What Do I Need in Order to Get a Medical Cannabis Card in Pennsylvania?

To obtain a medical cannabis ID card in the Medical Marijuana Registry, you must first be examined, found to have a qualifying condition, and certified by a qualified physician. The cost for a medical marijuana ID card is $50, but those who participate in certain assistance programs may be eligible for fee reductions. To renew your registration, you will receive an email with instructions for paying the annual fee 30 days before it is due. If the payment is not received by the specified date, your ID card will be deactivated. Once you pay the annual fee, your ID card will be reactivated.

How Much Medical Cannabis Can I Possess in Pennsylvania?

In Pennsylvania, medical marijuana patients are allowed to possess a 90-day supply of medical cannabis, as determined by the recommending healthcare practitioner. The specific amount of medical cannabis that constitutes a 90-day supply can vary depending on the patient's medical condition and treatment plan. It is important to note that medical marijuana laws and regulations can change over time, so it is always a good idea to check with the Pennsylvania Medical Marijuana Program for the most up-to-date information.

Can I Smoke Medical Cannabis in Pennsylvania?

Although the medical use of cannabis has been legalized and regulated in the state of Pennsylvania, patients are not allowed to smoke cannabis in the state of Pennsylvania. Medical cannabis is available in pill, oil, topical, and tincture forms. Additionally, while patients aren’t allowed to smoke cannabis, they are allowed to vaporize cannabis liquids. Further, residents can smoke hemp flower products containing non-THC cannabinoids like CBD, so long as the THC content is under .03%.

Where Can I Buy Medical Cannabis in Pennsylvania?

In Pennsylvania, medical cannabis can only be purchased from a licensed medical dispensary. These dispensaries are regulated by the state and are the only legal source for purchasing medical cannabis. To purchase medical cannabis, you must first obtain a medical marijuana ID card and be registered with the Pennsylvania Medical Marijuana Program. You will also need to bring your patient ID card and a valid government-issued photo ID with you to the dispensary. If you are not a registered patient, it is illegal to purchase or use cannabis in any form in the state.

Is Recreational Cannabis Legal in Pennsylvania?

Although the medical use of cannabis has been legalized and regulated in the state of Pennsylvania, recreational cannabis remains illegal under Pennsylvania law. Many Pennsylvania residents are hopeful that recreational cannabis legalization will take place in the short term. The laws in Pennsylvania are still fairly strict and penalize residents for possession of cannabis without a medical card.

Has There Been Any Progress Around Recreational Cannabis in Pennsylvania?

There have been no new recreational cannabis laws since the advent of the medical cannabis program, though recreational legislation has been proposed multiple times since 2021. However, illegal possession of cannabis has been decriminalized in the state, as well as in both Philadelphia and Pittsburgh. Residents are no longer subject to an automatic 6-month driver’s license suspension for simple possession of cannabis. The possession of under 30 grams of cannabis is now subject to only a $500 fine statewide. Governor Wolfe has proposed further decriminalization for small amounts of cannabis, as well as expungement and even legalization laws.

What Are the Penalties for Possessing/Using Cannabis in Pennsylvania?

In Pennsylvania, possession of marijuana is a misdemeanor offense for amounts less than 30 grams. Penalties for possession of less than 30 grams can include up to 30 days in jail and a fine of up to $500. Possession of larger amounts of marijuana is considered a felony offense and can result in more severe penalties, including up to one year in prison and fines of up to $5,000, and if you have a prior cannabis conviction, up to $15,000. The possession of cannabis hash or concentrates is also a misdemeanor offense for amounts less than 8 grams. Penalties for possession of less than 8 grams can include up to 30 days in jail and a fine of up to $500. Possession of over the amount of 8 grams of hash or other cannabis concentrate is also considered a misdemeanor offense and can result in more severe penalties, including up to one year in prison and fines of up to $15,000.

Can You Be Denied Employment in Pennsylvania for Medical Marijuana?

In Pennsylvania, it is legal to use medical cannabis with a valid medical cannabis card issued by the state. Employers cannot discriminate against or take adverse action against an employee solely based on their status as a certified medical cannabis user. However, employers in Pennsylvania are not required to accommodate the use of medical cannabis in the workplace.

What Happens if You Fail a Drug Test but Have a Medical Card in PA?

Pennsylvania doesn’t have any protections in place for employees who register as medical cannabis patients. Unfortunately, even if an employer isn’t impaired while at work, if they happen to fail a drug test, the employer can terminate them with no other reason needed.

Where Is it Legal to Possess Cannabis in PA?

