HB 2254 — 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.

PRINTER'S NO.   2948

                     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

     REFERRED TO COMMITTEE ON HEALTH, MARCH 2, 2026


                                       AN ACT
 1   Amending the act of April 17, 2016 (P.L.84, No.16), entitled "An
 2      act establishing a medical marijuana program; providing for
 3      patient and caregiver certification and for medical marijuana
 4      organization registration; imposing duties on the Department
 5      of Health; providing for a tax on medical marijuana
 6      organization gross receipts; establishing the Medical
 7      Marijuana Program Fund; establishing the Medical Marijuana
 8      Advisory Board; establishing a medical marijuana research
 9      program; imposing duties on the Department of Corrections,
10      the Department of Education and the Department of Human
11      Services; and providing for academic clinical research
12      centers and for penalties and enforcement," providing for
13      compassionate access to medical marijuana; and imposing a
14      penalty.
15      The General Assembly of the Commonwealth of Pennsylvania
16   hereby enacts as follows:
17      Section 1.    The act of April 17, 2016 (P.L.84, No.16), known
18   as the Medical Marijuana Act, is amended by adding a chapter to
19   read:
20                                   CHAPTER 14
21              COMPASSIONATE ACCESS TO MEDICAL MARIJUANA
22   Section 1401.    Definitions.
23      The following words and phrases when used in this chapter
 1   shall have the meanings given to them in this section unless the
 2   context clearly indicates otherwise:
 3      "Facility."    Any of the following:
 4            (1)   A health care facility as defined in section 802.1
 5      of the act of July 19, 1979 (P.L.130, No.48), known as the
 6      Health Care Facilities Act.
 7            (2)   A long-term care nursing facility as defined in
 8      section 802.1 of the Health Care Facilities Act.
 9            (3)   An assisted living residence as defined in section
10      1001 of the act of June 13, 1967 (P.L.31, No.21), known as
11      the Human Services Code.
12            (4)   A personal care home as defined in section 1001 of
13      the Human Services Code.
14      "Practitioner."    A health care practitioner as defined in
15   section 103 of the Health Care Facilities Act.
16      "Program."    The medical marijuana program established under
17   section 301.
18   Section 1402.    Permitted use.
19      (a)   Facilities.--A facility shall permit a terminally ill
20   patient to use or be administered medical marijuana in the
21   facility if all of the following conditions are met:
22            (1)   The use or administration of the medical marijuana
23      does not interfere with any part of the patient's treatment
24      plan, as determined by a practitioner treating the patient at
25      the facility.
26            (2)   The medical marijuana is not vaporized or in any
27      other form that could impact care to other patients.
28            (3)   The patient or patient's caregiver presents a valid
29      identification card.
30            (4)   The use or administration of the medical marijuana

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 1      by or to the patient is documented in the patient's medical
 2      record.
 3      (b)   Guidelines.--Not later than 180 days after the effective
 4   date of this subsection, a facility shall develop and
 5   disseminate written guidelines for the use or administration of
 6   medical marijuana within the facility under this chapter. The
 7   guidelines shall include:
 8            (1)   A requirement that the medical marijuana be stored
 9      in a locked container.
10            (2)   Restrictions to ensure the safety of other patients,
11      guests and employees of the facility.
12            (3)   The forms of medical marijuana allowed to be used or
13      administered.
14            (4)   Procedures for documenting the medical marijuana use
15      or administration.
16            (5)   Compliance with State laws and the safe operation of
17      the facility.
18      (c)   Construction.--Nothing in this chapter shall be
19   construed as requiring a facility to:
20            (1)   Allow the use or administration of medical marijuana
21      by a patient receiving emergency services or a patient in an
22      emergency department.
23            (2)   Provide a patient with a certification or
24      recommendation for the use or administration of medical
25      marijuana.
26            (3)   Include medical marijuana in a patient's discharge
27      plan.
28            (4)   Administer medical marijuana to the patient.
29   Section 1403.    Compliance.
30      (a)   Licensure.--A facility is not required to comply with

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 1   this chapter to obtain, retain or renew a license as a facility.
 2      (b)   Civil penalty.--A facility that commits a violation of
 3   this chapter or regulation issued under this chapter may be
 4   assessed a civil penalty up to $500 for each violation for each
 5   day the violation continues. Civil penalties shall be collected
 6   by the department from the date the facility receives notice of
 7   the violation. Penalties collected under this section shall be
 8   deposited into the fund.
 9      (c)   Suspension.--
10            (1)   If a Federal regulatory agency, the United States
11      Department of Justice or Centers for Medicare and Medicaid
12      Services initiates one of the following actions, a facility
13      shall suspend compliance with this chapter until the Federal
14      regulatory agency, United States Department of Justice or
15      Centers for Medicare and Medicaid Services notifies the
16      facility that it may resume permitting the use or
17      administration of medical marijuana within the facility:
18                  (i)    A Federal regulatory agency or the United States
19            Department of Justice initiates enforcement action
20            against a facility related to the facility's compliance
21            with a State-regulated program.
22                  (ii)   A Federal regulatory agency, the United States
23            Department of Justice or the Centers for Medicare and
24            Medicaid Services issues a rule or otherwise provides
25            notification to the facility that expressly prohibits the
26            use or administration of medical marijuana in facilities
27            or otherwise prohibits compliance with a State-regulated
28            program.
29            (2)   This subsection shall not be construed to permit a
30      facility to prohibit the use or administration of medical

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 1      marijuana under this chapter due solely to the fact that
 2      cannabis is a schedule I drug under 21 U.S.C. § 812 (relating
 3      to schedules of controlled substances) or other Federal
 4      constraints on the use or administration of medical marijuana
 5      that existed prior to the effective date of this paragraph.
 6   Section 1404.        Department duties.
 7      (a)     Sample medical marijuana plan.--The department, in
 8   consultation with the Department of Human Services, shall
 9   develop and make available on the department's publicly
10   accessible Internet website sample guidelines that a facility
11   may implement to meet the requirements of this chapter.
12      (b)     Educational sessions.--Not later than 60 days after the
13   effective date of this subsection, the department shall host,
14   virtual or in-person, no fewer than five educational sessions to
15   inform facilities of the requirements of this chapter. At a
16   minimum, the educational sessions under this subsection shall
17   include:
18            (1)   Information on how to determine if:
19                  (i)    An individual is a patient who possesses a valid
20            identification card and is a participant in the program.
21                  (ii)    A patient's caregiver is the individual
22            designated by the patient, possesses a valid
23            identification card and is a participant in the program.
24            (2)   Information on how to determine if an individual's
25      marijuana product is legal under section 303 and was
26      purchased from a dispensary.
27            (3)   Any other information the department determines
28      necessary for a facility to properly implement this chapter.
29      Section 2.        This act shall take effect in 120 days.



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