“It has been my experience that folks who have no vices have very few virtues.” – Abraham Lincoln On June 22, 2009, the Family Smoking Prevention and Tobacco Control Act (Tobacco Control Act), was signed into law giving the FDA authority to regulate the manufacture, distribution, and marketing of tobacco products. Initially the act was focused … Continue reading FDA rules threaten my right to smoke!
Author: Jorge Pereira, Esq.
IRS unfairly taxes Legal Marijuana Businesses.
For those who wish to get involved in the now legitimate Pennsylvania business of medical marijuana, be prepared to be unfairly taxed by the IRS. While medical marijuana is now legal in Pennsylvania, as well as 24 other states, it remains classified as schedule I drug under the Federal Controlled Substance Act. This allows the … Continue reading IRS unfairly taxes Legal Marijuana Businesses.
Bi-partisan support for marijuana.
On July 9, 2016, the Democratic Party endorsed as part of its official platform a "reasoned pathway to future legalization" of marijuana and called for the drug to be downgraded in the Controlled Substances Act (“CSA”). On Saturday afternoon, the democratic platform committee introduce an amendment that would have removed Marijuana from the CSA entirely. … Continue reading Bi-partisan support for marijuana.
PA’s Safe Harbor Letter for medical marijuana
The Pennsylvania Department of Health (DOH) has published temporary regulations 28 PA. Code Ch. 1131 et seq. relating to “Safe Harbor Letter”. The temporary regulations are published by the DOH under Pennsylvania’s Medical Marijuana Act (the “MMA”) see 35 P.S. §§10231.101-10231-2110. The temporary regulations pertain to section 2106 of the MMA (35 P.S. §§10231.2106), which … Continue reading PA’s Safe Harbor Letter for medical marijuana
Medical Marijuana, a viable alternative to opioid painkillers.
Pennsylvania’s Medical Marijuana Act allows patients who are afflicted with one of 17 serious medical conditions to be certified to use medical marijuana. Included as a separate and distinct medical condition in the enumerated 17 serious medical conditions is “severe chronic or intractable pain.” Severe pain is also a symptom which is common in many … Continue reading Medical Marijuana, a viable alternative to opioid painkillers.
Ohio becomes the 25th State to legalize medical marijuana.
On June 8, 2016, the State of Ohio became the 25th state to legalize medical marijuana when Governor John Kasich signed a bill legalizing medical marijuana in Ohio. The bill will take effect in 90 days. Much like Pennsylvania’s medical marijuana law, the law will not be fully operational for about two years. During that … Continue reading Ohio becomes the 25th State to legalize medical marijuana.
Will Pennsylvania’s Medical Marijuana Act get Doc Blocked?
Under Pennsylvania’s newly enacted Medical Marijuana Act, there are 17 Serious Medical Conditions for which a patient may be prescribed medical marijuana. For a patient to be allowed to use medical marijuana, that patient must be issued an identification card under Section 501 of the Act. The Department of Health (“DOH”) may issue an identification … Continue reading Will Pennsylvania’s Medical Marijuana Act get Doc Blocked?
Medical Marijuana – Not in my backyard?
When Governor Wolf signed Pennsylvania’s Medical Marijuana bill into law on April 17, 2016, it opened the door to an industry that will greatly impact all levels of state and local regulation, including local zoning ordinances. Pennsylvania’s Medical Marijuana Law allows a maximum of 25 growers/processors and a maximum of 150 dispensaries. Local and municipal … Continue reading Medical Marijuana – Not in my backyard?
Pennsylvania 24th State to legalize Marijuana
On April 17, 2016, Governor Tom Wolf signed into law Pennsylvania’s Medical Marijuana Act making Pennsylvania the 24th state to enact a program for the growing and dispensing medical marijuana (“MM”). Certified patients with one of 17 listed Qualified Medical Conditions will soon have access to MM. The law will go into effect in thirty … Continue reading Pennsylvania 24th State to legalize Marijuana
PA’s Medical Marijuana Act awaits the Governor’s signature
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 … Continue reading PA’s Medical Marijuana Act awaits the Governor’s signature