PA: Marijuana's Expansion Meets A Newly Strong GOP

Katelyn Baker

Well-Known Member
Voters in four more states decided this week they want marijuana legalized for sale to adults ages 21 and older, including the first two east of the Mississippi River: Massachusetts and Maine.

Pennsylvania, meanwhile, continues to make progress on the rollout of medical cannabis, and is looking for public input this month from potential patients and on how best to regulate laboratories that will test the drug.

And polls show an increasing majority of Americans backing legalized recreational pot - 60 percent, according to a recent Gallup poll.

The question now is what effect on marijuana's expansion will be seen under Republican President-elect Donald Trump's administration and a GOP-controlled Congress emboldened by Tuesday's election.

Marijuana remains illegal nationwide under federal law. The Obama Administration has decided against interfering with medical marijuana and the recreational marijuana programs in Colorado, Washington State, Oregon, Alaska and the District of Columbia. In addition to the two New England states, joining the ranks of permitting possession and sales this week were Nevada and California. Arizona voters rejected legalization.

"As far as the new administration goes, there is a little bit of watching and waiting," said Taylor West, deputy director of the National Cannabis Industry Association. "As a candidate, Donald Trump did express on more than one occasion the idea that states should be allowed to have these programs without the federal government interfering, but also on occasion made statements that seemed slightly less supportive of the industry."

The Christie question

Then there is the question of Trump's attorney general. New Jersey Gov. Chris Christie, battered of late by the Bridgegate convictions of two former allies, was back on stage with Trump early Wednesday as the president-elect celebrated his surprising win.

Christie inherited New Jersey's medical marijuana program, signed into law days before he took office in January 2010 by his predecessor, Jon Corzine. But the rollout suffered from extensive delays under Christie. He is an outspoken opponent of legalization who, during his own campaign for president, put Colorado on notice in July 2015 that pot smokers should "enjoy it" now before his would-be inauguration in Washington, D.C.

West, whose association regularly lobbies and works with Congress on federal cannabis policy, said Trump was asked directly in Colorado whether Christie, a former federal prosecutor, would crack down on legalization efforts were he to be picked to serve as attorney general. Trump said that would not happen, according to West.

"The proof will be in the pudding and it remains to be seen how things will develop," she said. "But there are reasons to believe that a Trump administration will at the very least respect states' rights and respect the decisions of the voters in these states to go a different way with their marijuana policies than the federal government."

Ethan Nadelmann, executive director of the Drug Policy Alliance, said in a post-election conference call with reporters that Trump's win and the Republican-controlled House and Senate "suggest there are various ways for the federal government to throw a wrench in the works."

"Momentum is strong, the wind is at our back, but it is not a lock," he said in an nj.com report.

About 75 million people accounting for more than 23 percent of the nation's population live in states where recreational pot is legal or is about to be, following the will of voters.

In the states where voters approved full legalization of recreational marijuana, the proposals generally treat cannabis similar to alcohol. Consumption is limited to people 21 or older and forbidden in most public spaces. Pot is highly regulated and heavily taxed, and some states let people grow their own.

In addition, voters in Florida, North Dakota and Arkansas this week approved medical marijuana measures, bringing to 28 the number of states, plus the District of Columbia, with such programs available to patients who qualify.

Pennsylvania and timing of initiatives

Pennsylvania Gov. Tom Wolf signed the Keystone State's program into law in April, and implementation is projected to take 18 to 24 months - or October 2017 at the earliest. Parents and caregivers of children who qualify for medical cannabis can obtain a Safe Harbor Letter permitting the purchase and transportation of approved products from other states with existing programs.

The Pennsylvania Department of Health wants to hear from the public until Friday, Nov. 18, on two topics: Eligible patients are invited to take a survey geared toward ensuring the program meets their needs, and input is sought on the proposed temporary regulations for laboratories that would be responsible for testing medical marijuana. The patient survey and testing survey are available via health.pa.gov.

So how long until pot shops pop up in Massachusetts and Maine? In Massachusetts, adults 21 and older will be permitted to possess up to 10 ounces and grow a dozen plants at home starting Dec. 15, with retail stores opening as early as Jan. 1, 2018, bostonmagazine.com reports.

Maine's measure permits those 21 and older to possess 2.5 ounces of marijuana beginning 30 days after the governor certifies the election results, according to businessinsider.com. A nine-month window follows to develop regulations for recreational sales, possibly delaying retail opportunities for years.

Nevada and California are also looking at launching retail sales in 2018, businessinsider.com reports.

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News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: Marijuana's Expansion Meets A Newly Strong GOP
Author: Kurt Bresswein
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