York County Cannabis – Is It Legal & Where To Buy 2024

Is Cannabis Cultivation Legal in York County?

Cannabis cultivation is legal in the state of Pennsylvania, including York County, but only for medical purposes. Pennsylvania’s Medical Marijuana Act of 2016 created the Pennsylvania Medical Marijuana Program implemented by the Department of Health (DOH). To grow medical cannabis, a permit must be secured from the Medical Marijuana Program. Only 25 medical cannabis growers permits will be issued by the DOH at most statewide.

Applications for medical cannabis cultivation include the following requirements:

• An initial fee of $10,000 that is non-refundable;

• A permit fee of $200,000 that is refundable if the application is not approved;

• Proof of $2 million in capital, with $500,000 deposited in a financial institution;

• A diversity plan;

• Proof of complying with local municipal zoning regulations; and

• Proof of capacity to protect the cultivation facility from unlawful activities.

Those who will be granted a medical cannabis grower permit are required to pass a two-hour training session.

A licensed medical cannabis growing facility used in cultivating, harvesting, and keeping medical marijuana seeds, flowers, immature plants, and grown plants must be indoors and enclosed according to PA Code 1151.23. Only authorized individuals must be permitted admission, and the whole facility must be absolutely secure. Every guest must be escorted at all times.

Signage must clearly indicate areas for cultivation and non-cultivation and areas with controlled access. Signs must measure at least 12 inches by 12 inches with letters at least half an inch high. It is necessary to keep out of the public's view any plant, seed, and flower loading into and unloading from vehicles.

Is Cannabis Manufacturing Legal in York County?

The manufacturing or processing of cannabis is legal in the state of Pennsylvania, including York County, but only for medical purposes. To become a medical cannabis processor, it is necessary to secure a permit from the Pennsylvania Medical Marijuana Program of the DOH. Only 25 medical cannabis processors permits will be issued by the DOH at most statewide.

Applications for medical cannabis processing include the same requirements as those for medical cannabis growing. Those who will be granted a medical cannabis processor permit are also required to pass a two-hour training session.

According to PA Code 1151.23, licensed medical cannabis processors must use an indoor enclosed facility for processing medical marijuana. Strict security is required. The facility as a whole must be completely secure and only authorized persons allowed entry. Every visitor must always be escorted.

For processing and non-processing areas as well as places with regulated access, licensed medical cannabis processors must provide highly visible signs at least 12 inches by 12 inches in size. Letters on signs must measure at least half an inch in height. Any loading or unloading of medical marijuana products from trucks or other vehicles must be done away from the public's view.

Is Cannabis Retail Legal in York County?

The retail selling of cannabis is legal in the state of Pennsylvania, including York County, but only for medical purposes. To become a medical cannabis dispensary, it is necessary to secure a permit from the DOH’s Pennsylvania Medical Marijuana Program. Only a maximum of 50 medical cannabis dispensaries permits will be issued by the DOH statewide. Each licensed dispensary will be allowed only three locations at most.

Applications for medical cannabis dispensaries include the following requirements:

• An initial fee of $5,000 that is non-refundable;

• A permit fee of $30,000 that is refundable if application is not approved;

• Proof of $150,000 in capital;

• A business plan;

• A diversity plan;

• Proof of complying with local municipal zoning regulations; and

• Proof of capacity to protect the cultivation facility from unlawful activities.

Those who will be granted a medical cannabis dispensary permit are likewise required to pass a two-hour training session.

Among the products that dispensaries can sell are cannabis-infused tablets, extracts, oils, tinctures, liquids, and topical ointments. They can sell vaporized medical cannabis except for the 600 vaporized cannabis products included in the list of prohibited products of the DOH. These contain additives that do not have approval from the U.S. Food and Drug Administration (FDA) for inhalation. Not allowed for sale are edibles and medical cannabis meant for smoking.

Pennsylvania’s Medical Marijuana Act of 2016 only allows dispensaries to sell each medical marijuana cardholder a medical cannabis supply for 30 days at a time according to a state-approved medical practitioner’s prescription. Because of the Covid 19 pandemic, however, a Proclamation of Disaster Emergency was issued on March 6, 2020 by Pennsylvania Governor Tom Wolf. Based on the proclamation, the DOH also temporarily adjusted the Medical Marijuana Program and the changes were extended until November 20, 2021. During that period, the limit of each sale to a medical marijuana cardholder was increased to a supply for 90 days based on the prescription. The cardholder’s certification authorization, however, had to have an annotation from a state-approved medical practitioner.

