House Bill 1432 New Medical Marijuana Legislation

House Judiciary Committee Majority Chairman Ron Marsico, Rep. Mike Regan, and Rep. Sheryl Delozier presented legislation to legalize medicinal marijuana in Pennsylvania.

House Bill 1432 would allow the use of medicinal marijuana in the form of oil, pill or vapor. The Act would establish a medical marijuana program; providing for patient and caregiver certification and for medical marijuana organization registration; imposing duties on the Department of Drug and Alcohol Programs; providing for a tax on medical marijuana organization gross receipts; establishing the Medical Marijuana Program Fund; and providing for penalties and enforcement.

The proposed legislation includes:

• Create a foundation for a medical marijuana program to be administered by the Department of Drug and Alcohol Programs.
• Allow a licensed physician to certify that a patient may utilize medical marijuana if they have a severe illness or medical condition. A serious medical condition includes cancer, HIV/AIDS, amyotrophic lateral sclerosis, Parkinson’s disease, multiple sclerosis, damage to the nervous tissue of the spinal cord, epilepsy, inflammatory bowel disease, neuropathies and Huntington’s disease.
• Authorize the department to register as many as five medical marijuana organizations.
• Develop an exclusive tax to be attached to the sale of medical marijuana, to be paid by the medical marijuana organization.
• Provide that all taxes and fees be deposited into a Medical Marijuana Program Fund solidified in the State Treasury.
• Solidify criminal penalties for diversion of medical marijuana, with the issuance of fake ID cards and the adulteration of medical marijuana
• Being clear on the fact that no patient, caregiver, medical marijuana organization, or practitioner will be subject to arrest or penalized or turned away by any right or privilege for lawful practice when using medical marijuana.
• Permit medical marijuana to given through vaporization or in pill or oil form. Edible and smoking will not be allowed.
• Require a medical marijuana organization to take on and uphold the security, tracking, a video monitoring system in correlation to medical marijuana.
• Charge the department with the task of giving a written report every two years illustrating the working of the operation of the act, an assessment of the advantages and risks to people obtaining medical marijuana, and any references for amendments to the law.