HARRISBURG — Pennsylvania lawmakers continue to press for marijuana legalization but with a state budget deadline looming and the end of the current legislative session just five months away, time is short to enact what one bill sponsor described as a “generational issue.”
State Reps. Emily Kinkead, D-Allegheny, and Aaron Kaufer, R-Luzerne, say they will introduce the first bipartisan proposal to legalize adult-use marijuana — age 21 and older — in the history of the Pennsylvania House of Representatives.
Their forthcoming proposal mirrors what Gov. Josh Shapiro called for in advocating for legalization during his budget address in February — one that regulates the adult-use industry and generates millions in tax revenue, opens a new economy and expunges the criminal records of non-violent offenders convicted of possession.
The bill is similar to a bipartisan measure already introduced in the state Senate by Sens. Sharif Street, D-Philadelphia, and Dan Laughlin, R-Erie. The former appeared alongside the House lawmakers Monday to advocate for its support.
“People say it’s only a matter of time that this is going to happen. There’s no better time than now with support in all four caucuses and the governor,” said Kaufer, who described the potential shift as “generational.”
“Smoking marijuana should not be a crime,” he said.
Public opinion has settled on the side of legalization. A poll conducted in May and commissioned by Fox News found that 69% of respondents favor legalizing marijuana for recreational use — a figure that’s grown in each of such polls conducted for the conservative outlet since 2001.
Recreational use is legal in at least 24 states including Ohio, New York, New Jersey, Delaware and Maryland — all of which border Pennsylvania.
Northumberland County District Attorney Michael O’Donnell, a Republican, circulated a memo to county law enforcement after taking office in January encouraging police officers charge offenders with a summary offense for possession rather than a misdemeanor crime.
At a press conference announcing the latest bill proposal, O’Donnell noted the drain the current ban has on time, resources and taxpayer money — expending a lot to accomplish little for something many in the public already treat as legal.
“Criminalization delegitimizes the legal system in the state of Pennsylvania,” O’Donnell said. “The future is not going to wait for Pennsylvania politics.”
Shapiro included legalization in his budget proposal and estimates that if recreational use were to begin Jan. 1, 2025, a 20% tax on marijuana would yield $14.8 million in the second half of the next fiscal year. That’s the same tax rate proposed in the bipartisan House bill.
That year begins July 1, a day after the state’s statutory budget deadline expires. The deadline is anticipated to pass without a budget finalized, however, the General Assembly is scheduled to be in session through at least the remainder of this week including the weekend in the event negotiations conclude and a deal is reached.
The current two-year legislative session ends Nov. 30. Any bills that don’t become law expire and must be reintroduced for consideration.
A recent report commissioned by pro-legalization advocates, Responsible PA, predicts recreational marijuana would lead to the creation of 33,350 jobs and generate $2.1 billion in sales in the commonwealth. The Independent Fiscal Office projects Pennsylvania could yield more than $1 billion in tax revenue within the first five years.
Kinkead stressed how the forthcoming bill seeks social equity in establishing the recreational marijuana industry in Pennsylvania. There are protections and incentives in place for people in historically marginalized groups based on race and income to enter the market, she said.
Existing medical marijuana dispensaries could be primed to swiftly begin recreational sales, however, that’s only if they invest in an equity applicant, she said.
“They cannot require any kind of a stake in the company or other valuable consideration for that partnership,” Kinkead said.
There are several legalization bills pending in the House including a proposal to sell marijuana through Pennsylvania’s state-owned liquor stores.
Kaufer said the plan isn’t passable as it stands, calling it a “non-starter the moment it hits the doors in the Senate.” Street expressed little faith in the Pennsylvania Liquor Control Board overseeing a marijuana market, saying it’s failed to crack down on issues with “stop and go” stores that already sell alcohol in cities like Philadelphia.
Kinkead said utilizing the state system would run afoul of establishing a social equity plan.
“I think it can’t just be the state that’s benefitting from this,” she said.