a DUI,” he said.
