Pennsylvania’s Republican attorney general says while he doesn’t currently support a marijuana legalization bill that passed the House last week, he’s open to changing his mind about the policy change after continuing to review the details.
This marks something of a shift for Attorney General Dave Sunday (R), who has previously voiced public safety concerns about enacting adult-use legalization.
“At this point with what we know—and with all the information out there that we haven’t even looked at yet—I’m not supportive of this current legislation,” Sunday told WTAJ following the House vote on a bill to legalize cannabis with state-run stores.
“But it doesn’t mean I won’t be at some time in the future,” he said.
“I will continue to be a voice for public safety on this issue,” the attorney general said.
During a House committee hearing in March—two months before HB 1200, the bill that passed the House last week, was introduced—Sunday was also asked about the prospect of legalization, which the governor proposed for a third time in his latest budget request. He said at the time that he doesn’t think the reform “would have an impact on a lot of the work that we do, because we focus on fentanyl, methamphetamines, cocaine and things of that nature.”
However, Sunday said he was concerned about an increase in cases involving drug-impaired driving and said, “very simply, I want to highlight that risk and just make sure people are cognizant of it as a legislature is processing everything else that goes into this and making that decision.”
The attorney general has also raised concerns about the “potential harm that could be caused criminally” by enacting legalization.
The bill that advanced through the House and now awaits consideration in the GOP-controlled Senate is being sponsored by Reps. Rick Krajewski (D) and Dan Frankel (D). Following its introduction last week, it moved speedily through the legislative process, clearing committee and the full chamber in the span of days.
GOP lawmakers have raised various concerns about the policy change itself, such as potential impaired driving and workplace intoxication. The procedural and policy-specific concerns are expected to be amplified in the Senate, where members will likely propose significant amendments to the proposed plan.
The largest challenge for the legislation going forward will likely come down to its proposal to have the state control cannabis sales—a regulatory model that exists in no other legal market in the U.S.
For what it’s worth, 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.
Gov. Josh Shapiro (D) has repeatedly called for adult-use marijuana legalization. However, he hasn’t endorsed the specific idea of having a state-controlled model.
Key Pennsylvania lawmakers have already made clear that they’re at odds on the path forward for legalization—while a top Republican senator recently dismissed the idea that the reform is achievable at all this session.
Frankel, for his part, said recently that “this will be the bill that we will see,” referring to his state-run legalization plan, adding that he’s worked “hand-in-hand” with Democratic leadership.
Rep. Abby Major (R)—who is sponsoring another forthcoming legalization bill that envisions a traditional private sales model alongside Rep. Emily Kinkead (D)—said on the floor last week that she stands opposed to the competing bill, emphasizing that she disagrees with the state-run stores proposal.
While Democrats control the House and governor’s office, they will still need to reach a deal with the GOP-controlled Senate to effectuate change. And in addition to the conflicting perspectives among pro-legalization legislators, another potential barrier to reform is exactly that political dynamic.
Senate Majority Leader Joe Pittman (R) said that while he sees a “path forward” for enacting regulations for separate gaming-related reform, “I’m not seeing consensus between the four caucuses and the governor collectively that [marijuana legalization] should be a priority.”
Regardless of which direction Pennsylvania lawmakers do—or don’t—go on marijuana legalization session, a survey released last week shows a majority of adults in the state support the reform—and opposition to the policy change has fallen by nearly 50 percent over the last decade.
Kinkead has made the case in another recent interview that legalizing cannabis in Pennsylvania will help the state mitigate public health and safety concerns associated with the illicit market, including the fact that unregulated products can be laced with fentanyl.
The lawmaker previously introduced a separate bipartisan marijuana legalization bill, alongside 15 other cosponsors, last September. It did not advance, however.
Meanwhile, a Republican Pennsylvania senator recently called for the creation of a state “legacy” fund, using tax revenue from adult-use marijuana sales and gaming to make long-term investments in the Commonwealth’s economy.
The senator argued that, beyond using any resulting tax revenue to fund day-to-day projects and public services, the state should earmark a portion of those tax dollars for a fund to “provide a sustainable source of prosperity that lasts for generations.”
Another GOP Pennsylvania senator, Sen. Gene Yaw (R), is backing the push to legalize marijuana in the commonwealth, pointing out that, historically, prohibition “has not turned out well,” noting the country’s experience with alcohol criminalization.
Pennsylvania House Speaker Joanna McClinton (D) recently said that Democrats are ready to pass a marijuana legalization bill this session, but that the party “will need Republican support” to get the job done—adding that it will be a “heavy lift.”
Another Democratic lawmaker said legislature is “substantially closer” to reaching a deal on marijuana legalization, and an initial vote on a bipartisan cannabis reform bill could come as early as this month.
Polls have shown bipartisan support for legalization among voters, but the reform has consistently stalled in the legislature, owing in large part to GOP 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.
Separately in March, the Pennsylvania House approved a bill sponsored by Frankel that’s meant to strengthen safety standards and oversight of the state’s medical marijuana program as lawmakers work to advance adult-use legalization.
While Pennsylvania’s medical cannabis program was enacted nearly a decade ago, lawmakers say the measure, which now heads to the Senate, is necessary to improve testing compliance, product audits and lab inspections, among other aspects of the industry.
Meanwhile, Pennsylvania Democratic lawmakers recently introduced a bill that would allow farmers and other small agriculture operators to sell marijuana they cultivate to existing growers and and processors if the state moves to legalize adult-use cannabis.
Separately, an independent Pennsylvania agency is projecting more tax dollars to be generated from adult-use marijuana sales compared to what the governor’s office has estimated, although it expects significantly less overall revenue from cannabis legalization due to differing views on licensing fees.
Pennsylvania officials have also launched a new survey that invites legal marijuana businesses across the country to provide information about their operations to help the state better understand the cannabis industry as lawmakers consider enacting adult-use legalization this session.
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Also, in a video interview released in March, the governor emphasized that the state is “losing out” to others that have already enacted adult-use legalization, while maintaining a policy that’s enriched the illicit market.
“I think it’s an issue of freedom and liberty. I mean, if folks want to smoke, they should be able to do so in a safe and legal way,” he said. “We should shut down the black market—and, by the way, every state around us is doing it. Pennsylvanians are driving to those other states and paying taxes in those other states.”
The state’s agriculture secretary separately told lawmakers that he’s fully confident that his department is in a “really good” position to oversee an adult-use marijuana program if lawmakers act.
Meanwhile, in February, top Pennsylvania police and health officials told lawmakers they are prepared to implement marijuana legalization if the legislature moves forward with the reform—and that they stand ready to work together as the details of legislation to achieve it are crafted.
Amid the growing calls for marijuana legalization in Pennsylvania, a GOP state senator said prohibition has been a “disaster,” and a regulated sales model for cannabis—similar to how alcohol and tobacco are handled—could serve as an effective alternative.
A Republican Pennsylvania senator also recently defended the push to legalize and regulate marijuana, calling it “the most conservative stance” on the issue.
Pennsylvania Governor Will Put Marijuana Legalization In His Budget, But Top GOP Senator Remains Skeptical
Photo courtesy of Brian Shamblen.
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