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

Is Cannabis Cultivation Legal in Mercer County?

Licensed cannabis cultivation for medical uses in Mercer County was legalized by the State of Pennsylvania’s 2016 Act 16 or the Medical Marijuana Act and its amendment in 2021 Act 44. The Medical Marijuana Program of the state is under the Pennsylvania Department of Health (DOH).

The medical cannabis grower-processor permit issued by the Medical Marijuana Program is required to run a medical cannabis cultivation company in Mercer County. The license holder is allowed to grow medical cannabis and process medical cannabis products.

The Medical Marijuana Act’s Section 616 only allowed 25 licenses statewide for medical cannabis grower-processors. The July 2022 report of the Office of Medical Marijuana showed, however, that a court order was issued to grant a 26th license. For Phase 1 applications, 12 medical cannabis grower-processor licenses were already issued as of July 2023. None were in Mercer County.

Applicants for the medical cannabis grower-processor permit must meet the following requirements:

• A $10,000 non-refundable application fee payment
• A $200,000 permit fee payment, to be returned if the application is not approved
• Document submission proving $2 million in venture capital, with $500,000 as a financial institution deposit
• Document submission proving municipal zoning regulations compliance in accordance with Section 2107 of the Medical Marijuana Act
• Document submission proving the ability to protect the medical cannabis cultivation and manufacturing facility from intruders, thieves, and unlawful activities
• Diversity plan submission

Section 702 of the Medical Marijuana Act confines medical cannabis growing, processing, and storage to indoor areas of a completely enclosed building. All medical cannabis-related activities must be out of the public’s sight. A 24-hour security system must be put in place, armed with electronic locks and video surveillance. Recordings must be retained for 180 days at the minimum.

Signs at all entrances must warn that unauthorized persons are not allowed to enter the building. Areas within the facility must be partitioned based on usage and only personnel needed within each section must be allowed in. Signs measuring one square foot or more, with letters at least half an inch tall, must mark each section. If guests are received, they must be escorted at all times by facility personnel.

Medical cannabis grower-processor licensees are allowed to apply to medical cannabis crops only the pesticides registered in the Pennsylvania Department of Agriculture and approved specifically for medical cannabis use. Licensees must also establish their own inventory tracking system online and link it to the DOH medical cannabis database. All medical cannabis plants and products must be monitored in the inventory.

Is Cannabis Manufacturing Legal in Mercer County?

Licensed medical cannabis product manufacturing in Mercer County was legalized by 2016 Act 16 and 2021 Act 44 in the State of Pennsylvania. This is allowed only for holders of the medical cannabis grower-processor permit of the Medical Marijuana Program, entailing compliance with all the regulations and requirements mentioned above.

Is Cannabis Retail Legal in Mercer County?

Licensed medical cannabis retail in Mercer County was legalized by the State of Pennsylvania’s 2016 Act 16 and 2021 Act 44. The Medical Marijuana Program’s medical cannabis dispensary permit is required for a medical cannabis retail company to be allowed to sell medical cannabis and its products to medical cannabis cardholders by retail.

The Medical Marijuana Act’s Section 616 only allowed 50 licenses for medical cannabis dispensaries across the state. Each licensee is permitted to run up to three dispensary sites. Among grower-processor permit holders, up to five may be granted medical cannabis dispensary permits. The Medical Marijuana Program already issued, as of July 2023, 27 primary medical cannabis dispensary licenses and 15 secondary dispensary licenses in the state. There were none located in Mercer County.

Applicants for the medical cannabis dispensary permit must meet the following requirements:

• A $5,000 non-refundable application fee payment
• A $30,000 permit fee payment, to be returned if the application is not granted
• Document submission proving $150,000 in venture capital
• Document submission proving municipal zoning regulations compliance in compliance with Section 2107 of the Medical Marijuana Act
• Document submission proving the ability to protect the medical cannabis dispensary from intrusion, robbery, and unlawful activities
• Diversity plan submission
• Business plan submission

The Medical Marijuana Act’s Section 802 only allows licensed medical cannabis dispensaries to sell indoors. Section 802(a)(1) of 2021 Act 44 amended this to include curbside pick-up.

