Legal

Currently, cannabis is a Schedule I drug as viewed by the Drug Enforcement Agency (DEA):  Despite this, numerous states have proceeded to legalize access to medical marijuana through restricted programs. On April 17, 2016, Gov. Tom Wolf signed into law SB 3, Pennsylvania’s compassionate medical cannabis legislation.   

Below are examples of legal issues that may arise or questions that may be asked by patients using, or considering using, medical cannabis in Pennsylvania.  Here are some key links to sites that have information about the concomitant use of medical cannabis and common activities of life such as driving, flying, marijuana for children in school and use of firearms.

Key Links

• PA Act 16 – This is the Act which outlines the scope and authority of the medical marijuana program in Pennsylvania. 

• For an overview of the PA program, see here. Medical Marijuana Program in Pennsylvania. Specific information on registering for the program can be found in these links
  

  Practitioner Registry (for Pharmacists and Physicians)

               Patient Application for a Medical Marijuana ID Card

               Medical Marijuana Advisory Board

• Cannabis Law PA

• FDA Position on Medical Marijuana

• DEA position on retaining marijuana as a Schedule I drug

  
  

TSA/Flying:

Cannabis products (including medical marijuana and CBD products) are considered Schedule 1 and can be confiscated if discovered in checked or carry-on bags and individuals in possession of these items may be referred to law enforcement.

Driving across state lines

Similar to flying, cannabis products (including medical marijuana and CBD products) are considered Schedule 1 and can be confiscated if discovered. It is illegal to drive across state lines with medical cannabis. Citizens of PA, with a valid medical marijuana card, can drive within the state so long as these guidelines are followed:

• Keep the marijuana in its original container and packaging from the dispensary
• Keep the receipt obtained from the dispensary with the medical marijuana at the time of purchase
• Be in possession of their approved Pennsylvania medical marijuana identification card
• Store / transport the medical marijuana in an area of the vehicle that is not accessible to the driver

Mailing:

Mailing cannabis products (including medical marijuana and CBD) through the United States Postal Service (USPS) is illegal and can be considered "trafficking" drug products.  Jail time is possible if over 28 grams of product is shipped.  Mailing across state lines may be referred to the DEA or other federal agencies.

The Constitution gives the federal government explicit control over all interstate travel and commerce, no state law can permit transportation of cannabis outside its borders while cannabis remains illegal at the federal level. Furthermore, anyone who uses a postal service to ship medical marijuana – such as USPS, FedEx, UPS, or DHL – is at risk of facing federal prosecution. It is of utmost importance to remember – it cannot be stressed enough – that the federal government considers marijuana an illegal substance. Therefore, shipping medical marijuana out of state cannot be done lawfully, even by marijuana dispensaries.

Schools

“A parent, legal guardian or caregiver may administer medical marijuana to their child/student on school premises provided that the parent, legal guardian or caregiver: (1) provides the school principal with a copy of the Safe Harbor Letter; and (2) notifies the school principal, in advance, of each instance in which the parent or caregiver will administer the medical marijuana to the child/student”

Firearms Information

The Pennsylvania State Police Firearms Division affirms that it is unlawful for a person “to apply for, possess or renew a Pennsylvania License to Carry Firearm (LTC)” and hold a Medical Marijuana Card. See the link for more information about this important topic.