Proposed Adult-use Marijuana Legalization in Pennsylvania
A bipartisan pair of senators introduced a bill that would legalize cannabis for adult use in Pennsylvania. The latest proposal, introduced by state senators Shari Street (D-Philadelphia) and Dan Laughlin (R-Erie), is bipartisan. The senators drafted legislation that would allow adults 21 and older to purchase and possess cannabis from licensed retailers. The possession limit would be set at 30 grams, and medical marijuana patients would have an option to cultivate up to five plants at home.
Under the proposal, a Pennsylvania Cannabis Regulatory Control Board would be responsible for managing both the medical and recreational programs and issuing marijuana business licenses. Cannabis products would be subject to the state’s six percent sales tax, in addition to a ten percent excise tax. The revenue would go to a new Cannabis Regulation Fund, as well as a Cannabis Business Development Fund that would provide financial aid, loans, grants, and technical assistance to social and economic equity businesses.
The Laughlin-Street Bipartisan Adult Use Marijuana Legalization Bill prioritizes safety, social and economic equity and, engages Pennsylvania’s agricultural industry. Their proposal ensures the vitality of Pennsylvania’s world-class medical marijuana industry while creating thousands of jobs and generating hundreds of millions of dollars in new tax revenue for the Commonwealth.
Below is a summary of the proposed Laughlin-Street Bipartisan Adult Use Marijuana Legalization Bill:
Safe & Legal
Sets the minimum marijuana consumption age at 21 years old; mandates age verification for every purchase.
Bans any marketing directed toward children and provides the appropriate deterrence to keep marijuana out of the hands of anyone under 21 years old.
Allows licensed medical marijuana patients to grow up to five plants in their home
Empowers law enforcement with the means to adjudicate driving under the influence, and, to pursue and eradicate an illicit market.
Provides clarity and consistency for workplace rules regarding marijuana use for all those operating in good faith and protects the Second Amendment rights of all Pennsylvanians.
Social and Economic Equity
Expunges non-violent marijuana convictions and decriminalizes marijuana up to a certain limit.
Creates licenses for social and economic equity applicants and establishes that the majority of new licensees are granted to social and economic applicants.
Leverages Pennsylvania’s existing medical marijuana licensees to fulfill demand on an enhanced timetable while providing social and economic equity licensees the capital and know-how to succeed.
Implements a Business Development Fund, administered by the Commonwealth Financing Authority, to support loans, grants, and studies.
Micro Cultivation Licenses will allow anyone with an interest the opportunity to participate in the emerging cannabis market.
Agricultural rendezvous
Authorizes farmers and craft growers across the Commonwealth to engage in the cultivation of marijuana.
Through established demand, enables any applicant who wants a license to get a license to cultivate marijuana in a manner that is safe and regulated.
New Tax revenue and Jobs
The Pennsylvania Independent Fiscal Office projects that marijuana legalization can generate between $400 million to $1 billion of new tax revenue for the Commonwealth.
The proposal will create thousands of new jobs.
As the world is amid a historic crisis, many Pennsylvania constituents hold the opinion that states and local government leaders should be doing everything possible to avoid raising taxes that could have far seen and unintended consequences on so many communities who are struggling to get by right now. According to a polling memo by Harper Polling, nearly a third of Democrats would be more likely to vote for a Republican legislator who they knew ‘supported controlling, regulating, and taxing the sale of adult-use cannabis in Pennsylvania’ (31%),” the polling memo by Harper Polling, which has traditionally worked for Republican candidates and conservative causes, says. “Male Democrats would be especially willing to consider voting for a Republican legislator who supports adult-use cannabis (45% yes), as would younger Democrats (46% yes).” In conclusion, the poll suggests that one reason for the broad support for legalization is financial: “Voters across all key demographics,” the survey showed, “would rather see the state regulate and tax adult-use cannabis as opposed to raising income, sales, and business taxes.” Pennsylvania is projected to face a budget gap of up to $5 billion later this year, making it more difficult for the state to support workers and rebuild its economy following the coronavirus outbreak.
To reiterate, this bipartisan approach is grounded in safety and social equity. This legislation addresses safety by setting the minimum marijuana consumption age at 21 years old and provides the appropriate deterrence to keep marijuana out of the hands of anyone under 21. It provides law enforcement the means to adjudicate driving under the influence and the authority to pursue and eradicate any illicit market. Furthermore, the bill bans any marketing directed toward children. The bill will provide workplace requirements regarding marijuana use for all those operating in good faith.
To address social equity, the legislation grants licenses to social and economic equity applicants while providing room for new and existing licensees to ensure demand in Pennsylvania is met. To qualify for the Social and Economic Equity program, an applicant (or applicants) with at least 75% ownership and control must have lived in a "disproportionately impacted area" for at least five of the previous 10 years or have been arrested for, convicted of, or adjudicated delinquent for any offense that is eligible for expungement under the legislation. Program qualifications would also exclude a person who receives an annual income of more than $75,000 and/or have financial assets exceeding $250,000 from owning more than 5% of the business.
