In January of 2017, the National Conference of State Legislatures (NCSL) published a list of the top 10 issues that will be before state legislatures across the nation this year. While we’re just over a quarter of the way through the two-year 2017-2018 legislative session, it’s worth a look to see what our own elected officials are doing to address each of the issues. The next topic up for consideration: marijuana, phase 2.
Twenty nine states and the District of Columbia now allow the use of medical marijuana to treat certain illnesses and conditions. Pennsylvania legalized the use of medical marijuana in April of 2016, but some relevant regulations and protocols are still under development and it could be another year until product is available to patients in the Commonwealth.
That’s not to say the last year hasn’t been a busy one for the Department of Health’s new Office of Medical Marijuana. Regulations for the oversight of grower/processors and dispensers were developed last summer and into the fall, followed by applications to grow/process or dispense medical marijuana, which were made available over the winter. By the end of June, Pennsylvania awarded its first round of medical marijuana permits, allowing 12 grower/processers to operate in the Commonwealth as well as 27 dispensers.
While our newly approved grower/processors and dispensers can start to get business underway, there are still a few outstanding issues to be addressed before Pennsylvania has a complete medical cannabis program as contemplated in Act 16. In particular, Chapter 20 of the act authorizes Pennsylvania to issue a special permit to conduct growing, processing and dispensing operations to medical marijuana companies who undertake a research partnership with one of the state’s medical schools. Regulations related to this program were made available for public comment in July, and the work of putting together a regulatory structure to oversee this permitting process is currently underway. With top-notch medical schools for both research and primary care throughout the Commonwealth, this program could pave the way for Pennsylvania to be a leader in the development of new uses and forms of medical marijuana; we’re hopeful these permits will be issued by year’s end.
Even though it’s conceivable that by the end of 2017 the first round of all types of permitees will be up and running, it’s going to take some time to educate physicians, other medical professionals, caregivers and patients on the appropriate use of medical marijuana. Also adding to the extended timeline is the time it takes to actually grow a medical marijuana plant. With these considerations in mind, we expect that it could be 2018 by the time the product is in use.
In the meantime, some members of state government have begun looking at ways to legalize the use of recreational marijuana. Sen. Daylin Leach (D-Montgomery), a strong advocate of medical marijuana, introduced S.B. 213, which would legalize the consumption of marijuana for adults over the age of 21. Even the state Auditor General Eugene DePasquale has supported the idea. In a March press conference, he stated that regulating and taxing marijuana could bring in $20 billion and more than 280,000 new jobs to the state in the next decade. However, it’s unlikely that any of these proposals will come up for consideration until Pennsylvania’s medical marijuana program is proven safe and effective.
Though we don’t expect that to be any time during this session, stay tuned to this blog and follow us on Twitter @BuchananLobbyists for updates.