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.

PRIOR PRINTER'S NO.

2948 THEPRINTER'S GENERALNO. ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.

22543188 2026THE INTRODUCEDGENERAL BYASSEMBLY FRANKEL,OF BOROWSKI,PENNSYLVANIA HILL-EVANS,HOUSE McNEILL,BILL DONAHUE,Session 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 Amending the act of AprilNo. 17, 2016 (P.L.84, No.16), entitled "An act establishing a medical marijuana program;

providing2254 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 patient and caregiver certification and for medical marijuana organization registration;

imposing duties on the DepartmentaDepartment of Health;

and providing for academic clinical research centers and for penalties and enforcement," providing for compassionatepenalty.onate access to medical marijuana;

and imposing a penalty.The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

(2) The medical marijuana is not vaporized or in any <-- other form that could impact care to other patients.

(4)20260HB2254PN3188 The use or administration of the medical marijuana 20260HB2254PN2948 - 2 - by(2) orTHE toMEDICAL theMARIJUANA patientIS isIN documentedA inFORM thePERMITTED patient'sUNDER medical<-- record.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.

(1) Allow the use or administration of medical marijuana <-- by a patient receiving emergency services or a patient in an emergency department.

20260HB2254PN3188 - 3 - (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.

(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.

(a) Licensure.--A facility is not required to comply with 20260HB2254PN2948 - 3 - 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 20260HB2254PN3188 - 4 - day the violation continues.

(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 20260HB2254PN2948 - 4 - 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 20260HB2254PN3188 - 5 - that existed prior to the effective date of this paragraph.

(a) Sample medical marijuana plan.--Theplan 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.

<-- (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.dispensary HOLDING A VALID PERMIT UNDER THIS <-- ACT.

20260HB2254PN2948AS -<-- 5FOLLOWS: -

(1) THE ADDITION OF SECTION 1402 OF THE ACT SHALL TAKE EFFECT IN 270 DAYS.

(2) THIS SECTION SHALL TAKE EFFECT IMMEDIATELY.

20260HB2254PN3188 - 6 - (3) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 90 DAYS.

20260HB2254PN3188 - 7 -