Legislative Update

Dear PA Cannabis Patient Community,

With the PA legislature coming back into session in a few weeks (House returns to Harrisburg on 9/12/2022, Senate returns 9/19/2022), it's time to think about a few cannabis-related bills that we are watching closely and to reach out to our elected officials, so they hear our voices before they return to Harrisburg.

Here is a recap of bills I am following closely and their status (this is not an exhaustive list):

1. SB167 - This bill would rectify the current problematic language in our DUI statute to end the wrongful prosecution of un-impaired PA MMJ 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 700,000 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.

For your reference: Language of the current DUI law: PA DUI Statute

• Where is SB167?: Before this current legislative recess, SB167 was passed unanimously by the Senate Transportation Committee (a victory!) and was then sent to the full Senate floor where it was "heard" (read out loud) for a First Consideration. It will still need to be “considered” (brought up for discussion) by the Senate two more times and then be voted on. It is on the Senate calendar for a Second Consideration on Sept 19th (The day the Senate reconvenes.)

• Who can you contact to voice your support: Your PA State Senator. (*Not your US senator*) Find your legislator: Find your legislators

• What should I say? “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 vote Yes on SB167 when it comes up for a vote.”

2. SB1024- This bill would add home cultivation to Act 16 (i.e., would allow PA MMJ patients to grow cannabis at home.)

• Background: It is currently illegal for us to grow cannabis plants at home in PA. SB1024 would amend Act 16 to allow PA MMJ patients to grow up to 6 plants at home for personal use. The bill was introduced by Senators Street and Laughlin in Jan of this year and was referred to the Senate Law and Justice Committee.

• Where is SB1024? Still in the Senate Law and Justice Committee unfortunately. There has been no movement on the bill.

• Who can I contact to voice my support? Sen. Mike Regan (Majority chair) and Sen. Brewster (Minority chair)

• 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, but no 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 SB1024 up for a vote in your committee when you’re back in session and vote Yes for it.”

3. SB1238 – This bill would add prepared-food edibles as a legal consumption method to Act 16.

• Background: While it is legal for PA MMJ patients to make/prepare their own prepared-food cannabis products (aka “edibles”), prepared-food cannabis products remain illegal for sale by dispensaries in PA. SB1238 is a very simple bill that would add edibles as an option for us to purchase. This bill was introduced in May of this year by prime sponsor Sen. Laughlin and was referred to the Senate Law and Justice Committee.

• Where is SB1238? Still in the Senate Law and Justice Committee unfortunately. There has been no movement on the bill.

• Who can I contact to voice my support? The chairs of the Senate Law and Justice Committee: Sen. Mike Regan (Majority chair) and Sen. Brewster (Minority chair)

• What should I say if I want to support the bill?: “I am a patient in the PA Medical Marijuana Program and support adding prepared-food edibles to our program. Many other states already have them 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 SB1238 up for a vote in your committee when you’re back in session and vote Yes for it.”

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

I hope this is helpful for anyone interested.

Dr Jen Minkovich