The legalization of recreational marijuana use took a big step forward in Pennsylvania this week, as the state House passed a 173-page bill to permit use of the drug. But as the question shifts from whether, to how legalization will happen, the reform could still end up getting burnt.
Sponsored by Rick Krajewski of Philadelphia, and co-sponsored by fellow Democrat Dan Frankel of Pittsburgh, the measure would have the state's Liquor Control Board control sales of the product, offering it through a system of stores much like its network of liquor stores.
The bill, HB 1200, passed the House Wednesday along party lines, 102-101.
It's time to "put a permanent end to the criminalization of cannabis, protect the public health, and make sure that Pennsylvanians and local businesses stand to benefit," said Frankel on the House floor. The bill would also expunge records for those previously convicted of possession and non-violent crimes — an effort to ensure that people punished under the old legal regime don't get left behind in the new one.
But an unlikely coalition has sprung up to oppose the bill, including conservative Republicans who oppose any form of legalization and cannabis industry groups who have long favored it.
That's because the debate is shifting from "Should we allow the sale of marijuana for recreational purposes?" to "Who will be allowed to sell marijuana for recreational purposes?" And a lot is riding on the answer.
The Pennsylvania Cannabis Coalition represents the dozens of dispensaries already permitted to sell marijuana statewide for medical purposes. In a statement Wednesday, the coalition warned that "excluding the current industry from a future adult-use market risks delaying safe access, weakening consumer confidence, and unintentionally supporting the illicit market."
Some legislators oppose the state-store model, too.
Republican Dan Laughlin of Erie and Democrat Sharif Street of Philadelphia — who partnered to propose a legalization bill supported by the cannabis industry — said as much in statements after the vote. Laughlin put it bluntly, saying there was "zero chance that the state store model will make it through the Senate."
And with cannabis still considered a Schedule I drug by the federal government, some Republicans expressed misgivings about the consequences if state workers were violating federal law.
State Rep. Abby Major (R-Armstrong/Westmoreland) said the state could just expand the existing dispensary system but was instead "choosing to start from scratch [and] to say, 'Sorry, we've been arresting and prosecuting you for 100 years for selling cannabis, but that's okay — we'll take it from here.'"
Besides, she said on the state floor Wednesday, having state workers handle the task could jeopardize "the state's access to federal funding."
"I call bullshit on that … because the state takes money off of the [medical marijuana] system now," said Wendell Young IV, president of the state's United Food and Commercial Workers union, which represents state liquor store employees. His union would include workers at state-run cannabis stores as well, he said.
"The people that work in the [medical marijuana] system pay taxes," Young told WESA. "If it's illegal to do so, then there's already a whole lot of people in trouble."
Young said that going forward, the debate "shouldn't be about what's only best for the cannabis businesses. It first and foremost ought to be about what's best for Pennsylvanians."
An LCB-driven system wouldn't be bad for members of his union, a significant player in Harrisburg. Its impact on other sectors of society is less clear.
Legalization advocates told WESA they want to ensure communities who suffered under the old rules can
"Give the people who were harmed full access on all levels," said Kristal Bush, social impact director of reform group Free My Weedman. "And if the state was to actually take over, then what would that leave those [medical marijuana dispensary] employees?"
Krajewski said that grassroots businesses might be crowded out in an open market as well — this time by large corporate players.
"In Pennsylvania, 10 out-of-state corporations with a combined valuation of more than $6 billion control more than 70% of our current medical dispensaries," he said in a press conference after the vote. "[W]ithout proper controls in place, we risk turning Pennsylvania into the new playground for corporate cannabis."
The debate over the right way to legalize marijuana is homegrown in Allegheny County, too. Frankel and his crosstown colleague, Emily Kinkead, have introduced rival bills in this, and previous, legislative sessions.
Kinkead says she would have "serious concerns … if the folks closest to the pain of the war on drugs are not the closest to the benefits of ultimate legalization."
Frankel's bill does include some social-justice provisions. It allocates 2.5% of revenue to minority-owned businesses, for example, and would create licenses for smoking lounges. (Critics worry that vying for such a license could be difficult or costly, as it is for bars and restaurants seeking liquor licenses.)
Frankel's approach has attracted support. The Pennsylvania Medical Society, which doesn't support legalization, still backed HB1200 because it gives the state "authority to comprehensively regulate [the] cannabis industry, to ensure responsible use and minimize societal harms."
Kinkead voted in favor of HB1200, though she told WESA she hopes the Senate makes adjustments to it.
She and Major are working on their own bipartisan legalization proposal, though it has yet to be introduced. And if the Senate doesn't act on Frankel's bill, Kinkead said, "Then there's perhaps a stronger argument for trying again … with different language."
Michael Reid, another legalization advocate, said that after talking to Republican and Democratic senators, he's optimistic they can work with what the House sent over.
"Some people might have wanted it to come out of the House looking like a Cadillac — this would probably be more like a Honda Civic," Reid said. "But the vehicle is on the road, which is exciting."