HB 2254

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
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:
20CHAPTER 14
21COMPASSIONATE ACCESS TO MEDICAL MARIJUANA
22 Section 1401.    Definitions.
1    The following words and phrases when used in this chapter
2 shall have the meanings given to them in this section unless the
3 context clearly indicates otherwise:
4    "Facility."    Any of the following:
5(1)   A health care facility as defined in section 802.1
6    of the act of July 19, 1979 (P.L.130, No.48), known as the
7    Health Care Facilities Act.
8(2)   A long-term care nursing facility as defined in
9    section 802.1 of the Health Care Facilities Act.
10(3)   An assisted living residence as defined in section
11    1001 of the act of June 13, 1967 (P.L.31, No.21), known as
12    the Human Services Code.
13(4)   A personal care home as defined in section 1001 of
14    the Human Services Code.
15    "Practitioner."    A health care practitioner as defined in
16 section 103 of the Health Care Facilities Act.
17    "Program."    The medical marijuana program established under
18 section 301.
19 Section 1402.    Permitted use.
20    (a)   Facilities.--A facility shall permit a terminally ill
21 patient to use or be administered medical marijuana in the
22 facility if all of the following conditions are met:
23(1)   The use or administration of the medical marijuana
24    does not interfere with any part of the patient's treatment
25    plan, as determined by a practitioner treating the patient at
26    the facility.
27(2)   The medical marijuana is not vaporized or in any      <--
28    other form that could impact care to other patients.
29(3)   The patient or patient's caregiver presents a valid
30    identification card.
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1(2)   THE MEDICAL MARIJUANA IS IN A FORM PERMITTED UNDER     <--
2    SECTION 303.
3(3)   THE MEDICAL MARIJUANA IS NOT VAPORIZED, SMOKED OR
4    INGESTED IN ANY OTHER FORM THAT COULD IMPACT CARE TO OTHER
5    PATIENTS.
6(4)   THE PATIENT AND ANY CAREGIVER PRESENTS A VALID
7    IDENTIFICATION CARD.
8(4) (5)   The use or administration of the medical  <--
9    marijuana by or to the patient is documented in the patient's
10    medical record.
11    (b)   Guidelines.--Not later than 180 days after the effective
12 date of this subsection, a facility shall develop and
13 disseminate written guidelines for the use or administration of
14 medical marijuana within the facility under this chapter. The
15 guidelines shall include:
16(1)   A requirement that the medical marijuana be stored
17    in a locked container.
18(2)   Restrictions to ensure the safety of other patients,
19    guests and employees of the facility.
20(3)   The forms of medical marijuana allowed to be used or
21    administered.
22(4)   Procedures for documenting the medical marijuana use
23    or administration.
24(5)   Compliance with State laws and the safe operation of
25    the facility.
26    (c)   Construction.--Nothing in this chapter shall be
27 construed as requiring a facility to:
28(1)   Allow the use or administration of medical marijuana <--
29    by a patient receiving emergency services or a patient in an
30    emergency department.
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1(1)   ALLOW THE USE OR ADMINISTRATION OF MEDICAL MARIJUANA <--
2    BY OR TO A PATIENT RECEIVING EMERGENCY SERVICES, A PATIENT IN
3    AN EMERGENCY DEPARTMENT OR A PATIENT IN A PSYCHIATRIC
4    HOSPITAL, BEHAVIORAL HEALTH CRISIS CENTER, MEDICAL DETOX
5    FACILITY, RESIDENTIAL DRUG AND ALCOHOL REHABILITATION
6    FACILITY OR OTHER PSYCHIATRIC OR ADDICTION TREATMENT
7    FACILITY.
8(2)   Provide a patient with a certification or
9    recommendation for the use or administration of medical
10    marijuana.
11(3)   Include medical marijuana in a patient's discharge
12    plan.
13(4)   Administer medical marijuana to the patient.
