Will 2023 be the year Pennsylvania legalizes cannabis? Lawmakers have a new bill, but will need to win enough support from both parties, in both chambers, before it can move to the governor’s desk. As well as opening adult-use dispensaries statewide, the bill would also wipe past criminal records and end arrests for many more.
On July 6, a bipartisan group of lawmakers—Senators Sharif Street (D), Dan Laughlin (R), Timothy Kearney (D), John Kane (D) and Wayne Fontana (D)—introduced Senate Bill 846. It would legalize possession of up to 30 grams of cannabis, as well as purchase and gifting. Home-growing of cannabis plants would remain generally illegal, but be allowed for medical marijuana patients. Courts and law enforcement would be directed to automatically expunge criminal records for people with past convictions for things that would no longer be illegal.
The bill faces an uphill battle in the Pennsylvania legislature, where Democrats have a one-seat advantage in the House, while Republicans have a six-seat advantage in the Senate. But public opinion is solidly behind adult-use legalization: A 2022 CBS poll showed 66 percent of Pennsylvanians supported it. And newly elected Governor Josh Shapiro (D) would be expected to approve it. He supported legalization as attorney general, and campaigned on it in last year’s gubernatorial election.
“We have a unique and singular opportunity to correct decades of mass incarceration, disproportionate enforcement against marginalized communities, and the perpetuation of violence.”
Lawmakers are framing their bill as a form of justice, an end to some of the waste and abuses of the drug war.
“We have a unique and singular opportunity to correct decades of mass incarceration, disproportionate enforcement against marginalized communities, the criminalization of personal choice and the perpetuation of violence, which all materialized from the failed war on drugs,” Sen. Street said. “Legalizing the adult use of cannabis will help us fully and equitably fund education, lower property taxes, and address a variety of community needs throughout Pennsylvania.”
There’s no doubt ending arrests for cannabis use would be a huge step forward. Under current laws, marijuana enforcement is the primary driver of Pennsylvania’s drug policing and arrests. In 2021, cops arrested over 12,400 adults and 1,000 juveniles for simple possession. That averages 38 marijuana arrests every day in the state. Overall, 45 percent—nearly half—of all drug arrests were for cannabis. And prohibition has a racist effect in targeting Black residents, who are three times likelier than white counterparts to be arrested for marijuana possession, despite not being more likely to use the drug.
The proposed automatic nature of record expungement, as experiences elsewhere have demonstrated, is also a critical inclusion. By these measures alone, legalization would make a huge difference to thousands of peoples’ lives.
But in other ways, the bill risks reinforcing injustices it’s supposed to undo.
The bill goes further with a cannabis “social and economic equity” provision. This would provide grants and loans to give members of Black, Brown and other minority communities the resources to start licensed cannabis businesses. The state would be required to investigate and report on diversity numbers in the industry every year, and recommend how to lower barriers for disadvantaged groups. This designation would apply to working and lower-income people, and to marijuana arrest histories.
But in other ways, the bill risks reinforcing injustices it’s supposed to undo. The most obvious is its ban on cannabis home-growing—an option that many states guarantee residents as a legal right. Banning people from growing a plant in their own home is draconian. But home-grow also gives consumers an affordable alternative to dispensary products, and means access isn’t left only in the hands of for-profit businesses. It additionally allows people to grow the unique strains—with the right cannabinoid and terpene profiles—to match their needs. Under SB 846, people would still be forced to risk criminalization to do this.
There are other major problems. Consider the bill’s provisions for tax and revenues: The state would charge an 8 percent sales tax and 6 percent excise tax on cannabis, bringing in revenues estimated at between $400 million and $1 billion annually. That money must be used to first cover the state’s overhead costs in regulating the new market. But any remaining funds would go to municipalities that allow cannabis businesses, and to the state’s general fund to “provide economic relief to this Commonwealth.”
Put simply, governments would get to dip their hand into the money jar and potentially do whatever they wanted with it. So it’s far from clear whether funds would be set aside for programs with relevant benefits—like jobs training and education for formerly incarcerated people—or used in more harmful ways.
