Bipartisan Pennsylvania Lawmakers Promote New Medical Marijuana Bill To Clarify Employment Laws For Patients
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Bipartisan Pennsylvania lawmakers are circulating a memo seeking support for a forthcoming bill that would revise the state’s medical cannabis law to clarify employment rules and protections for patients.
Amid heightened debates around enacting adult-use legalization in the Keystone State, Reps. Tim Twardzik (R) and Napoleon Nelson (D) sent out a cosponsorship memo to colleagues on Tuesday detailing their intent to introduce legislation they said will provide “much-needed clarity for both employers and employees regarding medical marijuana use in the workplace.”
“While medical marijuana was legalized in Pennsylvania through Act 16 in 2016, it remains illegal under federal law, creating ongoing uncertainty for employers navigating workplace policies,” they said. “Federal guidelines for managing an employee’s use of legal prescription medications do not extend to medical marijuana, leaving employers without clear direction.”
“Although Act 16 includes workplace-related provisions designed to protect employees in employment decisions, many employers continue to experience confusion in interpreting their obligations under the law,” they said, adding that their proposal will “directly address that ambiguity.”
Under the proposal, the existing medical cannabis law would be amended to define terminology to “ensure consistency in interpretation,” provide guidance for “drug testing procedures applicable to employees and job applicants,” detail which circumstances “requiring disclosure of medical marijuana use for safety-sensitive positions” and clarify the rules around medical marijuana treatment as part of unemployment and workers’ compensation.
“Importantly, this bill will not alter the existing provision in Act 16 that prohibits employers from firing, refusing to hire, or discriminating against an individual solely due to their status as a medical marijuana patient,” the memo says. “Instead, it aims to ensure fair and transparent workplace practices, benefiting both employers and employees alike.”
The text of the legislation isn’t available yet, but it expected to reflect a Senate version filed last month by Sen. Patrick Stefano (R). The senator circulated a similar cosponsorship memo in January ahead of its introduction.
The latest version is set to be introduced at a time of increased attention to broader cannabis reform in the state. The governor recently said he remains “hopeful” that lawmakers can deliver an adult-use marijuana legalization bill to his desk by a budget deadline at the end of this month—and he’s urged the GOP-controlled Senate to “put their ideas on the table” after the defeat of a House-passed cannabis reform measure in that chamber.
“We’ve had really good, honest dialogue about it,” Gov. Josh Shapiro (D), who recently criticized the Senate for abruptly derailing the House marijuana legalization bill, said.
Whether Pennsylvania legislators will advance legalization this session remains to be seen following the defeat of the House bill, which called for a novel system of state-run dispensaries. But two Democratic lawmakers—Sen. Sharif Street (D) and Rep. Rick Krajewski (D)—recently said they’re aiming to reach a compromise and pass reform legislation before the budget deadline.
Also, last month Sen. Marty Flynn (D) announced his intent to file a new bill to legalize marijuana in the state, calling on colleagues to join him on the measure.
While the House legislation Krajewski sponsored alongside Rep. Dan Frankel (D) was rejected in a Senate committee following its expedited passage through the House along party lines, Street said he’s “cautiously optimistic we’re going to be able to revive the bill and amend it and move forward with a work product that allows us to get a bill on the governor’s desk and realize revenue.”
That said, Sen. Dan Laughlin (R), who has sponsored legalization legislation with Street, recently seemed to suggest that lawmakers should pump the brakes on the push to enact the policy change amid resistance to reform within his caucus and instead pass a bill to create a new regulatory body that can begin overseeing medical cannabis and hemp while preparing to eventually handle the adult-use market as well.
“I remain committed to crafting a cannabis bill that can pass the Senate and be signed into law to benefit all Pennsylvanians,” Laughlin said. “That starts with honest dialogue from everyone involved, including House leadership and the governor, to develop a realistic approach–not political theater.”
Following the Senate committee vote, lawmakers from both chambers who support legalization have been trading criticisms about each other’s roles in the stalled push to end prohibition.
Krajewski, for example, recently wrote in a Marijuana Moment op-ed that Senate Republicans who killed his House-passed cannabis legalization bill are “stuck in their prohibitionist views of the past” and are “out of touch with the will of our Commonwealth.”
Prior to that vote, Pennsylvania’s Republican attorney general said that while he doesn’t currently support the House-passed marijuana legalization bill, he’s open to changing his mind about the policy change after continuing to review the details.
For what it’s worth, a recent poll found that Pennsylvania voters say they favor a model where cannabis is sold by licensed private businesses, rather than through a system of state-run stores.
The governor has repeatedly called for adult-use marijuana legalization. However, he hasn’t endorsed the specific idea of having a state-controlled model.
