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Bipartisan bill hopes to legalize cannabis in Pennsylvania

Could recreational cannabis soon be available in your area?

According to two Pennsylvania lawmakers, the answer is yes.

Reps. Aaron Kaufer (R-Luzerne) and Emily Kinkead (D-Allegheny) have joined forces and intend to introduce a comprehensive bill to legalize adult-use cannabis that prioritizes public safety, consumer protection, social justice and criminal justice reform.

In their memo of joint support, Kaufer and Kinkead wrote that they believe the time is now right for Pennsylvania to follow a similar path to its western neighbor Ohio, legalizing recreational marijuana use and thwarting any attempts by the Buckeye State to collect money from Pennsylvania.

“This bill underscores our commitment to responsible regulation of the cannabis industry while addressing the diverse needs of Pennsylvania communities,” Kaufer said. “Because this legislation prioritizes public safety and consumer protection, it will build on the successful regulatory structure of the state's medical cannabis program and continue to maintain rigorous standards for product quality, packaging and labeling to ensure the well-being of all consumers.”

“It's past time for the state to legalize recreational cannabis, address the injustices of the failed war on drugs, and ensure that Pennsylvanians can benefit from this industry just as much as our neighboring states,” Kinkead said. “Our bipartisan efforts to find specific language that takes into account other states' best practices is the next important step in finally making that happen.”

In detail, the draft law provides for the following:

  • Establishes parameters for an adult-use program under the supervision of the Secretary of Agriculture;
  • Creates guardrails for the licensed sale and legal use of cannabis that will help eradicate the illegal market;
  • Supports small businesses in participating in the marketplace, with particular priority given to rural, minority, women-owned and veteran-owned businesses.
  • Establishes strict guidelines for the labelling, packaging and advertising of products to ensure that products are not marketed to children and young people;
  • Implements a “clean slate” policy and criminal justice reforms for residents with cannabis-related convictions;
  • Provides funding and support to law enforcement agencies to ensure enforcement of cannabis regulations;
  • Provides funding to local communities with cannabis businesses;
  • Use our agricultural infrastructure and support local farmers;
  • Generates new revenue for the state and creates jobs.

Governor Josh Shapiro has proposed marijuana legislation and related tax revenue as part of his $48.3 billion budget for fiscal year 2025. Voters of all parties are positive about the idea, according to a recent Franklin & Marshall College poll. Sixty-two percent of respondents believe cannabis should be legalized for recreational use. And nearly half (48 percent) support selling legal marijuana through the state's existing medical marijuana dispensaries rather than state-run cannabis stores (29 percent).

The 220-page bill recognizes the potential of Pennsylvania's agricultural sector and provides comprehensive opportunities for farmers to participate in the legal cannabis market. It also aims to place a strong emphasis on social justice and criminal justice reform by creating opportunities for individuals disproportionately impacted by outdated cannabis policies. Through measures such as expunging past non-violent cannabis offenses and prioritizing licenses for small and minority-owned businesses, the legislation aims to promote fairness and inclusivity within the industry.

Persons aged 21 and over would be permitted to possess, consume, use, purchase, obtain or transport cannabis provided the amount does not exceed 30 grams of cannabis flower, 1,000 mg of THC in edible or non-edible cannabis products, or five grams of cannabis concentrate. Consumption would be permitted anywhere smoking is permitted.

Minor users will receive a written warning for the first offense, a fine not exceeding $250 for the second offense, and a fine not exceeding $500 for the third and subsequent offenses.

The bill proposes a sales tax of eight percent. The revenue would go into a cannabis regulatory fund in the state treasury. Ten percent of the fund's revenue would be allocated to local police departments to enforce the regulations and five percent would be allocated to defend those in need.

With just a few days left before the General Assembly's summer recess and a budget to pass, it remains to be seen whether this bill will get the attention its supporters hope for. Then there's the question of whether lawmakers would be willing to take up the bill after Labor Day and before the general election in November.

Any legislation not passed by the end of the 2024 calendar year will expire when the House's two-year session ends in December. Since Kaufer is not seeking re-election, if Kinkead returns to the House in January, she would need another Republican counterpart to allow the bill to move forward with bipartisan support.

Steve Ulrich is editor-in-chief of PoliticsPA.

This article was originally published in PoliticsPA..

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