Politics
Pennsylvania Senate Committee Rejects Marijuana Legalization Bill That Was Approved By House
A Pennsylvania Senate committee has rejected a bill to legalize marijuana with state-run stores that narrowly passed the House last week.
On Tuesday, the Senate Law and Justice Committee defeated the legislation from Reps. Rick Krajewski (D) and Dan Frankel (D) in a 7-3 vote.
“I really expected a little bit of back-and-forth discussions and work on these bills if we are going to truly put a product on the governor’s desk, we are not going to get there—with this model, at least,” Sen. Dan Laughlin (R), who has championed separate bipartisan legalization legislation, said.
The GOP senator also called out Gov. Josh Shapiro (D), who supports legalization, for allegedly not doing enough to build consensus on legislation to enact the reform.
“I believe that, if there’s a path to getting adult-use cannabis passed, the governor himself is going to have to roll his sleeves up and help do some of the work,” he said. “I have not seen that yet, but hopefully we can get there—and I know it’s going to be a vigorously discussed process, so I look forward to working…to try and get a passable version through the Senate, through the House and off to the governor.”
The speedy process by which the bill advanced through the House gave lawmakers, particularly on the GOP side, heartburn—a complaint that was reiterated in the Senate committee.
GOP members have also raised various concerns about the policy change itself, such as potential impaired driving and workplace intoxication. The procedural and policy-specific concerns were amplified in the Senate panel, though members did not propose any amendments to the legislation.
Sen. Lisa Boscola (D) pressed Laughlin on why he didn’t file an amendment to replace it with his earlier legalization bill, which would have established a conventional private sales model for cannabis. He said simply “we’re not ready.”
Laughlin also commented on the state-run cannabis shop provisions of the bill, HB 1200, saying that “the state being involved in selling potentially cannabis and alcohol is just a wrong message to send to our citizens.”
“We also have objections from the beer, wine and distilled spirit stakeholders, he said. “And while the alcohol industry is generally supportive of the legalization of cannabis, the idea of sharing already-limited shelf space for the federally illegal product is sure to be met with logistical and business-related objections.”
Prior to the Senate panel’s vote, Pennsylvania’s Republican attorney general said that while he doesn’t currently support the House-passed marijuana legalization bill, he’s open to changing his mind about the policy change after continuing to review the details.
For what it’s worth, a recent poll found that Pennsylvania voters say they favor a model where cannabis is sold by licensed private businesses, rather than through a system of state-run stores.
The governor has repeatedly called for adult-use marijuana legalization. However, he hasn’t endorsed the specific idea of having a state-controlled model.
Rep. Abby Major (R)—who is sponsoring another forthcoming legalization bill that envisions a traditional private sales model alongside Rep. Emily Kinkead (D)—said during the House floor debate on HB 1200 that she stands opposed to the competing bill, emphasizing that she disagrees with the state-run stores proposal.
While Democrats control the House and governor’s office, they will still need to reach a deal with the GOP-controlled Senate to effectuate change. And in addition to the conflicting perspectives among pro-legalization legislators, another potential barrier to reform is exactly that political dynamic.
Senate Majority Leader Joe Pittman (R) said that while he sees a “path forward” for enacting regulations for separate gaming-related reform, “I’m not seeing consensus between the four caucuses and the governor collectively that [marijuana legalization] should be a priority.”
Regardless of which direction Pennsylvania lawmakers do—or don’t—go on marijuana legalization this session, a survey released in April shows a majority of adults in the state support the reform—and opposition to the policy change has fallen by nearly 50 percent over the last decade.
Kinkead has made the case in another recent interview that legalizing cannabis in Pennsylvania will help the state mitigate public health and safety concerns associated with the illicit market, including the fact that unregulated products can be laced with fentanyl.
The lawmaker previously introduced a separate bipartisan marijuana legalization bill, alongside 15 other cosponsors, last September. It did not advance, however.
Meanwhile, Laughlin recently called for the creation of a state “legacy” fund, using tax revenue from adult-use marijuana sales and gaming to make long-term investments in the Commonwealth’s economy.
The senator argued that, beyond using any resulting tax revenue to fund day-to-day projects and public services, the state should earmark a portion of those tax dollars for a fund to “provide a sustainable source of prosperity that lasts for generations.”
Another GOP Pennsylvania senator, Sen. Gene Yaw (R), is backing the push to legalize marijuana in the commonwealth, pointing out that, historically, prohibition “has not turned out well,” noting the country’s experience with alcohol criminalization.
Pennsylvania House Speaker Joanna McClinton (D) recently 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.”
Polls have shown bipartisan support for legalization among voters, but the reform has consistently stalled in the legislature, owing in large part to GOP opposition. But not all Republican members are against the policy change—and one recently said she felt her party should seize the “opportunity to snatch” the issue from Democrats.
Separately in March, 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.
While Pennsylvania’s medical cannabis program was enacted nearly a decade ago, lawmakers say the measure, which now heads to the Senate, is necessary to improve testing compliance, product audits and lab inspections, among other aspects of the industry.
Meanwhile, Pennsylvania Democratic lawmakers recently introduced a bill that would allow farmers and other small agriculture operators to sell marijuana they cultivate to existing growers and and processors if the state moves to legalize adult-use cannabis.
Separately, an independent Pennsylvania agency is projecting more tax dollars to be generated from adult-use marijuana sales compared to what the governor’s office has estimated, although it expects significantly less overall revenue from cannabis legalization due to differing views on licensing fees.
Pennsylvania officials have also launched a new survey that invites legal marijuana businesses across the country to provide information about their operations to help the state better understand the cannabis industry as lawmakers consider enacting adult-use legalization this session.
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Also, in a video interview released in March, 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 it’s an issue of freedom and liberty. I mean, if folks want to smoke, they should be able to do so in a safe and legal way,” he said. “We should shut down the black market—and, by the way, every state around us is doing it. Pennsylvanians are driving to those other states and paying taxes in those other states.”
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.
Photo courtesy of Philip Steffan.
