{"id":374,"date":"2018-06-27T16:22:59","date_gmt":"2018-06-27T20:22:59","guid":{"rendered":"http:\/\/blogs.duanemorris.com\/cannabis\/?p=374"},"modified":"2018-06-27T16:22:59","modified_gmt":"2018-06-27T20:22:59","slug":"pennsylvania-legislature-rescues-medical-marijuana-clinical-research-program","status":"publish","type":"post","link":"https:\/\/blogs.duanemorris.com\/cannabis\/2018\/06\/27\/pennsylvania-legislature-rescues-medical-marijuana-clinical-research-program\/","title":{"rendered":"Pennsylvania Legislature Rescues Medical Marijuana Clinical Research Program"},"content":{"rendered":"<p>By <a href=\"https:\/\/www.duanemorris.com\/attorneys\/davidelandau.html\" target=\"_blank\" rel=\"noopener\">David Landau<\/a><\/p>\n<p>On Friday June 22nd, Pennsylvania Governor Tom Wolf signed into law a bill allowing Pennsylvania\u2019s Medical Marijuana clinical research program to proceed.\u00a0 A Pennsylvania court a short while ago enjoined the program.\u00a0\u00a0<!--more--><\/p>\n<p>Chapter 20 of Pennsylvania Medical Marijuana Law provided for a first-in-the-nation, state sanctioned clinical research program. Under the law as originally enacted, Academic Clinical Research Centers (ACRC)\u2014 medical schools that are partnered with acute care hospitals \u2013 would affiliate with a potential grower\/processor and dispensary operator to conduct clinical research.\u00a0 After certification from the State as an ACRC, The ACRC would select a partner and the affiliated grower and dispensary operator would separately apply for licenses.\u00a0 The State would not regulate the selection by the ACRC of a grower and dispensary operator, but the grower and dispensary operator would otherwise have to be qualified to obtain a Pennsylvania license to operate.\u00a0 Unlike the initial round of licenses awarded in Pennsylvania, these clinical research licenses would not be awarded by a competitive process. The choice of the operator would be solely in the discretion of the ACRC and if otherwise qualified to operate, it would be awarded a license and have the ability to open six dispensaries. Current licenses are only allowed three dispensaries.\u00a0 Each dispensary under Chapter 20 however must have an ongoing clinical research study to remain open.<\/p>\n<p>Existing licensees sued the State claiming, among other things, that the Department of Health improperly delegated the State\u2019s authority to regulate the medical marijuana industry to the ACRCs because the potential operators with would not be subject to a competitive award process.\u00a0 They obtained a preliminary injunction from a Pennsylvania court and the medical marijuana research program grounded to a halt.<\/p>\n<p>With surprising speed, the State Legislature moved to address the issues raised by the lawsuit and swiftly passed a bill clarifying that the State could proceed as it had been doing. New regulations will have to be issued, but can be issued under an expedited process under the new law.\u00a0 The clinical research license process in PA should be underway shortly.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>By David Landau On Friday June 22nd, Pennsylvania Governor Tom Wolf signed into law a bill allowing Pennsylvania\u2019s Medical Marijuana clinical research program to proceed.\u00a0 A Pennsylvania court a short while ago enjoined the program.\u00a0\u00a0<\/p>\n","protected":false},"author":6,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2],"tags":[331,330,12,18],"ppma_author":[714],"class_list":["post-374","post","type-post","status-publish","format-standard","hentry","category-general","tag-academic-clinical-research-centers","tag-david-landau","tag-medical-marijuana","tag-pennsylvania"],"authors":[{"term_id":714,"user_id":6,"is_guest":0,"slug":"duanemorris3","display_name":"Duane Morris","avatar_url":"https:\/\/secure.gravatar.com\/avatar\/843ff6e7a8fe5fc92109b47a45f34b6cf0ea499e6e788db23456c838b0ae6747?s=96&d=blank&r=g","0":null,"1":"","2":"","3":"","4":"","5":"","6":"","7":"","8":""}],"_links":{"self":[{"href":"https:\/\/blogs.duanemorris.com\/cannabis\/wp-json\/wp\/v2\/posts\/374","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/blogs.duanemorris.com\/cannabis\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/blogs.duanemorris.com\/cannabis\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/blogs.duanemorris.com\/cannabis\/wp-json\/wp\/v2\/users\/6"}],"replies":[{"embeddable":true,"href":"https:\/\/blogs.duanemorris.com\/cannabis\/wp-json\/wp\/v2\/comments?post=374"}],"version-history":[{"count":0,"href":"https:\/\/blogs.duanemorris.com\/cannabis\/wp-json\/wp\/v2\/posts\/374\/revisions"}],"wp:attachment":[{"href":"https:\/\/blogs.duanemorris.com\/cannabis\/wp-json\/wp\/v2\/media?parent=374"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/blogs.duanemorris.com\/cannabis\/wp-json\/wp\/v2\/categories?post=374"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/blogs.duanemorris.com\/cannabis\/wp-json\/wp\/v2\/tags?post=374"},{"taxonomy":"author","embeddable":true,"href":"https:\/\/blogs.duanemorris.com\/cannabis\/wp-json\/wp\/v2\/ppma_author?post=374"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}