Cue, the cops. The bill promises to prioritize “public safety”—empowering police to “adjudicate” cannabis-impaired driving and “eradicate” the illicit market, according to Sen. Street. You can all but guarantee that an illicit market will persist even after legalization, and it’s easy to imagine legal-cannabis revenues funding police task forces to go after it, equipped with more vehicles and guns. We know this happened in California, for example, which legalized in 2016 but has seen continued illicit activity, arrests of Black and Brown residents, and a sometimes militarized police crackdown funded, in part, by cannabis taxes.
Pennsylvania is almost surrounded by legal-cannabis states. If it legalizes, the market dynamics wil dramatically change.
To date, 23 US states and Washington, DC have legalized adult-use cannabis. It’s significant that the Northeast, especially, has seen rapid changes in cannabis laws—New Jersey, New York, Connecticut, Rhode Island, Delaware, Virginia and Maryland have all legalized within just the past few years. That’s left Pennsylvania almost surrounded by legal-cannabis states, meaning residents can just drive over the border to buy their weed and bring it home.
If Pennsylvania legalizes, those market dynamics will dramatically change. Philadelphia, on the interstate 95 corridor between New York City and Washington DC, would certainly become a regional hub for cannabis retail. And Pittsburgh—in southwest Pennsylvania and close to two states, Ohio and West Virginia, that still enforce prohibition—could also become an important center in the Midwest and Ohio River region. As the industry grows, it could even draw new residents to the state, especially New Yorkers and New Jerseyans lured by cheaper housing.
But we’re still a long way from all that. Lawmakers will have to figure out how to get the bill to the finish line. In doing so, they need to give hard thought to whether generating a multi-billion dollar industry will come at the expense of people most harmed by prohibition.
Photograph of Pennsylvania State Capitol by Dough4872 via Wikimedia Commons/Creative Commons 4.0
Show Comments
Brian Kelly
Legalize federally now. What’s legal to possess and consume in nearly half of The United States should not make you a criminal in states still being governed by woefully ignorant prohibitionist politicians.
Cannabis consumers in all states deserve and demand equal rights and protections under our laws that are currently afforded to the drinkers of far more dangerous and deadly, yet perfectly legal, widely accepted, endlessly advertised and even glorified as an All-American pastime, alcohol.
Plain and simple!
Legalize Nationwide Federally Now!
The “War on Cannabis” has been a complete and utter failure. It is the largest component of the broader yet equally unsuccessful “War on Drugs” that has cost our country over a trillion dollars.
Instead of The United States wasting Billions upon Billions more of our yearly tax dollars fighting a never ending “War on Cannabis”, lets generate Billions of dollars, and improve the deficit instead. Especially now, due to Covid-19. It’s a no brainer.
The Prohibition of Cannabis has also ruined the lives of many of our loved ones. In numbers greater than any other nation, our loved ones are being sent to jail and are being given permanent criminal records. Especially, if they happen to be of the “wrong” skin color or they happen to be from the “wrong” neighborhood. Which ruin their chances of employment for the rest of their lives, and for what reason?
Cannabis is much safer to consume than alcohol. Yet do we lock people up for choosing to drink?
Let’s end this hypocrisy now!
The government should never attempt to legislate morality by creating victim-less cannabis “crimes” because it simply does not work and costs the taxpayers a fortune.
Cannabis Legalization Nationwide is an inevitable reality that’s approaching much sooner than prohibitionists think and there is nothing they can do to stop it!
Legalize Nationwide Federally Now! Support Each and Every Cannabis Legalization Initiative!
Brian Kelly
It’s time for us, the majority of The People to take back control of our national cannabis policy. By voting OUT of office any and all politicians who very publicly and vocally admit to having an anti-cannabis, prohibitionist agenda! Time to vote’em all OUT of office. Period. Plain and simple.
Politicians who continue to demonize Cannabis, Corrupt Law Enforcement Officials who prefer to ruin peoples lives over Cannabis possession rather than solve real crimes who fund their departments toys and salaries with monies acquired through cannabis home raids, seizures and forfeitures, and so-called “Addiction Specialists” who make their income off of the judicial misfortunes of our citizens who choose cannabis, – Your actions go against The Will of The People and Your Days In Office Are Numbered! Find new careers before you don’t have one.
The People have spoken! Get on-board with Cannabis Legalization Nationwide, or be left behind and find new careers. Your choice.
