Pennsylvania Bill Would Allow Medical Marijuana Patients to Grow Marijuana at Home Plus Other Improvements to Program

Two PA lawmakers are working on a new bill for home grow

Photo byRyan LangeonUnsplash

Two Pennsylvania lawmakers want to make it legal for medical marijuana patients to grow their own supply of cannabis. PA State Senators Sharif Street (D-Philadelphia) and Dan Laughlin (R-Erie) are planning to introduce a bill that would allow users to grow a limited number of plants at home for personal use.

The Medical Marijuana Home Cultivation Bill would allow patients of the PA medical marijuana program to start growing their own plants at home. According to The Marijuana Policy Project, 15 of the 19 states have legalized adult-use cannabis and about half of the medical cannabis states allow for personal cultivation.

“It is critical that policy meet people where they are,” said the lawmakers. “By allowing medical marijuana patients to grow cannabis plants at home, we can help ease the cost and accessibility burdens for this important medicine. This legislation would go a long way towards helping everyday Pennsylvanians meet their health needs and ensuring everyone is treated equitably and fairly under Act 16.”

Currently, under PA state law, you have to have one of the medical conditions laid out by the state to be considered for medical marijuana treatment. The list of 24 "serious medical conditions" can be found on this website.

But lawmakers are attempting to change that as well. Legislation that would allow a doctor to prescribe medical marijuana regardless of their medical condition is currently advancing in the PA Senate.

Along with eliminating the 24 conditions that are currently allowed to be treated by medical cannabis, the bill would eliminate the expiration date on the medical card, allowing patients to continue their treatment without being burdened by the cost of recertification.

The bill is sponsored by committee Chairman Mike Regan (R-Cumberland & York Counties). His bill, as well as a separate measure sponsored by Senator Dan Laughlin (R-Erie County), the committee also approved by a 10-1 vote, would allow cannabis products to be sold in edible forms. Regan’s bill also would allow it to be administered through inhalation.

“The ultimate goal is to reduce restrictions on medical marijuana organizations and to reduce the cost and burden on patients through such efforts as eliminating the expiration of medical ID cards and the list of serious medical conditions,” Regan said during the committee meeting. “Nowhere do we dictate to doctors what conditions a patient must have for them to prescribe medication.”

Laughlin's concern about allowing PA medical marijuana patients to access edibles, such as gummies and bakery items, is that some of his constituents in Erie County are purchasing THC edibles from a nearby Indian reservation in New York.

“Constituents drive up there and, quite frankly, I don’t know who’s manufacturing those products. I don’t know if they’re being tested for potency or anything really,” Laughlin said. “From my standpoint, passing a bill like this is not only convenient for my medical patients who live in my district but also for their safety.”

Laughlin's bill was slightly amended in committee to make sure that edible packaging would not be attractive to people under the age of 21. They want it to look clean and sterile, like medication in a regular pill bottle.

Regan also held numerous hearings last year on legalizing marijuana for recreational use. He sees it as a way to fight back against the drug cartels profiting off of American drug use. He also wants to ensure that people who do use marijuana are getting a safe, trustworthy product.

Regan has the support of Governor Josh Shapiro, who indicated during his campaign that he would like to legalize recreational cannabis, but the majority of Republicans have yet to jump on board. Convincing them to support this measure could prove to be a difficult task.

“Maybe a softening will come when we get to a point where we have true financial issues and trying to make ends meet on the budget,” Regan said.

The Pennsylvania Independent Fiscal Office estimated in 2021 that legalized adult-use marijuana could generate $400 million to $1 billion in new tax revenue for the Commonwealth.

As of May 2022, Pennsylvania has more than 700,000 medical marijuana patients.