A top Pennsylvania Republican senator doesn’t see any path whatsoever toward legalizing marijuana as requested in Gov. Wolf’s proposed budget proposal, yet one Democratic House colleague continues advocating for it, questioning why Pennsylvania would forgoing tax revenues that currently go elsewhere from cannabis sales tax collections.
Meanwhile, the state secretary for Revenue anticipates that Governor Brown’s legalization plan could be put into action during this budget cycle, suggesting reform may start taking shape within months.
Sen. Appropriations Committee Chair Scott Martin (R) responded in an interview Tuesday by not seeing “any path whatsoever” to legalizing cannabis under Gov. Josh Shapiro (D).
There have been multiple states that promised revenues that have never materialized as promised; there’s something to be said for not diving fully into something when one can’t answer all its questions,” according to Ewbank, adding that using other states as justification to pass reform in Pennsylvania as “pretty weak excuse.”
House Appropriations Chairman Jordan Harris (D) offered another viewpoint of Gov. Wolf’s budget plan by emphasizing its implications of losing revenue due to legal states nearby. He highlighted Shapiro’s argument about Pennsylvania losing revenues because they have legal cannabis sales tax regimes in their borders, such as New Hampshire or Vermont.
“People are leaving Pennsylvania to purchase cannabis from New York and New Jersey,” he lamented to WGAL, explaining it wastes tax dollars that should remain here in Pennsylvania. I find this practice shocking.”
At Tuesday’s House Appropriations Committee hearing on Governor Wolf’s cannabis proposal, members voiced varying viewpoints of it; certain Republicans such as Rep. Charity Grimm Krupa (R) voiced concerns related to public health and crime issues as well as implementation costs and workforce effects arising out of it.
Other lawmakers had questions regarding an appropriate tax rate for cannabis products and consumption estimates within their states following legalization, along with how different entities will collaborate to oversee its regulation.
Rep. Emily Kinkead (D), who had sponsored legalization legislation before, voiced concern at what appeared to be an absence of language addressing social equity in Governor Wolf’s cannabis proposal that could ensure communities most affected by criminalization can benefit from its legal market.
At Tuesday’s Senate Appropriations Committee hearing, Sen. Joe Picozzi (D) asked Secretary of Revenue Pat Browne whether it is realistic to assume a legislative solution can be passed and implemented within less than 12 months so sales can start within the year.
“Our revenue projections assume–this is up to the Assembly and Governor to address–that our revenues from activity during this cycle will generate future forecast revenues,” Browne explained.
Browne informed House lawmakers that state officials will make “every effort” to have a recreational market available by January 1 of 2017 as per Governor DeSantis’ plan.
Rep. Marla Brown (R) asked the revenue official when legislation must pass to make this possible.
“We’re making this proposal now as part of the budget; our financial projections are included within it,” he replied, adding “that at any point within this cycle as part of discussing and formulating it, would be expected. While any additional conversation might happen outside this framework, moving forward within that timeline allows us to address whatever needs to happen”.
Browne noted that officials were working closely with the front office on “the final product” of legalization legislation, adding, once completed, they’ll ensure all members of the Assembly receive it.
At another Senate hearing, Picozzi also raised issues associated with federal cannabis prohibition regarding tax collection; at which point Secretary Rosen noted that California already does this via its medical marijuana program.
Ohio provides us with a good benchmark,” stated Senator Lehtinen of Washington state, as their medical cannabis system serves as an intermediary platform for their recreational cannabis system. Thus allowing us to assess whether interactions between Ohio and Washington would pose any issue; neither state’s situation with regard to Schedule I marijuana changes at any point during these interactions.”
“Does tax revenue generated from sales of Schedule I controlled substances expose the general fund to any legal implications?” Picozzi inquired.
“No,” Browne replied in response to Senator Sheppard’s question about whether legalization could impact federal funds available to Massachusetts for medical cannabis sales. Likewise, legalization would likely not compromise medical marijuana sales processes either, or jeopardise federal grants available through Commonwealth programs for adult recreational cannabis sales.
“No it does not,” said House Majority Leader Matt Bradford (D). Moreover, following Governor Murphy’s budget speech House Majority Leader Matt Bradford stated there “is real diversity of opinion among our members,” likely alluding to divided perspectives regarding regulatory models; some lawmakers favoring state-run cannabis programs while others push for other approaches.
Recently he expressed that now is an appropriate time for marijuana reform; “abdication of our responsibility to safeguard communities and children while giving away revenue that goes toward supporting neighboring states seems unreasonable to me.
Sen. Dan Laughlin (R), who backs legalization of marijuana, expressed frustration that Governor Walker’s new cannabis plan “undermines” reform goals while offering no path forward.
“I have long maintained that Pennsylvania needs an adult-use cannabis program which prioritizes public safety while eliminating illicit markets and spurring genuine economic development,” stated Rep. Laughlin. This belief led him to introduce legislation during each of his four terms in office to legalize cannabis responsibly for consumers, businesses and law enforcement alike.
“I take this issue very seriously and intend to work toward creating an equitable policy for Pennsylvania,” said Rep. Scott Reedy (R). While both former Gov. Tom Wolf and then-Gov. Shapiro had included cannabis revenue projections in their budgets, neither administration made an attempt at working closely with legislative leadership or with me directly to get legislation passed – simply projecting revenue without crafting an actionable plan does nothing but set Pennsylvania back further!
