Pennsylvania legislators are considering proposals to legalize pot. However, according to a recent poll, voters prefer the model of cannabis being sold privately by licensed businesses over a state-run system, which some legislators had promoted. In the meantime, a legal memo concluded that a state-run model is “fundamentally flawed” and preempted under federal law.
The survey from Change Research, which was commissioned by the advocacy group ResponsiblePA, first reaffirmed what several polls have already found: A majority—in this case 74 percent of Pennsylvania voters—back legalizing adult-use cannabis sales in the Keystone State.
In light of the recent legislative battles, the poll sought to measure voter attitudes towards two potential regulatory frameworks. Results showed that the public preferred the model of a private commercial market, which is already in place in some states.
Two questions were asked. In both instances, the majority preferred the privatized model. However, in the first round, 51 percent favored the conventional commercial market, while 25 percent favored the state-run option, which is similar to the way Pennsylvania treats alcohol.
After learning more about both options—including being told that state-run stores would “allow the state to control pricing, sales, and distribution, potentially generating more public revenue but limiting opportunities for PA businesses and competition”—support for the private model jumped to 57 percent and the state-run preference stayed steady at 25 percent.
A memo from Change Research stated that “these views are not partisan, as majorities of Democrats (49%), Independents (54%), and Republicans (67%), all support private retail implementation.” A memo from Change Research said that “68 percent of respondents believe a privatized model would help keep money in the local community, while 68 per cent are worried about state monopolies limiting opportunities for business.”
Nearly two-thirds (61%) also support the idea that existing dispensaries for medical cannabis in the state can “immediately start” serving adult users after legalization.
Further, respondents agreed to the statement that “Pennsylvania must move ahead now and legalize cannabis by 2025.” The economy will suffer if we delay, as it restricts patient and consumer access and encourages an illicit market.
Some 30 percent of Pennsylvanians, however, said that lawmakers should “not rush the process” and more research, planning, and discussion are required before states legalize marijuana. A further 7 percent were not sure.
After being asked to specify how the tax revenue generated by marijuana sales would be spent, 61 percent chose public education. Infrastructure improvements (53 percent), substance abuse treatment (47%) and funding for law enforcement (41%) followed.
In a Thursday press release, ResponsiblePA’s Brittany Crampsie, spokesperson, said that Pennsylvania’s marijuana jobs were good-paying jobs, with healthcare and paid leave, as well as economic opportunities.
She said: “An adult use program using Pennsylvania businesses would add up to 33,500 jobs in the Commonwealth. Pennsylvanians also prefer a privately run cannabis retail system to one that is federally mandated.” “The only way to achieve real reform is through the private sector.”
Interviews were conducted with 1,129 Pennsylvania registered voters between January 25 and 30.
ResponsiblePA also circulates a new Legal Memo prepared by law firm Kleinbard LLC which states that state-run models for cannabis sales are “unlikely” to meet federal preemption precepts because they do not allow state actions to advance the decriminalization of marijuana. [Controlled Substances Act], [a Pennsylvania Liquor Control Board] “The role of the state requires that it take action which is clearly in violation of the CSA.”
In the case of a state-run program, officials from the state “would directly be responsible for the procurement, marketing, distribution, and sale of cannabis in the state owned liquor stores,” according to the memo. Courts have, however, repeatedly invalidated clauses requiring affirmative measures prohibited by CSA. Courts have found many “positive conflicts”, but in far less severe circumstances.
Meanwhile, 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.”
While the majority of voters support legalization in polls, this policy has remained stagnant in the state legislature due to the GOP’s opposition. 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 separate 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, passed nearly a decade earlier, has now been sent to the Senate. Lawmakers say this new measure is essential to improving testing compliance, lab inspections and product audits.
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The governor also stated in an interview that was released last month that his state has “lost out” compared to other states who have legalized the adult-use of marijuana, and that he is maintaining a strategy that enriches the illegal market.
I think this is a matter of liberty and freedom. “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 drive to other states, and pay taxes there.
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.
Please read the complete polling memo.
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Mike Latimer is the photographer.
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