Medical Cannabis Bill SB1182 Amended, Clears Law and Justice Committee

Medical Cannabis Bill SB1182 Amended, Clears Law and Justice Committee

by Derek Rosenzweig.

On June 27th, 2014 history was made in Pennsylvania. For the first time ever, a medical cannabis bill cleared a major legislative hurdle. PA Senate Bill 1182, the “Medical Cannabis Act,” received an astonishing unanimous vote, 11 – 0, to amend and move the bill out of the Senate Law and Justice Committee (read my Testimony for the committee hearing held on June 10th; watch the full video of the June 10th hearing). The bill currently is awaiting first consideration by the full Senate, where it will be then moved directly to the Appropriations committee. Once it clears Appropriations, it will go back to the full Senate for a second consideration. A bill requires at least three considerations before it can be voted upon. After it passes the Senate, the bill would be sent to the PA House of Representatives so they can consider it. The bill goes into effect 60 days after passage, and insurance is not required to reimburse for medical cannabis.

Senate Bill 1182 – What Would It Do?

Many people have been asking what exactly SB1182 would entail and allow – hopefully this blog entry will serve to clear up any misconceptions. The amended bill changed quite a bit from the original, which we reported on earlier this year. As written, SB1182 will allow a patient’s healthcare practitioner, or a registered nurse, to provide written certification that the patient can benefit from the use of medical cannabis. Section 701-B allows patients under 18 to use medical cannabis with the consent of the parent and healthcare provider. The parent or guardian becomes the authorized provider, or caregiver, responsible for purchasing, transporting, and administering medical cannabis for and to their minor. The bill leaves it completely up to the practitioner and the patient as to whether medical cannabis can help for their condition – the definition of “Qualified medical condition” does not specify any conditions explicitly. According to Section 303-11-III, the Board cannot redefine, limit, or restrict the definition of “Qualifying medical condition.”

Section 512 states that patients will apply to the Department of Health for a medical cannabis card. The Department of Health will create applications, to be renewed on annual basis. They must approve or deny within 30 days. The application fee shall not exceed $100, and a criminal conviction cannot be used as a reason to deny an otherwise valid application (Section 701-G). The state will keep a record of all patients with a medical cannabis access card, and the state cannot subpoena patient records without a court order for good reason (Section 304-1).

Patient and Medical Professional Protections

Patients will be allowed to possess cannabis flowers, oils, edibles, and concentrates. The definition of “Medical cannabis” makes that clear – SB1182 remains a whole-plant medical cannabis bill. Patients may ingest or use medical cannabis using whatever method they choose while in private, including smoking. In the public domain, the only method that is prohibited is smoking, but vaporization is still allowed (see Section 513-A-1). It’ll be up to patients and their healthcare practitioners to determine what the most effective method is. Patients and authorized providers in possession of a valid medical cannabis card can’t be arrested, fined, or penalized for the possession or use of medical cannabis (see Section 701-A-1, Section 701-C). There is no explicit limit on the amount of medical cannabis a patient or authorized provider can possess. Medical cannabis growers have no restrictions on what strains may be grown (Section 501-F).

If a person is using medical cannabis, it is presumed that it is legal medical cannabis use if the person possesses a valid medical cannabis access card. This presumption can be challenged if evidence exists (Section 701-A-2). A person without a medical cannabis access card can assert the medical use of cannabis as an affirmative defense when being prosecuted if they were not in violation of SB1182 when any the activity took place, and if medical history shows that it can help them (Section 701-A-3). Section 701-A-4 states that “Possession of or application for a medical cannabis access card may not alone constitute probable cause to search a person, the person’s property or otherwise subject the person or property to inspection by a governmental agency, ” and Section 701-A-5 states that “Law enforcement officials may not destroy, damage or alter an individual’s supply of medical cannabis if the individual is in possession of a valid medical cannabis access card.”

Patients from other medical cannabis states will have reciprocity in PA. Section 512-I states that “A patient registered in another medical cannabis state may submit to the department the patient’s credentials to utilize medical cannabis. After the department authorizes the patient’s credentials, the department shall issue the patient a medical cannabis access card allowing the patient to utilize medical cannabis in this Commonwealth.”

Additionally, medical cannabis use cannot disqualify a patient from other medical care, including organ transplants. It is to be considered the same as any other medication (Section 901-1). Legal medical cannabis use cannot be used as a reason to deny custody, visitation rights, or parenting time (Section 901-2). Unless there’s clear and convincing evidence to the contrary, legal medical cannabis use cannot be used as evidence that a child is being endangered or neglected (Section 901-3). Landlords can’t penalize, evict, or deny a lease based solely on the legal use of medical cannabis (Section 901-4). Finally, employers cannot discriminate against medical cannabis patients who are legally using their medication in good faith, or who simply possess a medical cannabis access card (Section 901-5).

