Bill would allow Pennsylvania patients to get medical marijuana regardless of illness

Legislation that would loosen up Pennsylvania’s Medical Marijuana Act to allow a patient’s doctor to certify medical cannabis as a suitable treatment regardless of the patient’s medical condition is advancing in the state Senate.

The Senate Law & Justice Committee on Wednesday voted 10-1 to approve a bill that would make sweeping changes to the state’s 7-year-old medical marijuana program.

Along with eliminating the list of 24 serious conditions so doctors aren’t limited in being able to suggest medical marijuana for a patient or certify them for it, legislation, sponsored by committee Chairman Mike Regan, R-Cumberland and York counties, would eliminate the expiration date on medical marijuana cards, eliminating that cost barrier for patients.

His bill, as well as a separate measure sponsored by Sen. Dan Laughlin, R-Erie County, the committee also approved by a 10-1 vote, would allow the cannabis products to be sold in edible forms. Regan’s bill also would allow it to be administered through inhalation.

Both bills — along with one sponsored by Sen. Chris Gebhard, R-Lebanon County, which would provide independent grower processors of medical cannabis with additional dispensary permits the committee approved by a unanimous vote — move to the full Senate for consideration.

A spokeswoman for Senate Majority Leader Joe Pittman, R-Indiana County, said discussions are taking place about the fate of these bills. Regan said he remains hopeful his bill will see action before the legislature’s summer break.

“The ultimate goal is to reduce restrictions on medical marijuana organizations and to reduce the cost and burden on patients through such efforts as eliminating the expiration of medical ID cards and the list of serious medical conditions,” Regan said during the committee meeting. “Nowhere do we dictate to doctors what conditions a patient must have for them to prescribe medication.”

Laughlin indicated his interest in allowing products to be sold in edible form grows out of concern about the cannabis products his Erie County constituents are accessing from unregulated distributors on a nearby Indian reservation in New York.

“Constituents drive up there and, quite frankly, I don’t know who’s manufacturing those products. I don’t know if they’re being tested for potency or anything really,” Laughlin said. “From my standpoint, passing a bill like this is not only convenience for my medical patients who live in my district but also for their safety.”

Sen. James Brewster, the ranking Democrat on the committee who admitted to being a late-comer to supporting the legalization medical marijuana, said he thinks the proposed changes to the medical marijuana program “makes us more attractive in terms of being available to constituents that are in need of this product.”

Sen. Judy Ward, R-Blair County, cast the dissenting vote to Regan and Laughlin’s bills via proxy. She was unable to be reached for comment by the time this story posted.

Also opposed to the legislation is the Pennsylvania Family Institute, a conservative-leaning policy center in Harrisburg. Its spokesman Dan Bartkowiak said, “No matter what the proposed changes are to the medical program, we all should be reminded that today’s marijuana includes dangerously high potency and we’re seeing increased harm with its use, especially among minors and young adults. Sadly, there are some lawmakers who believe marijuana use is harmless, which simply is false.”

Laughlin’s bill was amended in committee to tighten up wording to ensure that the packaging of the cannabis products are not attractive to those under 21, which Regan’s bill includes as well.

“You know like when you get a prescription, plain bottle. That’s how we envision it,” Regan’s chief of staff Bruce McLanahan said.

Regan held a series of hearings last year on a proposal that sought to add Pennsylvania to the growing list of states that have legalized adult-use marijuana.

The former U.S. marshal sees making cannabis legal in Pennsylvania as a way to take on the drug cartels by reducing some of the demand on the weed they sell on the black market while ensuring the people who choose to use it get a safer, trustworthy product. He indicates he still would like to see the state head in that direction but the idea lacks support from a majority of Republicans. Gov. Josh Shapiro has indicated he would support the legalization of adult-use marijuana.

“Maybe a softening will come when we get to a point where we have true financial issues and trying to make ends meet on the budget,” Regan said.

The Pennsylvania Independent Fiscal Office estimated in 2021 that legalized adult use marijuana could generate $400 million to $1 billion in new tax revenue for the commonwealth.

Until then, Regan’s proposed changes to the medical marijuana law lay the groundwork in the event adult-use cannabis is legalized by allowing dispensaries permitted to sell medical marijuana to automatically be permitted to sell weed products for recreational use.

In addition, his bill, among other changes dealing with the growing, testing, transporting and storing of medical marijuana, would require the Senate confirmation of the director of the Office of Medical Marijuana.