Medical marijuana now accessible to children with certain conditions

Pennsylvania has taken its first concrete step toward getting medical marijuana to people who need it.

On Tuesday, Secretary of Health Dr. Karen Murphy announced that applications for the Pennsylvania medical marijuana program's "safe harbor" letter are now available online for parents, legal guardians and caregivers of minors with serious medical conditions.

The letter grants permission to administer medical marijuana within the state.

"It means children with serious medical conditions and those who care for them can begin to experience an increased quality of life," Murphy said in a news release.

Access to the letter comes three months after Pennsylvania became the 24th state to legalize a comprehensive medical marijuana program.

"It's very important to remember that approved safe harbor letters should always be carried with individuals whenever medical marijuana is being transported and administered outside of the home," Murphy said.

While the safe harbor letter is intended to serve as approval for Pennsylvania residents to administer medical marijuana to minors, it has limited authority. Marijuana remains a Schedule I controlled substance under federal law — just like heroin — and the U.S. Department of Justice still has the authority to prosecute people who use it or even possess it.

Dana Kershner of Quakertown, who uses oils derived from marijuana to treat her 6-year-old daughter, Madelyn, who is epileptic, said the safe harbor letter helps "minimally."

"Federally," she said, "you are taking a huge risk."

That's especially so because Pennsylvania still hasn't legalized the sale of medical marijuana, which means residents who want to buy it must do so out of state — then transport it across state lines to bring it home.

Kershner said Madelyn used to suffer scores of seizures daily until she began taking a medical marijuana oil. The oil brought her daughter almost instantaneous and prolonged relief, allowing her to start kindergarten.

"I'll be damned if a law is going to stop me from saving my child," she said. "The fact that it's still a Schedule 1 drug is just a sin."

For Deena Kenney of Bethlehem, the issue is the age restriction. She has a son who is disabled and suffers from seizures, but since he is 19 years old, she cannot make use of the safe harbor letter, which only applies to people under 18.

"I think it's cruel," she said. "How can you arbitrarily draw a line at what age people can be treated? I don't even understand how you can make a decision like that."

Other aspects of Pennsylvania's medical marijuana program are under development. Temporary regulations are expected to be issued by the end of this calendar year for growers and processors; dispensaries and laboratories; physicians and research institutions; and patients and caregivers.

Surrounded by a jubilant crowd of medical marijuana supporters at the Capitol building in Harrisburg, Gov. Tom Wolf signed the bill into law on a Sunday afternoon in mid-April.

Upon taking full effect, the law will allow patients to take marijuana in pill, oil, vapor, ointment or liquid form. Smoking marijuana is not covered.

Eventually, the state will license up to 25 growers and processors, and as many as 50 dispensaries, which could each operate three locations, though generally not within 1,000 feet of a school or day care center.

To get the safe harbor letter, applicants need a picture ID, a background check and permission from the patient's Pennsylvania-licensed doctor. The application process is completely online , so all documents must be submitted in electronic form, though individuals without computer access can call 1-877-PA-HEALTH for assistance.