Article Summary –
Pennsylvania’s efforts to legalize recreational cannabis have gained momentum, with broad bipartisan support influenced by successful medical marijuana programs and shifting public opinion. Advocates argue that legalization could generate substantial tax revenue, reduce law enforcement costs, and address social justice issues, such as the disproportionate impact of cannabis laws on Black and brown communities. Current legislative proposals in both the state House and Senate include provisions for expungement of marijuana-related charges, financial assistance for affected individuals to start cannabis businesses, and allocation of tax revenue for indigent legal defense.
When state Sen. Sharif Street started advocating for recreational cannabis legalization in Pennsylvania shortly after taking office in 2017, support was minimal among lawmakers.
However, the landscape is shifting.
Boosted by successful medical marijuana programs and the majority of Americans backing legalization, voters and lawmakers in various states have approved recreational cannabis. Pennsylvania legislators indicate that the commonwealth may soon follow.
“When I started, only a few Democrats supported decriminalization and legalization efforts,” Street said about his earlier attempts to decriminalize and legalize cannabis. “Now, most Democrats and an increasing number of Republicans support it.”
This shift in support is reflected in polls showing most Pennsylvania voters favor legalization of adult-use cannabis, with some 440,000 Pennsylvanians participating in the state’s medical marijuana program, signed into law by Gov. Tom Wolf in 2016.
With nearly every neighboring state offering legal recreational cannabis, bipartisan lawmakers in Pennsylvania argue the state is losing potential tax revenue — potentially hundreds of millions of dollars annually. Additionally, the state could save money spent on prosecuting low-level cannabis offenses, noted Pennsylvania Cannabis Coalition executive director Meredith Buettner.
“The commonwealth would save on law enforcement and judicial resources and rectify the wrongs of the war on drugs,” Buettner added, referring to the federal policy that led to the incarceration of one in 100 American adults and disproportionately targeted Black and brown Americans.
Legislators and activists believe recent support from Gov. Josh Shapiro, Democratic control of the state House, and bipartisan sponsorship in both chambers increase the likelihood of legalization passing. The Senate bill, sponsored by Street and Republican Sen. Dan Laughlin, has been stalled in committee due to opposition from legalization-leery Republicans.
In June, Democratic Rep. Emily Kinkead and Republican Rep. Aaron Kaufer announced a 220-page bill to legalize recreational marijuana. Buettner noted that having bipartisan introduction and a supportive governor is significant progress.
While Shapiro had hoped for cannabis legalization during the budget process, it appears unlikely. However, Kinkead and other supporters are optimistic that the House bill will pass, putting pressure on Senate Republicans.
“Ninety percent of Pennsylvania borders states where it’s already legal,” Kinkead stated. “Ohio’s setting up dispensaries along our border to tap into our market. Legalizing it will keep revenue in Pennsylvania.”
Kinkead and Kaufer’s bill proposes an adult-use marijuana program overseen by the Pennsylvania Department of Agriculture, in line with Shapiro’s budget address. The Senate bill suggests creating a new board for regulation, with the Department of Agriculture playing a significant role. Both bills include expungement processes for marijuana-related charges and support for individuals affected by existing laws.
The House bill would allocate 5% of cannabis tax revenue to fund indigent legal defense. Street emphasized the importance of equity in legalization, citing racial disparities in cannabis law enforcement in his Philadelphia neighborhood.
“African Americans faced law enforcement for smoking cannabis, unlike middle-class white students from Temple University,” Street said, highlighting the need for fair cannabis laws.
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