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MEDICAL MARIJUANA: 'EACH DA HAS TO MAKE THEIR OWN DETERMINATION'

Pennsylvania district attorneys already have discretion in how they prosecute marijuana cases, but experts say they must be careful in how they apply they law. 

"We're not at liberty to pick and choose what sections of the crimes code we're going to enforce," said Richard Long, executive director of the Pennsylvania District Attorneys Association. 

State Sen.  Daylin Leach, D-Montgomery, wrote a letter today to the association's president, Peter Johnson, asking district attorneys not to prosecute offenses related to the medicinal use of marijuana. 

Long declined to comment specifically on the letter, but said the association does not necessarily oppose medical marijuana legislation.  Recent New York legislation could serve as a model for Pennsylvania, he said, and any new law would need "sufficient controls" to avoid abuse. 

In the absence of legislative action here, he said, it could be difficult to determine which offenders are using cannabis medicinally and which are not. 

"Each DA would have to make their own determination," said Long, himself a former Dauphin County prosecutor.  "This approach would certainly pose a challenge."

A bill that would have created rules governing medical marijuana passed the Senate last month but ultimately failed to be taken up by the House. 

So far, 23 states and the District of Columbia have made some allowance for cannabis' use to treat various medical conditions.  Two states, Colorado and Washington, have also legalized recreational use. 

In his letter, Leach wrote that he believes there's "a reasonable chance that we will soon have a governor with a different perspective" on the issue. 

Tom Wolf has publicly supported the legislation. 

"He believes we should not deny doctor-recommended treatments that could help people suffering from diseases or illnesses," said Jeff Sheridan, Wolf's press secretary, in a written statement. 

A spokesperson for Gov.  Tom Corbett declined to comment. 

Long said prosecutorial discretion is applied in cases where there may be evidence of extenuating circumstances. 

"The decision to wholly disregard a portion of the crimes code is not a typical or even an appropriate use of prosecutorial discretion," he said. 

In his letter, Leach wrote that he hopes prosecutors will use their discretion by not prosecuting people who have a demonstrated medical reason for using the substance.  In cases where there's ambiguity, he wrote, the individuals should be prosecuted. 

"I ask that you perform an act of compassion," Leach wrote, referencing cases involving post-traumatic stress disorder, siezures and cancer.