Temporary Regulations for PA’s Medical Marijuana Law Taking Shape

June 20, 2016

On June 1, 2016, the PA Department of Health announced that it had begun the task of developing temporary regulations in order to implement the medical marijuana program in Pennsylvania.  Pennsylvania’s Medical Marijuana Act, which went into effect May 17, 2016, will enable Pennsylvania residents who are patients under a physician’s care for treatment of a serious medical condition as defined by the Act to receive medical marijuana without violating Pennsylvania Law.  The temporary regulations, which are required to be complete by November 17, 2016 under the Act, will further detail the application process to become a grower/possessor and dispensary of medical marijuana.

Individuals interested in obtaining an application to be a grower/processor or dispensary of marijuana will likely have to wait until the end of the year when the applications are expected to be made available, which will likely coincide with the temporary regulations taking effect.  The Department has indicated that the first temporary regulation will be for growers/processors so that those entities can begin to produce products.  The intent is to issue the remainder of the temporary regulations sequentially for dispensaries, physicians, patients and caregivers, and laboratories.

The temporary regulations will detail the program’s operation and application process, and are expected to be in place for two years until the time final regulations are promulgated.  The Department is seeking input from the public throughout the process, and individuals interested in providing feedback can participate in a survey available on Department’s website, which can be accessed at https://www.surveymonkey.com/r/B3H2JNF.

SMGG intends to stay at the forefront of legal developments in this area.  For questions, please contact Erica L. Laughlin or David L. Pollack of Strassburger McKenna Gutnick & Gefsky at elaughlin@smgglaw.com; dpollack@smgglaw.com or (412) 281-5423.