The Reporter (Lansdale, PA)

State’s pot law gets a B-minus

Report compares laws in 44 states where legalizati­on has occurred

- By Evan Brandt ebrandt@21st-centurymed­ia.com @PottstownN­ews on Twitter

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 B-minus 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 Patient-Focused 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 being 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 law last 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 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 come later in the process. For example, there’s no reason to hold up licensing a facility getting it started because you want to write rules for something that hasn’t even grown one plant yet.”

Many of the law’s flaws and benefits will be played out in Southeast Pennsylvan­ia, which has fully 40 percent of the Commonweal­th’s potential patients, according to the research Cohn’s presented to Pottstown borough council.

It is just one of a halfdozen proposals appearing before municipal boards seeking approval and support in the quest for the two grow permits and 10 dispensary permits that will be issued by the state for the six-county region.

“My partner told me today that there are already 25 applicatio­ns for this region,” Cohn told Digital First Media Friday.

Perhaps that the interest is due to the fact that Southeast Pennsylvan­ia has four of the 30 largest cancer centers in the United States and has the largest number of post traumatic stress disorder and pain management patients in the state, according to Cohn’s research.

Cohn said if successful, his enterprise hopes to engage with Veterans Administra­tion doctors to see if medical marijuana can be used to treat not only pain, but also the PTSD often experience­d by vets.

He also pointed out that using marijuana-derived products for pain management could help reduce the opioid crisis currently ravaging Pennsylvan­ia and other states.

Sherer agreed, and pointed to the reference in the ASA report that a 2014 article in the Journal of the American Medical Associatio­n found that states which have legalized medical marijuana have an opioid overdose mortality rate nearly 25 percent lower than those which do not.

Sherer’s advocacy has more than just profession­al meaning for her.

When she was in her 20s, she was suffering from a disease called dystonia, an inflammati­on disorder, and the pharmaceut­icals she was taking for it were causing liver failure.

“So I had a choice between being on dialysis for the rest of my life, or not being able to get out of bed. One day my doctor came in, shut the door and asked if I used marijuana. I said ‘no’ and he asked if I knew where I could get some and at first I thought he wanted me to get some for him,” Sherer said with a laugh.

“But he said no, he had other patients who were responding well to using it and suggested I give it a try and that was 16 years ago,” Sherer said. “I have no idea where I would be right now without it. And then I realized there must be other like me and there wasn’t really anyone advocating for this from a patient’s perspectiv­e,” which is how ASA, which turns 15 in April, got started.

“Really, we believe the best case scenario is for the state to get out of the way of the relationsh­ip between doctor and patient and leave medicine up to the doctors, but as laws go, I’m cautiously optimistic that Pennsylvan­ia’s may be one of the best in the country,” Sherer said.

 ?? SLIDE COURTESY OF JON COHN ?? The map, part of a presentati­on made to Pottstown Borough Council Wednesday, shows U.S. states that have legalized marijuana use in some form or another.
SLIDE COURTESY OF JON COHN The map, part of a presentati­on made to Pottstown Borough Council Wednesday, shows U.S. states that have legalized marijuana use in some form or another.

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