Judge Issues Injunction In PA Medical Marijuana Research Case

The judge says the regulations may go beyond provisions of the law.

Follow News Radio 1020 KDKA on Facebook. | Follow News Radio 1020 KDKA on Twitter.

HARRISBURG (Newsradio 1020 KDKA) - A spokeswoman says the state Health Department is evaluating its legal options after a judge issued a temporary injunction in a case seeking to halt Pennsylvania’s medical marijuana research program.

In a case brought by numerous dispensaries and grower-processors, a Commonwealth Court judge agrees that the regulations stemming from the research component of the medical marijuana law "appear to authorize commercial activity not provided for in the Act."

Executive Director of Pittsburgh NORML told the KDKA Radio Afternoon News Wednesday the plaintiffs in the suit are concerned that the regulations for the clinical reasearch programs would give clinical reasearch partners/growers and unfair advantage. 

"The current license holders went through a very detailed, significant and expensive process applying for their licenses," Nightingale said. "And the rules that are being promulgated for the clinical research program would not subject the potential license applicants to that same level of rigorous scrutiny."

The author of those research provisions, House Republican Kathy Watson of Bucks County, says that’s because the law allows research facilities to grow, process and dispense medical cannibism, something she says is necessary

"These folks who have that expertise, who have to follow protocol rules for it to count as legitimate research, they know what to do." said Watson.

Watson, who says medical cannabis grown, processed and dispensed by businesses might not satisfy those research requirements, says she’s “very disappointed” by the injunction.