Healthcare practitioners and registered nurses are protected from arrest, prosecution, penalty, denial of a right or privilege, civil penalty or disciplinary action by the respective licensing board for providing written certification for the medical use of cannabis to a patient in accordance with this act (Section 701-D). Registered nurses are protected from arrest, prosecution, penalty, denial of a right or privilege, civil penalty or disciplinary action for dispensing medical cannabis to patients in accordance with this act (Section 701-E), and Section 701-F states that “An individual shall not be subject to arrest or prosecution for constructive possession, conspiracy or another offense for being in the presence or vicinity of medical cannabis as permitted under this act.”

Controlled Substances Act

Section 5103 repeals parts of the Controlled Substances Act that conflict with the new bill. Any other acts or laws inconsistent with SB1182 are repealed as well. Essentially, this completely removes marijuana from the Scheduling system of the CSA and nullifies laws and penalties that SB1182 overrides or redefines. SB1182 therefore enacts Section 306-A, which states: “The board shall adopt a schedule of civil penalties for operating without a current, registered, unsuspended and unrevoked license or occupation permit and for violations of this act. The schedule shall be published in the Pennsylvania Bulletin.” Section 306-D also states that: “In addition to the penalties under subsections (b) and (c), the board shall have the power to do the following:

(1) Levy a civil penalty of not more than $25,000 for a violation of this act.

(2) Impose a civil penalty of up to $15,000 per violation if a person aids and abets the unlicensed growing, processing, distribution or dispensing of medical cannabis. The penalty may not be levied against a person solely as a consequence of that person being a patient of the unlicensed person.”

In addition, Section 515 outlines new criminal penalties and fines. It states that:

(a) Offense.–Except as provided under subsections (b) and (c), a violation of the act shall be graded as a misdemeanor of the second degree.

(b) Unauthorized actions.–A medical cannabis grower, processor or dispenser that distributes, gives, sells or provides medical cannabis to a person other than a person authorized under this act commits a felony of the third degree.

(c) Individual.–An individual who falsifies an application or certification under section 511 commits a misdemeanor of the first degree.

(d) Other violations.–A person that is convicted of a second or subsequent violation of this act commits a felony of the third degree.

State Board and Regulations

A new “State Board of Medical Cannabis Licensing” will be created to handle all licensing aspects for “Medical cannabis dispensers”, “Medical cannabis growers”, and “Medical cannabis processors”. They will create all the necessary paperwork for people to use to apply to these businesses, as well as for “Occupation permits”, and to issue certifications to testing labs. The Board will promulgate regulations to universities and institutions who want to research medical cannabis (Section 303-15); regulations for seed and plant exchanges among growers (Section 501-H); regulations for storage and transportation (Section 509); and disposing of, or donating, unwanted/unused cannabis (Section 510). Regulations implemented by the Board are temporary for a period of 2 years after the date of publication. After which, regulations will have to be promulgated by law (see Sections 5101-A, B, and C).

One change from the previous version of the bill is that the definitions of “Medical cannabis dispenser”, “Medical cannabis grower”, and “Medical cannabis processor” now state that these medical cannabis businesses can be either for-profit or non-profit. To be employed at one of these medical cannabis businesses, that medical cannabis employee must apply to the Board for an “Occupation permit” (see Section 508). Section 303-16 says that the cost for medical cannabis may not exceed 110% of the average wholesale price of the product. Hopefully, those will help keep prices down at dispensaries.

The fee structure for medical cannabis businesses is defined in the bill, and is different for each business. All licensing fees go into the PA general fund, not for any specific program. The structure is as follows:

  • “Medical cannabis growers” – $5,000 up front, with a $2,500 annual renewal fee (Section 501-B)
  • “Medical cannabis processors” – $10,000 up front and $5,000 annual renewal fee (Section 502-B)
  • “Medical cannabis dispensers” – $15,000 up front, $7,500 annual renewal fee (Section 503-B)

Other regulations of note:

  • Medical cannabis growers will have no restrictions on what strains of cannabis they can grow; however, GMO cannabis is prohibited (Section 501-F)
  • Growers can only grow on land or in a facility approved by the Board (Section 501-G-1)
  • Growers and medical cannabis processors must have their cannabis tested (Sections 501-G-2 and 502-F-2)
  • Regulations for various medical cannabis businesses will utilize the document entitled “Cannabis Inflorescence, Cannabis Spp. Standards of Identity, Analysis and Quality Control” by the American Herbal Pharmacopoeia (AHP)
  • Applicants for “Medical cannabis dispensers”, “Medical cannabis growers”, and “Medical cannabis processors” licenses will have to supply information on “any arrest or non-traffic citation” (Section 504-B-1-I)
  • Zoning for “Medical cannabis dispenser” and “Medical cannabis processor” locations shall conform to existing laws pertaining to other commercial facilities and other manufacturing, preparation and production facilities (respectively) (Section 505-B)
  • Zoning and land use for “Medical cannabis grower” locations are classified as a “normal agricultural operation as defined under section 2 of the act of June 10, 1982 (P.L.454, No.133), referred to as the Right-to-Farm Law” (Section 505-B)
  • For the purposes of drug testing, cannabinoid metabolites alone do not constitute being under the influence. One must have 10 ng of THC in the blood to be considered under the influence; however, this language will need to be changed to “10 ng per ml” (Sections 513-A-2, 513-A-3)

Conclusion

Overall, SB1182 remains a good bill with strong protections and lots of options for medical cannabis patients and healthcare professionals. Although home cultivation was removed from the bill, we will continue to push for it to be put back in through an amendment. SB1182 will still create a robust program that will enable patients to get medical cannabis consistently in the strains, amounts, and forms they need.

