Heal and Grow PA: An Advocates' Legal Vision
Growing up, advocates envisioned a future where the cannabis legalization market would be inclusive for them. Most naively believed they could someday be a commercial grower or own a public dispensary. However, as the medical cannabis movement gained momentum, it became clear that it was not grassroots advocates shaping the new legislation, but rather lobby groups and wealthy multi-state operators. The medical laws enacted included million-dollar buy-ins that effectively excluded ordinary citizens. Well-intentioned diversity, equity, and inclusion (DEI) initiatives fell short of their promised intent, and advocates with convictions were completely sidelined. Traditional, affordable methods of consuming cannabis, such as using glass pipes and joints, were explicitly banned in favor of costly battery-operated devices largely sourced from foreign manufacturers without inadequate safety standards. Additionally, consuming state-approved medical cannabis has led to severe DUI penalties with little to no movement to fix the issue by lawmakers. Instead of fostering a fair marketplace, we’ve enabled a corporate monopoly.
Immediate Cannabis Expungement
You can’t legalize adult use of cannabis without righting past wrongs. Advocates are willing to forgive their governments for the collective beating they have taken. Untold tragedies have unfolded due to convictions that lasted a lifetime. Countless families are broken, lives have been destroyed and we need to repair our community with haste. They cannot heal or move on with integrity without immediate expungement of non violent cannabis convictions including all past simple DUI convictions for metabolites.
Private Home Grow
For many cannabis enthusiasts, cultivating their own plants is a primary goal. They cut it for votes to get a medical bill passed. Politicians need to understand this is a non-negotiable item for adult use advocates. Like homebrewers, individuals over the age of 21 should have the right to grow cannabis. It seems unreasonable and unwise to criminalize home cultivation while also profiting significantly from tax revenues in an already overtaxed population. If adults are prevented from growing cannabis on their property, it feels like mere prohibition 2.0.
Limited Licenses vs. State Stores
Pennsylvania's prohibition of cannabis began in 1933, it has been 92 years. Both legalization options present their own pros and cons, but neither offers a utopian freedom. The notion that a state that once incarcerated for possession will now be selling cannabis feels contradictory as an advocate. However, the idea of breaking up the current corporate-dominated medical “marijuana” system to improve access could be a positive outcome for both patients and the business community. Recently, corporate multi-state operator supporting organizations have campaigned against the state store model proposed by Dan Frankel (D-Allegheny) and Rick Krajewski (D-Philadelphia). Yet, you wonder if this model could indeed foster private ancillary businesses like cultivation and approved consumption sites, creating new entrepreneurial opportunities across Pennsylvania. A fresh, innovative approach away from the corporate to state dispensary model could potentially garner bipartisan support. Either way the state wins.
Equity for All
Individuals negatively impacted by past cannabis laws should have their criminal records expunged, freeing them from burdens imposed by the government. Previous cannabis convictions should not hinder anyone from participating in this sector; however, it shouldn't automatically elevate anyone to a position of advantage. Those who have waited patiently for access to the industry deserve an equal opportunity as well. Average Pennsylvanians should have as much of a chance at the legal industry as the giant corporations who monopolized the current medical system.
Inclusivity for All
As citizens of the United States over the age of 21, regardless of sex or race, we all deserve equal treatment under the law. We face an overarching authority as advocates and even as non-advocates. The perceived wealth generated by the cannabis industry does not belong to any single group, nor will it solve any individual issue. Although not often voiced, the promises of DEI and preferential treatment have not worked. The chair of the Pennsylvania Legislative Black Caucus has expressed that minority focused aspects will be important in winning the caucus’ support on any legislation. Both legalization bills have ignored protections offered by the 14th Amendment's Equal Protection Clause.
Safe Access
Robust testing protocols are crucial for any cannabis product before it hits the market. Mold remediation should be entirely prohibited. This practice has been successfully lobbied for by wealthy multi-state operators, putting unsuspecting medical patients at risk. It’s vital to educate the public on the products available and the consumer should have access to all information related to the product including standard testing results. Safe Access includes local access as well. Rural participants should not have to drive out of their county to get their goods.
Consumption Lounges
While public consumption will likely remain prohibited under any new law, cannabis could be enjoyed responsibly in designated lounges, much like alcohol in bars or taverns. Licensing private businesses to operate as consumption lounges in Pennsylvania could foster entrepreneurial opportunities and significantly contribute to the state's tax revenue, driving economic growth and innovation.
Mild Taxation
Tax rates should be low enough to dissuade continued illicit market activity. Supporters advocate the way to end illicit activity is to allow the traditional market purveyors to participate in commerce. A suggested tax revenue model should be split for implementing the law which includes regulatory oversight and support for the industry, education initiatives, and the remaining split equally between municipalities and the general fund. Municipalities should retain the right to decline participation in commercial dispensaries, cultivation sites, or consumption lounges. However, if they choose to opt out, they should not receive any share of the tax revenue generated by the emerging industry.
Fix the DUI
No impairment is necessary to convict. Pennsylvania's DUI laws have faced criticism for their approach to THC-related cases. The state enforces a zero-tolerance policy, meaning that any detectable amount of THC in a driver's system can lead to a DUI conviction, regardless of actual impairment. The highest penalty is proffered often and has become a lucrative low hanging fruit for police. Politicians would rather punt the ball than approach policing the issue of implementing impairment tests based on reliable scientific methods rather than solely relying on THC presence. Creating provisions for medical cannabis patients to avoid unjust penalties should have been crafted in the medical bill. Tax revenue from adult use needs to address scientific impairment standards. Public awareness, educating lawmakers and the police about the new approach will be necessary.
What Now?
Advocates, the backbone of the cannabis legalization movement, are often overlooked in Pennsylvania's DUI laws, state stores vs. private licenses, and taxation. These are nuanced aspects that require lawmakers to take a thoughtful and science-driven approach. Insights into public safety, taxation allocation, and the need for robust product testing are equally crucial for building trust and promoting informed consumption.
Emphasizing immediate expungement for nonviolent offenses and DUI convictions is both compassionate and necessary. The damage done by outdated cannabis laws has left lasting scars, and addressing this is essential for true progress. Similarly, advocating for the rights of individuals to grow cannabis at home reflects a commitment to personal freedom that resonates with many. Regarding inclusivity, equity, and DEI, focus on equal opportunities under the 14th Amendment highlighting a systemic approach that ensures no group is left behind in the evolving cannabis industry. Advocating for equity, fairness, and safe access for all in a way that acknowledges past injustices while seeking innovative solutions can propel Pennsylvania to be a national leader in cannabis.
Staff Writer:
Jeff Zick
