Pennsylvania Democratic lawmakers introduced a measure that would permit farmers and small-scale agriculture operators to market marijuana to growers, processors and existing cannabis users if Pennsylvania legalized adult-use cannabis.
Melissa Shusterman and five of her colleagues, who are Democrats, filed a bill Thursday, as the Legislature once again tackles the marijuana issue. They want to include small farmers in the cannabis industry, by creating a permit process, so that they can compete with large operators.
Shusterman, in an official cosponsorship letter said: “As states continue to legalize cannabis for adult use, it’s only a question of time until Pennsylvania follows suit.” When adult-use marijuana is legalized in Pennsylvania I believe that all people, farmers, and small businesses, should be able to access and participate equally in the industry.
The legalization of cannabis for adult use will benefit Pennsylvania’s farmers, and the communities they live in. She added that this legislation will protect farmers’ participation in the cannabis industry in Pennsylvania. “The legalization must make sure that PA’s farmers get fair access this new market to ensure sales revenues and profits stay in PA.
It remains to be determined whether the Pennsylvania Legislature will legalize marijuana in this session. Democratic and Republican leaders have mixed views about reform prospects. Gov. Josh Shapiro’s (D) latest budget proposal also included the change.
If the prohibition ends, then the new legislation would provide for a more equitable participation in industry.
In the bill text, it states that Department of Health will be in charge of creating regulations and issuing permits to farmers and growers who are eligible. These individuals or entities can “obtain seeds and plant material” from growers/processors within Commonwealth, to allow them to grow, distribute, process, or manufacture adult-use cannabis according to Department regulations.
When deciding whether to issue a permit for a cannabis farmer, the Department would have to look at the local population, public transportation, and any other relevant factors.
The laws also include certain requirements that farmers must meet. For instance, the permittees would be required to inform regulators about certain organizational changes, to alert law enforcement of any incidents where cannabis has been stolen, and to submit to both announced and unannounced inspections.
A $2,500 application fee would be required to obtain the permit. If the permit is approved, you will need to pay a second $2,500 fee.
The tax rate on marijuana products that are sold to growers or processors is 1 percent of the gross sales.
The bill will also amend current law in the state regarding medical marijuana. It requires the advisory board that is currently present to make “recommendations on whether the number of growers should be increased, decreased, or changed.”
It is not yet known if the lawmakers will pass a law legalizing marijuana.
On Tuesday, Pennsylvania House Speaker Joanna McClinton (D) 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 GOP has been the main obstacle to the legalization of marijuana in California. Polls show that there’s bipartisan agreement among voters. However, it is the GOP who have consistently blocked the change in policy. But not all Republican members are against the reform—and one recently said she felt her party should seize the “opportunity to snatch” the issue from Democrats.
Rep. Rick Krajewski (D)—who announced in December his intent to file a legalization measure alongside House Health Committee Chair Dan Frankel (D)—also recently said the policy would provide for “more responsible usage” of cannabis, compared to the status quo that’s left adults either buying from the illicit market or traveling across state lines to get regulated products.
Separately last month, 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 marijuana program has been in place for nearly 10 years. However, legislators say that the new bill, now headed to the Senate to be voted on, will improve compliance with testing, audits of products, and laboratory inspections amongst other industry aspects.
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Also, in a video interview released last month, 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 this is a matter of liberty and freedom. He said that if people want to smoke they should have the option to do it in a way that is safe and legal. “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.
Pennsylvania’s Republican attorney general recently said he wants to be a “voice for potential public safety risks” of enacting the governor’s proposal—though he said his office would be ready to enforce the new law if lawmakers did vote to pass it.
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 new survey shows Pennsylvania voters prefer a model in which cannabis is sold through licensed private businesses rather than a state-run system, as some lawmakers have promoted.
Ohio House Panel Changes Marijuana Bill to Include Tax Revenues, Licensing Provisions And Equity
California State Fair Photo.
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