By Larry Portzline,
Capitol Wire
The state Senate on Tuesday approved legislation that would legalize medical cannabis in Pennsylvania.
Senate Bill 3 passed by a 40 to 7 vote and now moves to the House of Representatives for consideration.
The measure’s prime sponsor, Senator Mike Folmer (R-Lebanon), said, “The support of so many in the Senate and the many, many advocates has been overwhelming and I cannot thank everyone enough. I believe in its present form, Senate Bill 3 represents a balance between the advocates who want greater access to medical cannabis and those who continue to have concerns. Hopefully we have established a solid foundation for consideration and deliberation in the House.”
Under S.B. 3, the commonwealth would set up a system of 65 growers, 65 processors and 130 dispensers around the state, all of which would be licensed, regulated and overseen by the newly formed Board of Medical Cannabis Licensing under the Department of State. The cost for each license would be $50,000, with a $5,000 annual renewal fee.
Once the system is operating, patients with certain types of conditions would be required to obtain a written recommendation from their doctor and a $100 access card from the state Department of Health before being permitted to purchase cannabis from a dispensary. The access card will be renewable for $50 each year after.
Highlights of S.B. 3 include the following:
• Medical cannabis can take the form of oils, ointments, tinctures, liquids, gels and pills;
• The list of acceptable medical conditions, which can be expanded in the future, include ALS, cachexia or wasting syndrome, cancer, Crohn’s disease, chronic or intractable pain, diabetes, epilepsy and seizures, glaucoma, HIV/AIDS, multiple sclerosis, Parkinson’s disease, post-traumatic stress disorder, severe fibromyalgia, spinocerebellar ataxia, traumatic brain injury and post-concussion syndrome;
• A patient must obtain written certification from a physician or nurse practitioner from whom the patient is receiving ongoing care for a legitimate condition;
• The recommended amount of medical cannabis can be no more than 2.5 ounces in a 14-day period unless the patient has a quantity waiver from the Department of Health;
• Medical cannabis can be mixed into food or drinks, but the food or drinks cannot be sold to the patient;
• Vaporization is approved for use by cancer, seizure or PTSD patients;
• Growers, processors and dispensers cannot be located within 1,000 feet of the property line of a public, private or parochial school or a day care center; be located in a residential dwelling or an area zoned for residential use; acquire cannabis from outside the state; acquire cannabis from anyone not licensed; process cannabis for any purpose other than medical use; sell medical cannabis to anyone other than a registered patient or a patient representative; permit an individual to consume cannabis on its property; sell products that contain nicotine or alcohol; sell medical cannabis over the Internet or to a person not physically present at its location; or advertise medical cannabis on radio or television;
• Health insurers and medical assistance programs are forbidden to reimburse patients for the use of medical cannabis;
• The state will collect a 6 percent surcharge on cannabis sales to dispensers;
• The state will appropriate $1.3 million for the start-up and initial operation of the State Board of Medical Cannabis Licensing;
In addition to other regulations for licensing, growing, testing, processing and selling medical cannabis, the measure also provides stringent requirements for background checks, employee hiring and training, zoning, security, inventory, storage, transportation, driving while under the influence, enforcement and fines.
If it is signed into law, the act will take effect in 60 days.
Twenty-four states and the District of Columbia now permit medical cannabis usage in various forms. Tennessee became the most recent state to legalize it May 4.
