PA Legislative Update – January 2024
Hi all,
With the PA legislature coming back into session soon (House returns to Harrisburg on 2/6/2024, Senate returns 2/5/2024), let’s review some cannabis-related bills and 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 current status (this is not an exhaustive list):
1. SB363 (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 Program 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. Note - This bill is a reintroduction of SB167 from last session. (See my previous posts for additional details.)
To read the bill: SB363
For your reference: Language 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,
Where is SB363?: The Senate. It has already undergone a first consideration on Dec 12, 2023. It will need to be considered on two more days in the Senate and then voted on for passage, to be then sent to the House for consideration and voting.
Who can you contact to voice your support: Your state senator (Find my senator)
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 for SB363 at its next consideration.”
2. SB869 (Home-Grow) This bill 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. SB869 would amend Act 16 to allow PA MMJ patients to grow up to 6 plants at home for personal use. The bill was reintroduced by Senators Street and Laughlin in July 2023 and was referred to the Senate Law and Justice Committee.
To read the bill: SB869
Where is SB869? Senate Law and Justice Committee. There are no meetings planned yet for this committee.
Who can I contact to voice my support? Sen. Mike Regan (Majority chair) and Sen. Brewster (Minority chair) of the Senate Law and Justice Committee.
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 SB869 up for a vote in your committee when you’re back in session and vote Yes for it.”
3. SB538 (Edibles) 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/prohibited for sale by dispensaries in PA. SB538 is a very simple bill that would add edibles as an option for us to purchase. This bill was introduced in May 2023 by prime sponsor Sen. Laughlin and was referred to the Senate Law and Justice Committee.
To read the bill: SB538
Where is SB538? It passed out of the Law and Justice Committee to the Full Senate in June 2023, underwent two considerations, but was then referred to the Senate Appropriations Committee, and there it sits. There are two upcoming Appropriations meetings planned for February but it’s unclear if SB538 is on the agenda.
Who can I contact to voice my opinion? Your state senator.
What should I say if I want to give support on 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. When SB538 gets out of Appropriations and back to the Senate floor, please vote Yes for it.”
4. SB835 - (Program updates) SB835 would make a number of changes to Act 16 (MMA).
Background: The bill was introduced into the PA Senate Law and Justice Committee in June 2023 by Senators Regan and Brewster, who are the chairmen of that committee and are the bill's prime sponsors. Changes that SB835 would make include:
Remove the list of qualifying conditions from the program; Remove the requirement to pay an annual card fee ($50) to the DOH each year; Remove the requirement for pre-approval by the DOH for advertisement/marketing materials by G/Ps/dispensaries; Add prepared food edibles to the program's acceptable consumption methods; Remove the restriction on smoking (combustion) of flower; Remove the limitation that states that G/Ps can only obtain and transport seeds and plant material from outside of the Commonwealth for a 30-day period per year (a 30 day period specified by the DOH).
This bill seems to be an interesting mix of proposed changes that would affect a lot of current processes from patient, doctor, G/P/dispensary, and DOH perspectives.
To read the bill: SB835 (Anything with a gray highlight represents proposed deletion of language from Act 16; Anything underlined is proposed new language that would be added to Act 16.)
Where is SB835? It passed out of the Law and Justice Committee to the Full Senate in June 2023, but was then referred to the Senate Appropriations Committee. There are two meetings scheduled for this committee in February but it’s unclear if this bill is on the agenda.
Who can I contact to voice my opinion? Your state senator.
What should I say if I want to give support/opposition/feedback on the bill?: “I am a patient in the PA Medical Marijuana Program and (support/oppose) (whatever aspect of the bill you support/oppose). When SB835 gets out of Appropriations and back to the Senate floor, please vote (Yes or No) for it.”
5. SB846 (Adult-use/Recreational Cannabis) This bill would establish a recreational cannabis market in PA.
Background/Summary: This bill would legalize cannabis for adult use (by people 21 years of age and older) in PA and create a legal cannabis market. This bill also digs into Act16 and makes changes to the PA Medical Marijuana Program. This is a very long bill to try to summarize but here is the legislative memo.
-Personal note - While I am pleased to see a robust bipartisan attempt at legalization in PA, I have serious concerns with the DUI-related language included in the bill that would worsen our DUI situation in PA. However, this is fixable, and we’re at an early enough stage in the legislative process to allow time to get this fixed.
To read the bill: SB846
Where is SB869? Senate Law and Justice Committee. There are no meetings planned yet for this committee.
Who can I contact to voice my support/opposition/feedback on the bill? Sen. Mike Regan (Majority chair) and Sen. Brewster (Minority chair) of the Senate Law and Justice Committee. They have been supportive of Adult-Use legislation in PA for several years now and they seem relatively receptive to suggestions. They are able to amend the bill in committee, so now would be a good time to reach out with amendment suggestions.
6. HB915 - Medical Cannabis Temporary ID
Background: This bill would require the Department of Health “to develop and implement the issuance of temporary electronic medical cannabis identification cards for renewals.” A temporary electronic medical cannabis identification card would be available immediately in the patient portal after the Department of Health approves the patient certification and receives the renewal fee, allowing for use of the temporary card for up to 21 days.
To read the bill: HB915
Where is HB915? It was introduced into the House Health Committee on April 17, 2023 and has remained there.
Who can I contact to voice my support/opposition/feedback on the bill? Rep. Dan Frankel (Majority Chair of House Health Committee) and Rep. Kathy Rapp (Minority Chair of House Health Committee)
Here is general reference about the law-making process in PA: How a bill becomes law in PA
My best regards,
Dr Jen Minkovich
1/9/2024