Pennsylvania Senators Bipartisan are seeking support for the upcoming marijuana legalization measure they will introduce in Pennsylvania.
Sens. As they did in previous sessions, Dan Laughlin and Sharif Street are again collaborating on this reform proposal. Their co-sponsorship note was distributed on Tuesday, amid increasing pressure to legalize and a new call from the Governor for a policy change.
The senators’ new memo states that, “While Pennsylvania is making significant progress in legalizing marijuana for medical purposes, legalizing marijuana for adult use would allow more patients to access marijuana who might not be eligible under the existing medical marijuana criteria,” The legalization of marijuana also strengthens the state’s infrastructure for both adult-use and medical marijuana programs, making them more efficient and safe.
Laughlin and Street stated that the measure of legalization promotes the public’s health and safety while fighting the illegal cannabis market, “where there are no safety standards.”
This would stop the criminalization and stigmatization of marijuana use, in particular for communities of color who have suffered disproportionately from marijuana arrests. In removing penalties from adult possession and use, we will reduce the workload of law enforcement. “We can offer individuals with prior possession convictions a path to have their records expunged, which will give them an equal chance for employment and social participation.”
It further points out the economic opportunity of enacting a regulated and taxed system of marijuana sales—benefits that they note are already being repeated in surrounding states that have moved to legalize.
The authors wrote that “as the neighboring state continue to reap benefits from legalization it is essential for Pennsylvania to follow suit and remain competitive in order to avoid the loss of revenue, economic opportunity and other tax revenues across states.”
The Republican and Democratic sponsors both criticized the same key element of Gov. Josh Shapiro (D)’s marijuana budget proposal is the proposed tax of 26 percent on all cannabis products.
According to lawmakers, “taxing adult-use cannabis at 26 per cent will continue to push individuals toward the illicit marijuana market and to states that offer more affordable prices.” The lawmakers said that a tax rate too high would undermine the legal market’s competitiveness and drive consumers away from illegal sources.
The governor has faced this criticism repeatedly. In his most recent budget proposal, he projected that legal cannabis sales would generate $536.5 millions for the state. His plan involves a higher tax rate on marijuana than other states cannabis markets.
In a release issued on Tuesday, Laughlin noted that eliminating “outdated criminal punishments is a vital step toward justice.” She added that this bill would “also offer a way to expunge prior marijuana possession convictions giving individuals a chance at employment or community reintegration.”
Last week, 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.
Meanwhile, amid the growing calls for marijuana legalization in Pennsylvania, a GOP state senator says 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.
Voters are ready to see that policy change, according to a poll released last week.
The survey, commissioned by the advocacy group ResponsiblePA, found that nearly 7 in 10 voters in the state support the reform—including a majority of Republicans. 63 percent of respondents want to see this year’s reforms enacted by the legislature, not delayed.
Brit Crampsie of ResponsiblePA said, in a release on the new cosponsorship memorandum: “The leadership shown by Senator Laughlin through their introduction of bipartisan legislation has made a meaningful contribution to adult-use marijuana legalization in Pennsylvania.” The bill, which is a popular one among Pennsylvanians (a recent poll showed 74 per cent of respondents supporting legalization for adult-use marijuana), comes just as the budget of this year calls for it to be passed.
“This issue is no longer just about what Pennsylvanians want—it’s about what the state needs to meet revenue projections,” she said.
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While Shapiro once again included a proposal to enact cannabis legalization in his latest budget request, there’s been mixed feedback from legislators—some of whom want to see the governor more proactively come to the table to discuss possible pathways for reform and others skeptical about the possibility of advancing the issue this session.
Senate Appropriations Committee Chair Scott Martin (R), for example, said this week that he doesn’t “see any path whatsoever” to enacting legalization in line with the governor’s plan.
The state secretary of the Department of Revenue also predicted that Shapiro’s proposal would be approved during this budget cycle. He indicated that the reform could begin within months.
House Majority leader Matt Bradford (D) said, meanwhile, following the Governor’s Budget Speech that there is “real diversity of opinion among our members.” This was likely in reference to split opinions on regulatory models. Some lawmakers are pushing for a cannabis state program.
He also said recently that he feels the time is ripe to advance marijuana reform this session, saying “it strikes me as abdicating our responsibility to protect our communities and our children, and at the same time, we are losing revenue that is going to go into our neighboring states.”
However, key lawmakers are sceptical about whether the Governor can see the reforms he proposes.