A medical cannabis cardholder may purchase from a licensed dispensary only the equivalent of a 90-day supply of medical cannabis and its products every 83-day period. The quantity is determined according to what is indicated on the patient’s certification in the online registry.

Licensed dispensaries are not allowed to sell forms of medical cannabis that are edible or intended for smoking. They are only permitted to sell cannabis leaves, tablets, oils, tinctures, liquids, ointments, gels, creams, and other topical forms. Medical cannabis products for vaping are likewise allowed if they are not included in the DOH list of forbidden products that have hazardous content.

Is Cannabis Delivery Legal in Mercer County?

The State of Pennsylvania’s 2016 Act 16 and 2021 Act 44 disallow the delivery of medical cannabis and medical cannabis products by licensed dispensaries to medical cannabis cardholders in Mercer County. Section 703 of 2021 Act 44, however, allows licensed medical cannabis businesses to transport medical cannabis and its products to each other.

How to Get a Medical Marijuana Card in Mercer County

Mercer County residents must create a patient account on the State of Pennsylvania’s online Medical Marijuana Program Registry as the first step to getting a medical cannabis card. A patient below 18 or an adult patient with mental or physical incapacity must be registered by a caregiver. Required are a digital copy of the state ID and a USPS-recognized home address. The registry will then issue a patient identification number (PIN).

The next step is for a DOH-approved medical cannabis health practitioner to examine the patient. There are nine of them in Mercer County. A patient’s certification will be posted on the registry by the health practitioner once the patient is found to have at least one of the qualifying illnesses, as follows:

• Terminal illness
• Tourette syndrome
• Inflammatory bowel disease
• Amyotrophic lateral sclerosis
• Intractable seizures
• Sickle cell anemia
• Multiple sclerosis
• Anxiety disorders
• Huntington's disease
• Severe chronic or intractable pain
• Neurodegenerative diseases
• Autism
• Glaucoma
• Post-traumatic stress disorder
• Neuropathies
• Cancer, including remission therapy
• Epilepsy
• HIV
• Opioid use disorder
• Crohn's disease
• Dyskinetic and spastic movement disorders
• AIDS
• Parkinson's disease
• Central nervous system nervous tissue damage with intractable spasticity

Up to two caregivers’ names may be indicated in the patient’s certification.

An email from the Medical Marijuana Program will be received by the patient and the caregiver. It will provide a guide on how to finish the online application and pay the fee of $50. The fee is waived for beneficiaries of the following aid programs:

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

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

Queries may be made through the following:

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 Mercer County?

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

The Medical Marijuana Program Fund receives all tax revenues and fees from medical cannabis businesses, and allocates the money as follows:

• 40% for the operations and outreach activities of the Medical Marijuana Program
• 30% for the DOH Research Program on illnesses that may be added for medical cannabis treatment
• 15% for subsidies given to indigent patients and caregivers
• 10% for the abuse prevention, counseling, and treatment activities of the Department of Drug and Alcohol Programs
• 5% for distribution by the Pennsylvania Commission on Crime and Delinquency to local police departments, such as those in Mercer County, in implementing the Medical Marijuana Act

The Effects of Cannabis Legalization on Crime Rates in Mercer County

Medical cannabis was legalized in Mercer County and the whole of the State of Pennsylvania in 2016.

Data on the Crime Explorer page of the FBI shows that in 2015, one year prior to the legalization of medical cannabis, there were 22,845 marijuana offense arrests in the state, comprised of 18,470 marijuana possession arrests and 4,375 marijuana sales arrests.

In 2017, a year after the legalization of medical cannabis, there were 27,793 marijuana offense arrests statewide, of which 23,127 were marijuana possession arrests and 4,666 were marijuana sales arrests.

In 2019, there were 12,356 marijuana offense arrests throughout the state, comprised of 11,239 marijuana possession arrests and 1,117 marijuana sales arrests.

In 2021, the latest data showed 1,348 marijuana offense arrests, of which 1,276 were marijuana possession arrests and 72 were marijuana sales arrests.

DUI arrests in those years were in the following numbers:

● 2015: 46,904 arrests

● 2017: 45,492 arrests

● 2019: 21,137 arrests