Pennsylvania lawmakers have taken action to clarify the fact that medical marijuana patients cannot be held against them by family courts when making decisions about parental custody.
The state statute clearly states that the use of medical marijuana “shall by itself not be considered by courts in a custody proceedings,” but a recent incident where a father lost custody after testing positive for THC-metabolites revealed an apparent issue with implementation.
After David Levi—a registered medical cannabis patient with severe arthritis—sought financial support from his daughter’s mother in family court, his use of marijuana became a determining factor, contrary to what’s prescribed under state law.
“By the time they were done with me, I became a drug user—not a prescribed user—and that’s my tagline” in the eyes of the court, Levi told MEDCAN24. Two days before the death of my father, I received an email informing me that a judge ordered all my rights as father to be taken away.
He said, “I’m no longer allowed to drive her and only have overnights with her once every two weeks.”
Sen. John Kane, (D), learned of the story from his constituent and circulated last week a memo to gather support for a forthcoming bill to clarify and amend existing legislation. The new law will also ensure that a patient’s status as a medical cannabis patient cannot be used in custody cases to decide child custody, or justify drug testing.
Kane wrote: “To manage his pain, without having to use addictive opioids like heroin or morphine, my constituent received a medical cannabis card and started using this medication for his arthritis.” The medical marijuana helped him manage his chronic pain, continue to work and be a good father to his 3-year-old child.
He said that despite following Pennsylvania’s Medical Marijuana Act guidelines, the constituent was in a child custody dispute that threatened his rights as father, and punished him because of his medical marijuana status. The current law “prohibits using medical marijuana to determine custody.”
Senator said, “However in the case of my constituent, his medical marijuana use was used to determine custody.” To address this issue, the senator will file legislation that “amends Title 23 Section 5328 to prohibit the usage of medical marijuana to determine child care or as the only reason for ordering a drug screen in child custody proceedings.”
It has not been submitted yet. But on the House side, a Republican lawmaker has since committed to work on the issue as well, Levi said.
An employee at Rep. Jamie Flick’s (R) office confirmed to MEDCAN24 the intention of the legislator to collaborate with Kane to develop a fix for future custody problems related to medical marijuana.
This comes in the background of a stepped-up push to legalize cannabis for adult use in the Commonwealth—with bipartisan lawmakers seeking to advance various proposals and the governor again calling for legalization as part of his budget request.
Levi does not oppose reforms in principle. However, Levi said that he did “not think the recreational [legalization] “It’s not very intelligent if we cannot protect the patient.” It was suggested by him that stakeholders in the adult-use industry would be better off if they supported these safeguards, especially when it comes to cases involving child custody like his.
A Pennsylvania independent agency has recently estimated that adult-use cannabis sales will generate more tax revenue than what was projected by the Governor’s Office. However, it is expecting significantly lower overall revenues from legalization of cannabis due to different views about licensing fees.
Meanwhile, a Republican Pennsylvania senator recently called for the creation of a state “legacy” fund, using tax revenue from adult-use marijuana sales and gaming to make long-term investments in the Commonwealth’s economy.
The senator argues that the state, instead of using the tax revenues to finance day-today services and projects, should set aside a part of the tax money for “a source of sustainable prosperity for future generations.”
Pennsylvania House Speaker Joanna McClinton (D) recently said that Democrats are ready to pass a marijuana legalization bill this session, but that the party “will need Republican support” to get the job done—adding that it will be a “heavy lift.”
Another Democratic lawmaker said legislature is “substantially closer” to reaching a deal on marijuana legalization, and an initial vote on a bipartisan cannabis reform bill could come as early as this month.
The reform is stalled at the state legislature largely due to GOP opposition. But not all Republican members are against the policy change—and one recently said she felt her party should seize the “opportunity to snatch” the issue from Democrats.
Rep. Rick Krajewski (D)—who announced in December his intent to file a legalization measure alongside House Health Committee Chair Dan Frankel (D)—also recently said the policy would provide for “more responsible usage” of cannabis, compared to the status quo that’s left adults either buying from the illicit market or traveling across state lines to get regulated products.
Separately last month, the Pennsylvania House approved a bill sponsored by Frankel that’s meant to strengthen safety standards and oversight of the state’s medical marijuana program as lawmakers work to advance adult-use legalization.
Pennsylvania’s medical cannabis program, which was implemented nearly a decade earlier, has now been sent to the Senate. Lawmakers say it is needed to improve the testing compliance, the product audits and the lab inspections.
Meanwhile, Pennsylvania Democratic lawmakers recently introduced a bill that would allow farmers and other small agriculture operators to sell marijuana they cultivate to existing growers and and processors if the state moves to legalize adult-use cannabis.
—
MEDCAN24 tracks hundreds of marijuana, psychedelics, and drug policy legislation in state legislatures this year. Patreon members who pledge at least $25/month gain access to interactive maps, charts and a hearing calendar.
Discover more about the marijuana bills tracker. Become a patron on Patreon for access.
—
Also, in a video interview released last month, the governor emphasized that the state is “losing out” to others that have already enacted adult-use legalization, while maintaining a policy that’s enriched the illicit market.
I think this is a matter of liberty and freedom. He said that if people want to smoke they should have the option to do it in a way that is safe and legal. “We should shut down the black market—and, by the way, every state around us is doing it. Pennsylvanians pay their taxes and drive into other states.
Pennsylvania’s Republican attorney general recently said he wants to be a “voice for potential public safety risks” of enacting the governor’s proposal—though he said his office would be ready to enforce the new law if lawmakers did vote to pass it.
The state’s agriculture secretary separately told lawmakers that he’s fully confident that his department is in a “really good” position to oversee an adult-use marijuana program if lawmakers act.
Meanwhile, in February, top Pennsylvania police and health officials told lawmakers they are prepared to implement marijuana legalization if the legislature moves forward with the reform—and that they stand ready to work together as the details of legislation to achieve it are crafted.
Amid the growing calls for marijuana legalization in Pennsylvania, a GOP state senator said prohibition has been a “disaster,” and a regulated sales model for cannabis—similar to how alcohol and tobacco are handled—could serve as an effective alternative.
A Republican Pennsylvania senator also recently defended the push to legalize and regulate marijuana, calling it “the most conservative stance” on the issue.
Separately, a recent poll shows that Pennsylvania voters say they favor a model where cannabis is sold by licensed private businesses, rather than through a system of state-run stores as some legislators have promoted.
Maryland lawmakers pass a bill that clarifies marijuana lounge rules, and allows owners to sell their cannabis businesses to employees.
Side Pocket Images. Photo by Chris Wallis.
MEDCAN24 would not be possible without the support of readers. Please consider making a Patreon monthly pledge if you depend on our cannabis journalism for information.
