POT OF MONEY?
Area lawmakers skeptical of Wolf’s promises of economic benefit
When Pennsylvania Gov. Tom Wolf introduced a broad legislative agenda for the fall last week that included the legalization of recreational marijuana, it seemed like a win for those who support such a move.
But the governor’s words won’t necessarily turn into legislative action.
While public opinion on the issue is trending toward support and the financial benefits of the move are clear, many state lawmakers and law enforcement officials continue to oppose the idea of legalizing recreational marijuana.
That list includes many who represent Berks County.
Wolf, a Democrat, has made clear his support for the legalization of recreational marijuana, first announcing that stance last fall. His lieutenant governor, John Fetterman, has toured the state getting input from residents about how they feel about it.
The latest announcement takes Wolf’s support one step further, asking lawmakers to change the law to allow the sale of marijuana for recreational use to help the state recover from the economic downturn created by the coronavirus pandemic. He said he would use the proceeds to support existing small business grant funding and to fund restorative justice programs.
Berks County legislators say they are not on board with that idea.
What the lawmakers say
Despite growing support from the public and the potential economic boon that legalizing recreational marijuana would create, the governor’s call for action drew strong opposition from Republican leaders who control the majority in both the Senate and House.
Rep. Jerry Knowles pointed out that it wasn’t that long ago when Wolf shared his view that the state was not ready for legalizing marijuana.
Nearly a year ago, Wolf moved beyond his previously stated position of wanting to study the experience of the 11 other states as well as the District of Columbia that have passed marijuana legalization laws. For the first time, at a press conference at the Capitol, he said he thought it was time for Pennsylvania to join them.
“Not that long ago, the governor agreed with me, and he was quoted as saying he was not in favor of legalizing recreational pot,” the Schuylkill County Republican said. “The governor will continue to overspend and use pot to feed his spending addiction. It will once again require you, the taxpayer, to bail him out.”
Sen. David Argall said the move is unnecessary.
The Schuylkill County Republican said that if the governor really cared about the struggling economy he should have signed legislation that had been passed by lawmakers on both sides of the aisle in the House and Senate to reopen the economy, especially in those regions of the state that have not been hit hard by the pandemic.
Sen. Judy Schwank said it would be highly unlikely that the commonwealth could get a program of that scale up and running fast enough to help alleviate the roughly $5 billion shortfall the state is facing this budget season.
And, the Ruscombmanor Township Democrat added, there’s no guarantee the move would have the financial impact the governor is counting on.
“I’m concerned that the revenue may not meet our expectations,” she said. “Other states have proven that legalizing marijuana doesn’t eliminate the illegal market, and instead has resulted in a saturated market of legal and illegal marijuana without the projected revenue.”
But if there is a way to implement a safe and responsible program, Schwank said she supports using the revenue to provide relief to struggling small businesses until the country emerges from the pandemic and later diverting those funds to efforts to eliminate school property taxes. Rep. Mark Gillen said he believes the state can help make small businesses profitable again without relying on an increased and expanded taxation of goods and services, including the legalization of recreational marijuana. “While I supported the decriminalization of recreational marijuana, I am not in favor of complete legalization,” the Robeson Township Republican said. “The tremendous social costs, alone, give me great pause.” Gillen said he has attended several meetings with local organizations responsible for providing treatment for individuals with substance abuse challenges and that every single health advocate who was present was vocally opposed to making this change in the law. Rep. Mark Rozzi sees things differently than his colleagues. The Muhlenberg Township Democrat said he was in favor of the legalization of recreational marijuana before the pandemic hit but is even more enthusiastic now that the governor is pushing for the proceeds to specifically benefit small business owners. “It really makes me see how proactive he is being in getting ahead of this crisis that could get much worse as this pandemic continues,” he said. “I’m proud of the governor for taking these measures knowing that there is a crisis on the horizon, and if we don’t do something soon it’s going to be catastrophic for many small businesses.” Rozzi said his colleagues who criticize this proposal better have their own solution. “We’re going into a budget season that will have billions in deficits,” he said. “We have to come with a solution. If you criticize this, you better have a good reason and you better have a way to come up with this grant money.” Rozzi said he firmly believes marijuana poses no more threat than alcohol. “We can put laws in place that prohibit driving while high or ban smoking in public places,” he said. “But we’re talking about a billion dollar industry in Pennsylvania. For us to not at least debate this issue is simply wrong.” Sen. Katie Muth agrees with Rozzi, but her support is dependent on some conditions. The Montgomery County Democrat said that while she generally supports the concept of recreational marijuana use, there are a few things she needs to see in the legislation. She wants the release of inmates jailed on nonviolent marijuana charges; the automatic expungement of those charges; and reparations paid to those individuals.
Muth said the legislation also would have to create specific rules for the sale of marijuana similar to alcohol and measures to prevent privatization and corporate monopolies.
“Legalizing adult cannabis use is an opportunity to engage local farmers and small businesses in a new market which would expand economic strength,” she said. “Further, the tax revenue generated could help toward Pennsylvania’s post-COVID economic downfall, but this alone will not save our commonwealth from financial ruin.”
What law enforcement says
Berks County District Attorney John T. Adams opposes legalizing marijuana, saying other states where that’s been done have seen increases in impaired driving crashes and deaths.