19 Responses to "Medical Cannabis Bill SB1182 Amended, Clears Law and Justice Committee"

  1. Ray Goldenberg  June 29, 2014 at 11:07 am

    WOW, I should only live to see the day this law passes and no more lives are ruined for a plant!

  2. Jimmy Johnson  June 30, 2014 at 5:10 pm

    Until SB1182 includes provisions, where the people of Pa can grow their own medication, it will never be a robust program. Most people, in states where it is legal, cannot afford the amount of cannabis they need to treat their illness. Realistically, the only thing that has changed, in States that don’t “allow” their slaves to grow, is the name of the new drug dealer. I’m not a smoker, but I do care about people that need this plant to cure their illness. To cure cancer, you need at least one pound of top grade cannabis. At $400/ounce, you tell me how many will be able to afford to treat themselves? Robust….We’re far from it.

    • Derek Rosenzweig  June 30, 2014 at 7:27 pm

      You’re right that home-cultivation is needed to make it a top-tier medical cannabis program, but as written this bill would still be a HUGE help to Pennsylvanians. Even if it passes without home cultivation, we’ll continue to push for it down the road. This is not the end of cannabis reform (medical or otherwise) in PA.

      • Vince  June 30, 2014 at 9:50 pm

        it does include home cultivation please read the whole bill in entirety

        • Derek Rosenzweig  June 30, 2014 at 11:16 pm

          FYI, I wrote the article you’re commenting on :/

          • George  July 10, 2014 at 5:43 pm

            Nice article,,I’m touching on 70 and am tired of sneaking around the “law”, but realistically will be doing so till I’m dead. We have state liquor stores,nuff said.

          • JamesDoyle  August 7, 2014 at 2:55 pm

            It has too be decriminalized not legalized

    • Vince  June 30, 2014 at 9:49 pm

      this bill does include patients growing there own they have to buy a licence to do it i wish people would actually read the bill itself before jumping to conclusions

      • Derek Rosenzweig  June 30, 2014 at 11:15 pm

        The original version of the bill allowed patients to get a growers license and keep 25% of the harvest, but that was removed from the amended version. Nowhere in the amended version does it say that patients or authorized providers can grow their own. I’m sure patients can still apply for an official growers license, but it doesn’t say they can keep any of their harvest for personal use. That is NOT home-cultivation.

  3. Pingback: Carbunkle Supports Pennsylvania SB 1182 for Compassionate Use of Cannabis. | Carbunkleblog

  4. George  July 10, 2014 at 5:34 pm

    Not going to pass. There’s no political upside to inspire support. Bad news happens in an instant, good news takes time. There’s no good news coming down the pike. Meanwhile it’s a sham when any state doesn’t demand equal treatment under the law. Pennsylvania is guilty of that because while the federal government condones some states legalizing marijuana it denies equal treatment to all the states. Pennsylvania should at least demand that federal marijuana laws be given a pass to it’s citizens and the policy of enforcement reduced to legal regulations and enforcement much akin to alcohol sales and use.

  5. Pingback: 84% Support Medical Marijuana in Pennsylvania as Senate Takes Vacation

  6. citizen  August 4, 2014 at 2:40 am

    I’m 80 and counting the days. Please hurry up……..

  7. Pingback: Harrisburg Medical Cannabis Rally Scheduled for Sept. 15th | PhillyNORML

  8. 3rdiJedi  August 27, 2014 at 2:06 am

    Thanks Derek for all the info and help you’ve provided over the years to all of us. I pray as well as many others that this war against American’s / Pennsylvanian’s finally comes to an end.

    Much Love and Respect

  9. Pingback: Pennsylvania bill focused on whole plant cannabis

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  11. Casey  April 9, 2015 at 3:27 pm

    I pray to God that Medical Cannabis is soon legalized in my home state of PA. I have suffered from severe PTSD for decades. I have swallowed a pharmacy of prescribed pills attempting to treat the symptoms. My liver may not last long enough to see the day I can legally use Cannabis to treat my PTSD. My family life has been nearly ruined by the Fight and Flight episodes I routinely experience. I have a 16 year old daughter, there is no way I’m going to smoke illegal pot and risk shaming her with my arrest. It’s hard enough to get people to understand and accept PTSD let alone accepting treatment with an illegal drug. I just want to experience one day that I don’t feel like my nervous system is wired to an electrical outlet.
    Please allow myself and others to receive the treatment we so desperately require.
    Thank you.

  12. Michaela  February 17, 2016 at 3:04 pm

    I am planning on moving from CT to Philadelphia soon and I am a medical patient here. I am so relieved that I may not have to live in New Jersey.

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