The legislation defines a "disproportionately impact area" as a census tract that has high rates of arrest, conviction, and incarceration related to the sale, possession, use, cultivation, manufacture, or transport of cannabis and which also meets one of the several economic criteria, such as having a 20% poverty rate or an unemployment rate that is more than 120% of the national unemployment rate for 12 consecutive months.
To further strengthen Pennsylvania’s robust agricultural industry, the proposal empowers farmers and craft growers across the Commonwealth to engage in the cultivation of marijuana in a manner that is safe and regulated
The proposed bill also decriminalizes marijuana up to a certain limit and has been championed in a dual party fashion. The proposed bill would also release anyone currently serving time for nonviolent marijuana offenses. Also, people convicted of low-level cannabis crimes would have those expunged from their records, if the bill passes.
In 2021, New Jersey legislators signed adult-use marijuana into law becoming the first mid-Atlantic state to do so. Not far behind in the legislative process, is the state of New York, which is likely to legalize in the upcoming years. According to Senator Street, “it is our duty to taxpayers to seize the initiative and legalize marijuana concurrently with bordering states. Failure to do so risks permanently ceding hundreds of millions of dollars of new tax revenue as well as thousands of jobs at a time when taxpayers can least afford it.”
Senator Street, also added, “Sensible bipartisan efforts are necessary to find new revenue to rebuild our communities, fund education, and support small businesses.”
During the February 2021 Appropriations hearings, the Pennsylvania Independent Fiscal Office projected the legalization of marijuana for adult use will generate $400 million to $1 billion in new tax revenue for the Commonwealth.
Also, Bob Pease, president of Pennsylvania Cannabis Coalition (PCC), said that legalization could help fill budget holes made worse by the COVID-19 pandemic, noting a report by the state Auditor General’s office indicating legalization could bring in more than $581 million in annual tax revenue.
“A well-formed adult-use program that is regulated, taxed, and controlled,” Pease said, “will provide opportunities for those harmed by inequity created by the War on Drugs while supporting the Commonwealth’s budget in these challenging fiscal times.”
Senator Laughlin stated that “even with a budget shortfall exacerbated by the coronavirus pandemic, his sponsorship is not about the money. Senator Laughlin confirmed his stance by stating, “I know there are many people who believe this will be a large revenue stream, but that’s at the very bottom of my list of reasons to introduce this bill,” he said. “This is where we are as a country. The majority of people want this legalized and regulated.”
Ending prohibition is likely to be a multi-year effort. In the meantime, the state could at least stop criminalizing cannabis consumers, especially when black people in Pennsylvania are three times more likely to be arrested for marijuana possession than white people. For more information on cannabis decriminalization and the various state decriminalization laws, you can check out the Marijuana Policy Project information here.
If you feel compelled to act, you can reach out to local officials and find out their stance on the legalization of adult-use cannabis. You can find information about how to contact your elected officials here. Click here to email your lawmakers and ask that they prioritize legalization this session. After you write your lawmakers, you can also share this action on social media to spread the word. This issue should be a topic of discussion as we look toward the upcoming sessions. Please continue to educate yourself and help end the stigma.
Works Cited
Adlin, Ben. “Pennsylvania Poll On Marijuana Legalization Reveals An Opportunity For Republicans.” Marijuana Moment, 6 May 2020, www.marijuanamoment.net/pennsylvania-poll-on-marijuana-legalization-reveals-an-opportunity-for-republicans/.
“Adult-Use Cannabis.” Senator Sharif Street, 3 Mar. 2021, www.senatorsharifstreet.com/adultuse.
Center, Legislative Data Processing. “Senate Co-Sponsorship Memoranda.” The Official Website for the Pennsylvania General Assembly., www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=S&SPick=20210&cosponId=34801.
Jaeger, Kyle. “Bipartisan Pennsylvania Senators Team Up On New Marijuana Legalization Bill.” Marijuana Moment, 24 Feb. 2021, www.marijuanamoment.net/bipartisan-pennsylvania-senators-team-up-on-new-marijuana-legalization-bill/.
Published October 17, 2019 | By Jeff Smith. “Northeast Governors Host Cannabis Summit to Talk Legalization.” Marijuana Business Daily, 18 Oct. 2019, mjbizdaily.com/northeast-governors-meet-to-create-regional-adult-use-cannabis-plan/.
Rink, Matthew. “Pennsylvania's Sen. Laughlin Sponsors Marijuana Legalization Bill for Adults 21 and Older.” GoErie.com, Erie Times-News, 25 Feb. 2021, www.goerie.com/story/news/politics/government/2021/02/24/laughlin-1st-gop-pa-lawmaker-sponsor-marijuana-legalization-bill/4554184001/.
We Urge You to Consider This Issue during This Year’s. www.senatorsharifstreet.com/wp-content/uploads/2020/07/AUCLetterFinal.pdf.
Wood, Sam. “For the First Time, Legal Weed Gets Republican Senate Support in Pa.” Https://Www.inquirer.com, The Philadelphia Inquirer, 25 Feb. 2021, www.inquirer.com/business/weed/marijuana-weed-legal-pennsylvania-fetterman-senate-20210224.html.