The governor must take the lead in something. Kim Ward, Senate Pro Tempore (R), said that if he wanted something to be done, then he needed to take the lead. “He can’t throw an idea out there—which he did last year—and say, ‘Let the legislature figure it out. I will sign it. “Then I will go to all the states and do press conferences.”
House Minority Leader Jesse Topper, (R), was also asked about implementing marijuana in the budget of Governor Rick Scott. And he said while he’s “not going to speak for the governor,” there’s “one person that has the ability to bring those deals together—and that is the governor.”
He referenced recent remarks from Senate Majority Leader Joe Pittman (R) who said there are logistical challenges to advancing legalization that he’s unsure lawmakers will be able to overcome.
The feedback from GOP lawmakers is reminiscent of earlier criticism from the caucus about the governor, who they’ve claimed has made the call for reform without meaningfully engaging with the legislature about how to get it done.
Also, the new Republican state attorney general of Pennsylvania recently raised concerns about the “potential harm that could be caused criminally” by enacting the reform.
He said that he expects to introduce legislation in this year to make Pennsylvania one of 25 states to have legalized adult-use marijuana. He also thinks that more of his GOP colleagues could get on board with the reform soon than have in the past.
The devil lies in the detail. While legalization activists and observers consider Pennsylvania to be one of the more likely states this year to pass an recreational marijuana law, there are still many details that need attention. One lawmaker has floated a relatively simple bill to decriminalize personal possession, while two others plan to introduce more sweeping legislation that would legalize through a state-run system of stores.
Laughlin last spring introduced a bill meant to remove state barriers to medical marijuana patients carrying firearms. While the bill never moved forward, Laughlin said recently in an interview that the political support for marijuana legalization has grown.
The senator said an event last May that the state is “getting close” to legalizing marijuana, but the job will only get done if House and Senate leaders sit down with the governor and “work it out.”
Reps. Dan Frankel (D) and Rick Krajewski (D) announced in December that they planned to file legalization legislation, emphasizing that there’s a “moral obligation” to repair harms of criminalization while also raising revenue as neighboring state markets mature.
Frankel stated that sponsors hoped to vote on the legislation “sometime in early spring.” However, it remains to be seen whether or not the legislature will support the effort to end the cannabis prohibition.
A separate decriminalization measure, meanwhile, from Pennsylvania Rep. Danilo Burgos (D), would make simple possession of cannabis a summary offense punishable by a $100 fine without the threat of jail time. Current law considers low-level cannabis possession a misdemeanor that can result in up to 30days of jail time, maximum $500 fine, or both.
Additionally, in September, bipartisan Reps. Aaron Kaufer (R) and Kinkead formally introduced a bipartisan marijuana legalization bill, alongside 15 other cosponsors.
In July, the governor said his administration and lawmakers would “come back and continue to fight” for marijuana legalization and other policy priorities that were omitted from budget legislation he signed into law that month.
As for medical marijuana, the governor in October signed a bill to correct an omission in a law that unintentionally excluded dispensaries from state-level tax relief for the medical marijuana industry.
About three months after the legislature approved the underlying budget bill that Shapiro signed containing tax reform provisions as a partial workaround to a federal ban on tax deductions for cannabis businesses, the Pennsylvania legislature passed corrective legislation.
Separately, at a Black Cannabis Week event hosted recently by the Diasporic Alliance for Cannabis Opportunities (DACO) in October, Street and Reps. Chris Rabb (D), Amen Brown (D), Darisha Parker (D) and Napoleon Nelson (D) joined activists to discuss their legislative priorities and motivations behind advancing legalization in the Keystone State.
Other lawmakers have also emphasized the urgency of legalizing as soon as possible given regional dynamics, while signaling that legislators are close to aligning House and Senate proposals.
As for cannabis and gun ownership, Laughlin had been looking at the issue for more than a year before introducing last year’s bill, writing last February to the state’s acting police commissioner to “strongly encourage” he review a federal ruling that the U.S. government’s ban on gun ownership by people who use marijuana is unconstitutional.
In the years since, other federal court cases have challenged the constitutionality the federal gun ban. A federal judge in El Paso, for example, recently ruled that the ongoing ban on gun ownership by habitual marijuana users was unconstitutional in the case of a defendant who earlier pleaded guilty to the criminal charge. The man was allowed to withdraw his guilty plea. He also had the charges against him dismissed.
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Side Pocket Images. Photo by Chris Wallis.
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