Under Act 16 of 2016 (the Pennsylvania Medical Marijuana Act or the Act), the term “medical marijuana” refers to marijuana obtained for a certified medical use by a Pennsylvania resident with a serious medical condition and is limited by statute in Pennsylvania to the following forms:
Studies have shown that medical marijuana can assist patients suffering from certain serious medical conditions by alleviating pain and improving their quality of life.
The Act defines a “serious medical condition” as any one of the following:
No. The U.S. Department of Justice (DOJ) has the authority to enforce civil and criminal federal laws relating to marijuana possession and use, regardless of state law. Growing, distributing, and/or possessing marijuana in any capacity, except through a federally-approved research program, is a violation of federal law, and no state or local law provides a legal defense to a violation of federal law. In light of current DOJ guidance, however, it may be unlikely that federal authorities would bring civil enforcement actions or criminal investigations and prosecutions against growers/ processors, dispensaries, physicians, seriously ill individuals or caregivers as long as they are acting pursuant to the Act. A memorandum from the DOJ (PDF), dated August 29, 2013, explains the priorities of federal authorities regarding marijuana possession and use, including state medical marijuana programs.
Under the Pennsylvania Medical Marijuana Act, patients who are residents of the commonwealth and have a serious medical condition as certified by a physician will be able to obtain medical marijuana at dispensaries that are located in the commonwealth and have a validly-issued permit from the department.
A “caregiver” who is designated by the patient and is registered with the department will be able to obtain medical marijuana from a dispensary located in the commonwealth that has a validly- issued permit from the department in order for the caregiver to deliver medical marijuana to the patient.
The Act defines a “caregiver” as an individual 21 years of age or older, unless otherwise authorized by the department, who is:
Caregivers must register with the department and complete a criminal history background check in order to receive a medical marijuana ID card.
Patients under the age of 18 are required to have a caregiver.
Yes. Caregivers may provide care for up to five patients.
The Patient and Caregivers Registry is an online database created to allow patients and caregivers to participate in the medical marijuana program.
Your patient profile contains all your relevant patient information. Each time you log onto the patient and caregiver registry, you will be able to access this information.
If you are a patient, or caregiver of a patient, you need to create a profile in the registry and complete the registration process to participate in the program.
A practitioner approved by the Department of Health can issue a patient certification. The certification confirms that you have one of the 17 serious medical conditions defined in the Act, and that medical marijuana may benefit you. You cannot participate in the program without a patient certification.
An approved practitioner can issue your patient certification. If you do not have an approved practitioner, you can view a list of approved practitioners here (PDF).
No. You should create your patient profile before obtaining a patient certification. However, to complete registration you will need a patient certification from an approved practitioner. If you do not have an approved practitioner, you can view a list of approved practitioners here (PDF).
If you do not have an approved practitioner, you can view a list of approved practitioners here (PDF).
You may register for the program through the Patient and Caregivers Registry.