“If we do legalize, I think we will see the same effects,” he said.
He also thinks legalization would lead to an increase in adults buying marijuana and selling to juveniles.
“I’m not a doctor, but I believe that it (marijuana) would become much more available to young people whose brains are still developing,” he said.
“It’s a health and safety issue,” he said. “And other than taxes, I just don’t see a benefit.”
Adams prefers another way to reduce marijuana cases in Berks courts, which is continuing to admit some defendants charged with possessing a small amount to the county’s Marijuana Diversion Program.
In that program they receive education from the Council on Chemical Abuse and their charges are dismissed if they complete it.
“It keeps people out of the criminal justice system,” he said. “And it’s just a more appropriate penalty.”
Spring Township Police
Chief Bryan Ross compared Wolf’s marijuana plan to Pennsylvania’s recent change in fireworks laws to allow more explosive materials to be purchased.
While that law brought in more tax money, it also created problems for communities now experiencing excessive noise, fires and other problems, and which are now calling for the law to be reversed, he said.
“They didn’t take into account the concerns of law enforcement, and now municipalities are dealing with the consequences,” he said. “With marijuana, it would be the same thing.”
Even if marijuana is legalized there would still be people growing and selling it illegally, Ross said.
And he thinks legalization would increase marijuana use and lead more people to become dependent on the drug.
“I’m no medical expert, but common sense says we’re going to have some addiction issues,” he said.
Also, he said, more marijuana use would mean more impaired drivers, but it’s harder for police to tell when a motorist is under the influence of cannabis than it is for alcohol.
“If you are allowed to buy and use marijuana, I think it would be at least as problematic (with drivers) as alcohol, and I think we’ll see at least some degree of carnage on the highways,” agreed Bern Township Police Chief Wesley Waugh.
Intoxicated driving is also the biggest concern regarding marijuana legalization for Cumru Township Chief Madison Winchester.
And while he sees the benefits of medical marijuana programs, he thinks recreational marijuana would do more harm than good in terms of public health.
What legalization advocates say
The Pennsylvania Cannabis Coalition is the trade association for
Pennsylvania’s licensed marijuana industry, and in May it commissioned a poll of Pennsylvanians that showed strong support for legalizing marijuana.
Harper Polling found that 62% of the likely voters who responded favored the sale of cannabis to adults. That included self-described liberals at 76%, moderates at 63% and conservatives at 54%.
It shows Pennsylvanians believe allowing the sale of adult-use cannabis is an idea whose time has come, said coalition President Bob Pease.
“Allowing adult-use will create jobs, generate tax revenue, displace an illicit market and increase consumer protections,” he said.
Fifty-nine percent of voters polled said cannabis should be sold through licensed cannabis dispensaries run by private entrepreneurs rather than state-controlled liquor stores.
There is no clear consensus in the addiction treatment industry regarding the legalization of recreational marijuana.
In Berks, the Council on Chemical Abuse was unavailable, and Pennsylvania Adult and Teen Challenge treatment center in Rehrersburg and Easy Does It recovery facility in Bern Township had no comment.
But the Marijuana Policy Project, a national organization supporting the legalization of cannabis, believes that for many, marijuana can be a safer alternative to opioids and other stronger pain and sleep drugs.
“Marijuana is not harmless, but there are no fatal overdoses with it,” said project Director of State Policies Karen O’Keefe. “And marijuana is safer than alcohol, which is legal.”
O’Keefe said study after study has concluded that marijuana policy reform is not linked to increased rates of marijuana use among teens, a concern she hears often. Among the studies was a 2019 report by the Journal of the American Medical Association that found that legalization of marijuana for adults was associated with an 8% decline in past 30-day marijuana use and a 9% decline in frequent use among teens. An analysis of 55 academic papers and multiple data sources published by the journal Current Addiction Reports concluded, “liberal forms of medical cannabis regulation ... have not to date increased rates of cannabis use among adolescents.” Colorado and Washington were the first states to legalize marijuana for adult use, and both have conducted large-scale surveys involving tens of thousands of high school students in the years since. In each case, the results show an overall reduction in past 30-day marijuana use among teens. States that have legalized marijuana, though, have seen big financial benefits, she said. California took in $538 million in tax revenue related to marijuana sales in 2019; Washington received $434 million in 2019; Colorado made $290 million in 2019; and Oregon $116 million in 2019. Marijuana-possession arrests, convictions and incarcerations ruin lives and bog down law enforcement and court systems, O’Keefe said. And those who suffer most are Blacks because there is a severe racial disparity in arrests, she said. She referred to a recent American Civil Liberties Union study that found that on average, a Black person is 3.64 times more likely to be arrested for marijuana possession than a white person, even though Back and white people use marijuana at a similar rate. It is hard to tell if states that legalized recreational marijuana have seen an increase in use and users, O’Keefe said. But there is no doubt that regulating its use makes it safer, she said. Those who sell it illegally often aren’t concerned about adding toxic substances to their product, about selling it to juveniles or about using violence to maintain territory, she said. But with government oversight, marijuana sales and use would present less danger for everyone involved, she said. “People are already using marijuana in very high numbers,” she said. “But when you buy it illegally you have no way to know what’s in it, or how potent it is. When it’s regulated, you are buying a tested product.”