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Summary of Medical Marijuana Act – Act of April 17, 2016, P.L. 84, No 16 Medical Marijuana Program is under the direction of the PA Department of Health. Forms of Approved Medical Marijuana in PA – Section 303 (b)(2) - Medical marijuana may only be dispensed to a patient or caregiver in the following forms: (i) pill; (ii) oil; (iii) topical forms, including gels, creams or ointments; (iv) a form medically appropriate for administration by vaporization or nebulization, excluding dry leaf or plant form until dry leaf or plant forms become acceptable under regulations adopted under section 1202; (v) tincture; or (vi) liquid. Unless otherwise provided in regulations adopted by the department under section 1202, medical marijuana may not be dispensed to a patient or a caregiver in dry leaf or plant form. THC Content in Medical Marijuana under PA law - The law does allow for the medical marijuana to include THC. Many are of the understanding that the medical marijuana has the TCH extracted/not included – this is false. Two parts of the law address the issue of THC content: Section 303 (b)(8) – products packaged by a grower/processor or sold by a dispensary shall only be identified by the name of the grower/processor, the name of the dispensary, the form and species of medical marijuana, the percentage of tetrahydrocannabinol and cannabinol contained in the product and any other labeling required by the department. Section 801 (i)(5) - The amount of individual doses contained within the package and the species and percentage of tetrahydrocannabinol and cannabidiol. Serious Medical Conditions - Section 103 - Medical marijuana may be dispensed to a patient or caregiver for the following conditions deemed to be "Serious medical conditions": (1) Cancer. (2) Positive status for human immunodeficiency virus or acquired immune deficiency syndrome. (3) Amyotrophic lateral sclerosis. (4) Parkinson's disease. (5) Multiple sclerosis. (6) Damage to the nervous tissue of the spinal cord with objective neurological indication of intractable spasticity. (7) Epilepsy. (8) Inflammatory bowel disease. (9) Neuropathies. (10) Huntington's disease. (11) Crohn's disease. (12) Post-traumatic stress disorder. (13) Intractable seizures. (14) Glaucoma. (15) Sickle cell anemia. (16) 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. (17) Autism. "Terminally ill." A medical prognosis of life expectancy of approximately one year or less if the illness runs its normal course. (1) (2) (3) (4) (5) Permits/Dispensaries – Section 603 (8)(d) – Three regions will be established in PA for the purpose of granting permits to growers/processors and dispensaries. The law directs that the department shall approve permits in a manner which will provide “an adequate amount of medical marijuana to patients and caregivers in all areas of this Commonwealth. The department shall consider the following when issuing a permit: Regional population The number of patients suffering from serious medical conditions The types of serious medical conditions Access to public transportation Any other factor the department deems relevant” Notice of the boundaries will be published in the Pennsylvania Bulletin. Section 616. Limitations on permits “The following limitations apply to approval of permits for grower/processors and dispensaries: (1) The department may not initially issue permits to more than 25 grower/processors. (2) The department may not initially issue permits to more than 50 dispensaries. Each dispensary may provide medical marijuana at no more than three separate locations.” – up to 150 dispensaries A dispensary may not be located within “1,000 feet of the property line of a public, private or parochial school or day-care center.” Tax on Medical Marijuana - Section 902(c) – After any repayment made under subsection (d), money in the fund is appropriated with – “(2) To the Department of Drug and Alcohol Programs for drug abuse prevention and counseling and treatment services, 10% of the revenue in the fund.” And “(4) To the Pennsylvania Commission on Crime and Delinquency for distribution to local police departments which demonstrate a need relating to the enforcement of this act, 5% of the revenue in the fund.” Enforcement - PA Dept of Health can enforce penalties of up to $10,000 per violation and/or can refer to law enforcement. To review the full Medical Marijuana Act, Act of Apr. 17, 2016, P.L. 84, No. 16 (http://www.legis.state.pa.us/cfdocs/legis/li/uconsCheck.cfm?yr=2016&sessInd=0&act=16).