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Pennsylvania House of Representatives
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House of Representatives
Session of 2023 - 2024 Regular Session


Posted: March 1, 2023 09:57 AM
From: Representative Jim Rigby
To: All House members
Subject: Updating the Medical Marijuana Program Regarding Dispensary Permits
In the near future, I plan to introduce legislation to amend Act 16, the Medical Marijuana Act, to provide independent growers/processors the ability to obtain dispensary permits. 

As envisioned, the Medical Marijuana Act does not allow growers/processors to sell directly to patients.  Rather, they must sell their products to Department of Health approved dispensaries, who then sell those products to certified patients under the medical marijuana program.  However, while this program was starting and permits were being awarded, larger growers/processors were able to obtain dispensary permits, thus enabling them to sell directly to patients.  For smaller independent growers/processors that were unable to obtain dispensary permits, they did not have this ability to sell directly to patients and were left with the option of trying to sell their products to dispensaries that were owned by larger growers/processors.  This have proven to be a difficult task and has left many small businesses in financial peril and with an excess of products that they are not able to provide to patients.  In the end, an unfair playing field has developed and left these smaller businesses with little recourse.

Dispensary permits that have already been legally issued cannot be taken away without due process, and I am not advocating that these permits be taken away.  Rather, the fairer solution would be to allow these independent growers/processors the opportunity to obtain their own dispensary permits so that they may have a greater ability to sell their products directly to patients.  With that, I am proposing legislation that will authorize the Department of Health to grant up to two dispensary permits to these growers/processors provided they meet the requirements under the law.

My bill will allow these businesses to compete on a more level playing field and provide more products for patients in the program.  With more supply, the cost of these products may become more affordable as well.

Please join me in co-sponsoring this important piece of legislation.

Introduced as HB1042