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Patients do have some restrictions on how they can use the substance. They are not allowed to grow marijuana, drive under the influence of it, give or sell it, possess it on school grounds, use the drug in a public place, smoke it, used the dried or whole plant forms, use medical marijuana in a workplace while performing dangerous activities, or purchase food or drinks with marijuana.

Applicants who are caring for children who qualify for medical marijuana can apply through “safe harbor” letters which will protect them from prosecution. John Collins, head of the Office of Medical Marijuana, stated in December of 2016 that 134 safe-harbor applications had already been approved.

Patients under 18 years of age can receive medical marijuana under the contingency that they have a caregiver who is approved by the Department to obtain it. A caregiver is a parent, guardian, or some individual approved by the Health Department. Each caregiver can assist five patients. They must also apply for a medical marijuana identification card.

Physician Qualifications

The Health Department is working with physicians to establish clear guidelines for doctors as well as training on dosage. These discussions include developing flexibility in regulations for different parts of the state.

To participate in the program, a physician must be certified through the Department of Health. If accepted, the Department will issue an identification card that will allow them access to the drug through a state-permitted dispensary. This card also serves as protection from the law if they are apprehended with any amount of medical marijuana. The physician must be registered with the Department of Health through a valid license to practice medicine in PA and will have to take a four-hour course administered by the Department.

Once qualified, a doctor can’t do certain things when making a certification. He/she cannot conduct exams through telemedicine, receive pay or refer patients to marijuana businesses, conduct exams where marijuana is sold, have any economic involvement with a grower or dispensary, advertise a cultivation center or dispensary, help patients acquire the drug, or offer advice on usage.

Growing

Under the new law, patients and doctors cannot grow their marijuana. Instead, the state will license up to 25 growers and processors to grow and distribute medical marijuana to dispensaries. Anyone seeking to attain one of these licenses must pay an initial application fee of $10,000. In their application, they have to provide an affidavit proving that they have at least $2 million in capital, with half a million in deposit in a financial institution.