Cannabis is illegal for recreational use in Pennsylvania, but possession of small amounts is decriminalized in the state's largest cities and some surrounding areas. These cities are: Philadelphia Phoenixville Norristown Folcroft West Norriton Pittsburgh Lancaster York State College Harrisburg Steelton Allentown Bethlehem Doylestown Erie Medical cannabis can be possessed anywhere in the state by a valid medical card holder, provided they hold no more than a 90-day supply.

Can You Grow Cannabis in PA?

No, growing cannabis is illegal in PA unless you are a certified medical cannabis cultivator. The same is true even if you mean to grow cannabis for your own personal use. Penalties are much more severe for cannabis growth than for simple cannabis possession.

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The State of Marijuana in Pennsylvania

The State of Marijuana in Pennsylvania

By Danyal Swan February 9, 2023

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Marijuana has been leveraged for its benefits for millennia. In fact, it is only within the last hundred or so years that federal and state governments have taken action to prevent Pennsylvanians from accessing its industrial, medicinal, and therapeutic benefits. As both research and common sense prevailed, a wave of medical cannabis laws was implemented beginning in the late 1990s, with most states—including Pennsylvania—following suit over the next twenty years.

So, what is the current state of marijuana in Pennsylvania? Simply put: only medical cannabis is currently legal for approved patients in the state, though some cities have effectively decriminalized cannabis possession for all adults. Let’s dive deeper into Pennsylvania cannabis regulations.

When Did Cannabis Become Legal in Pennsylvania?

Cannabis laws in Pennsylvania have undergone significant changes in recent years, with the state legalizing medical cannabis in 2016. These changes have had a major impact on the lives of Pennsylvanians and have sparked debates about the benefits and drawbacks of recreational legalization. The current laws are far from the first cannabis regulations in the region, and they certainly won’t be the last.

The history of cannabis legality in Pennsylvania is a complex and evolving one.

Here is a timeline of the key events and milestones in the history of cannabis legality in Pennsylvania...

How Have Pennsylvania’s Laws Changed Since Medical Legalization?

1700s-1800s – Early History of Cannabis in Pennsylvania

Cannabis has a long history of use in Pennsylvania, with mention of the plant recorded as early as the colonial era. In fact, William Penn, the founder of what is now the state, was a strong advocate for hemp and legalized its cultivation in the fields of Pennsylvania. By the 1800s, the plant was primarily used for medicinal purposes and was sold in pharmacies and other stores throughout the state. Cannabis was also used as a recreational substance, and it was commonly consumed at social events and gatherings.

In the late 1800s and early 1900s, the passage of various state and federal laws began to restrict the use of cannabis in Pennsylvania. These laws were largely motivated by concerns about criminal behavior tied to the plant. For the most part, the laws were part of a broader movement to regulate and control the use of various substances.

1900s-1960s – Prohibition

In the early 1900s, marijuana was further tied to crime and deviant behavior. This was largely due to the influence of anti-drug propaganda campaigns, which sought to portray cannabis as a dangerous substance. In response to this, many states, including Pennsylvania, passed laws prohibiting the possession, use, and sale of cannabis.

One of the first such laws was the Harrison Narcotics Tax Act of 1914, which imposed federal taxes on the production and sale of cannabis and other drugs. The governor at the time recommended the passage of a state law banning cannabis, which was approved in 1933. This was followed by the federal Marihuana Tax Act of 1937, which imposed further restrictions on the sale and possession of cannabis.

1970s-2000s – Criminalization, Decriminalization, and Medical Cannabis

After the complete outlawing of cannabis with the successful passage of the 1970’s Controlled Substance Act, the outlook for hemp and cannabis development in the United States was bleak at best. However, in the decades that followed, there were several efforts to reform cannabis laws in Pennsylvania.

In the 1990s, for example, advocacy groups and individuals began to push for the legalization of medical cannabis, arguing that it could be used to treat a range of conditions, including chronic pain and epilepsy. Despite these efforts, the state of cannabis in Pennsylvania remained unchanging until 2014, when Philadelphia became the first city in Pennsylvania to decriminalize cannabis possession. Now, possession of up to 30 grams of cannabis is punishable by only a $25.00 fine.

2016 – Legalization for Medicinal Use

In 2016, the Pennsylvania General Assembly took another major step toward cannabis legalization by passing Assembly Bill 3, otherwise known as the Medical Marijuana Act. This law established a medical cannabis program in the state, allowing patients with certain qualifying medical conditions to obtain and use cannabis for medicinal purposes. The program was officially implemented in 2018 when the first patients were able to begin purchasing cannabis for medical use. It has since been expanded to include more qualifying conditions and forms of cannabis.

