Pennsylvania House of Representatives Votes to Increase Regulation of Medical Cannabis Prescribers

In a 194-8 vote on March 17, the Pennsylvania House of Representatives has approved a bill that would greatly empower the State Department of Health to regulate medical cannabis prescribers. The State Senate Law and Justice Committee will consider the bill next.

Should the bill pass the Senate, the department would have authority to place specific prescribers on probation, limit the number of medical cannabis certifications prescribers are allowed to issue, require prescribers to be supervised by another physician, and enact reporting requirements. Further, the department could create any other condition it “determines is necessary to protect the health and safety of patients in the program.”

Representative Tim Twardzik (R., Schuylkill) proposed including the additional Department of Health authority in regulation of medical cannabis as an amendment to a cannabis lab testing bill. The House Health Committee unanimously approved the proposal.

State senators on both sides of the aisle have expressed interest in the bill. State Senate Majority Leader Joe Pittman (R., Indiana) said “it is clear Pennsylvania’s medical marijuana program was not implemented well and could benefit from potential changes to make the program more airtight, efficient, and productive.” Similarly, State Senate Minority Leader Jay Costa (D., Allegheny) explained that he supports oversight in the Commonwealth’s medical cannabis program, saying such measures “protect our medical cannabis patients from bad actors, dishonest laboratory practices, and dangerous contaminants.”

Still, lawmakers remain focused on bringing recreational cannabis to Pennsylvania. Senator Costa made that clear, stating “our ultimate goal is the creation of an adult-use recreational cannabis program.” State Senator Dan Laughlin (R., Erie) likewise supports adult-use legalization, commenting “legislation involving cannabis deserves thorough review and I remain committed to using my position as Chairman to achieve this goal.” And Governor Josh Shapiro has urged the legislature to include recreational cannabis in its budget, due by the end of June.

Stakeholders in the cannabis industry in Pennsylvania should pay particular attention to these simultaneous legislative goals, as regulation of the medical cannabis program and the introduction of a recreational cannabis program would both have profound effects on the industry’s landscape in the Commonwealth. We will continue to provide updates on the legislature’s movement with respect to both medical and recreational cannabis.

Adult Use Cannabis – the United States Virgin Islands passes adult use cannabis legislation!

In case you might have missed it with your year end festivities, the U.S. Virgin Islands became the latest U.S. region to legalize adult-use cannabis. Once regulations are finalized, the rules will allow residents and visitors to purchase medical and/or recreational cannabis products from licensed dispensaries. The bill was signed by Governor Bryant and is now effective.

The legislation also includes provisions proposed by Senators Sarauw and Bolques and automatically expunges cannabis possession charges in the territory.

Medical cannabis was previously approved in 2019 but the legislature continues to work on the applicable rules and regulations for the program.

It is estimated by Commissioner Richard Evangelista that it will likely be another 18-24 months before the government can finalize the applicable regulations for medical and adult use.

Sarauw said that even now, with adult-use reforms now heading to the governor’s desk, “we have done absolutely nothing to move cannabis forward.”

At the moment, current rules decriminalize the possession of up to an ounce of cannabis in the U.S. Virgin Islands.

Key Take Away – the USVI has now officially approved adult use cannabis which will likely spark (sorry, could not resist) multiple businesses and business lines to look to establish operations in the Territory. Grow, manufacture, dispensing and businesses supporting these operations are sure to continue their thought processes as to how to engage and become licensed pending final rules to be issued by the Department of Licenses and Consumer Affairs.

Duane Morris has an active Cannabis Team to help organizations and individuals plan, respond to, and execute on your cannabis and hemp initiatives. We would be happy to discuss your proposed project and how these new rules  might apply to you. For more information or if you have any questions about this post, please contact Brad A. Molotsky, or Tracy Gallegos, Seth Goldberg, or Paul Josephson who co-head the Cannabis Group  or the attorney in the firm with whom you in regular contact .


NJ Senate and Assembly close in on expansion of medical use Cannabis – Brad A. Molotsky, Esq. – Duane Morris

The New Jersey Senate voted 33-4 yesterday (Thursday) to advance a bill that is intended to increase medical marijuana sales and likely create new business opportunities in the state.

Per Marijuana Business Daily, before the vote, the Senate amended Assembly Bill 10 to allow marijuana workers to become union members.

The Bill will now return to the NJ Assembly for a vote to approve the Senate’s modification.

If the Bill is ultimately signed, the measure will:

– Create a new regulatory commission for medical marijuana.
– Pave the way for the state to issue additional business licenses.
– Allow cannabis home delivery.
– Ease restrictions on the process for recommending medical marijuana.

Currently there are 12 vertically integrated medical cannabis licenses that have been granted in NJ.

We will continue to track this development and report back as it get’s closer to passage in the Assembly. -Brad

Bill 420 – It’s “That” Time Again!

On 1-9-19, Rep. Earl Blumenauer (D-OR) introduced H.R. 420, the “Regulate Marijuana Like Alcohol Act.” Blumenauer, the co-sponsor of the Rohrabacher–Blumenauer amendment, better known as the on-going appropriations provision that prohibits the Justice Department from spending federal funds to enforce federal law that is in conflict with state medical cannabis laws.

Proposed Bill 420 is a total overhaul of the federal government’s treatment of marijuana. Among other things, the bill:

1. Decriminalizes marijuana by removing it from the Controlled Substances Act;
2. Amends the Federal Alcohol Administration Act to enable the Secretary of the Treasury to issue permits to those who want to to manufacture, distribute, or sell marijuana;
3. Transfers jurisdiction from the DEA to the Bureau of Alcohol, Tobacco, Firearms and Explosives;
4. Prohibits widespread advertising for marijuana; and
5. Grants to the FDA the same authority for marijuana as it has for alcohol.

Rep. Blumenauer noted: “Congress cannot continue to be out of touch with a movement that a growing majority of Americans support. It’s time to end this senseless prohibition.” In this vein, per a Pew Research Center study released last fall, nearly 66% of Americans support legalization at the federal level.

The new co-chairs of the 2019 bipartisan Congressional Cannabis Conference are Rep. Barbara Lee (D-CA) and Dave Joyce (R-OH), Rep. Earl Blumenauer (D-OR) and Don Young (R-AK).

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The opinions expressed on this blog are those of the author and are not to be construed as legal advice.

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