Pa. pot law gets a B-minus

Report compares laws in 44 states where legalization has occurred

As a rush of medical marijuana investors flood Southeastern Pennsylvania in the scramble to obtain one of the two growing permits allotted to the region, the law that makes it all possible is already being graded.

Pennsylvania’s medical marijuana law, enacted last April, has received a Bminus in the annual report from Americans for Safe Access, “a national member-based organization of patients, medical professionals, scientists and concerned citizens promoting safe and legal access to cannabis for therapeutic use and research,” which is how their web site describes their mission.

“We’re hoping next year, Pennsylvania’s grade will stay constant or even go up,” said Steph Sherer, executive director at Americans for Safe Access.

The report, “A PatientFocused Analysis of the Patchwork of State Laws,” determines grades by setting a number of fixed parameters, such as “patient rights/civil protection,” “access to medicine,” and “consumer safety and provider requirement” and measuring the laws in each of the 44 states which have made medical marijuana legal against those benchmarks.

Pennsylvania’s law — not yet fully implemented — received high marks for its functionality and ease of navigation, neither of which has been field-tested yet as the medicine is not yet be- ing distributed.

It received lower marks for protections of patient rights, access to medicine and the lowest (37 out of 100) for consumer safety and provider requirements, but mostly that’s because ASA wants to see how they are implemented, said Sherer.

“If Pennsylvania can move through the implementation process in a timely manner and adopt strong product safety protocols, like those outlined in this report, it could be one of the stronger programs in the country,” she said.

Since Pennsylvania passed its lawlast year, five other states have legalized recreational use of marijuana and four more have passed medicinal use bills.

ASA was very involved in the crafting of Pennsylvania’s law and Sherer singled out Lebanon Countybased state Sen. Mike Folmer, R-48th Dist., for his advocacy.

“The thing that stood out for us in Pennsylvania was the very real compassion that the lawmakers had for the patients and they really made sure it was a patientcentered law,” she said.

The law was co-sponsored by Montgomery County Democrat Daylin Leach, D-17th Dist.

Sherer faulted Pennsylvania’s law for not allowing home cultivation, which will delay access to patients who need relief now, and for failing to change intoxicated driving laws, which means that patients using marijuana-based products can still be arrested for DUI, as well as prohibitions against smoking the products.

“The best word for it is ‘inhalation’ and medically speaking, that’s really the gold standard of delivery systems, it doesn’t have to go through your stomach or skin, it’s the fastest way to the blood stream,” Sherer said.

“But I understand the optics and we can’t undo decades of propaganda around cannabis,” said Sherer, noting that Pennsylvania’s law has a “very comprehensive” list of medical ailments for which medical marijuana products can be prescribed.

“I think Pennsylvania’s law is going to work well because they are focused on implementing it quickly, so

“I think Pennsylvania’s lawis going towork well because they are focused on implementing it quickly, so theyhave taken a phased approach which, as a businessman, I think is very astute.” Jon Cohn, COO of Keystone Medical Cannabis LLC “As laws go, I’m cautiously optimistic that Pennsylvania’s may be one of the best in the country.” Steph Sherer, executive director of Americans for Safe Access

they have taken a phased approach which, as a businessman, I think is very astute,” said Jon Cohn.

He is the chief operating officer of Keystone Medical Cannabis LLC, which Wednesday night pitched its proposal for a growing and processing facility in the Titan Steel building at 740 Queen St. in Pottstown.

“So where we lost points (in the Americans for Safe Access report) is more because the system has not been put in place yet than because of it being poorly designed,” Cohn said of Pennsylvania’s law. “Some of the parameters have not been defined because they