The Pennsylvania Senate has rejected a bill passed by the Pennsylvania House to legalize the sale of marijuana through state-run stores. Lawmakers from both chambers, who are in favor of the reform, have been trading barbs over their respective roles in the failed effort to end the prohibition.
Rep. Dan Frankel (D)—sponsor of the House measure alongside Rep. Rick Krajewski (D) that failed in the Senate Law and Justice Committee on Tuesday—took a hit at Chairman Dan Laughlin (R) after his panel rejected the measure, saying “Republicans have had control of the Senate for 30 years, and the first time they bring up a cannabis legalization bill, it’s to vote it down.”
This is how it works: The House passes the bill and the Senate follows suit. They then work with one another to make it happen. [the governor] “We need to find the best law possible,” he added. Cannabis is accessible and regulated in PA, which benefits the communities.
They were made in response a post from Laughlin on X, who said that he supports legalizing cannabis but believes the Frankel model for state-run stores won’t be approved by the Senate.
It is not an argument, but a statement of fact. The House’s advance of HB 1200 into the Senate was a political show, not a true legalization attempt,” Laughlin explained. “I’ve not received any discussion from House leaders or bill sponsors.”
“I’m committed to creating a marijuana bill that passes the Senate and is signed into legislation to benefit Pennsylvanians as a whole,” said he. The first step is for everyone to have an open dialogue, both the House Leadership and Governor, in order to come up with a realistic, non-political approach.
The senator stated that he had “really anticipated a bit of back and forth discussions and work on this bill if we were going to really put a finished product on Governor’s desk.”
“We will not get there, at the very least, with this particular model,” he stated. The state will act as the buyer and limit choice for consumers, driving them to other legal markets in neighboring states like Maryland, New Jersey and New York. This will result in the state outsourcing significant revenue, much like we do with alcohol.
Laughlin did not reply to a MEDCAN24 request for comment about how he has actively reached out to the House leadership to discuss a reform path.
Krajewski said, during a conference of the press following last week’s vote on the House floor, that “if they were serious about passing cannabis legislation, then they would have given us one.”
He said, “But we have sent forward a bill.” If the Senate wants to pass cannabis legislation, now we have something we can negotiate about.
Prior to the Senate panel’s vote this week, Pennsylvania’s Republican attorney general said that while he doesn’t currently support the House-passed marijuana legalization bill, he’s open to changing his mind about the policy change after continuing to review the details.
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.
He has called on the legalization of marijuana for adults. He has not endorsed a specific state-controlled marijuana model.
Rep. Abby Major (R)—who is sponsoring another forthcoming legalization bill that envisions a traditional private sales model alongside Rep. Emily Kinkead (D)—said during the House floor debate on HB 1200 that she stands opposed to the competing bill, emphasizing that she disagrees with the state-run stores proposal.
Even though Democrats have control of the House, Governor’s Office and Senate, they still must reach an agreement with Republicans to bring about change. This political dynamic, in conjunction with the divergent perspectives of pro-legalization politicians, is another possible barrier to change.
Senate Majority Speaker Joe Pittman, a Republican from the Senate majority leader said he saw a path forward for the enactment of regulations related to separate gaming reform. “I don’t see consensus between the caucuses or the governor that I can agree on.” [marijuana legalization] “Priority should be given to this.”
Regardless of which direction Pennsylvania lawmakers do—or don’t—go on marijuana legalization this session, a survey released in April 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. However, it did not move forward.
Meanwhile, Laughlin 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.
Senator argued, that the state, in addition to using tax revenues to finance day-today public projects, should also set aside a part of these tax dollars to create a “sustainable source of prosperity” that would last for many 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.”
The reform is stalled 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.
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.
Pennsylvania’s medical cannabis program, though it was implemented nearly a decade earlier, has now been sent to the Senate. Lawmakers say this measure is needed to improve the testing compliance, the product audits and the lab inspections.
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 also have launched a survey inviting legal marijuana businesses in the United States to share information on their business operations. This will help Pennsylvania better understand the cannabis market as legislators consider adult-use legalization during this legislative 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 believe it is an issue of liberty and liberties. “I mean, people should be allowed to smoke in a legal and safe way if they want to,” said he. “We should shut down the black market—and, by the way, every state around us is doing it. Pennsylvanians pay their taxes and drive into 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.
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