Pennsylvania’s bipartisan lawmakers circulate a memorandum seeking support for the upcoming medical cannabis bill, which will clarify employment rules and provide protections to patients.
In the midst of heated debates over adult use legalization, Reps. Tim Twardzik and Napoleon Nelson sent a memo on Tuesday to their colleagues detailing their intention to introduce legislation that will “provide much-needed clarity to both employers and workers regarding medical marijuana usage in the workplace.”
They said that while medical marijuana became legal in Pennsylvania in 2016 through Act 16, it is still illegal under federal law. This creates uncertainty in the workplace for employers as they navigate policies. The federal guidelines that govern the use of prescription drugs by employees do not include medical marijuana. This leaves employers in the dark.
They said that “despite Act 16’s workplace-related provisions that are designed to protect workers in employment decisions,” many employers still experience confusion when interpreting their legal obligations. Their proposal “directly addresses that ambiguity.”
The proposal would amend the current medical cannabis laws to clarify terminology, provide guidelines for drug testing for employees and applicants and detail the circumstances that require disclosure of marijuana usage for positions with safety-sensitive responsibilities.
This bill is important because it will It is not clear how to get there. Change the Act 16 provision that prevents an employer from terminating, refusing to employ, or discriminating a person. solely According to the memo, “no employee will be allowed into the workplace if they are a marijuana medical patient.” It aims at ensuring fair and transparent work practices that benefit employers as well as employees.
It is not known what the text will be, but we expect it to mirror a Senate-filed version last month filed by Sen. Patrick Stefano. In January, the senator sent out a co-sponsorship letter.
It is expected that the latest version of the bill will be unveiled at a period when attention has been focused on broader reforms in cannabis law. The governor recently said he remains “hopeful” that lawmakers can deliver an adult-use marijuana legalization bill to his desk by a budget deadline at the end of this month—and he’s urged the GOP-controlled Senate to “put their ideas on the table” after the defeat of a House-passed cannabis reform measure in that chamber.
The Governor said, “We have had a really honest and good dialogue on it.” Josh Shapiro, a Democrat who has recently criticised the Senate’s abrupt derailment of the House bill legalizing marijuana for recreational use, stated.
After the House’s bill was defeated, it remains to see if Pennsylvania legislators are going to advance the legalization of marijuana this year. The House bill called for an innovative system of dispensaries run by the state. But two Democratic lawmakers—Sen. Sharif Street (D) and Rep. Rick Krajewski (D)—recently said they’re aiming to reach a compromise and pass reform legislation before the budget deadline.
Also, last month Sen. Marty Flynn (D) announced his intent to file a new bill to legalize marijuana in the state, calling on colleagues to join him on the measure.
Street is “cautiously hopeful” that the House legislation Krajewski and Rep. Dan Frankel sponsored along with the House was not approved in the Senate after its rapid passage through the House on party-line votes. He added, however, that he remains confident they will be able revive and amend the bill to allow us to move forward and get the bill to the Governor’s desk to realize revenue.
That said, Sen. Dan Laughlin (R), who has sponsored legalization legislation with Street, recently seemed to suggest that lawmakers should pump the brakes on the push to enact the policy change amid resistance to reform within his caucus and instead pass a bill to create a new regulatory body that can begin overseeing medical cannabis and hemp while preparing to eventually handle the adult-use market as well.
Laughlin stated, “I am committed to crafting a marijuana bill that will pass the Senate and become law for all Pennsylvanians.” “That starts with honest dialogue from everyone involved, including House leadership and the governor, to develop a realistic approach–not political theater.”
Following the Senate committee vote, lawmakers from both chambers who support legalization have been trading criticisms about each other’s roles in the stalled push to end prohibition.
Krajewski, for example, recently wrote in a MEDCAN24 op-ed that Senate Republicans who killed his House-passed cannabis legalization bill are “stuck in their prohibitionist views of the past” and are “out of touch with the will of our Commonwealth.”
Prior to that vote, 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.
To effect change, Democrats will need to work with the GOP controlled Senate even though they control the House of Representatives and the Governor’s office. 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 that 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 is important.”
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.”
In polls, there is bipartisan agreement on legalization, but it has been stalled by the GOP in the legislative branch, in part due to their 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, established nearly a decade earlier, has now been sent to the Senate. Lawmakers say it is needed to improve the testing compliance, the product audits, the lab inspections and other aspects of this 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 launched an online survey asking legal marijuana companies across the nation to submit information about their businesses. The aim is to better help Pennsylvania understand the cannabis business as it considers adult use legalization in 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 believe it is an issue of liberty and liberties. “I mean, people should be allowed to smoke in a legal and safe way.” he stated. “We should shut down the black market—and, by the way, every state around us is doing it. Pennsylvanians drive to other states, and pay taxes there.
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.
A poll shows that sports fans are happy to see cannabis brands sponsoring teams in professional leagues like the NFL, NBA and MLB.
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