Presentation by Patrick K. Nightingale, Esq. Executive Director of the Pennsylvania Medical Cannabis Society

1. Latest Developments in PA’s
Medical Cannabis Law
Patrick K. Nightingale, Esq.
Executive Director
Pennsylvania Medical Cannabis Society

2. Act 16 creates a regulated system of
grows and dispensaries
• 25 grow/processing licenses
– Integrated growing/processing of medical cannabis
– $10,000 non-refundable application fee
– $200,000 first year license fee
– $10,000 annual renewal
– License is transferrable
– 5 integrated grow/processing & dispensary licenses
– $2,000,000 in capital of which $500,000 must be cash on
deposit

3. Grow/Processing Application
• Application form to be published in PA Bulletin and on DOH
Website
• Strict time frame – untimely apps will be rejected
• Evaluative criteria to be published in PA Bulletin
• PAMCS supports fully transparent, merit based points system
for applications

4. Application requirements
• Legal name of entity and name of every principal, operator,
financial backer and employee
– Criminal history checks required
• Relevant MMJ or similar licensed entity
– Profit or nonprofit? Health care sector? Relevant
disciplinary actions
• Local zoning ordinances and proof of local municipal support
• Proof of Applicant’s compliance with any existing tax liabilities
• Worker’s comp and liability insurance
• Duties of each team member

5. Operational Plan
• Security plan
• Inventory management
• Employee training
• Storage and labeling
• Diversity goals
• Quality control
• Diversion prevention

6. What is “Safe Harbor?”
• Children with a qualifying condition may apply for a letter
granting them legal protection
• May possess and consume “medical cannabis products”
sourced from a legal medical cannabis state
• Risks violating state and federal law, but protected once in PA
• Child may only possess a medical cannabis product as defined
by Act.

7. Qualifying Conditions
• HIV/AIDS, Cancer, ALS, PTSD, Autism, Glaucoma, Chronic
neuropathic pain, Parkinson’s, MS, Epilepsy, Severe seizure
disorder, IBS, Crohn’s , Neuropathies, Sickle Cell Anemia,
Huntington's Disease
• Growers/Processors will be responsible for determining what
products to produce for patients
• Estimated patient population of up to 200,000 – 215,000
• Conditions may be added by the DOH beginning in May,
2018

8. Medical Cannabis Products
• Oil
• Pill
• Tincture
• Topical
• Liquid
• A form medically appropriate for vaporization or nebulization
excluding dry leaf form
*Dry leaf may be added as a medicinal cannabis product in
May, 2018

9. Requirements for Patients
• Must be treating for one of the listed qualifying conditions
• Bona fide physician patient relationship
• Physician recommendation
• Patient registry – identification card
• Must keep medicinal cannabis with packaging from
dispensary

10. Requirements for Physicians
• Bona fide physician patient relationship
• Complete 4 hour training course to be developed by the DOH
• Physician registry
• May not possess financial interest in grow or dispensary

11. Issues Moving Forward
• What products will growers/processors produce?
• What about patients in long term care facilities or in
hospitals?
• Adding qualifying conditions and dry leaf
• Patient access and affordability
• Indigent patient access