Pennsylvania legalized medical marijuana on April 17, 2016, marking a significant shift in how marijuana possession and trafficking charges are prosecuted and defended. The state’s Medical Marijuana Program also opens new opportunities for individuals interested in legally cultivating or distributing medical marijuana under state-issued licenses.
While these changes may lead to fewer marijuana-related prosecutions, criminal charges are still possible if you fail to comply with state laws. It’s also important to note that marijuana remains illegal under federal law, and the federal government has signaled it may continue enforcing those laws aggressively.
If you get charged with marijuana possession or trafficking, you will need the help of a skilled and experienced Pittsburgh marijuana lawyer. Call Worgul, Sarna & Ness, Criminal Defense Attorneys, LLC today at (412) 281-2146 to find out how we can help you.
Legal Use of Medical Marijuana in Pennsylvania
The Pennsylvania Department of Health is responsible for implementing the Medical Marijuana Program. The process of developing the rules and regulations for the possession, cultivation, and distribution of medical marijuana is ongoing, with the full implementation expected to occur in late 2017 or early 2018.
Eligible Medical Conditions
Once the program is implemented, Pennsylvania residents with certain serious medical conditions may use medical marijuana on the recommendation of a Pennsylvania-licensed physician. The medical conditions that may qualify you for the medical marijuana program include:
- Amyotrophic Lateral Sclerosis
- Autism
- Cancer
- Crohn’s Disease
- Serious spinal cord damage
- Epilepsy
- Glaucoma
- HIV (Human Immunodeficiency Virus) or AIDS (Acquired Immune Deficiency Syndrome)
- Huntington’s Disease
- Inflammatory Bowel Disease
- Intractable Seizures
- Multiple Sclerosis
- Neuropathies
- Parkinson’s Disease
- PTSD (Post-traumatic Stress Disorder)
- Severe chronic pain not treatable by traditional methods
- Sickle Cell Anemia
How to Become a Medical Marijuana Patient
To legally obtain medical marijuana in Pennsylvania, you must:
- Register with the Department of Health
- Obtain a physician’s certification stating you suffer from a qualifying condition
- Apply and pay the fee for a medical marijuana ID card
Legal Forms of Medical Marijuana
Once you receive your ID card, you can purchase medical marijuana from a licensed dispensary or caregiver. Legal forms include:
- Pill
- Oil
- Topical gels, creams, or ointments
- Liquid
- Vaporized or nebulized forms
Importantly, dried buds and leaves are not legal, meaning smoking marijuana in its traditional form is prohibited under Pennsylvania’s medical program.
When Will Dispensaries Open in Pennsylvania?
The Pennsylvania Department of Health estimates that it will be able to begin receiving applications for growing, processing, and dispensary permits in the first quarter of 2017. It remains to be seen how long the licensing process will take. Additionally, dispensaries and processors will need time to start their businesses once they obtain their licenses. And of course, it will take licensed growers several weeks to cultivate their first plants. Thus, it is likely that medical marijuana won’t be available in Pennsylvania until at least the latter half of 2017.
Dispensary Licensing Requirements
The Medical Marijuana Program authorizes the Department of Health to license up to 50 dispensaries to operate in Pennsylvania. A licensed dispensary may operate up to three separate locations. Each potential dispensary must meet the following requirements:
- Submit a detailed business model to the Department of Health
- Pass federal and state background checks
- Demonstrate the ability to prevent diversion to the black market
- Provide a diversity plan
- Complete training
- Pay a non-refundable $5,000 application fee and a $30,000 license fee (refundable if not approved)
- Show proof of $150,000 in capital
Grower and Processor Licensing
The Medical Marijuana Program allows for 25 growers and/or processors to operate in Pennsylvania. The requirements for obtaining a growing or processing license are the same as for dispensary licenses, with the following additions:
- Statement of good moral character
- The non-refundable application fee is $10,000, and the refundable license fee is $200,000
- Proof of $2 million in capital, $500,000 of which must be on deposit in a financial institution
Facing Marijuana Charges? A Pittsburgh Medical Marijuana Lawyer Can Help
Although Pennsylvania is moving toward more progressive marijuana laws, criminal charges are still possible—especially if you possess, grow, or distribute marijuana outside the bounds of the law. Even in Pittsburgh and Philadelphia, where small possession amounts are decriminalized, serious charges can arise depending on the situation.
If you’re facing marijuana possession or trafficking charges, whether in state or federal court, you need a legal team with experience and dedication.
At Worgul, Sarna & Ness, Criminal Defense Attorneys, LLC, we focus on giving each client personal attention and a strong defense. Our Pittsburgh marijuana defense lawyers understand the nuances of both the Medical Marijuana Program and criminal law, and we’ll work to reduce or dismiss the charges against you.
Call a Pittsburgh Marijuana Lawyer Today at Worgul, Sarna & Ness Today
Don’t leave your future to chance. If you’ve been arrested for marijuana possession, cultivation, or distribution, call us at (412) 281-2146 or contact us online for a free, confidential consultation.
Call us today at (412) 281-2146 for a free and confidential case consultation.
