Pennsylvania

Navigating Pennsylvania State Laws:

Patients and Caregivers: Enrolling and Accessing Medical Cannabis

Medical Professionals: Procedures for recommending Medical Cannabis

Policymakers and Advocates: Actions Needed to Improve Laws for Patients

NOTICE: It can be challenging for patients to determine which businesses offering cannabis products are licensed and approved by the state. Review this list of medical cannabis retailers to find out where to purchase regulated cannabis in Pennsylvania. 

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Background on State Laws

Medical Cannabis is legal in Pennsylvania, however home cultivation is not. Patients and caregivers may purchase up to a 30 day supply from dispensaries. Pennsylvania does not recognize out of state medical cannabis cards. Patients report few dispensaries and high prices as barriers to access. As a patient, you will have an affirmative defense in court if you are arrested for cannabis possession. You will also be legally protected from discrimination based on your cannabis use in a child custody hearing. An employer will not be allowed to fire you on the basis of your enrollment in the program. In 2018, the Department of Health also announced in 2018 that it will not share patient registry information with law enforcement agencies, a move designed to maintain legal firearm ownership rights for medical cannabis patients. Other states do not provide this layer of protection, leaving those patients who own firearms vulnerable to second amendment rights infringements due to the conflict of federal and state cannabis laws. Details on how these laws apply to patients and medical professionals can be found below.

Here is a breakdown of how Pennsylavnia fared in ASA’s Annual State of the States Report, which evaluates the effectiveness of each state cannabis program from a patient perspective and assigns a grade using a rubric that reflects the key issues affecting patient access. Medical cannabis laws are constantly changing, ASA’s policy recommendations for Pennsylvania can be found below. For policy updates Sign Up here or Take Action!

Patient Rights and Civil Protections	70/100
Arrest Protection 25/25 Affirmative Defense 10/20 Parental Rights Protections 20/20 DUI Protections 0/10 Employment Protections 10/20 Explicit Privacy Standards 5/5
Access to Medicine	50/100
Authorizes Retail Access 10/10 Alternative Accessibility Methods 15/20 - Authorizes Delivery 5/10 - Authorizes Curbside Pickup 10/10 Personal Cultivation 0/15 Collective Gardening 0/5 Sufficient Number of Licensed Retailers 25/30 Reciprocity 0/20
Program Functionality	91/100
Legal Protections Within Reasonable Time Frame 14/20 Reasonable Possession Limits 10/10 Reasonable Purchase Limits 10/10 Telemedicine for Physician Certifications 15/15 Patient and Physician Representation in Program Decision Making 20/20 Reasonable Caregiver Standards 4/5 - Background Checks 1/2 - Number of Caregivers 3/3 Reasonable Physician Standards 3/5 Access to Administration Methods 10/10 - Allows Dried Flower 5/5 - Allows Edibles, Concentrates, and Other Forms 5/5 Provides Access to Minors on School Grounds 5/5
Affordability	58/100
Sales Tax Break for Patients and Caregivers 20/20 Covered by State Insurance or Health Aid 0/20 Reasonable Registration Fees 18/20 Financial Hardship Waivers or Discounts 20/20 Donation Program 0/10 Allows Multi-Year Registrations 0/10
Health and Social Equity	43/100
State Program Protections 20/25 Housing Protections 0/25 Access for Minors 10/10 Access in Underserved Areas 4/10 List of Qualifying Conditions is Exhaustive or All Inclusive 9/10 Allows Patients to Medicate Where they Choose 0/10 Organ Transplants 0/5 Ownership or Employment Restrictions 0/5
Consumer Protection and Product Safety	165/200
Cultivation Operations 40/50 Quality Management Systems 5/10 Staff Training 10/10 Standard Operating Procedures 7/8 - Facility and Equipment Sanitation 1/1 - Workplace Safety 1/1 - Storage 1/1 - Batch and Lot Tracking 1/1 - Security 1/1 - Waste Disposal 1/1 - Water Management 0/1 - Records Management 1/1 Pesticide Usage Limitations 1/2 Environmental Impact Regulations 1/2 Required Testing 8/8 - Cannabinoids 1/1 - Terpenes 1/1 - Microbials 1/1 - Aflatoxins 1/1 - Pesticides 1/1 - Heavy Metals 1/1 - Foreign Matter 1/1 - Moisture Content/ Water Activity 1/1 Packaging and Labeling 1/3 - Cannabinoids 1/1 - Terpenes 0/1 - Pesticides 0/1 Complaints, Adverse Event Reporting, and Recall Protocol 7/7 Manufacturing Operations 37/50 Quality Management Systems 5/10 Staff Training 10/10 Standard Operating Procedures 7/7 - Facility and Equipment Sanitation 1/1 - Workplace Safety 1/1 - Storage 1/1 - Batch and Lot Tracking 1/1 - Security 1/1 - Waste Disposal 1/1 - Records Management 1/1 Environmental Impact Regulations 0/3 Required Testing 9/10 - Cannabinoids 1/1 - Terpenes 1/1 - Microbials 1/1 - Aflatoxins 1/1 - Pesticides 1/1 - Heavy Metals 1/1 - Residual Solvents 1/1 - Homogeneity 0/1 - Foreign Matter 1/1 - Water Activity 1/1 Packaging and Labeling 1/5 - Cannabinoids 1/1 - Terpenes 0/1 - Ingredients 0/1 - Allergens 0/1 - Nutritional Content 0/1 Complaints, Adverse Event Reporting and Recall Protocol 5/5 Dispensary Operations 40/50 Staff Training 20/20 Standard Operating Procedures 7/7 - Facility Sanitation 1/1 - Workplace Safety 1/1 - Storage 1/1 - Batch and Lot Tracking 1/1 - Security 1/1 - Waste Disposal 1/1 - Records Management 1/1 Product Testing 0/10 - Product Meets Requirements Before Sale 0/5 - COA Disclosure 0/5 Complaints, Adverse Event Reporting and Recall Protocol 13/13 Laboratory Operations 48/50 Independent or Third-Party 5/5 Laboratory Sampling 5/5 Method Validation 4/4 Quality Management Systems 4/5 Staff Training 20/20 Standard Operating Procedures 6/7 - Facility and Equipment Sanitation 0/1 - Equipment and Instrument Calibration 1/1 - Workplace Safety 1/1 - Sample Tracking 1/1 - Security 1/1 - Waste Disposal 1/1 - Records Management 1/1 Result Reporting 4/4
Score Penalties	15/95
Gives Regulatory Preference to Adult Use 0/20 Classifies Cannabis as a Medicine of Last Resort 0/15 Administrative or Supply Problems 0/10 Requires Vertical Integration 5/10 Creates New Criminal Penalties for Patients 10/10 Limits Patients to a Single Retailer 0/10 No System for Adding Qualifying Conditions 0/10 Imposes Bans or Limits on THC 0/5 Imposes Bans or Limits on CBD 0/5
Excerpted from ASA's 2022 State of the States Report.