Brian Kelly
Every major poll in the nation shows that The Vast Majority of Americans favor The Legalization of Cannabis Nationwide!
“Americans Favor Legalizing Cannabis Support surged 10 percentage points in past year””
-Gallop Poll
“A solid majority of voters nationwide favor legalizing and regulating cannabis similar to the way alcohol and tobacco cigarettes are currently regulated. Most also don’t believe it should be a crime for people to smoke cannabis in the privacy of their own homes”
-Rasmussen Poll
“Americans favor making cannabis legal for adults, according to the findings of a CNN/ORC International survey released late Monday. The percentage is the highest ever reported by the survey, which has been tracking public opinion on the issue since 1973, and marks a 12 percentage point jump in support since the last time pollsters posed the question in 2012”
-CNN Poll
Brian Kelly
Fear of Cannabis Legalization Nationwide is unfounded. Not based on any science or fact whatsoever. So please prohibitionists, we beg you to give your scare tactics, “Conspiracy Theories” and “Doomsday Scenarios” over the inevitable Legalization of Cannabis Nationwide a rest. Nobody is buying them anymore these days. Okay?
Furthermore, if all prohibitionists get when they look into that nice, big and shiny crystal ball of theirs, while wondering about the future of cannabis legalization, is horror, doom, and despair, well then I suggest they return that thing as quickly as possible and reclaim the money they shelled out for it, since it’s obviously defective.
The prohibition of cannabis has not decreased the supply nor the demand for cannabis at all. Not one single iota, and it never will. Just a huge and complete waste of our tax dollars to continue criminalizing citizens for choosing a natural, non-toxic, relatively benign plant proven to be much safer than alcohol.
If prohibitionists are going to take it upon themselves to worry about “saving us all” from ourselves, then they need to start with the drug that causes more death and destruction than every other drug in the world COMBINED, which is alcohol!
Why do prohibitionists feel the continued need to vilify and demonize cannabis when they could more wisely focus their efforts on a real, proven killer, alcohol, which again causes more destruction, violence, and death than all other drugs, COMBINED?
Prohibitionists really should get their priorities straight and/or practice a little live and let live. They’ll live longer, happier, and healthier, with a lot less stress if they refrain from being bent on trying to control others through Draconian Cannabis Laws.
Brian Kelly
There is absolutely no doubt now that the majority of Americans want to completely legalize cannabis nationwide. Our numbers grow on a daily basis.
The prohibitionist view on cannabis is the viewpoint of a minority and rapidly shrinking percentage of Americans. It is based upon decades of lies and propaganda.
Each and every tired old lie they have propagated has been thoroughly proven false by both science and society.
Their tired old rhetoric no longer holds any validity. The vast majority of Americans have seen through the sham of cannabis prohibition in this day and age. The number of prohibitionists left shrinks on a daily basis.
With their credibility shattered, and their not so hidden agendas visible to a much wiser public, what’s left for a cannabis prohibitionist to do?
Maybe, just come to terms with the fact that Cannabis Legalization Nationwide is an inevitable reality that’s approaching much sooner than prohibitionists think, and there is nothing they can do to stop it!
Legalize Nationwide!…and Support All Cannabis Legalization Efforts!
Brian Kelly
“Cannabis is 114 times safer than drinking alcohol”
“Cannabis may be even safer than previously thought, researchers say”
“Cannabis may be even safer than previously thought, researchers say New study: We should stop fighting Cannabis legalization and focus on alcohol and tobacco instead By Christopher Ingraham February 23
Compared with other recreational drugs — including alcohol — Cannabis may be even safer than previously thought. And researchers may be systematically underestimating risks associated with alcohol use.
Those are the top-line findings of recent research published in the journal Scientific Reports, a subsidiary of Nature. Researchers sought to quantify the risk of death associated with the use of a variety of commonly used substances. They found that at the level of individual use, alcohol was the deadliest substance, followed by heroin and cocaine.”
-Washingtonpost
“The report discovered that Cannabis is 114 times less deadly than alcohol. Researchers were able to determine this by comparing the lethal doses with the amount of typical use. Through this approach, Cannabis had the lowest mortality risk to users out of all the drugs they studied. In fact—because the numbers were crossed with typical daily use—Cannabis is the only drug that tested as “low risk.”
-Complex