Legal Standing of Cannabis for Pennsylvania

Pennsylvania Marijuana / Cannabis Medical Use Law: Legal

  • On April 17, 2016, the Pennsylvania State Medical Marijuana Program was signed into law.
  • The department is currently developing the process to obtain a medical marijuana ID card. The department anticipates mailing ID cards to patients and caregivers later this year. More information will be available closer to that time.
  • Once a patient receives their medical marijuana ID card, they can purchase medical marijuana at a dispensary in Pennsylvania that has been issued a permit by the Department of Health.

Pennsylvania Recreational Marijuana / Cannabis Recreational Use Law: Illegal

  • The use of recreational marijuana is illegal in Pennsylvania

Medical Marijuana in Pennsylvania

The Pennsylvania Department of Health is in the process of implementing the state’s Medical Marijuana Program, signed into law on April 17, 2016. When fully implemented, the Medical Marijuana Program will provide access to medical marijuana for patients with a serious medical condition through a safe and effective method of delivery that balances patient needs for access to the latest treatments with patient care and safety. Under Act 16 of 2016 (the Pennsylvania Medical Marijuana Act or the Act), the term “medical marijuana” refers to marijuana obtained for a certified medical use by a Pennsylvania resident with a serious medical condition and is limited by statute in Pennsylvania to the following forms:

  • Pill.
  • Oil.
  • Topical forms, including gel, creams, or ointments.
  • A form medically appropriate for administration by vaporization or nebulization.
  • Tincture.
  • Liquid.
  • A form medically appropriate for administration by vaporization or nebulization, including dry leaf or plant form for administration by vaporization

Under the Pennsylvania Medical Marijuana Act, patients who are residents of the commonwealth and have a serious medical condition as certified by a physician will be able to obtain medical marijuana at dispensaries that are located in the commonwealth and have a validly-issued permit from the department. A “caregiver” who is designated by the patient and is registered with the department will be able to obtain medical marijuana from a dispensary located in the commonwealth that has a validly- issued permit from the department in order for the caregiver to deliver medical marijuana to the patient.

Medical Marijuana Facility Licensing

The department will issue permits initially for no more than 50 dispensaries. Each dispensary may have no more than three separate locations. The application process requires an applicant – at a minimum – to:

  • Apply for and be awarded a permit with the department before dispensing medical marijuana.
  • Provide information in the permit application, including, but not limited to:
    • Description of business organization and activities.
    • Ability to maintain effective security and control to prevent diversion, abuse or other illegal conduct.
    • Evidence of municipality zoning requirements compliance.
    • Provide a diversity plan.
  • Submit a permit application with:
    • Initial non-refundable fee of $5,000.
    • Permit fee of $30,000, which is refundable if the permit is not granted.
    • Proof of $150,000 in capital.

Those that are awarded a permit must complete a two-hour training course. As permitted by the Act, the department may provide for other requirements through temporary regulations.

The Office of Medical Marijuana is NOT currently accepting applications for Phase II.

Medical Marihuana Facility Licensing Application

Medical Marihuana Facility Licensing Application Form