Pennsylvania lawmakers will consider next week a bill that is bipartisan and would create a regulatory agency to oversee Pennsylvania’s medical cannabis program, as well as prepare for adult use.
About three months after the legislation was filed by Sen. Dan Laughlin (R) and 16 other members from across the aisle, the Senate Law & Justice Committee—which the sponsor chairs—is now set to take it up at a hearing on Tuesday.
The proposal would not legalize cannabis for adult use, as its lead sponsor had supported. However, it could establish the regulatory infrastructure to supervise such a program.
Laughlin, who has sponsored legalization bills in the past, previewed the measure in May, writing that Pennsylvania should first take steps to make sure the state is “ready to act when legalization becomes law” by establishing a Cannabis Control Board (CCB) now.
The legalization of cannabis for adult use in Pennsylvania has become a question of when, not if. He said that when the day arrives, Pennsylvania should not have to scramble to put together a new regulatory system. “A transparent framework that is efficient and designed to promote a safe industry should be available from day 1.
For the time being, however, it is the medical cannabis products and hemp that will be the main focus for the Board.
In a statement sent out when the bill was introduced, Laughlin noted that, “since 2016’s legalization of Medical Marijuana, Pennsylvania Department of Health oversight of Medical Marijuana Program is clearly inconsistent, unproductive and devoid of transparency.”
“That coupled with the concerning unregulated intoxicating hemp products being proliferated across our commonwealth warrants the need for a dedicated regulatory board to eliminate these inconsistencies, enhance transparency and provide the structure needed to responsibly manage this industry,” he said. This board’s first task will be to regulate these intoxicating products. If these products are not properly regulated, they’ll continue to flourish in the legal gray zone, and will be sold with no age limits, without labeling or without any tax revenues.
Laughlin told reporters earlier this week he believes President Donald Trump is going to reschedule the marijuana in advance of the 2018 midterm elections. In late August, the president announced that he would make a final decision within a few weeks.
Brit Crampsie spokeswoman for ResponsiblePA, a pro-legalization organization in Pennsylvania told MEDCAN24 Friday that she was “encouraged” to see the Senate Law and Justice Committee consider a THC regulatory bill.
A cosponsorship note circulated by Laughlin earlier in the year stated that the bill would “transfer the regulatory control over the Medical Marijuana Program (MMP) to the CCB. This will ensure continuity, improved efficiency, and increased oversight of cannabis medical businesses, as well as patient access.” The bill would also “establish uniform standards of safety to protect the public from potentially dangerous products and untested goods.”
It also does not mention adult-use or recreational marijuana in the bill, nor would it legalize on its own. However, the bill’s description implies that its sponsors think the Pennsylvania Department of Health regulatory framework should be changed to one that is more suited for overseeing an adult market in the event that lawmakers end prohibition.
The memo states that “by consolidating the oversight under one regulatory board we can eliminate inconsistent practices, increase transparency and provide the necessary structure to manage the industry responsibly.”
Most of the bill that’s going before committee describes the process of establishing the CCB, with details about the selection criteria and other procedural information. In the duties section, the bill lists the various powers that the board has, such as the ability for members to investigate, to promulgate rules, to consult with other departments, and to do more.
Bipartisan Pennsylvania senators have introduced this bill earlier in the month that allows terminally ill cancer patients to be able to access medical marijuana within hospitals.
State lawmakers are continuing to call for legalization of marijuana use by adults in the Commonwealth.
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A top aide to Pennsylvania’s governor said last month, however, that lawmakers should stop introducing new competing legalization bills and instead focus on building consensus on the issue—while emphasizing that any measure that advances needs to contain equity provisions if the governor is going to sign it into law.
Laughlin stated in August that he would be able to “discuss with the Senate and Governor” if the House passed the bill.
The Democratic-controlled House, however, has already advanced a legalization proposal this session that called for a state-run sales model. This measure was quickly quashed, though, in Laughlin’s Senate committee.
Laughlin separately said recently that supporters are “picking up votes” to enact the reform this session.
Gov. Josh Shapiro (D), for his part, said last month that he won’t “concede” on his plan to legalize adult-use cannabis through the budget.
Meanwhile, the leading Republican candidate in the race to become the next governor of Pennsylvania dodged a question about her stance on legalizing marijuana—saying she doesn’t have a “policy position” on the issue and arguing that the sitting governor’s proposal for reform “way, way overstated” potential revenue.
Stacy Garrity’s (R) campaign, Pennsylvania Treasurer, compared the state of Ohio to Pennsylvania, which had launched its adult-use marijuana market earlier this year. She said, “They made about $115,000,000 in revenue.” And while the populations of both states are relatively comparable, Shapiro’s budget projected $536.5 million in cannabis revenue in the first fiscal year of implementation.
The governor did state, though, that she would “make certain that the money is banked correctly” if Pennsylvania were to implement this reform.
A Pennsylvania Democratic Senator recently stated that rescheduling federal marijuana would “be very influential” for advancing the legalization of cannabis in his state. This statement gave “political coverage” to GOP legislators who are on the fence regarding reform.
Sen. Sharif Street (D) discussed the status of cannabis legalization efforts in the Keystone State, including a bipartisan proposal to end prohibition that he filed alongside Laughlin in July.
The House-passed legalization measure with the state-run sale model, which was a tool to promote reforms in the House, isn’t necessarily doomed for this session. And Democrats in the chamber recently called on voters to pressure state senators to sign off on the cannabis measure, arguing that it would benefit health and safety and bring in billions of dollars in revenue for the commonwealth.
The reform in the state legislature has been stalled for years due to the GOP’s opposition. But not all Republican members are against the policy change—and one recently said she felt her party should seize the “opportunity to snatch” the issue from Democrats.
Scott Martin (the influential Appropriations committee chair) said in an earlier statement that, along with the pushback of Senate Majority Speaker Pittman and other Republicans, he does not intend to take any action on adult-use bills.
Separately, just days after Laughlin and Street filed their measure, Reps. Emily Kinkead (D) and Abby Major (R)—alongside eight other cosponsors—filed legislation in the House to enact the reform. The pair have previously championed other proposals to end prohibition.
Laughlin and 16 other lawmakers also recently filed a separate bill to create a new regulatory body in the state that would begin overseeing medical cannabis while preparing to eventually handle the adult-use market as well.
Separately, a recent poll found that Pennsylvania voters say they favor a model where cannabis is sold by licensed private businesses rather than through a system of state-run stores.
Meanwhile, a Democratic lawmaker recently filed a bill that seeks to require employers to cover the costs of medical cannabis for qualifying patients receiving workers’ compensation.
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