A bipartisan pair of representatives announced plans to introduce a bill to legalize marijuana in Pennsylvania. The bill is largely similar to a bipartisan Senate bill that has stalled since it was introduced nearly a year ago.
“Smoking marijuana should not be a crime,” said bill co-sponsor Aaron Kaufer (R-Lucerne). “We need to prioritize law enforcement resources and redefine a narrative that is not working in today’s society.”
The more than 200-page bill addresses many concerns raised by both supporters and opponents of marijuana legalization, according to Kaufer (R-Lucerne) and co-sponsor Emily Kinkead (D-Allegheny). are dealing with. These include public safety. Consumer protection. Social equity and criminal justice reform. job creation; Increase tax revenue and eliminate the illegal marijuana market.
At a press conference announcing the bill, Kaufer estimated that legal marijuana sales could generate $420 million in tax revenue by fiscal year 2028-29. (Yes, he made the obligatory joke). The numbers appear to be based on a report released in March by the state's Independent Fiscal Office.
Kaufer also estimated that legalization could create about 33,000 jobs in everything from growing plants to marketing and sales.
Passing any legalization bill would require support from legislative leadership in both the House and Senate. At this point, it is unclear whether these party leaders want such a bill. Still, legalization advocates believe now is the ripest time.
Gov. Josh Shapiro has repeatedly expressed support for marijuana legalization. The federal Department of Justice recommended formal reclassification of the substance to demonstrate that it is less dangerous than current law assumes. And now, bipartisan legislation has been introduced in both chambers of the General Assembly.
“Today marks an important milestone,” Meredith Buettner, executive director of the Pennsylvania Cannabis Coalition, said at a press conference announcing the bill's introduction. “Momentum is building and calls for bipartisan action are at a fever pitch.”
The Pennsylvania Cannabis Coalition is one of the state's major lobbying groups focused on legalization and represents the majority of existing medical dispensaries.
Kinkead emphasized to reporters that the bill focuses on ensuring social equity in the emerging cannabis market. The bill's stated goal is to help Pennsylvanians from communities most affected by the war on drugs gain a foothold in the emerging cannabis industry.
A 2013 study frequently cited by legalization advocates found that black Americans were about four times more likely to be arrested for marijuana use than whites (even though marijuana use was similar in both groups). nevertheless).
However, despite best efforts, it is unclear how successful that goal will be. Last year, a House subcommittee heard from numerous experts and business leaders from states that have already legalized marijuana. Advocates, policymakers, and business leaders have detailed the difficulties states such as New York and California face in their efforts to ensure equity in their legal marijuana markets through legislation.
In many cases, aspiring minority executives struggle to gain access to financing for start-ups that deal with substances with contested legal status, especially as they compete with growing domestic companies. There is. This is true even in states where lawmakers have made conscious efforts to address inequities in their legalization bills.
Pennsylvania House Subcommittee Considers Adding Capital Element to Potential Cannabis Bill
“We have to learn from other states about how best to do this and how to get the most out of it,” Kinkead said of legalization.
Kinkead said the bill includes a concept known as “equity status” for Pennsylvanians seeking to open a cannabis business who are disproportionately affected by existing cannabis laws. Applicants for business licenses who qualify for equity status can gain both priority status and access to certain economic benefits, such as the exemption of certain application fees.
Kinkead's bill would require applicants who have previously been charged with marijuana-related offenses, are low-income, or have lived in Pennsylvania neighborhoods with disproportionately high numbers of marijuana arrests in at least five of the past 10 years. Equal status will be given to all applicants.
The bill would also allow marijuana businesses that agree to provide capital and technical assistance, guidance, or training to people who qualify for capital status, even if ownership of the business does not. Become.
This bill would create a process for automatically expunging Pennsylvanians from non-violent marijuana-related charges. It also includes a unique provision that allows Pennsylvanians serving sentences for any type of conviction to apply for resentencing if they were previously charged with marijuana-related offenses. This is because prior convictions are often taken into consideration in sentencing guidelines.
“If you want to talk about gateway drugs, basically marijuana is a gateway drug,” Kinkead said. “It’s a gateway to criminalization.”
The bill would also direct 5% of the revenue collected from taxes on marijuana sales to fund public defenders. As it stands, the state provided its first-ever funding for indigent defense this year: $7.5 million.
Northumberland County District Attorney Michael O'Donnell also expressed support for marijuana legalization at a press conference.
“The continued illegalization of marijuana sends the wrong message,” O'Donnell said. “What is widely accepted by the public cannot be illegal under the law. As a result, it has become acceptable to break the law.”
Kaufer could not say if or when such a bill would pass, but he was optimistic.
Asked about the bill's timeline, Kaufer said, “Our goal is to get this done as quickly as possible.” “We have worked hard to achieve something that will pass today.”
Still, he acknowledged there are challenges.
“We have a Democratic-led House, a Republican-led Senate and a Democratic governor,” Kaufer said. “Threading the needle and trying to work together to find a compromise…It was an effort to get something done.”
