PA DOH Updates Clinical Registrant Requirements in Med-Marijuana Law

The Pennsylvania Department of Health (DOH) has recently discussed an attempt to clarify the clauses within an arguably unclear chapter about hospitals and clinical registrants in the state that can sell or dispense medical marijuana. However, this clarification effort has revealed possible conflicts or contradictions, as well as new regulations that had not existed in previous legislature.

According to the new rules and regulations that define the temporary regulations in Pennsylvania, it appears that the fully integrated hospital groups – there are eight in total at this time – must actually conduct “real studies” that lead to “real results” in order to become an approved clinical registrant. Previously, there was no mention of mandatory study participation to receive an official seller or dispensary permit. This already has the potential to create significant conflict, namely on whether or not these regulations allow a dispensary opened by a clinical registrant to sell medical marijuana products to all card carrying patients, or just to those involved in the studies that clinical registrant is conducting.

The studies that a clinical registrant conducts must first be approved by the Department of Health. This could create delays or additional confusion if a clinical registrant has difficulty complying with the proposed study. It also adds another element of tracking who is approved to use what forms of medicinal marijuana from a single dispensary or clinic, as well as potential new intricacies in the Medical Marijuana Program Electronic Tracking System (discussed briefly here).

The full rules and regulations can be found by clicking here and viewing a PDF file released by the Department of Health. It is the most recent draft put forward and is not final. Interested parties can submit comments to the DOH and are encouraged to do so.

Items that we have found of particular interest in this document are:

  • Page 4 – line 1 (d) and line 4 (e)
  • Page 6 – line 1 (i), line 5 (ii), and line 9 (iii)
  • Page 7 – line 23 (4), carried onto page 8
  • Page 8 – line 19 (6), carried onto page 9
  • Page 9 – line 7 (a) and line 19 (a)
  • Page 10 – line 1 (b), line 12 (e), and line 16 (a)
  • Page 13 – line 6

More information about regulations and potential changes to legislation can be found on the Pennsylvania Medical Marijuana Program website. You can also keep an eye on our blog for crucial updates. As Pennsylvania’s premier medical marijuana law firm and a proud partner of the American Trade Association of Cannabis and Hemp (ATACH), Sacks Weston LLC closely follows or interacts directly with all medical marijuana legislation being discussed and formed in the state. Contact us online if you would like to know more about our work and legal services.