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State Laws – Pennsylvania

by andrea / Friday, 24 February 2017 / Published in Laws

Pennsylvania has made major strides in the past two years when it comes to cannabis policy. While the possibility of recreational cannabis legalization appears to be somewhat far off, the state has decriminalized possession of a small amount for personal consumption and in April 2016 passed a comprehensive public medical cannabis program.

CBD from Hemp Oil in Pennsylvania

Hemp CBD oil is federally legal in the U.S. Individual state laws, however, are dynamic and some states have and will enact their own laws regulating hemp-derived CBD.

Medical Cannabis in Pennsylvania

Pennsylvania Governor Tom Wolf signed Senate Bill 3 into law on April 17, 2016, making Pennsylvania the 24th state to adopt comprehensive medical cannabis legislation. The implementation of the program is expected to take two years.

Patients will be permitted to purchase cannabis in various forms, including pill, oil, tincture, liquid, topical, vaporization, and nebulization. The bill prohibits the sale of cannabis in dry leaf form and outlaws smoking.

Like most medical cannabis states, patients will have to obtain a medical cannabis license from a doctor.

The state Department of Health has the authority to authorize more, but as of now the following conditions are approved:

  • Amyotrophic Lateral Sclerosis (ALS)
  • Autism
  • Cancer
  • Chronic or Intractable Pain
  • Crohn’s Disease
  • Epilepsy
  • Glaucoma
  • HIV/AIDS
  • Huntington’s Disease
  • Inflammatory Bowel Syndrome
  • Intractable Seizures
  • Multiple Sclerosis (MS)
  • Neuropathies
  • Parkinson’s Disease
  • Post-Traumatic Stress Disorder (PTSD)
  • Sickle Cell Anemia
  • Damage to the nervous tissue of the spinal cord with objective neurological indication of intractable spasticity

You can find the Pennsylvania Medical Marijuana Program website here.

Recreational Cannabis in Pennsylvania

Recreational cannabis is illegal in Pennsylvania. Currently, possession of up to 30 grams is a misdemeanor, subject to a fine of $500 and 30 days in jail. Those caught with more than 30 grams are subject to a maximum fine of $5,000 and as much as a year in prison.

However, several cities in Pennsylvania taken it upon itself to create more equitable policies. In October of 2014, possession of up to 30 grams was decriminalized in Philadelphia, with criminal penalties being replaced by a fine of $25. Those caught smoking marijuana receive a citation and a $100 fine. Additionally, Pittsburgh, Harrisburg and York have decriminalized the possession of small amounts of marijuana.

Cultivation of Cannabis in Pennsylvania

The cultivation of cannabis for personal or medical purposes is still a serious crime in Pennsylvania. Growing just 1 or 2 plants is a misdemeanor that can warrant a jail sentence of 6 months to 2 years and fines of $500 to $2000.

Pennsylvania has passed laws allowing for industrial hemp farming. In July 2016, Gov. Tom Wolf signed legislation that legalized the cultivation and production of industrial hemp for research purposes. Under the law, the Agriculture Department and college and universities can legally grow the product. The newly-established Hemp Research Board will monitor regulations and oversee operations. The state Department of Agriculture began accepting applications for its program on December 2, 2016, with up to 30 projects being selected for the 2017 season.

Resources:

  • https://www.mpp.org/states/pennsylvania/
  • http://norml.org/laws/item/pennsylvania-penalties-2
  • http://medicalCannabis.procon.org/view.resource.php?resourceID=000881#RhodeIsland
  • http://www.pennlive.com/midstate/index.ssf/2015/05/fields_of_green_support_for_in.html
  • http://www.pennlive.com/midstate/index.ssf/2015/06/sb_3_folmer_baker_regulations.html
  • http://www.phillymag.com/news/2016/07/21/growing-industrial-hemp-is-now-legal-in-pennsylvania/
DISCLAIMER: The information contained in this website is for general information purposes only; it does not constitute legal advice. Although we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Therefore, any reliance you place on such information is strictly at your own risk.
Tagged under: Cannabinoids, law, laws, Pennsylvania

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