PA Probe Sparks Demand for More Oversight of Cannabis Doctors

Pennsylvania Lawmakers Push for Stricter Oversight of Medical Cannabis Doctors Following Investigative Report

Pennsylvania lawmakers are advocating for tighter control over which doctors can certify patients for medical marijuana after a recent investigative report by Spotlight PA raised concerns about the current vetting process. Two Republican legislators, state Reps. Tim Twardzik and Jo-Anne Stehr, announced their plans to introduce a bill aimed at increasing oversight by the Pennsylvania Department of Health.

Lawmakers Respond to Investigative Findings

The push for stricter oversight comes in response to a Spotlight PA investigation published on August 26, which revealed gaps in the Pennsylvania Department of Health’s monitoring of medical marijuana practitioners. The investigation found that, despite some doctors having prior disciplinary histories, the department rarely blocks them from participating in the state’s medical marijuana program. In one case, a doctor with a past disciplinary record was denied entry into the program but later recommended for reinstatement by a state examiner.

The investigation also revealed that some of the most active physicians in terms of patient certifications have disciplinary histories. The report raised concerns about whether past misbehavior should permanently bar doctors from participating in the program.

In a co-sponsorship memo dated August 27, Twardzik and Stehr cited the investigation, writing that it “highlighted some of the deficiencies in the state’s Medical Marijuana Act.” They emphasized that their proposed legislation would enhance the program’s integrity by ensuring greater oversight from the health department.

Proposed Legislation: Aiming for Safer Practices

The proposed bill by Twardzik and Stehr seeks to grant the Department of Health more explicit authority to regulate which physicians can approve patients for medical marijuana. Their goal is to safeguard the health and safety of Pennsylvania’s medical marijuana patients by introducing clearer standards for admitting doctors to the state’s medical marijuana registry.

According to the memo, the medical marijuana law lacks clear provisions on how to handle applications from previously disciplined physicians, leading to inconsistent oversight. “The department lacks clear statutory authority to place conditions on a physician for inclusion in the registry,” the lawmakers wrote, adding that the department also lacks the authority to deny a physician based on prior conduct.

Currently, department regulations state that doctors can be denied entry to the registry if they have been subject to disciplinary action. However, the regulations do not specify which types of violations are grounds for denial or how long ago they occurred, creating ambiguity in enforcement.

Debate Over the Bill’s Necessity

While Twardzik and Stehr’s proposal has garnered some support, it may face resistance from other lawmakers. State Rep. Dan Frankel (D., Allegheny), chair of the House Health Committee, downplayed the concerns over underqualified doctors. “If you’re asking me to name the biggest threat to the health of our medical marijuana patients, I’m not going to say underqualified doctors,” Frankel said in a statement. He argued that ensuring all cannabis products are lab-tested and safe for consumption is a more pressing issue.

Frankel’s comments reflect a broader debate within the state regarding priorities for the medical marijuana program, which was signed into law in 2016 under former Democratic Governor Tom Wolf. As of May 2023, the program had 441,000 active patient certifications, highlighting the growing importance of the medical marijuana sector in Pennsylvania.

Gaps in Oversight and the Legislative Path Forward

The medical marijuana law currently mandates that patients obtain a physician’s certification to legally purchase cannabis from dispensaries. Approximately 1,300 doctors issued at least one patient certification in 2022, according to records from the Department of Health. However, the department’s role in determining which doctors can certify patients has come under scrutiny due to its lack of explicit guidelines for handling doctors with disciplinary records.

Twardzik and Stehr’s proposed legislation aims to address this issue by providing clearer statutory authority for the Department of Health to oversee physician applications to the medical marijuana registry. This would help ensure that all doctors meet the same standards and that those with a history of professional misconduct are held accountable.

Reactions from the Medical Cannabis Community

Patrick Nightingale, a medical marijuana patient advocate and executive director of the Pittsburgh chapter of the National Organization for the Reform of Marijuana Laws (NORML), called the lawmakers’ proposal “common sense.” He argued that the bill would bring clarity to the rules governing the program and ensure consistency across the board.

“It sounds like they want to clarify the rules of the game,” Nightingale said. “And that sounds to me like it would bring consistency across the board.” He also noted that clearer guidelines would allow physicians to understand why they may not be eligible for the registry, reducing confusion for both doctors and patients.

Nightingale emphasized the importance of maintaining patient access to the medical marijuana program and expressed confidence that the proposed legislation would not hinder that access. Instead, he said, the bill would help strengthen the program by setting uniform standards for all physicians involved.

Broader Cannabis Landscape in Pennsylvania

While Pennsylvania’s medical marijuana program has grown significantly since its inception, it remains more restrictive compared to neighboring states. Except for West Virginia, all of Pennsylvania’s bordering states have legalized recreational cannabis for adults 21 and older. Despite efforts by Governor Josh Shapiro to advance adult-use cannabis legislation, the proposal has yet to gain enough support in the state legislature.

As Pennsylvania’s medical marijuana market continues to expand, the question of how to maintain proper oversight and ensure patient safety remains central. Lawmakers like Twardzik and Stehr believe that stricter regulations for medical marijuana doctors will help address gaps in the program and protect patients, while others, like Frankel, prioritize product safety and lab testing as key issues.

The future of medical marijuana oversight in Pennsylvania is now under the microscope, with legislators pushing for greater control over which doctors can certify patients for the program. While the proposed bill may face resistance, it highlights a growing concern about the need for consistent and transparent regulations in the state’s burgeoning cannabis market. As the debate unfolds, both lawmakers and advocates are focused on ensuring that patients receive safe, reliable access to medical marijuana, while maintaining the integrity of the system.