Pennsylvania: Medical Marijuana Handbook
Pennsylvania Marijuana Tax Rate
|Sales Tax Medical
|Excise Tax Medical
|Max Medical Tax
|Sales Tax Recreational
|Excise Tax Recreational
|Max Recreational Tax
2024 Pennsylvania Medical Marijuana Handbook
Pennsylvania has 6 bordering states consisting of Delaware, Maryland, New Jersey, New York, Ohio, and West Virginia.
Medical marijuana is legal in Delaware , but there is no cannabis sales tax on it. There is no cannabis excise tax charged on medical marijuana in Delaware.
Medical marijuana is legal in Maryland , but there is no cannabis sales tax on it. There is no cannabis excise tax charged on medical marijuana in Maryland.
Medical marijuana is legal in New Jersey and is subject to a cannabis sales tax of 2%. There is no cannabis excise tax charged on medical marijuana in New Jersey.
Medical marijuana is legal in New York , but they choose not to tax medical marijuana. There is, however, a 7% cannabis excise tax on all sales of medical marijuana in New York.
Medical marijuana is legal in Ohio and is subject to a cannabis sales tax of 5.75%. There is no cannabis excise tax charged on medical marijuana in Ohio.
Medical marijuana is legal in West Virginia , but they choose not to tax medical marijuana. There is, however, a 10% cannabis excise tax on all sales of medical marijuana in West Virginia.
Medical Marijuana is illegal in so there is no tax on medical marijuana in those states.
About Pennsylvania Medical Marijuana
Is medical marijuana legal in Pennsylvania?
Yes, medical marijuana is legal in Pennsylvania
When and how did Pennsylvania legalize marijuana for medical use?
Pennsylvania legalized medical marijuana in 2016. This law was passed using Senate Bill 3 . The official name for this law is the Medical Marijuana Act
Pennsylvania Medical Marijuana possession limits
- 90-day supply
It is unlawful to smoke medical marijuana or incorporate it in edible form except to aid with ingestion of the medical marijuana.
Is it legal to grow marijuana for medicinal use at home in Pennsylvania?
No, medical marijuana patients are not allowed to grow marijuana for medicinal use a home.
Are there medical dispensaries available to patients?
Yes, as long as the patient presents the appropriate documentation for Pennsylvania.
- A physician or pharmacist must be available either in person or by synchronous interaction to verify patient certifications and to consults with patients and caregivers at a dispensary during all hours is open. If the dispensary has more than one location, a physician’s assistant or nurse practitioner may substitute. All providers, however, must undergo a 4-hour training course with instruction on the latest scientific research and other information on medical marijuana.
- dispensaries cannot be located within 1000 feet of the property line of a school or a day-care center, at a site used for growing and processing medical marijuana, or in the same office space as a practitioner or other doctor
- marijuana can only be dispensed in the following forms: pill, oil, tincture, liquid, a form medically appropriate for administration by vaporization or nebulization excluding dry leaf or plant form, and topicals such as gels, creams or ointments
- Dispensaries can dispense medical marijuana in accordance with a curbside delivery protocol
Is there a list of specific conditions for medical marijuana in Pennsylvania?
- cancer including remission therapy
- amyotrophic lateral sclerosis (ALS)
- Parkinson’s disease
- multiple sclerosis
- damage to the nervous tissue of the central nervous system (brain-spinal cord) with objective neurological indication of intractable spasticity and other associated neuropathies
- inflammatory bowel disease
- Huntington’s disease
- Crohn’s disease
- post-traumatic stress disorder
- intractable seizures
- sickle cell anemia
- severe chronic or intractable pain of neuropathic origin or severe chronic or intractable pain
- neurodegenerative diseases
- terminal illnesses
- dyskinetic and spastic movement disorder
- opioid use disorder for which conventional therapeutic interventions are contraindicated or ineffective or for which adjunctive therapy is indicated in combination with primary therapeutic interventions
The list above, and more detailed information on it, can be found in the Pennsylvania medical marijuana law
Does Pennsylvania have a medical registry system or ID card?
Yes, Pennsylvania keeps track of their medical marijuna patients.
- cards are $50 unless the patient can demonstrate financial hardship;
- cards are valid for a period of 1 year although the prescribing medical professional can designate a shorter amount of time for the card to be valid;
- patient can designate up to 5 caregivers;
- The identification card may also state any requirement or limitation by the practitioner as to the form of the medical marijuana for the patient;
- cards will be revoked if the patient does not visit a dispensary within 60 days from the issuance date of the card or if the prescribing practitioner notifies the department that the patient no longer qualifies for medical marijuana
Does Pennsylvania recognize patients from other states?
No, Pennsylvania does not recognize patients from any state.
Are there any age restrictions for medical marijuana in Pennsylvania?
- a minor patient must have a caregiver who is either a parent or legal guardian, an individual designated by a parent or legal guardian, or an appropriate individual approved by the Department upon a sufficient showing that a parent or legal guardian is not appropriate or available;
- minor patients are issued medical marijuana patient authorization letters rather than identification cards. There is no fee for an authorization letter, and the letter is subject to the same terms and conditions as an identification card.