After years of waiting and numerous amendments to Senate Bill 3 (“SB3”) Pennsylvania is one step away from legalizing medical marijuana. SB3 was approved by the Senate last May by a 40-7 vote. Earlier this year, the House significantly amended SB3 and approved the amended SB3 by 149-43 vote. The amended SB3 was then sent to the Senate for review and approval. On April 12, 2016, the Pennsylvania Senate again amended SB3 and voted 42-7 in favor of the latest version of SB3.
The Senate had some concerns with the House amendments to SB3. Specifically, the Senate was concerned with the House amendment prohibiting the location of medical marijuana dispensers within 1000 feet of schools and daycares. Not a major problem in rural parts of the State but likely to create patient access problems within Pennsylvania’s bigger cities of Philadelphia and Pittsburgh. The Senate amended SB3 to allow the Department of Health to grant a waiver of the prohibition if it is shown by clear and convincing evidence that the waiver is necessary to provide adequate access to patients. A waiver may include additional security, physical plant of a facility or other conditions necessary to protect children. The Senate also removed a provision allowing growers and dispensers to circumvent the 1000 foot prohibition if the proposed location was located in the tax free Keystone Opportunity Zone.
The latest amended version of SB3 was referred back to the House for approval who overwhelmingly approved the SB3 by a 149-46 vote on April 13, 2016. SB3 was immediately presented to Governor Wolf for his signature. Governor Wolf has repeatedly said the he would sign a medical marijuana law and barring any unforeseen issues, Governor Wolf will sign into law Pennsylvania’s Medical Marijuana Act making Pennsylvania the 24th state along with Guam and the District of Columbia to enact a medical marijuana program.
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Published by Jorge Pereira, Esq.
I was born in Portugal and raised in Bethlehem after immigrating with his family to the Lehigh Valley at the age of 2.
I attended Rutgers University, New Brunswick graduating with B.A. in Political Science and a minor in Psychology. After graduating with honors from Rutgers University, I attended Rutgers-Newark Law School. While at Rutgers-Newark Law School, I was part of Appellate Moot Court, Urban Legal Clinic and the Animal Rights Clinic.
Upon graduating Rutgers-Newark Law School Law, I initially practiced at a small boutique law firm in Newark, New Jersey but always maintained a desire to return to his home in the Lehigh Valley. I spent the last eighteen years working in civil litigation and personal injury law firms in the Lehigh Valley. For the last sixteen years, I has worked at an Allentown law firm, The Law of Business, P.C. f/k/a Douglas M. Marinos & Associates, P.C. focusing on business divorce, corporate law, creditor’s rights and general civil litigation.
I am a member of the Pennsylvania and New Jersey bars and admitted to practice in the United States District Court of Pennsylvania for the Eastern District and the United States District Court of New Jersey. I have litigated cases throughout the Courts of Common Pleas of Eastern Pennsylvania from Susquehanna County to Philadelphia County and represented both debtors and creditors in the United States Bankruptcy Court for the Eastern and Middle District of Pennsylvania. As counsel for Sovereign Bank, I wrote the appellate brief in the precedent setting decision in the matter of Sovereign Bank v. Schwab, 414 F.3d 450 (3rd Cir. 2005).
I am an avid cigar smoker and a founding member, board member and former officer of the Lehigh Valley Cigar Club, a non-profit social club with over 200 members dedicated to protecting and promoting the enjoyment of cigar smoking in the Lehigh Valley.I played Rugby for ten years on the men’s team of the Lehigh Valley Rugby Football Club, becoming a captain of the men’s team, and President of the club. I own a commercial building in the historical district of Main Street, Bethlehem where my business partner and I own a hair salon, Hair Studio Main.
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Although marijuana for medical afflictions becomes legal with the governors signature, it is STILL considered to be ILLEGAL according to FEDERAL law. How will this effect firearms purchasers?
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