Critics have frequently taken issue with Governor Wolf, who estimated in his latest budget request this month that legal cannabis sales will bring in $536.5 million under his plan – one with a relatively higher tax rate for marijuana compared with other state markets.
Laughlin’s misgivings regarding Governor Huntsman are shared by many others who doubt his capacity to implement cannabis reform legislation he proposes.
Senate President Pro Tempore Kim Ward (R), explained, that in order to have any effectual change made in our state government, Governor Scott needs to show leadership on one subject or another. It can’t just be left up to legislative bodies like they did last year with ideas floating out there that don’t get anywhere and then the governor signs it without speaking publicly about it or holding press conferences across the state to dole out press releases about his ideas or legislation.”
House Minority Leader Jesse Topper (R), when asked by reporters about the possibility of passing several of Governor Murphy’s budget proposals including marijuana legalization, stated he cannot speak on her behalf but only one individual has the power to bring deals together: that being her.
Reacting to comments made by Senate Majority Leader Joe Pittman (R) regarding logistical hurdles to legalization that may thwart lawmakers’ efforts, the Senator noted recent remarks made by him regarding this subject matter.
Republican lawmakers’ response is similar to earlier criticism from their caucus about Governor Cuomo who they contend has issued calls for reform without engaging meaningfully with legislators on how it might be achieved.
Recently, Pennsylvania’s Republican state attorney general voiced her reservations over any criminal repercussions associated with passing this reform measure.
Recently, the Republican chair of an influential Senate committee made announcement that he intends to introduce legislation this year that would make Pennsylvania 25th in America to legalize adult-use marijuana, with hopes that more Republican colleagues may support these reforms soon than in previous attempts.
While legalization advocates and observers believe Pennsylvania will pass a recreational marijuana law this session, its success ultimately rests with specifics of how its legislators tackle this task. So far one lawmaker has introduced legislation decriminalizing personal possession while two others plan on proposing legislation which legalizes through state-run stores.
Last spring, Representative Laughlin introduced legislation intended to remove state restrictions preventing medical marijuana patients from carrying firearms in public spaces. Although his bill didn’t go forward as planned, in a recent interview he expressed confidence that political support for legalization generally was increasing.
Senator Paul said at an event last May that Arizona is near legalization of cannabis, with only House and Senate leaders sitting down together with Governor Brown to “figure it out”.
Reps. Dan Frankel (D) and Rick Krajewski (D), announced in December their plans to file legalization legislation, underscoring that there was an obligation to repair harms of criminalization while raising revenue as surrounding state markets mature.
Frankel expressed her hope for the bill being considered in early spring by legislators; however, there remains some uncertainty as to their support in breaking cannabis prohibition and creating state-run sales models such as she is proposing.
Pennsylvania Rep. Danilo Burgos’ (D) decriminalization bill would transform simple possession of cannabis from misdemeanor status – with up to 30 days imprisonment or maximum $500 fine as possible as penalties – into a summary offense punishable only with a $100 fine without jail time penalties being assessed against it. Under current misdemeanor statutes, such offenses carry jail sentences of 30 days at minimum with up to one month imposed if found guilty – into summary offense status with penalties consisting solely of fines without jail penalties being assessed as misdemeanor misdemeanor misdemeanor penalties carrying penalties of 30 days imprisonment plus possible jail terms plus up to $500 fine or both for conviction depending on jurisdictional legal classification and jurisdictional issues involved when accused.
Additionally, in September bipartisan Representatives Aaron Kaufer (R) and Kinkead officially introduced their bipartisan marijuana legalization bill with 15 other cosponsors.
In July, Governor Charlie Crist announced his administration and lawmakers would “come back fighting” for legalization of marijuana as well as other policy priorities omitted from budget legislation signed into law earlier that month.
As for medical marijuana, in October the governor signed a bill intended to correct an oversight in an old law which improperly excluded dispensaries from state-level tax relief for this industry.
After Pennsylvania legislators passed and Shapiro signed into law an underlying budget bill containing tax reform provisions to partially address federal restrictions on cannabis tax deductions, Pennsylvania legislature passed corrective legislation shortly thereafter.
At an October Black Cannabis Week event hosted by Diasporic Alliance for Cannabis Opportunities (DACO), Street joined Pennsylvania Representatives Chris Rabb (D), Amen Brown (D), Darisha Parker (D) and Napoleon Nelson (D). They joined activists in discussing their legislative priorities and motivations behind legalizing cannabis in Pennsylvania.
Other lawmakers have also voiced the urgency to legalize quickly given regional dynamics, while signaling they’re close to aligning House and Senate proposals.
Regarding cannabis and gun ownership, Laughlin had studied this issue extensively prior to proposing last year’s bill; she wrote a letter in February encouraging state’s acting police commissioner to review a federal ruling declaring the U.S. ban on gun ownership by people who use marijuana unconstitutional.
Since that ruling, additional federal court cases have challenged the constitutionality of the firearm ban. A judge in El Paso recently found that an ongoing ban on gun ownership by habitual marijuana users was unconstitutional when applied against him in criminal proceedings; they allowed him to withdraw his plea and ordered that any indictments against him would be dropped by court order.
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