The act of June 30, 2021 (P.L. 210, No. 44) (Act 44 of 2021) amended the statutory definition of "serious medical condition'' under the Medical Marijuana Act (act) (35 P.S. §§ 10231.101-10231.2110), to include "other conditions that are recommended by the Advisory Board (Board) and approved by the Secretary under section 1202.'' Section 1201(j)(5)(ii) of the act charges the Board with the responsibility to issue written reports, which include the Board's recommendation on "whether to change, add or reduce the types of medical conditions which qualify as serious medical conditions....'' See 35 P.S. § 10231.1201(j)(5)(ii). This amendment was given retroactive effect to May 18, 2016, codifying conditions added by the Board between the act's commencement and Act 44 of 2021's passage.
At a public meeting on April 9, 2018, the Board adopted a final report recommending that a process be established for a subcommittee of the Board to review and approve additional serious medical conditions on a continuous basis. See 35 P.S. § 1201(j)(6). The Secretary approved this recommendation which is published at 48 Pa.B 2898 (May 12, 2018). The Department attaches this Appendix A to reflect all approved serious medical conditions. The Department will periodically, no less than annually if additional serious medical conditions have been recommended by the Board and approved by the Secretary, publish notice in the Pennsylvania Bulletin updating the list of serious medical conditions. The list will also be posted on the Department's publicly accessible Internet web site.
The following list is comprised of all medical conditions approved as a "serious medical condition'' under the law:
* Cancer, including remission therapy.
* Positive status for Human Immunodeficiency Virus or Acquired Immune Deficiency Syndrome.
* Amyotrophic lateral sclerosis.
* Parkinson's disease.
* Multiple sclerosis.
* Damage to the nervous tissue of the central nervous system (brain-spinal cord) with objective neurological indication of intractable spasticity, and other associated neuropathies.
* Epilepsy.
* Inflammatory bowel disease.
* Neuropathies.
* Huntington's disease.
* Crohn's disease.
* Post-traumatic stress disorder.
* Intractable seizures.
* Glaucoma.
* Sickle cell anemia.
* Severe chronic or intractable pain of neuropathic origin or severe chronic or intractable pain.
* Autism.
* Neurodegenerative diseases.
* Terminal illness.
* Dyskinetic and spastic movement disorders.
* Opioid use disorder for which conventional therapeutic interventions are contraindicated or ineffective, or for which adjunctive therapy is indicated in combination with primary therapeutic interventions.
* Anxiety disorders.
* Tourette's Syndrome.
Pa. Code tit. 28, pt. IXa, ch. 1141a, app A