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UPDATE ON THE PENNSYLVANIA MEDICAL MARIJUANA PROGRAM

August 2016

1.        Draft Temporary Regulations Issued for Growers/Processors.

On August 18, 2016, the Department of Health issued draft temporary regulations for growers and processors.  The Department is seeking public comments and feedback until August 28. These draft temporary regulations provide details on the information and operational requirements for a grower/processor permit application. They will also address things like: electronic inventory tracking; packaging and labeling of medical marijuana; transportation of medical marijuana; disposal of marijuana and medical marijuana; and the recall of medical marijuana or marijuana.

The draft regulations are available on the Department’s website at http://www.health.pa.gov.  There is also a link for the public to comment on the draft regulations.

2.        The Medical Marijuana Physician Workgroup.

The first meeting of the Medical Marijuana Physician Workgroup was held on August 8, 2016.  The input from this workgroup will be used to develop temporary regulations for physicians who wish to register with the Department in order to certify patients for medical marijuana.  Areas of the Medical Marijuana Act addressed at this initial meeting included physician certification as well as the required training program for physicians.

3.        Safe Harbor Letters.

            The Department reported that it has approved fifty three (53) applicants to receive Safe Harbor Letters. These letters allow parents, legal guardians and caregivers of minors under the age of 18 to administer medical marijuana to the minor that is obtained outside of Pennsylvania. As previously mentioned in an earlier article, obtaining medical marijuana outside of the Commonwealth may be no easy task, as the medical marijuana laws of Pennsylvania’s neighboring states have residency restrictions and also require that the individual obtain a certification from a physician licensed within that state.