Fayette County Cannabis – Is It Legal & Where To Buy 2025

Is Cannabis Cultivation Legal in Fayette County?

Licensed cannabis cultivation in Fayette County is legal only for medical purposes as stipulated by the State of Pennsylvania’s Medical Marijuana Act in 2016. The Medical Marijuana Program of the state is managed by the Pennsylvania Department of Health (DOH).

The medical cannabis grower-processor permit must first be applied for and received from the DOH Medical Marijuana Program before a cannabis cultivation operation can start in Fayette County. This type of permit allows the holder to cultivate cannabis plants and manufacture medical cannabis products, as well, but a two-hour training session must first be attended.

According to the July 2022 report of the DOH Office of Medical Marijuana, while the Medical Marijuana Act authorized the issuance of only 25 medical cannabis grower-processor permits throughout the State of Pennsylvania, a 26th permit was issued by court order. There has been no medical cannabis grower-processor permit awarded in Fayette County in the Phase 1 round of applications as of June 20, 2017, and in Phase 2 as of June 2023.

To apply for the medical cannabis grower-processor permit, the following are required:

• A non-refundable application fee of $10,000 must be paid.
• A permit fee of $200,000 must be paid, but this is refundable if the application is not approved.
• Documented proof of $2 million in venture capital must be submitted, and $500,000 of that must be in a bank deposit.
• Documented proof must be submitted of complying with all municipal regulations on zoning.
• Documented proof must be submitted of the capacity to secure the medical cannabis growing and processing facility from trespassing, theft, and other illegal acts.
• A diversity plan must be submitted.

Medical cannabis grower-processor permit holders are obliged under Section 2107 of the Medical Marijuana Act to establish their cultivation and manufacturing facilities only in the designated district zones of the municipality and to observe all requirements on land use and zoning.

They are restricted by Section 702 of the Medical Marijuana Act to keep all medical cannabis cultivation and manufacturing activities, as well as storage, indoors and unseen by the public. The entire facility must be completely enclosed the secured by a professional security system using electronic locks and 24-hour recorded video surveillance. Recordings must be kept for a minimum of 180 days.

Unauthorized persons must be barred from entering the facility. The interior of the facility must be closed off into specific areas based on usage and only the personnel needed for each area must be allowed to enter. Each area must be identified by a sign measuring no less than one square foot with lettering at a minimum of half an inch tall. The sign must also warn that unauthorized personnel must keep out. If any guests are admitted into the facility, they must have a staff escort throughout the duration of their stay.

For licensed medical cannabis cultivation, permit holders are only allowed to use pesticides that have been registered with the State of Pennsylvania’s Department of Agriculture. Moreover, such pesticides must have been approved by the department for application on medical cannabis plants.

Medical cannabis grower-processor permit holders must monitor their plants and products through an online inventory tracking system that is updated every day and connected to the DOH medical cannabis database.

Is Cannabis Manufacturing Legal in Fayette County?

Only the licensed manufacturing of medical cannabis products by a holder of the DOH Medical Marijuana Program’s medical cannabis grower-processor permit is legal in Fayette County as mandated by the Medical Marijuana Act of the State of Pennsylvania. Therefore, all medical cannabis cultivators and manufacturers are subject to the same requirements for application and licensed operations.

Is Cannabis Retail Legal in Fayette County?

Licensed cannabis retail in Fayette County is legal only for the sale of medical cannabis and medical cannabis products to medical cannabis cardholders according to the State of Pennsylvania’s Medical Marijuana Act. Prior to opening in Fayette County, a cannabis retail operation must first apply for and receive a medical cannabis dispensary permit granted by the DOH Medical Marijuana Program.

Only 50 medical cannabis dispensary permits will be issued by the DOH Medical Marijuana Program in the State of Pennsylvania. Of these, a maximum of five may be issued to holders of the medical cannabis grower-processor permit. Each medical cannabis dispensary permit holder may, in turn, operate a maximum of three dispensaries in various locations.

On September 4, 2018, the first medical cannabis dispensary in Fayette County opened in the City of Uniontown. As of June 2023, there was already a second dispensary added in the county, also in the City of Uniontown.

To apply for the medical cannabis dispensary permit, the following are the requirements:

• A non-refundable application fee of $5,000 must be paid.
• A permit fee of $30,000 must be paid, which is refundable if the application is disapproved.
• Documented proof of $150,000 in capital must be submitted.
• Documented proof must be submitted of complying with all municipal zonal regulations.
• Documented proof must be submitted of the capability to guard the medical cannabis growing and processing facility against intruders, thieves, and any other illegal acts.
• A business plan must be submitted.
• A diversity plan must be submitted.

Medical cannabis dispensary permit holders are also obligated under Section 2107 of the Medical Marijuana Act to locate their retail facilities only in the approved district zones of the municipality and to comply with all land use and zoning regulations.

Licensed medical cannabis dispensaries are only permitted to sell a 90-day supply of medical cannabis and medical cannabis products to every medical cannabis cardholder for each 83-day period. The specific quantity will depend on what is indicated on the certification of the patient on the online registry.

