Pa. Relaxes Medical Pot Regs Amid Coronavirus Pandemic

By Jack Queen
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Law360 (March 23, 2020, 4:55 PM EDT) -- Pennsylvania health regulators have authorized curbside delivery of prescription cannabis and waived in-person doctor consultations for medical marijuana card renewals, part of a widening effort by states to ensure patient access to marijuana amid the coronavirus pandemic.

The Friday emergency measures by the Pennsylvania Department of Health also extend the 30-day supply limit on cannabis prescriptions to 90 days and waive a cap on the number of patients that can be served by caregivers, who deliver medication from dispensaries. The new rules also suspend background check requirements for caregivers' license renewals.

"In the midst of COVID-19, we need to ensure medical marijuana patients have access to medication," Pennsylvania Secretary of Health Rachel Levine said in a statement Friday. "We want to be sure cardholders in the medical marijuana program can receive medication for one of 23 serious medical conditions during this difficult time."

Pennsylvania has now joined Colorado, Illinois, Maryland, Michigan, Oregon and Washington in allowing curbside delivery of medical marijuana in dispensary parking lots. Several other states have also deemed dispensaries essential businesses that may remain open amid widespread business closures intended to stem the spread of the coronavirus.

The moves by states come as cannabis lobbying groups and patient advocates have pushed for continued access to medical marijuana during the outbreak, citing local laws that conflict with current public health guidance on the coronavirus by requiring in-store transactions and in-person consultations with doctors.

In recent weeks, states have tweaked various parts of their cannabis control regimes with an eye toward easing access. But cannabis and patient advocacy groups continue to press lawmakers to continue trimming red tape around medicinal cannabis, urging flexibility in uncertain and unprecedented times.

The groups have also warned that restrictions on delivery and in-store verification requirements could push patients to the black market, exposing them to unregulated, potentially dangerous products and giving a boost to illegal dealers at the expense of legitimate cannabis businesses.

The nonprofit Marijuana Policy Project on Friday offered a host of policy prescriptions to ensure cannabis access in an open letter to states, urging them to encourage online ordering, delivery and telemedicine consultations. The group said states should also extend renewal deadlines for medical marijuana cards until the COVID-19 crisis has abated.

"Cannabis is a crucial part of the treatment regimens of hundreds of thousands of individuals, including many who have vulnerable immune systems because of their advanced age or a serious medical condition," the group wrote. "For these individuals, the uncertainty created by the crisis we face is compounded by the prospect of losing access to a treatment option that is essential to their wellbeing."

--Editing by Janice Carter Brown.

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