How can I get medical marijuana in Pennsylvania? A refresher on the state’s weed laws
The purchase and use of recreational marijuana are now legal in nearly half of U.S. states, but that’s not yet the case in Pennsylvania.
However, the commonwealth maintains a medical marijuana program that has developed since its introduction in early 2018. The ever-growing program leaves some questions for Pennsylvanians as the state grapples with limited legalization.
From pushes for full legalization to qualifications for a medical marijuana card, here’s what you need to know about cannabis in Pennsylvania.
Is recreational marijuana use legal in Pennsylvania?
No. Pennsylvania is one of 29 states that has not yet legalized adult-use marijuana products.
However, former Gov. Tom Wolf supported a state Senate bill in 2016 that legalized the medical use of cannabis, paving the way for licensed sales to begin in February 2018. Wolf’s repeated calls for full legalization went unfulfilled during his tenure from 2015 through early 2023.
Gov. Josh Shapiro, who took office in January, previously voiced support for marijuana legalization while working as the Keystone State’s attorney general, though state legislators have not agreed to support such a policy. Shapiro again called for legalization, as well as a potentially hefty tax on marijuana products, in his 2023-24 budget request, which debuted in early March.
While campaigning for governor in 2021 and 2022, Shapiro publicly said he supported the legalization of marijuana and called for the expunging of criminal records for those who are serving time for “possessing small amounts of marijuana.” The latter is already in the works through the Pennsylvania Marijuana Pardon Project, which launched in September 2022 and accepted applications from approximately 2,600 people facing certain low-level marijuana convictions.
Axios reported in December the pardon project resulted in roughly 230 applications reaching the governor’s desk. After assuming office, Shapiro said he hopes to expand such efforts during his tenure.
Several notable cities across Pennsylvania have revised their municipal ordinances over the past decade to lessen penalties for minor cannabis-related offenses, typically enforcing only small fines for the possession of 30 or fewer grams. Such reforms exist in Philadelphia, Pittsburgh, Allentown, Harrisburg and State College, among other locales.
Here are 5 ways Pennsylvania’s marijuana laws could change in 2023
Medical marijuana regulations in Pennsylvania
While recreational cannabis use remains illegal at the state and federal levels, Pennsylvania provides access to marijuana products for patients with specific medical conditions.
There is no age requirement for Pennsylvania’s medical marijuana program, but those under the age of 18 must pair with an adult caregiver who can pick up products at dispensaries on the patient’s behalf. Caregivers must be at least 21 years old and are required to possess a valid, state-issued ID, pass a criminal history background check and have proper program registration.
All medical marijuana patients must have one or more qualifying medical conditions appointed by the state and certified physicians. According to Pennsylvania’s medical marijuana program page, these conditions include:
Amyotrophic lateral sclerosis
Anxiety disorders
Autism
Cancer, including remission therapy
Crohn’s disease
Damage to the nervous tissue of the central nervous system (brain-spinal cord) with objective neurological indication of intractable spasticity, and other associated neuropathies
Dyskinetic and spastic movement disorders
Epilepsy
Glaucoma
HIV/AIDS
Huntington’s disease
Inflammatory bowel disease
Intractable seizures
Multiple sclerosis
Neurodegenerative diseases
Neuropathies
Opioid use disorder for which conventional therapeutic interventions are contraindicated or ineffective, or for which adjunctive therapy is indicated in combination with primary therapeutic interventions
Parkinson’s disease
Post-traumatic stress disorder
Severe chronic or intractable pain of neuropathic origin or severe chronic or intractable pain
Sickle cell anemia
Terminal illness
Tourette syndrome
Eligible patients can purchase products at licensed dispensaries across Pennsylvania. A full list of medical marijuana dispensaries is available through the state government website.
Medical marijuana patients can purchase up to a 90-day supply of marijuana as prescribed by their physicians. Possessing more than a 90-day supply could attract a charge, according to state law, though possession limits have been decriminalized in select municipalities across Pennsylvania. Medical marijuana patients are prohibited from transporting cannabis products across state lines.
The first iteration of Pennsylvania’s medical marijuana law limited purchases and possessions to a 30-day supply. Those limits were tripled in 2021 when the commonwealth passed sweeping revisions to its program.
At-home marijuana growth is illegal in Pennsylvania, though businesses and individuals can apply for licenses related to growing and processing. Violations can result in a felony charge punishable by up to five years in prison or a fine worth up to $50,000, state law says.
Despite the legalization of medical marijuana, Pennsylvania maintains a “zero-tolerance” policy for the use of marijuana in public or while operating a motor vehicle. Medical marijuana patients can face charges if cannabis, which is still considered a controlled substance in Pennsylvania and at the federal level, is found in their systems while driving.
Some limited state laws protect workers from being fired or denied a job for using medical marijuana, but most employers fall into a gray area of interpretation, according to a 2022 Spotlight PA investigation. Officials argue Pennsylvania’s murky regulations open the door to potential lawsuits and workplace safety issues, among other concerns.
How to get a medical marijuana card
Prospective medical marijuana patients must first register with Pennsylvania’s Medical Marijuana Registry by creating a profile, which includes basic personal information like your legal name, address and contact information. Registration requires a valid Pennsylvania driver’s license or state-issued ID card.
While completing registration forms, prospective patients under the age of 18 can designate up to two individuals to serve as caregivers.
The next step requires an approved physician to certify you have one or more of the state’s qualifying conditions for medical marijuana use. The Pennsylvania Department of Health maintains an online list of approved physicians who can recommend medical marijuana to patients. Physicians who recommend medical marijuana in the commonwealth are required to register with the state health department.
Once your applicable health conditions have been certified by an approved physician, you can apply for a medical marijuana ID card through the Medical Marijuana Registry. Cards cost $50, but those who already participate in assistance programs, including Medicaid and the Supplemental Nutrition Assistance Program (SNAP) benefits, could be eligible for fee reductions.
Annual payments are required to keep a patient enrolled in the medical marijuana program. The commonwealth sends patients an email 30 days before annual payments are due.
If annual payments aren’t fulfilled, medical marijuana ID cards will automatically deactivate, the commonwealth says. Cards will reactivate immediately after annual payments are processed.
Possessing and maintaining a medical marijuana card is key in Pennsylvania. Those who use cannabis products without proper documentation, even if they’re enrolled in the program, can face charges.