2018-2019 - Public Opinion Is Finally Sought

After medicinal marijuana sales officially began, Governor Tom Wolf began an unofficial poll of Pennsylvania residents to determine the populace’s opinion on recreational cannabis. After learning that many residents supported the idea of legal cannabis, the Assembly nearly unanimously passed House Bill 163, which reversed an existing law that penalized cannabis possession with a mandatory six-month driver’s license suspension.

Wolf and Lieutenant Governor Fetterman engaged in a listening tour in 2019 that revealed that nearly 70% of those polled supported full cannabis legalization.

2020s

In the years since the passage of the Medical Marijuana Act, the cannabis industry in Pennsylvania has grown significantly. In 2021, Governor Wolf signed an update to the bill, adding more conditions to the approved list. As we enter 2023, there are more than 160 licensed dispensaries in the state, and the market is estimated to be worth over one billion dollars. There has been growing support for the legalization of recreational cannabis in the state, with several advocacy groups and politicians pushing for reform.

It remains to be seen how these groups will continue to shape the landscape of cannabis use in the state, but it’s obvious the plant will continue to play a significant role in the lives of Pennsylvanians for years to come. Many assume that recreational legalization is just around the corner. If this happens, it will make Pennsylvania the 22nd state to legalize recreational cannabis.

What Are the Current Cannabis Laws in Pennsylvania?

Cannabis laws in Pennsylvania have experienced some critical additions and changes over the past several years.

Here is an overview of the current cannabis laws in Pennsylvania.

In Pennsylvania, it is legal to use medical cannabis for certain medical conditions per the Pennsylvania Medical Marijuana Act, signed into law in 2016.
The approved list of conditions was updated to 17 qualifying conditions and paved the way for special exceptions in 2021.
Medical cannabis can only be purchased at licensed medical dispensaries in Pennsylvania.
The Pennsylvania Medical Marijuana Act requires that medical marijuana products be tested for potency and contaminants before they are sold to patients.
In Pennsylvania, it is illegal to use cannabis for recreational purposes.
Possession of small amounts of cannabis by non-medical users (less than 30 grams) is a misdemeanor offense in Pennsylvania, punishable by up to 30 days in jail and a fine of up to $500.
Possession of larger amounts of cannabis (more than 30 grams) is a felony offense in Pennsylvania, punishable by up to 5 years in prison and a fine of up to $5,000.
Possession of larger amounts of cannabis (more than 30 grams) is a felony offense in Pennsylvania, punishable by up to 5 years in prison and a fine of up to $5,000.
Possession of 10 pounds is punishable up to three years in prison and a $15-30,000 fine depending on prior offenses.
The illegal sale or distribution of cannabis by anyone other than a licensed medical dispensary is a felony offense in Pennsylvania, punishable by up to 5 years in prison and a fine of up to $15,000.
The unapproved cultivation of cannabis is a felony offense in Pennsylvania, punishable by up to 5 years in prison and a fine of up to $15,000.
Both Pittsburgh and Philadelphia have decriminalized possession of cannabis under one ounce.
In Pennsylvania, it is legal for anyone to use and possess hemp-derived CBD products if they contain less than 0.3% THC.
Hemp-derived CBD products are available for purchase at licensed dispensaries and online retailers in Pennsylvania.
The Pennsylvania Department of Health is responsible for regulating the medical marijuana program in the state.
In 2018, the Pennsylvania Department of Agriculture approved the cultivation of industrial hemp for research purposes.
The Pennsylvania Department of Agriculture is responsible for regulating the cultivation and processing of industrial hemp in the state.
In 2019, the Pennsylvania legislature passed a bill to legalize the sale of hemp-derived CBD products.
The use of medical marijuana is still not legal under federal law, although the federal government has taken steps to allow states to legalize and regulate marijuana for medical and recreational purposes.

How to Qualify for a Medical Marijuana Card Under the Medical Marijuana Act

Under the Medical Marijuana Act, which was signed into law in April 2016, individuals with certain medical conditions can use cannabis for medicinal purposes.

To qualify for medical cannabis, patients must have one of the following diagnosed conditions:

Cancer
HIV and AIDS
ALS
Parkinson's disease
MS
Epilepsy
Persistent seizures
IBS
Neuropathy
Hepatitis C

Huntington's disease
Crohn's disease
PTSD
Glaucoma
Autism
Sickle cell anemia
CNS damage and related neuropathies
Chronic pain
Certain addictions

Patients must also have a recommendation from an approved healthcare practitioner and complete official registration with the Pennsylvania Department of Health. Once registered, patients can purchase medical marijuana from one of the state's approved dispensaries. To obtain a medical cannabis recommendation, patients must first register with the state's Medical Marijuana Program and receive a certification.

