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

Is Cannabis Cultivation Legal in Schuylkill County?

Yes. The government of Schuylkill County complies with Act 16 of 2016 of the Commonwealth of Pennsylvania, allowing the medical use of marijuana. Also known as the Medical Marijuana Act, this statute authorizes Growers/Processors granted a permit by the Department of Health (DOH) to cultivate medical marijuana. On the other hand, the adult use of marijuana remained illegal in the county as of June 2023.

One of the 13 Grower/Processor permits during Phase II was granted to a Grower/Processor in the City of Pottsville. These Growers/Processors complete the 25 permittees authorized by the state to procure immature marijuana plants to cultivate and process into medical marijuana. Application requirements included providing essential information about the establishment’s ability to provide adequate security and control measures to prevent unauthorized access and theft, compliance with municipality zoning requirements, and a diversity plan. Fees related to the application included:

• A $10,000 initial non-refundable fee.
• A $200,000 permit fee (refundable for denied permit applications).
• A $2 million capital ($500,000 of which should be deposited in a financial institution).

Per Section 702 of Act 16 of 2016, Growers/Processors may only cultivate medical marijuana in an indoor, enclosed, and secured facility with a physical address within the Commonwealth. The facility must be equipped with electronic locking systems and continuous video surveillance. Pursuant to Chapter 1151 of the regulations developed by the DOH, Growers/Processors are obliged to submit the following inventory data in the electronic tracking system: number, weight, and type of seeds, number of immature plants, number of medical marijuana plants, number of plants ready for sale, and number of seeds and plants awaiting disposal due to damage. Pesticides may be used if approved by the Department of Agriculture and compliant with the Pennsylvania Pesticide Control Act of 1973. Visual inspections of the plants ensure that their quality complies with the acceptable level determined by the DOH.

The personal cultivation of medical marijuana by Schuylkill County residents was prohibited as of June 2023.

Is Cannabis Manufacturing Legal in Schuylkill County?

Schuylkill County has one Grower/Processor in Pottsville authorized to process medical marijuana. Under state regulations, medical marijuana can be manufactured into pills, oils, topicals, tinctures, liquids, and vapes. Written approval from the DOH must be obtained prior to manufacturing. As stated in Chapter 1151a, pharmaceutical-grade excipients and additives must be used to manufacture medical marijuana products unless otherwise approved by the DOH. Moreover, substances that change the dosage, color, appearance, smell, or taste of marijuana may only be used if permitted by the DOH.

Besides policies and procedures concerning employment and security, Growers/Processors must also have protocols for growing, processing, packaging, labeling, handling, tracking, transporting, storing, and disposing of medical marijuana. Quality control tests must be performed to ensure each product's proper tetrahydrocannabinol (THC) content and minimize contamination.

Medical marijuana may only be processed in food-grade stainless steel equipment and must be free of seeds, stems, foreign matter, and molds. Products must be stored in a child-resistant, tamper-evident, opaque, and resealable package that minimizes exposure to oxygen. Labels must include a unique identifier, list of ingredients, warning labels, number of individual doses, species, THC content, manufacturing and expiration dates, manufacturer details, and instructions for use. Packages and labels must not be in any way attractive to children.

Is Cannabis Retail Legal in Schuylkill County?

Yes, it is allowed. The retail of medical marijuana began in Schuylkill County when a dispensary in Pottsville started operating on December 2021. Holders of a valid medical marijuana ID may purchase flowers, vapes, concentrates, tinctures, capsules, and topicals.

According to Chapter 1161a, dispensaries must be located 1,000 feet away from schools and daycare centers. Additionally, it must be separate from the growing and processing site of medical marijuana. They must have a physician or pharmacist's physical or virtual presence during operating hours. A 90-day supply of medical marijuana or 192 medical marijuana units may be dispensed if records show that the patient only has a 7-day supply of medical marijuana units remaining.

Edible medical marijuana products remained illegal as of June 2023. However, these may change if Senate Bill No. 538 is enacted.

Is Cannabis Delivery Legal in Schuylkill County?

Yes, but only for curbside delivery. Act 44 of 2021 stipulated that dispensaries could dispense medical marijuana in an indoor facility or through a DOH-approved curbside delivery protocol. Generally, employees of a dispensary were allowed to go out of the facility to collect the valid medical marijuana ID from the vehicle of a patient or a caregiver. Afterward, the employee processes the transaction inside the facility and returns to the vehicle to deliver the purchased medical marijuana to the patient or caregiver.

The dispensary in Pottsville offers online and phone pre-ordering, express in-store pickup, or walk-in for Schuylkill County medical marijuana patients. A valid ID and medical marijuana ID must be presented when purchasing medical marijuana.

How to Get Medical Marijuana Card in Schuylkill County

Schuylkill County residents may become part of the Pennsylvania Medical Marijuana Program if they are certified by a DOH-approved practitioner to be having one of the serious medical conditions approved for medical marijuana use:

• Amyotrophic lateral sclerosis
• Anxiety disorders
• Autism
• Cancer and remission therapy
• Chronic hepatitis C
• Crohn’s disease
• Damaged central nervous tissue
• Dyskinetic movement disorders
• Epilepsy
• Glaucoma
• HIV/AIDS
• Huntington’s disease
• Inflammatory bowel disease
• Intractable seizures
• Multiple sclerosis
• Neurodegenerative diseases
• Neuropathies
• Opioid use disorder
• Parkinson’s disease
• Post-traumatic stress disorder
• Severe chronic pain
• Sickle cell anemia
• Terminal illness
• Tourette syndrome

Patients must register online to get their patient ID number before obtaining a certification from a practitioner. A $50 fee for the card, proof of residency, and a working email address are required for the application. Successful applicants may receive their medical marijuana ID 14 days after printing by mail.

The DOH may be contacted daily, excluding state holidays, at 888-733-5595 from 7:00 AM to 9:00 PM for inquiries.

How Has Cannabis Legalization Impacted the Economy of Schuylkill County?

Following Act 16 of 2016, Growers/Processors pay quarterly a 5% tax on the gross receipts of medical marijuana sales to dispensaries. All collected fees are deposited into the Medical Marijuana Program Fund and are allocated as follows:

• 55% to support the operations of the DOH
• 30% to fund further research related to medical marijuana use
• 10% to the Department of Drug and Alcohol Programs for drug abuse prevention and counseling and treatment services
• 5% to local police departments, as distributed by the Pennsylvania Commission on Crime and Delinquency

In line with Commonwealth regulations, Schuylkill County residents do not pay a sales tax on the retail sale of medical marijuana. Based on a 2020 report by the Office of Medical Marijuana, around 12,606,458 products have been sold to medical marijuana patients and caregivers in Pennsylvania since 2018. In 2022, Pennsylvania had 712,421 patients, 37,221 caregivers, and 1,812 certifying physicians.

The Effects of Cannabis Legalization on Crime Rates in Schuylkill County

Medical marijuana in Schuylkill County became legal when Pennsylvania enacted the Medical Marijuana Act in 2016. According to the available reports of the Pennsylvania State Police on the FBI Crime Data Explorer, the county has seen an increasing crime rate related to marijuana possession and sales.

From 2015 to 209, arrests for marijuana possession in Schuylkill County are as follows: 49 in 2015, 64 in 2016, 63 in 2017, 109 in 2018, and 173 in 2019. Meanwhile, arrests for marijuana sales in the same period were 5 in 2015, 8 in 2016, 7 in 2017, 5 in 2018, and 47 in 2019.