Is Cannabis Delivery Legal in York County?

Medical cannabis delivery is not legal in the state of Pennsylvania, including York County, even for medical purposes. According to Pennsylvania’s Medical Marijuana Act of 2016, the only legal way of releasing medical cannabis is inside a dispensary.

From March 6, 2020 to November 20, 2021, however, the pandemic-related temporary changes to the Medical Marijuana Program provided some leeway. Personnel from dispensaries were allowed to take the medical cannabis purchased by medical marijuana cardholders out of the dispensary to the patient’s vehicle as long as it is waiting within the dispensary’s property limits.

How to Get a Medical Marijuana Card in York County

Pennsylvania residents can qualify for the state’s Medical Marijuana Program and acquire a medical marijuana card if they are diagnosed with any of the following conditions:

• Tourette Syndrome

• Sickle cell anemia

• Severe chronic pain

• Post-Traumatic Stress Disorder (PTSD)

• Parkinson’s Disease

• Opioid Use Disorder

• Neuropathies

• Neurodegenerative diseases

• Multiple sclerosis

• Intractable skeletal muscular spasticity

• Inflammatory bowel disease

• Huntington’s Disease

• HIV/AIDS

• Glaucoma

• Epilepsy

• Dysmenorrhea

• Dyskinetic and spastic movement disorders

• Crohn’s disease

• Central nervous system damage

• Cancer, even in remission

• Autism

• Anxiety

• Amyotrophic lateral sclerosis

• Any terminal illness

The first step is to acquire a patient identification number by registering online. After getting the PIN, the patient must look for a DOH-approved medical practitioner. In York County, there are 25 approved medical practitioners.

The state-approved medical practitioner will diagnose the patient’s condition. If it falls within the DOH list, the medical practitioner will certify this in the online registry using the patient’s PIN. If the consultation is not covered by the patient’s health insurance, the patient will have to pay for it.

The patient will afterward receive instructions through an email regarding the online process of paying the $50 fee. Certain individuals who are receiving Medicaid, CHIP, PACE/ PACENET, WIC, and SNAP benefits may qualify for a waived fee. The patient will receive the medical marijuana card through the mail about 14 days after payment.

Adult patients who need assistance and minors are allowed to have up to two caregivers. The medical practitioner must be informed and will indicate this in the registry. Registration of the caregivers will require a background check.

How Has Cannabis Legalization Impacted the Economy of York County?

The Pennsylvania Department of Revenue reports that the sale of medical cannabis to patients is not subject to sales tax. Growers and processors must, however, pay a 5% excise tax on their gross sales of medical cannabis to dispensaries. All businesses that sell medical marijuana must also pay any relevant taxes in Pennsylvania based on their business type and activities, including gross receipts tax, corporate net income tax, and personal income tax, among others. In addition, the DOH charges growers, processors, and dispensaries licensing fees.

Pennsylvania’s Medical Marijuana Act of 2016 stipulates that the Medical Marijuana Program Fund shall be the recipient of all fees and taxes from medical cannabis. The Program will use 40% of those funds for its operations and outreach projects and 15% to cover:

• The provision of medical marijuana to patients with dire financial needs;

• The waiving or reduction of marijuana medical card fees for those in hardship; and

• The reimbursement of the cost of background checks for caregivers who are financially needy.

Meanwhile, 30% of the funds will go to the DOH research program on the use of medical marijuana and the diseases it can be used for. This includes the possible expansion of the current list of diseases for medical marijuana treatment.

Also, 10% of the funds are allocated for the drug abuse prevention program and counseling and treatment services of the Department of Drug and Alcohol Programs. The remaining 5% will be distributed by the Pennsylvania Commission on Crime and Delinquency among local police departments to be used for any purposes related to the Medical Marijuana Act of 2016.

Merely a year after the sale of medical cannabis in Pennsylvania began in February 2018, sales already totaled $132 million. Over $2 million in excise taxes were paid by processors and growers.

The Effects of Cannabis Legalization on Crime Rates in York County

According to information reported by the York County Bureau of Narcotics on the FBI’s Crime Data Explorer, drug abuse violations increased from 7 in 2017 before sales of marijuana started in Pennsylvania, to 123 in 2020.

Arrests for drug possession increased from 7 in 2017, of which one was for marijuana, to 49 in 2020, of which two were for marijuana. Arrests for drug manufacturing or sales increased from 3 in 2017, of which one was for marijuana, to 74 in 2020, of which 16 were for marijuana.

There is no available data on DUI arrests.