HARRISBURG (TNS) — Medical marijuana patients will get safer products, health department officials say. But growers and processors warn of production headaches and delays, and possibly higher prices resulting from the final version of Pennsylvania’s medical marijuana law, which was approved Thursday.

The final law was a long time in the making, with patients, growers/processors and dispensaries governed by temporary rules ever since Pennsylvania legalized medical marijuana six years ago and products became available to patients in early 2018.

One of the best pieces of news for patients is a requirement that medical marijuana dispensaries must have on-site pharmacists, rather than having one pharmacist covering several locations remotely.

Officials of the state health department, which regulates medical marijuana, said patients have complained of not being able to get answers to questions about things including what product is best for them, and the appropriate dose, when no pharmacist is present. Department officials also worried patients would rely on non-medical staff for such questions.

Pennsylvania has about 414,000 medical marijuana patients, 35 growers/processors, and more than 50 dispensary operators, with each having up to three locations.

Approval of the new rules followed intense debate between health department officials and industry representatives over several issues on Thursday.

The most contentious issue involved a rule requiring growers/processors to use two rather than one testing lab.

Pennsylvania requires medical marijuana to be tested twice: at the harvest and processing stages. The purpose is to make sure they are free of mold and other contaminants.

The state health department will require growers/processors to use one lab for the initial test and another lab for the second test.

Health department officials say the purpose is to prevent labs and growers/processors from being in “cahoots” to deliver desired results, or to prevent a situation where growers/processors gravitate to labs that produce favorable results, possibly at the expense of accuracy.

Dr. Denise Johnson, Pennsylvania’s physician general and acting health secretary, said such problems are “widespread” around the country and the department wants to be proactive in preventing them here.

“We are taking care of patients who are already sick and vulnerable. We have a duty to protect them,” she said.

Buy industry representatives argued against the department’s rationale for requiring separate labs, calling it “nonsensical” and saying it does nothing to verify the accuracy of either lab.

“How would two different labs using two different testing processes at two very different points in the process provide a check and balance?,” argued Judith Cassel of Cannabis Law PA.

She further argued that, in the event the second testing lab finds problems not detected by the first, Pennsylvania’s law includes no means for settling the dispute. Moreover, the health department has “abdicated” its own responsibility to regulate labs to ensure accuracy of results, Cassel said.

The end result will be production delays and spoiled and wasted products leading to higher prices for patients, industry representatives said.

The industry representatives — backed by a letter from a group of Republican lawmakers — further argued Pennsylvania’s initial medical marijuana law specified “one or more,” testing labs, meaning there was no intent to require two labs.

Health department officials said they interpreted the wording as giving the option to require more than one lab if the department finds it necessary to fulfill the law’s requirement of a safe program.

Another contentious issue involved the rule under which the health department approves additives to medical marijuana products which are vaporized and inhaled.

The rule allows the department to consider factors such as whether an additive is approved for inhalation by the U.S. Food and Drug Administration.

Industry representatives argued against the inclusion of FDA criteria on the grounds all marijuana is illegal at the federal level, and therefore the FDA has no reason to evaluate additives to medical marijuana.

They further disputed the health department’s contention that contaminated products are a significant problem nationally.

The arguments were heard by the Pennsylvania Independent Regulatory Review Commission, which reviews regulations, accepts public comment and votes on whether they should become law.

While Thursday’s debate centered on specific sections of a vast law, the commission was legally required to either approve or reject the law in its entirety.

With that in mind, several commission members expressed reservations about requiring tests from two different labs, but said they would vote in favor of the final rules, saying the overall law serves the public’s best interests.

However, they urged the health department to continue to listen to the industry concerns, and be open to reconsidering the testing requirement.

The commission voted 4-0 in favor of the final regulations, with one member abstaining.

Meredith Buettner, the executive director of the Pennsylvania Cannabis Coalition, which represents the industry, said she was pleased by the final approval, even though she agreed with the many concerns expressed by industry representatives.

Final approval, she said, gives the industry long-sought certainty over regulations. Moreover, the industry can now focus on individual regulations it finds problematic, and try to work with the health department on revisions.

She also noted Pennsylvania will soon have a new governor and administration, and potentially one more open to industry concerns expressed Thursday.

{p class=”krtText”}One contentious aspect of the new law remains uncertain and won’t be immediately enforced: the portion for regulating additives to vaporized products. The health department used that authority earlier this year to recall a large assortment of vaping products. However, the industry obtained a court injunction stopping the recall, and the health department won’t enforce the rule pending a final outcome, Johnson said.

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