Pennsylvania SB 1035: An Act amending the act of April 17, 2016 (P.L.84, No.16), known as the Medical Marijuana Act, providing for compassionate access to medical marijuana.

Bill Text

PRINTER'S NO. 1204
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1035
Session of
2025
INTRODUCED BY KANE, COLLETT, SAVAL, CAPPELLETTI, KEARNEY,
FONTANA, COSTA, VOGEL, KIM, COMITTA, LAUGHLIN, ROBINSON,
PISCIOTTANO, MUTH, TARTAGLIONE, STREET, HAYWOOD AND
L. WILLIAMS, OCTOBER 3, 2025
REFERRED TO LAW AND JUSTICE, OCTOBER 3, 2025
AN ACT
Amending the act of April 17, 2016 (P.L.84, No.16), entitled "An
act establishing a medical marijuana program; providing for
patient and caregiver certification and for medical marijuana
organization registration; imposing duties on the Department
of Health; providing for a tax on medical marijuana
organization gross receipts; establishing the Medical
Marijuana Program Fund; establishing the Medical Marijuana
Advisory Board; establishing a medical marijuana research
program; imposing duties on the Department of Corrections,
the Department of Education and the Department of Human
Services; and providing for academic clinical research
centers and for penalties and enforcement," providing for
compassionate access to medical marijuana.
This act may be referred to as Ryan's Law.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of April 17, 2016 (P.L.84, No.16), known
as the Medical Marijuana Act, is amended by adding a chapter to
read:
CHAPTER 14
COMPASSIONATE ACCESS TO MEDICAL MARIJUANA
Section 1401. Legislative intent.
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It is the intent of the General Assembly to support the
ability of a terminally ill patient to safely use medical
marijuana within specified health care facilities in compliance
with this chapter.
Section 1402. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Health care facility." As defined in section 802.1 of the
act of July 19, 1979 (P.L.130, No.48), known as the Health Care
Facilities Act.
"Patient." An individual who is terminally ill.
"Terminally ill." A medical condition resulting in a
prognosis of life of one year or less, if the disease follows
its natural course.
Section 1403. Permitted use.
(a) Health care facilities.--A health care facility shall
permit a patient to use medical marijuana and do all of the
following:
(1) Prohibit smoking or vaping as methods to use medical
marijuana.
(2) Include the use of medical marijuana within the
patient's medical records.
(3) Require a patient to provide a copy of the patient's
valid identification card or a copy of the patient's written
documentation as provided under this act.
(4) Reasonably restrict the manner in which a patient
stores and uses medical marijuana, including requiring the
medical marijuana to be stored in a locked container, to
ensure the safety of other patients, guests and employees of
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the health care facility, compliance with other state laws
and the safe operations of the health care facility.
(5) Develop and disseminate written guidelines for the
use of medical marijuana within the health care facility
under this chapter.
(b) Limitation.--This section does not apply to a patient
receiving emergency services and care or to the emergency
department of a health care facility while the patient is
receiving emergency services and care.
Section 1404. Patient guidance and discharge plan.
A health care facility is not required to provide a patient
with a recommendation to use medical marijuana in compliance
with this act or include medical marijuana in a patient's
discharge plan.
Section 1405. Compliance.
(a) Drug and medication requirement.--A health care facility
permitting patient use of medical marijuana shall comply with
drug and medication requirements applicable to this act.
(b) Licensure.--Compliance with this chapter shall not be a
condition for obtaining, retaining or renewing a license as a
health care facility.
(c) Suspension.--
(1) If a Federal regulatory agency, the United States
Department of Justice or Centers for Medicare and Medicaid
Services takes one of the following actions, a health care
facility may suspend compliance with this chapter until the
regulatory agency, United States Department of Justice or
Centers for Medicare and Medicaid Services notifies the
health care facility that it may resume permitting the use of
medical marijuana within the health care facility:
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(i) A Federal regulatory agency or the United States
Department of Justice initiates enforcement action
against a health care facility related to the facility's
compliance with a State-regulated medical marijuana
program.
(ii) A Federal regulatory agency, the United States
Department of Justice or the Centers for Medicare and
Medicaid Services issues a rule or otherwise