Medical Marijuana Practice Group

On April 17, 2016, Pennsylvania adopted the Medical Marijuana Act, which provides for the creation of a regulated market for the growing, processing, sale and use of medical marijuana. The Act allows patients with specific conditions, who have received recommendations from specially certified physicians, to purchase medical marijuana from state-licensed dispensaries, which in turn must acquire their product from state-licensed grower-processors.

On June 24, 2016, the PA Department of Health published regulations permitting patients with specified conditions to acquire medical marijuana from out-of-state sources.

On October 29, 2016, the Department of Health published regulations regarding grower/processor operations and also regulations regarding the grower and dispensary application process.

On December 10, 2016, the Department of Health published regulations governing dispensaries.

Applications for the first round of grower/processor and dispensary licenses became available on January 17, 2017. The Department is accepting questions regarding the Application until February 8, 2017, and is accepting Applications between February 20 and March 20, 2017.

SMGG has been closely following the regulatory process [link to Blogs], and is equally well positioned to advise “supply side” clients seeking to enter the medical marijuana business as grower or dispensary owners and “demand side” clients seeking to understand how they or a loved one can legally obtain medical marijuana.  Our broad experience in most areas of law positions us to assist clients with issues related to medical marijuana including the following and other matters as they emerge:

  • Dispensary/Grower/processor business formation;
  • Business financing and governance in a multi-party business entity;
  • Banking and Insurance matters
  • Land use and zoning compliance;
  • Commercial contracting (with security and inventory control providers, employed physicians or pharmacists, etc.)
  • Estate planning for people with special needs, [link out to other practice areas]
  • Understanding the requirements and costs to obtain supply side (Dispensary and Grower/Processor) permits; and
  • Employment laws’ application to patients authorized to use medical marijuana.

As the Pennsylvania Department of Health proceeds to implement the Medical Marijuana Act, SMGG’s Medical Marijuana practice group will keep track of new developments and be prepared to guide its clients through the thicket of regulations that are being produced.  Please contact Jean Novak at or David Pollack at with your questions about the Medical Marijuana Act.