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The Legal Aspects of Medical Marijuana in Pennsylvania

The Legal Aspects of Medical Marijuana in Pennsylvania. Paula Brumbelow Burns, City of Philadelphia. Pennsylvania is the 24th State to permit some form of medical marijuana use Pennsylvania Department of Health will oversee the program

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The Legal Aspects of Medical Marijuana in Pennsylvania

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  1. The Legal Aspects of Medical Marijuana in Pennsylvania Paula Brumbelow Burns, City of Philadelphia

  2. Pennsylvania is the 24th State to permit some form of medical marijuana use • Pennsylvania Department of Health will oversee the program • Estimated 100,000 – 200,000 patients will register for program • Estimated $100 – 150 million in annual sales • 30 States have legalized medical marijuana

  3. ILLEGAL UNDER FEDERAL LAW

  4. 12 Grow / Processor Permittees 27 Dispensary Permittees 54 Dispensaries Scattered Around The State

  5. MEDICAL CONDITIONS THAT QUALIFY FOR MEDICAL CANNABIS

  6. City of Philadelphia – Research for Code Research – Starting April 2016 Code Review of 15 Jurisdictions Site Visits with discussion on how the operation side works. Review of risks to jurisdictions. Discussion of visual and perceived impacts to neighborhoods. Discussion on what is under public health, safety and welfare versus belief and morals.

  7. Interpretation on State Enabling Legislation The State Regulations did not specifically place a prohibition on a local jurisdiction designating grower/processors or dispensaries as a use classification, or on limiting them to certain designated Industrial or Commercial Districts. Nor did they believe that there were limitations on providing for additional restrictions on these particular facilities such as considering them as Regulated Uses in our Zoning Code. We also inquired as to whether growing facilities could be listed as Urban Agriculture (a use presently in our Zoning Code), but we were cautioned to keep in mind that they are not just growing facilities, but also processing facilities which may move them into a solely industrial classification. The State specifically requires that if a waiver is granted that conditions that protect children and prevent unauthorized access to medical marijuana be included.

  8. Public Information Gathering City Council held a Public Hearing on the topic of Medical Marijuana. They were looking to hear from the public, operators, investors, patients, State Rep Leach spoke on the history of the Bill and what it entailed. Staff reports This was televised on the City’s channel and reported within the media

  9. Assumptions Based on Research, Maps, Public Comment • Growing/Processing was a manufacturing use. • Dispensaries are not the same use as pharmacies. • Locate dispensaries on commercial corridors. • There was no strong argument to distance from residential. • Using the same language as the State is crucial. • Investigate distance requirements for uses that traditionally involve children to be able to address in our waiver application.

  10. Proposed Zoning Legislation Bill 160919 was introduced on October 2016 It would impact the text of the Zoning Code and be applied to the entire City Our goal was to be able to have locations that were able to: Locate in each Planning District (18) and City Council District (10). Be on multiple public transit lines. Growing Processing Facilities will be able to locate in three industrial zones as a matter-of-right.

  11. Zoning for Dispensaries Dispensaries are listed under Retail Sales of Consumer Goods. Permitted in seven Commercial Districts. Dispensaries will also have distancing requirements. Within a zoning district where such use is not expressly allowed. 500 feet from Public and Private schools up to 12th grade. Public Playgrounds, Swimming Pools, Parks, and Rec Centers Public Libraries

  12. Zoning for a Waiver Distancing was included for our waiver request from Schools and Daycares. That is more restrictive than our Code and would limit the ability to locate a dispensary within every Planning District so as to provide reasonable access to the facilities. The City recommended to match the majority of our current distancing requirements for regulated uses in order to be eligible for the waiver.

  13. Bill Passes

  14. Waiver Request Research and Application Philadelphia Population and Square Miles Top five Pennsylvania Counties by Geography and Population Useable land in Philadelphia Number of schools and day cares per square mile How many new day care applications we get on average a year Number of Parcels available with and without State distance setbacks

  15. Granting of the Waiver

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