Banned for selling in licensed medical cannabis dispensaries are smokable forms of medical cannabis and edible cannabis products. Medical cannabis forms for vaping are allowed, except for those listed by the DOH on its [list of forbidden products](https://www.health.pa.gov/topics/Documents/Programs/Medical Marijuana/DOH - Withdraw of Products Containing Additives Not Approved for Inhalation by the FDA.pdf) because they contain additives that are hazardous to human health. The other allowed forms of medical cannabis and medical cannabis products for retail sale to medical cannabis cardholders are dry cannabis leaves, oils, tinctures, liquids, pills, creams, gels, ointments, and other topical preparations.

Is Cannabis Delivery Legal in Fayette County?

The delivery of medical cannabis and medical cannabis products to medical cannabis cardholders is illegal even for licensed medical cannabis dispensaries in Fayette County in compliance with the Medical Marijuana Act of the State of Pennsylvania. Only licensed medical cannabis businesses may deliver medical cannabis and medical cannabis products to other licensed medical cannabis businesses.

How to Get a Medical Marijuana Card in Fayette County

Residents of Fayette County may get a medical cannabis card by first creating an account on the State of Pennsylvania’s Medical Marijuana Program Registry as an adult patient or a caregiver on behalf of a patient younger than 18 years old or an incapacitated adult patient. They must enter their legal name, USPS-recognized residential address, and valid ID issued by the state. They will then be given a patient identification number (PIN).

Next, a medical cannabis health practitioner approved by the DOH must examine the patient. Nine of these doctors are in Fayette County. If the patient is found to have any of the ailments that qualify for the program, the doctor will use the PIN to upload the patient’s certification on the online registry. The qualifying illnesses are:

• Inflammatory bowel disease
• HIV/AIDS
• Glaucoma
• Epilepsy
• Crohn’s disease
• Intractable seizures
• Dyskinetic and spastic movement disorders
• Chronic hepatitis C
• Parkinson’s Disease
• Neuropathies
• Neurodegenerative diseases
• Autism
• Sickle cell anemia
• Tourette Syndrome
• Amyotrophic lateral sclerosis
• Huntington’s Disease
• Severe chronic pain
• Post-Traumatic Stress Disorder
• Anxiety
• Cancer
• Opioid Use Disorder
• Central nervous system damage
• Multiple sclerosis
• Terminal illness

If a caregiver is needed, each patient may have two, at most. The doctor will include the names and email addresses of the patient and any caregivers in the certification. The consultation fee is charged to the patient if not covered by health insurance.

Instructions on completing the online application and paying the fee of $50 will be sent to the patient and any caregivers separately by the Medical Marijuana Program. It is mandatory for caregivers to pass a criminal background check as part of the application. The fee is not charged to applicants who are receiving the following benefits:

• Supplemental Nutrition Assistance Program (SNAP)
• Children's Health Insurance Program (CHIP)
• Program of All-Inclusive Care for the Elderly Needs Enhancement Tier (PACENET)
• Program of All-Inclusive Care for the Elderly (PACE)
• Medicaid
• Special Supplemental Nutrition Program for Women, Infants, and Children (WIC)

The medical cannabis card will be sent through the postal system.

Further information may be requested from:

Pennsylvania Medical Marijuana Program

888-733-5595

7 a.m. to 9 p.m. Eastern Time, including weekends and holidays

How Has Cannabis Legalization Impacted the Economy of Fayette County?

The State of Pennsylvania’s Department of Revenue declares that medical cannabis taxation does not include the state sales tax. However, licensed medical cannabis growers-processors are charged a gross receipts tax of 5% on their sales of medical cannabis and medical cannabis products to licensed medical cannabis dispensaries. On top of that, all types of licensed medical cannabis businesses are charged the usual business taxes.

The Medical Marijuana Program Fund is the recipient of all medical cannabis tax revenues as well as the application and license fees paid by medical cannabis businesses. The allocation is as follows:

Funds received from medical cannabis tax revenues and application and license fees, therefore, benefit indigent patients and caregivers and the police departments in Fayette County.

The Effects of Cannabis Legalization on Crime Rates in Fayette County

Medical cannabis was legalized in Fayette County in 2016.

Data sent by the Pennsylvania State Police to the Crime Explorer page of the FBI shows that in 2015, a year before the legalization of medical cannabis, there were 203 arrests for marijuana offenses, comprised of 193 arrests for possession and 10 arrests for sales.

In 2017, a year after the legalization of medical cannabis, there were 199 arrests in the county for marijuana offenses, comprised of 188 arrests for possession and 11 arrests for sales.

In 2019, the latest available data shows 366 marijuana possession arrests and 16 marijuana sales arrests, totaling 382 marijuana offense arrests.

During those years, the number of DUI arrests in the county was as follows:

• 2015: 437 arrests
• 2017: 626 arrests
• 2019: 939 arrests