Jan 2025 - PA Legislative Update

Hi all,

With the PA legislature back in session, it's time to think about a few cannabis-related bills and reach out to our elected officials so they hear our voices in Harrisburg.

Here are some bills recently introduced that I am following closely:

 

1.  SB63 (DUI reform) This bill would rectify the current problematic language in our DUI statute to end the wrongful prosecution of un-impaired PA Medical Marijuana patients.

  •  Background: Currently anyone who has (even non-psychoactive) THC metabolites in their urine or blood, and is driving a motor vehicle, despite being un-impaired, is guilty of a DUI. That means a large percentage of us 500,000 or so patients in the PA Medical Marijuana Program are technically criminals under this flawed law. This current language of the law is unscientific, not evidence-based, worrisome, and absurd. Note - This bill is a reintroduction of SB363 from last session. (See my previous posts for additional details.)

  • Prime Sponsor: Sen. Camera Bartolotta

  •  To read the bill: SB63

  •  For your reference: Language and explanation of the current DUI law: 

    PA DUI Statue - Ch 38 § 3802 Section D

PA Bulletin - Minimum Levels of Controlled Substances or Their Metabolites in Blood

NORML - PA State law summary

  • Where is SB63? Referred to the PA Senate Transportation Committee.

  • Who can you contact to voice your support: The Chair of the Senate Transportation Committee – Sen. Judy Ward

  • What should I say if I support it? “I am a patient in the PA Medical Marijuana Program and I’m concerned about how the language of our DUI law in PA puts me at risk of getting charged with a DUI even though I am driving un-impaired. Please bring SB63 up for a vote in your committee and vote Yes for it.”

 

2. SB76 (Home-Grow) - Senator Street’s bill that would add home cultivation to Act 16 (i.e., would allow PA Medical Marijuana patients to grow cannabis at home.)

  • Background: It is currently illegal for us to grow cannabis plants at home in PA. SB76 would amend Act 16 to allow PA MMJ patients to grow up to 6 plants at home for personal use. Note: This is a reintroduction of SB869 from last session.

  •  To read the bill: SB76

  •  Where is SB76? Referred to Senate Law and Justice Committee

  •  Who can I contact to voice my support?  The Chair of the Senate Law and Justice Committee – Sen. Dan Laughlin

  •  What should I say if I agree with the bill?: “I am a patient in the PA Medical Marijuana Program and support adding home cultivation of cannabis to our program. It would lower the costs for those patients in the program that have the skills to grow and wish to grow their own cannabis, but not so much as to threaten the established market. (Not everyone will grow.) Many other states already have home-grow as an option so we can look to them for examples of what works and what doesn’t. We do not have to reinvent the wheel. Please bring SB76 up for a vote in your committee and vote Yes for it.”

 

3. SB75 (Decriminalization of cannabis) This bill would amend Pennsylvania's Controlled Substances Act changing the grading of possession of a "small amount" of marijuana from a misdemeanor to a summary offense

  •  Background: From SB75 memo -“Currently, the possession of a small amount of cannabis is treated as a misdemeanor of the third degree. The maximum penalty is 30 days in jail, and a $500 fine. Also, if a person is convicted of a violation, the Pennsylvania Department of Transportation is required to suspend the license for 6 months. Under this legislation, possession of small amounts of cannabis will be reduced to a summary offense and will not result in any driver’s license suspension.”  Note: This is a reintroduction of SB1028 from last session.

  •  To read the bill: SB75

  •  Where is SB75? Referred to PA Senate Judiciary Committee

  •  Who can I contact to voice my opinion? The Chair of the Senate Judiciary Committee – Sen. Lisa Baker

 

Here is general reference about the law-making process in PA: How a bill becomes law in PA

My best regards,

Dr Jen Minkovich

1/26/2025

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