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.

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 marijuana to the patient.
(5) ALLOW THE USE OR ADMINISTRATION OF MEDICAL MARIJUANA
WITHOUT A VALID CERTIFICATION OR IN A FORM NOT PERMITTED BY
THIS ACT.
(D) LIABILITY PROTECTION.--NEITHER A FACILITY NOR AN
EMPLOYEE OF A FACILITY WHO ACTS IN GOOD FAITH AND IN ACCORDANCE
WITH THIS SECTION SHALL BE SUBJECT TO CRIMINAL, CIVIL OR
ADMINISTRATIVE LIABILITY FOR AN INJURY OR HARM RESULTING FROM A
PATIENT'S USE OF MEDICAL MARIJUANA OR A CAREGIVER'S
ADMINISTRATION OF MEDICAL MARIJUANA WITHIN THE FACILITY UNLESS
THE INJURY OR HARM RESULTS FROM GROSS NEGLIGENCE OR WILLFUL
MISCONDUCT.
Section 1403. Compliance.
(a) Licensure.--A facility is not required to comply with
this chapter to obtain, retain or renew a license as a facility.
(b) Civil penalty.--A facility that commits a violation of
this chapter or regulation issued under this chapter may be
assessed a civil penalty up to $500 for each violation for each
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day the violation continues. Civil penalties shall be collected
by the department from the date the facility receives notice of
the violation. Penalties collected under this section shall be
deposited into the fund.
(c) Suspension.--
(1) If a Federal regulatory agency, the United States
Department of Justice or Centers for Medicare and Medicaid
Services initiates one of the following actions, a facility
shall MAY suspend compliance with this chapter until the
Federal regulatory agency, United States Department of
Justice or Centers for Medicare and Medicaid Services
notifies the facility that it may resume permitting the use
or administration of medical marijuana within the facility:
(i) A Federal regulatory agency or the United States
Department of Justice initiates enforcement action
against a facility related to the RELATED TO A facility's
compliance with a State-regulated 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 provides
notification to the facility that expressly prohibits the
use or administration of medical marijuana in facilities
or otherwise prohibits compliance with a State-regulated
program.
(2) This subsection shall not be construed to permit a
facility to prohibit the use or administration of medical
marijuana under this chapter due solely to the fact that
cannabis is a schedule I drug under 21 U.S.C. § 812 (relating
to schedules of controlled substances) or other Federal
constraints on the use or administration of medical marijuana
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that existed prior to the effective date of this paragraph.
Section 1404. Department duties.
(a) Sample medical marijuana plan GUIDELINES .--The
department, in consultation with the Department of Human
Services, shall develop and make available on the department's
publicly accessible Internet website sample guidelines that a
facility may implement to meet the requirements of this chapter.
(b) Educational sessions.--Not later than 60 days after the
effective date of this subsection, the department shall host,
virtual or in-person, no fewer than five educational sessions to
inform facilities of the requirements of this chapter. At a
minimum, the educational sessions under this subsection shall
include:
(1) Information on how to determine if:
(i) An individual is a patient who possesses a valid
identification card and is a participant in the program .
(ii) A patient's caregiver is the individual
designated by the patient, possesses a valid
identification card and is a participant in the program .
(2) Information on how to determine if an individual's
marijuana product is legal under section 303 and was
purchased from a dispensary HOLDING A VALID PERMIT UNDER THIS
ACT .
(3) Any other information the department determines
necessary for a facility to properly implement this chapter.
Section 2. This act shall take effect in 120 days. AS
FOLLOWS:
(1) THE ADDITION OF SECTION 1402 OF THE ACT SHALL TAKE
EFFECT IN 270 DAYS.
(2) THIS SECTION SHALL TAKE EFFECT IMMEDIATELY.
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(3) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 90 DAYS.
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