The continuous operation of financially viable medical marijuana dispensaries is not something that everyone can afford to take for granted. There are millions of Americans who rely on medical marijuana to support their wellbeing. It can be used to help treat multiple sclerosis, Parkinson’s disease, chronic pain, and nausea or vomiting induced by cancer treatment—serious health issues. What happens when medical marijuana dispensaries lack the financial means to operate and are forced to close? How are Pennsylvania patients/consumers affected? These are questions that Pennsylvania’s Medical Marijuana Act (the MMA or the act) should help to avoid. Taking a few steps back, the goal of the MMA is to “provide a program of access to medical marijuana which balances the need of patients to have access to the latest treatments with the need to promote patient safety” and to “provide a safe and effective method of delivery of medical marijuana to patients.” See35 P.S. Section 10231.102. In connection with these policy goals, the MMA allows the Department of Health to issue permits to medical marijuana organizations (e.g., dispensaries) to authorize them to dispense medical marijuana.
Now, the act and its corresponding regulations prioritize ensuring that only viable companies can obtain dispensary permits and