Rep. Abby Major (R)—who is sponsoring another forthcoming legalization bill that envisions a traditional private sales model alongside Rep. Emily Kinkead (D)—said during the House floor debate on HB 1200 that she stands opposed to the competing bill, emphasizing that she disagrees with the state-run stores proposal.
While Democrats control the House and governor’s office, they will still need to reach a deal with the GOP-controlled Senate to effectuate change. And in addition to the conflicting perspectives among pro-legalization legislators, another potential barrier to reform is exactly that political dynamic.
Senate Majority Leader Joe Pittman (R) said that while he sees a “path forward” for enacting regulations for separate gaming-related reform, “I’m not seeing consensus between the four caucuses and the governor collectively that [marijuana legalization] should be a priority.”
Regardless of which direction Pennsylvania lawmakers do—or don’t—go on marijuana legalization this session, a survey released in April shows a majority of adults in the state support the reform—and opposition to the policy change has fallen by nearly 50 percent over the last decade.
Kinkead has made the case in another recent interview that legalizing cannabis in Pennsylvania will help the state mitigate public health and safety concerns associated with the illicit market, including the fact that unregulated products can be laced with fentanyl.
The lawmaker previously introduced a separate bipartisan marijuana legalization bill, alongside 15 other cosponsors, last September. It did not advance, however.
Meanwhile, Laughlin recently called for the creation of a state “legacy” fund, using tax revenue from adult-use marijuana sales and gaming to make long-term investments in the Commonwealth’s economy.
The senator argued that, beyond using any resulting tax revenue to fund day-to-day projects and public services, the state should earmark a portion of those tax dollars for a fund to “provide a sustainable source of prosperity that lasts for generations.”
Another GOP Pennsylvania senator, Sen. Gene Yaw (R), is backing the push to legalize marijuana in the commonwealth, pointing out that, historically, prohibition “has not turned out well,” noting the country’s experience with alcohol criminalization.
Pennsylvania House Speaker Joanna McClinton (D) recently said that Democrats are ready to pass a marijuana legalization bill this session, but that the party “will need Republican support” to get the job done—adding that it will be a “heavy lift.”
Polls have shown bipartisan support for legalization among voters, but the reform has consistently stalled in the legislature, owing in large part to GOP opposition. But not all Republican members are against the policy change—and one recently said she felt her party should seize the “opportunity to snatch” the issue from Democrats.
Separately in March, the Pennsylvania House approved a bill sponsored by Frankel that’s meant to strengthen safety standards and oversight of the state’s medical marijuana program as lawmakers work to advance adult-use legalization.
While Pennsylvania’s medical cannabis program was enacted nearly a decade ago, lawmakers say the measure, which now heads to the Senate, is necessary to improve testing compliance, product audits and lab inspections, among other aspects of the industry.
Meanwhile, Pennsylvania Democratic lawmakers recently introduced a bill that would allow farmers and other small agriculture operators to sell marijuana they cultivate to existing growers and and processors if the state moves to legalize adult-use cannabis.
Separately, an independent Pennsylvania agency is projecting more tax dollars to be generated from adult-use marijuana sales compared to what the governor’s office has estimated, although it expects significantly less overall revenue from cannabis legalization due to differing views on licensing fees.
Pennsylvania officials have also launched a new survey that invites legal marijuana businesses across the country to provide information about their operations to help the state better understand the cannabis industry as lawmakers consider enacting adult-use legalization this session.
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Also, in a video interview released in March, the governor emphasized that the state is “losing out” to others that have already enacted adult-use legalization, while maintaining a policy that’s enriched the illicit market.
“I think it’s an issue of freedom and liberty. I mean, if folks want to smoke, they should be able to do so in a safe and legal way,” he said. “We should shut down the black market—and, by the way, every state around us is doing it. Pennsylvanians are driving to those other states and paying taxes in those other states.”
The state’s agriculture secretary separately told lawmakers that he’s fully confident that his department is in a “really good” position to oversee an adult-use marijuana program if lawmakers act.
Meanwhile, in February, top Pennsylvania police and health officials told lawmakers they are prepared to implement marijuana legalization if the legislature moves forward with the reform—and that they stand ready to work together as the details of legislation to achieve it are crafted.
Amid the growing calls for marijuana legalization in Pennsylvania, a GOP state senator said prohibition has been a “disaster,” and a regulated sales model for cannabis—similar to how alcohol and tobacco are handled—could serve as an effective alternative.
A Republican Pennsylvania senator also recently defended the push to legalize and regulate marijuana, calling it “the most conservative stance” on the issue.
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