When Gov. Tom Wolf legalized medical marijuana, Pennsylvania became the 24th state to legalize the use of medical marijuana despite the direct conflict with marijuana’s classification as a controlled substance under federal law. By way of history, on Sunday, April 17, 2016, Wolf signed the Pennsylvania Medical Marijuana Act (hereinafter MMA) enacting a sweeping change in the commonwealth, legalizing the use of medical marijuana per the parameters of the MMA, despite the ongoing prohibition of same under federal law.

The MMA has been, historically, in direct contradiction to the Controlled Substance, Drug, Device and Cosmetic Act, which classifies cannabis as a Schedule I substance, and criminalizes the cultivation, distribution and possession of cannabis, even for valid medical treatment. The MMA specifically acknowledges the conflict between its establishment of the Pennsylvania program through which patients suffering from certain serious medical conditions can obtain medical marijuana and the crimes established by federal law: “If a provision of the Controlled Substance, Drug, Device and Cosmetic Act relating to marijuana conflicts with a provision of this act, this act shall take precedence.”

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]