In April 2016, Pennsylvania enacted ground-breaking legislation on medical marijuana production and distribution that will have a far-reaching impact on the health care industry in this state, the Medical Marijuana Act, 35 P.S. Section 10231.101. The act authorizes a medical marijuana program for patients suffering from serious medical conditions, and will be implemented by regulations under development by the Pennsylvania Department of Health (DOH). The program is expected to take 18 to 24 months to implement from passage of the act.

To date, the DOH has issued for industry comment (but not formally published in the Pennsylvania Bulletin) temporary rules regarding permits for growing/processing medical marijuana. The DOH also has published regulations implementing a temporary safe harbor program to enable parents or caregivers of minors with a “serious medical condition” to obtain medical marijuana from outside of the commonwealth to administer to the minor, see 28 Pa. Code 1131. Rules for dispensaries and details on the process for caregivers and adult patients to access medical marijuana are still to come. The last regulations to be developed will relate to physician registration, which is required for physicians to recommend medical marijuana to adult patients.

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