Pennsylvania House Passes Bill to Expand Medical Marijuana Access for Terminally Ill Patients

Pennsylvania’s full House of Representatives has voted overwhelmingly to pass legislation that would require health care and long-term care facilities to allow terminally ill patients to use medical marijuana under specific conditions.

House Bill 2254 was approved today through third consideration and final passage in a 174 to 27 vote, sending the measure to the Senate. The proposal was filed by State Representative Dan Frankel (D) and has 20 additional Democratic sponsors.

The bill would amend Pennsylvania’s Medical Marijuana Act by adding a new chapter focused on compassionate access. Under the measure, health care facilities, long-term care nursing facilities, assisted living residences and personal care homes would be required to allow a terminally ill patient to use or be administered medical marijuana if several conditions are met.

Those conditions include that the marijuana does not interfere with the patient’s treatment plan, is in a form allowed under state law and is not smoked, vaporized or used in another way that could affect care for other patients. The patient and any caregiver would also need to present valid medical marijuana identification cards, and the use or administration of marijuana would need to be documented in the patient’s medical record.

Facilities would be required to develop written guidelines within 180 days, including rules for locked storage, documentation, patient and employee safety, allowed product forms and compliance with state law.

The measure would not require facilities to provide a medical marijuana certification, include marijuana in a discharge plan or administer marijuana themselves. It also would not apply to patients receiving emergency services or those in emergency departments, psychiatric hospitals, behavioral health crisis centers, medical detox facilities, residential drug and alcohol rehabilitation facilities or other psychiatric or addiction treatment facilities.

The bill includes liability protections for facilities and employees acting in good faith, while allowing civil penalties of up to $500 per violation per day for facilities that violate the chapter or related regulations.

Under the measure, the Department of Health, in consultation with the Department of Human Services, would be required to create sample guidelines and hold at least five educational sessions for facilities. The section requiring facilities to allow access would take effect in 270 days, while most of the rest of the bill would take effect in 90 days.