Pennsylvania HB 2254: 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; and imposing a penalty.

Bill Text

PRIOR PRINTER'S NO. 2948 PRINTER'S NO. 3188
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2254
Session of
2026
INTRODUCED BY FRANKEL, BOROWSKI, HILL-EVANS, McNEILL, DONAHUE,
KHAN, RIVERA, SANCHEZ, BOYD, SHUSTERMAN, GALLAGHER, CERRATO,
CEPEDA-FREYTIZ, MADDEN, HOHENSTEIN, WEBSTER, DALEY, KAZEEM
AND MAYES, FEBRUARY 27, 2026
AS REPORTED FROM COMMITTEE ON HEALTH, HOUSE OF REPRESENTATIVES,
AS AMENDED, APRIL 14, 2026
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; and imposing a
penalty.
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. Definitions.
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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:
"Facility." Any of the following:
(1) A 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.
(2) A long-term care nursing facility as defined in
section 802.1 of the Health Care Facilities Act.
(3) An assisted living residence as defined in section
1001 of the act of June 13, 1967 (P.L.31, No.21), known as
the Human Services Code.
(4) A personal care home as defined in section 1001 of
the Human Services Code.
"Practitioner." A health care practitioner as defined in
section 103 of the Health Care Facilities Act.
"Program." The medical marijuana program established under
section 301.
Section 1402. Permitted use.
(a) Facilities.--A facility shall permit a terminally ill
patient to use or be administered medical marijuana in the
facility if all of the following conditions are met:
(1) The use or administration of the medical marijuana
does not interfere with any part of the patient's treatment
plan, as determined by a practitioner treating the patient at
the facility.
(2) The medical marijuana is not vaporized or in any
other form that could impact care to other patients.
(3) The patient or patient's caregiver presents a valid
identification card.
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(2) THE MEDICAL MARIJUANA IS IN A FORM PERMITTED UNDER
SECTION 303.
(3) THE MEDICAL MARIJUANA IS NOT VAPORIZED, SMOKED OR
INGESTED IN ANY OTHER FORM THAT COULD IMPACT CARE TO OTHER
PATIENTS.
(4) THE PATIENT AND ANY CAREGIVER PRESENTS A VALID
IDENTIFICATION CARD.
(4) (5) The use or administration of the medical
marijuana by or to the patient is documented in the patient's
medical record.
(b) Guidelines.--Not later than 180 days after the effective
date of this subsection, a facility shall develop and
disseminate written guidelines for the use or administration of
medical marijuana within the facility under this chapter. The
guidelines shall include:
(1) A requirement that the medical marijuana be stored
in a locked container.
(2) Restrictions to ensure the safety of other patients,
guests and employees of the facility.
(3) The forms of medical marijuana allowed to be used or
administered.
(4) Procedures for documenting the medical marijuana use
or administration.
(5) Compliance with State laws and the safe operation of
the facility.
(c) Construction.--Nothing in this chapter shall be
construed as requiring a facility to:
(1) Allow the use or administration of medical marijuana
by a patient receiving emergency services or a patient in an
emergency department.
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(1) ALLOW THE USE OR ADMINISTRATION OF MEDICAL MARIJUANA
BY OR TO A PATIENT RECEIVING EMERGENCY SERVICES, A PATIENT IN
AN EMERGENCY DEPARTMENT OR A PATIENT IN A PSYCHIATRIC
HOSPITAL, BEHAVIORAL HEALTH CRISIS CENTER, MEDICAL DETOX
FACILITY, RESIDENTIAL DRUG AND ALCOHOL REHABILITATION
FACILITY OR OTHER PSYCHIATRIC OR ADDICTION TREATMENT
FACILITY.
(2) Provide a patient with a certification or
recommendation for the use or administration of medical
marijuana.
(3) Include medical marijuana in a patient's discharge
plan.
(4) Administer medical ma