14(5)   ALLOW THE USE OR ADMINISTRATION OF MEDICAL MARIJUANA <--
15    WITHOUT A VALID CERTIFICATION OR IN A FORM NOT PERMITTED BY
16    THIS ACT.
17    (D)   LIABILITY PROTECTION.--NEITHER A FACILITY NOR AN
18 EMPLOYEE OF A FACILITY WHO ACTS IN GOOD FAITH AND IN ACCORDANCE
19 WITH THIS SECTION SHALL BE SUBJECT TO CRIMINAL, CIVIL OR
20 ADMINISTRATIVE LIABILITY FOR AN INJURY OR HARM RESULTING FROM A
21 PATIENT'S USE OF MEDICAL MARIJUANA OR A CAREGIVER'S
22 ADMINISTRATION OF MEDICAL MARIJUANA WITHIN THE FACILITY UNLESS
23 THE INJURY OR HARM RESULTS FROM GROSS NEGLIGENCE OR WILLFUL
24 MISCONDUCT.
25 Section 1403.    Compliance.
26    (a)   Licensure.--A facility is not required to comply with
27 this chapter to obtain, retain or renew a license as a facility.
28    (b)   Civil penalty.--A facility that commits a violation of
29 this chapter or regulation issued under this chapter may be
30 assessed a civil penalty up to $500 for each violation for each
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1 day the violation continues. Civil penalties shall be collected
2 by the department from the date the facility receives notice of
3 the violation. Penalties collected under this section shall be
4 deposited into the fund.
5    (c)   Suspension.--
6(1)   If a Federal regulatory agency, the United States
7    Department of Justice or Centers for Medicare and Medicaid
8    Services initiates one of the following actions, a facility
9    shall MAY suspend compliance with this chapter until the  <--
10    Federal regulatory agency, United States Department of
11    Justice or Centers for Medicare and Medicaid Services
12    notifies the facility that it may resume permitting the use
13    or administration of medical marijuana within the facility:
14(i)    A Federal regulatory agency or the United States
15Department of Justice initiates enforcement action
16against a facility related to the RELATED TO A facility's <--
17compliance with a State-regulated program.
18(ii)   A Federal regulatory agency, the United States
19Department of Justice or the Centers for Medicare and
20Medicaid Services issues a rule or otherwise provides
21notification to the facility that expressly prohibits the <--
22use or administration of medical marijuana in facilities
23or otherwise prohibits compliance with a State-regulated
24program.
25(2)   This subsection shall not be construed to permit a
26    facility to prohibit the use or administration of medical
27    marijuana under this chapter due solely to the fact that
28    cannabis is a schedule I drug under 21 U.S.C. § 812 (relating
29    to schedules of controlled substances) or other Federal
30    constraints on the use or administration of medical marijuana
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1    that existed prior to the effective date of this paragraph.
2 Section 1404.  Department duties.
3    (a)     Sample medical marijuana plan GUIDELINES.--The  <--
4 department, in consultation with the Department of Human
5 Services, shall develop and make available on the department's
6 publicly accessible Internet website sample guidelines that a
7 facility may implement to meet the requirements of this chapter.
8    (b)     Educational sessions.--Not later than 60 days after the
9 effective date of this subsection, the department shall host,
10 virtual or in-person, no fewer than five educational sessions to
11 inform facilities of the requirements of this chapter. At a
12 minimum, the educational sessions under this subsection shall
13 include:
14(1)   Information on how to determine if:
15(i)    An individual is a patient who possesses a valid
16identification card and is a participant in the program. <--
17(ii)    A patient's caregiver is the individual
18designated by the patient, possesses a valid
19identification card and is a participant in the program. <--
20(2)   Information on how to determine if an individual's
21    marijuana product is legal under section 303 and was
22    purchased from a dispensary HOLDING A VALID PERMIT UNDER THIS <--
23    ACT.
24(3)   Any other information the department determines
25    necessary for a facility to properly implement this chapter.
26    Section 2.  This act shall take effect in 120 days. AS  <--
27 FOLLOWS:
28(1)   THE ADDITION OF SECTION 1402 OF THE ACT SHALL TAKE
29    EFFECT IN 270 DAYS.
30(2)   THIS SECTION SHALL TAKE EFFECT IMMEDIATELY.
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1   (3)   THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 90 DAYS.
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