Medical Marijuana

1. We have evening and weekend appointments, upon request

2. We have one main office and 3 satellite offices to serve you: Lancaster, Willow Street, York and Ephrata

3. We make house calls when necessary

4. We are a General Practice Law Firm

5. We handle Personal Injury, Workers’ Compensation, Domestic, Criminal, General Civil, Wills and Estates, Social Security, Education Law, Veterans’ Work, Medical Marijuana Issues.

Call us for all your legal needs.

Pyfer Reese Straub Gray & Farhat PC

Lancaster

128 North Lime Street

Lancaster, PA 17602

717.299.7342

Willow Street

2801 Willow Street Pike

Willow Street, PA 17584

717.464.5900

York

2550 Kingston Road

Suite 310

York, PA 17402

717.650.6707

Ephrata

115 South State Street

Ephrata, PA 17522

717.733.7997

 

The Pennsylvania Legislature recently enacted the Medical Marijuana Act, allowing patients suffering from certain serious medical conditions to obtain a prescription for medical marijuana from an approved practitioner.  Patients can then physically obtain the marijuana from a licensed dispensary.  By the beginning of April 2018, there were 7,000 approved medical marijuana cardholders across Pennsylvania. 

Although the medical marijuana available to those who qualify is not quite the same as marijuana being sold on the streets, medical marijuana does contain varying levels of the active compound THC.  THC is classified as a Schedule I controlled substance under Pennsylvania laws and Federal laws.  Possessing a medical marijuana identification card allows you to possess and use medical marijuana in Pennsylvania.*  However, possessing a prescription card for medical marijuana DOES NOT excuse someone from Pennsylvania’s Driving Under the Influence laws. 

It is a crime in Pennsylvania for ANY individual to operate or be in actual physical control of a vehicle when there is ANY amount of a Schedule I controlled substance or metabolite of a Schedule I controlled substance, including THC, in an individual’s blood.  While there are minimum levels of the controlled substance that must be present for prosecution purposes, those levels are very low, especially for those who may be taking medical marijuana on a regular basis.   

Again, beware that possessing a medical marijuana card does not excuse you from abiding by the zero tolerance DUI controlled substance laws in Pennsylvania.  If you are receiving medical marijuana from a licensed dispensary, think twice before getting behind the wheel.  A DUI conviction comes with possible jail time, costly fines, as well as a suspension of your Pennsylvania Driver’s license and other penalties. 

What this means for you:  If you have questions about the Medical Marijuana Act or a DUI in general, we can help you. Make Pyfer Reese your choice – visit www.pyferreese.com or call 717.299.7342 to schedule a consultation with Attorney Heather Adams.

 

Despite medical cannabis laws in 46 states, cannabis is still illegal under federal law.

The federal government regulates drugs through the Controlled Substances Act (CSA) (21 U.S.C. § 811), which does not recognize the difference between medical and recreational use of cannabis. These laws are generally applied only against persons who possess, cultivate, or distribute large quantities of cannabis.

Under federal law, cannabis is treated like every other controlled substance, such as cocaine and heroin. The federal government places every controlled substance in a schedule, in principle according to its relative potential for abuse and medicinal value. Under the CSA, cannabis is classified as a Schedule I drug, which means that the federal government views cannabis as highly addictive and having no medical value. Doctors may not “prescribe” cannabis for medical use under federal law, though they can “recommend” its use under the First Amendment.

In Pennsylvania, on April 12, 2016, Senate Bill 3 was approved by the Senate, and by the House on April 13, 2016, and was signed into law on April 17, 2016, effectively removing all state-level criminal penalties on the use and possession of medical marijuana by patients who possess a signed recommendation from an approved physician stating that medical marijuana “may mitigate” his/her debilitating medical symptoms.

Patients in Pennsylvania diagnosed with one of the following severe, debilitating, or life-threatening medical conditions, are afforded legal protection under the Pennsylvania medical marijuana law, as per Senate Bill 3— “The Pennsylvania Medical Marijuana Program”:

Cancer

HIV/AIDS

Amyotrophic lateral sclerosis (ALS)

Parkinson’s disease

Multiple sclerosis

Damage to the nervous tissue of the spinal cord with objective neurological indication of intractable spasticity

Epilepsy

Inflammatory bowel disease (including Crohn’s Disease & Ulcerative Colitis)

Neuropathies

Huntington’s disease

Crohn’s disease

Post-traumatic stress disorder (PTSD)

Intractable seizures

Glaucoma

Sickle cell anemia

Severe chronic or intractable pain of neuropathic origin or severe chronic or intractable pain in which conventional therapeutic intervention or opiate therapy is contraindicated or ineffective

Chronic Inflammatory Demyelinating Polyneuropathy

Autism

Terminally ill, where a medical prognosis of life expectancy of approximately one year or less if the illness runs its normal course

Effective August 2, 2016, ulcerative colitis has been added as a qualifying medical condition for the therapeutic use of cannabis. This is the result of the passage of HB 1453 (Chapter 173:1 of the Laws of 2016).

     Therefore, a patient in Pennsylvania with a qualifying diagnosis and a prescription from a qualified physician is eligible to receive and use medical marijuana. However, the individual and his or her caregivers must be mindful of the conflict between federal and state law. If you have questions please contact one of our offices today to have your circumstances evaluated.

  Please note:  This post presents information only regarding medical marijuana, not legal advice. As a reminder, federal law applies throughout the United States (not just in D.C. or on federal property). Under federal law, all cannabis use is illegal; there is no differentiation for medical marijuana.

Q:  Do you have any general questions about Medical Marijuana? State Law? Federal? Potential Criminal Charges?

A: Contact Attorneys Heather Adams or Chris Patterson

Q: Does your question about Medical Marijuana relate to your treatment for a Workers’ Compensation case, your Social Security case, your Personal Injury case?

A:  Contact Attorneys Gabriella H. Farhat and Lauren Martin in our office.