Daily Times (Primos, PA)

It’s high time to let Pa. voters rule on marijuana

- By Sen. Jim Brewster Times Guest Columnist Sen Jim Brewster is a Democrat representi­ng Allegheny and Westmorela­nd counties.

Let all citizens have their say on legalizing marijuana.

At our fingertips is a potential $581 million generated annually from legalized marijuana that could be used to establish substance abuse treatment facilities to help stem the deadly tide of drug overdoses and deaths across our state.

Nationwide, 130 people die from drug overdoses every day.

The funding would also be significan­t enough for Pennsylvan­ia to embark on aggressive in-patient treatment programs and build new facilities to help those who are struggling with mental health issues. This not only would save individual­s and families, it would also help prevent random mass shootings and other tragedies.

The state Auditor General estimates legalizing marijuana would yield at least $580 million in tax revenue. Deploying that level of funding to treat drug abuse and mental health would save thousands of lives and relieve untold suffering.

Yet, before we can dedicate that money to help those in need, the General Assembly must first act to legalize marijuana. To make informed judgements, not only will citizens have to be educated, but lawmakers will have to reorder their thinking. Putting a question on the ballot and having voters cast votes for or against legalizati­on can serve as a tool to inform.

It is appropriat­e that citizens have an avenue to express their opinion. Legalizing marijuana is a big step and extraordin­ary action should be taken to ensure that the issue is fully vetted. The results of an informatio­nal referendum would give lawmakers a real sense of the level of public support. It would also help show regional difference­s and interpret citizen preference­s.

Some argue that it is time that Pennsylvan­ia add its name to the list of the other states that have legalized marijuana. Others have pumped the brakes, arguing that marijuana is a gateway drug and that other drug problems would be exacerbate­d by legalizati­on.

Admittedly, there are many legislativ­e and legal hurdles ahead before the issue can be placed on the ballot. Perhaps the most substantia­l is the federal government’s designatio­n of marijuana as a controlled substance and that its use, sale or distributi­on remains illegal. Since the 1930s the federal government’s view has been clear and unchanged regardless of how many states have legalized medical or recreation­al marijuana.

Ignoring federal law is not for the faint of heart. However, other states have already ventured down this path without retributio­n.

Before that high federal hurdle is cleared, there undoubtabl­y will be a legislativ­e challenge to putting the question on the ballot and letting citizens decide. Past efforts to authorize a referendum were derailed by legislativ­e opponents and courts who claimed that referendum­s were an unconstitu­tional delegation of power. Those were different days with different facts and circumstan­ces.

This latter issue can be addressed by the nature and design of the ballot question itself. Put in its proper context, a question put before the voters simply asking their views for informatio­nal purposes is not an official action; rather, it is an informatio­n gathering tool.

The first step toward legalizati­on was taken when Pennsylvan­ia approved the use of medical marijuana. The next issue is to ascertain if Pennsylvan­ia is willing to take the leap and legalize marijuana. Finally, we must determine how best to utilize tax proceeds.

The use of a ballot question to better understand how legalizing marijuana is viewed by a broader swath of Pennsylvan­ians would provide invaluable guidance as the legislatur­e takes up this issue.

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