Pennsylvania Cannabis Taxation and Regulation

The Pennsylvania Department of Health currently regulates the cultivation, processing, and sale of cannabis. The Department issues licenses to cultivators, processors, and retailers and will enforce regulations to ensure the safety and quality of the cannabis products sold in the state. Medical marijuana growers and processors in the jurisdiction of the Medical Marijuana Act (MMA) are required to pay a 5% tax on the sale of medical marijuana to dispensaries, but the MMA prohibits dispensaries from inflicting this tax on the buyers of medical marijuana.

In other words, the cost of medical cannabis in Pennsylvania is not controlled by cannabis taxes. This tax is a requirement for growers and processors and is not intended to be a burden on the buyers of medical marijuana.

Pennsylvania Employment Regulations

Under the Medical Marijuana Act, employers are not required to allow the use of cannabis in the workplace. Employers are also not required to accommodate employees who use cannabis outside of work. Employers are still allowed to drug test employees and can take disciplinary action if an employee tests positive for THC.

Pennsylvania Cannabis Use Restrictions

There are some restrictions on the use of cannabis in Pennsylvania. For example, it is illegal to consume cannabis in public or drive while under the influence of cannabis. Medical cannabis patients must purchase and use only the cannabis provided at Pennsylvania medical dispensaries. Patients may not purchase recreational cannabis from neighboring states and bring it back into Pennsylvania to hold or consume.

Pennsylvania's medical cannabis laws have undergone several changes since the state legalized medical cannabis in 2016.

Some of the key changes that have been made to the state's medical cannabis laws include the following:

Expansion of qualifying conditions—Initially, only a limited number of medical conditions were eligible for treatment with medical cannabis in Pennsylvania. However, the state has gradually expanded the list of qualifying conditions to include more conditions, such as anxiety, chronic pain, and insomnia.
Increased access to medical cannabis—In the early days of Pennsylvania's medical cannabis program, patients faced significant barriers to access, including limited availability of medical cannabis products and high prices. Over time, the state has worked to increase access to medical cannabis by adding more dispensaries and producers, as well as offering discounts to eligible patients.
Changes to the program's regulatory structure—The state has also made changes to the regulatory structure of its medical cannabis program, including creating a Medical Marijuana Advisory Board to advise the state on issues related to the program and establishing a process for the licensing of additional medical cannabis growers and processors.

Overall, Pennsylvania's medical cannabis laws have become more patient-friendly and have improved access to medical cannabis for those who are eligible to participate in the program.

Pennsylvania Cannabis FAQ

The answers to these frequently asked questions about cannabis in Pennsylvania can help you make sense of PA cannabis laws.

Are You Ready to Register for Medical Cannabis in PA?

Fill out this form for help becoming a Pennsylvania Medical Marijuana Patient!

And, when you’re ready to start selecting your top-shelf medical cannabis, you can turn to the trusted staff at Zen Leaf Dispensaries. With locations in Altoona, Harrisburg, York, Abington, Malvern, Sellersville, Cranberry Township, Monroeville, New Kensington, Washington, Chester, Philadelphia, Pittsburgh, West Chester, and Wynnewood, it’s easy to find a PA dispensary near you to meet your medical marijuana needs.

References:

Pennsylvania General Assembly. Statutes of Pennsylvania. (2022). Amending Act 16 of 2016. https://www.legis.state.pa.us/cfdocs/billinfo/AmendingLegis.cfm?Act=16&ActSessYear=2016&ActSessInd=0&SessYear=2021&SessInd=0
CommonWealth of Pennsylvania. Getting Medical Marijuana. https://www.pa.gov/guides/pennsylvania-medical-marijuana-program/
(n.d.). Section 7508 - Title 18 - CRIMES AND OFFENSES. https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/18/00.075.008.000..HTM
Savage, H. (2022, June 2). How do Philly’s marijuana laws work? https://www.inquirer.com. https://www.inquirer.com/philly-tips/marijuana-laws-philadelphia.html

Danyal Swan

Author

Digital Content Manager for MÜV Florida and Zen Leaf Dispensaries. A cannabis connoisseur with a passion for explaining the miraculous possibility of the plant, Swan began her journey with cannabis as a recreational user and quickly realized its positive impact on her depression and severe anxiety. She joined the cannabis industry as Receptionist and MedTender and witnessed first-hand the immense potential of the plant for a wide variety of ailments, deepening her passion for alternative medicine. Swan is dedicated to self-education on the plant and sharing its potential with all. She holds a Journalism degree from the University of Iowa.