During 2015, children, mothers, fathers, elderly, veterans, sick, and those in pain filled our Harrisburg Rotunda on a daily basis while Governor Corbett ignored their cries. In 2016, the legislature finally acknowledged the pain and approved a medical cannabis bill known as Act 16.   This law follows a “pay to play” approach to cannabis legalization, which is expensive for entrepreneurs and for consumers alike.   Fast forward to 2020, four years after the signing of ACT 16, Pennsylvania has created a model program, however, many PA constituents' cries still go unanswered regarding cannabis.

First, the cannabis plant is still criminalized in PA.   Even though a medical program exists, 300,000+ PA MMJ Card Holders are in “harms way” when it comes to DUI considerations.  20,000 Pennsylvanians are subject to arrest and prosecution for cannabis related offenses every year. Even a simple cannabis possession conviction can have life altering effects such as loss of employment, subsidized housing, student loans and loss of custody.  It is unconscionable that we are recognizing the plant’s medical potential but are still treating it as a criminal activity.

Besides patients, many other stakeholders remain in the shadows, unable to participate in this exploding industry.  We know that the War on Cannabis has disproportionately targeted black and brown communities.  Black and Brown consumers charged at 4 - 5 times than their White counterparts despite similar rates of usage.   Large populations of Pennsylvanians of all color live in economically disadvantaged situations.   Yet many of these people are aspiring entrepreneurs with the desire to create a business in the cannabis industry.   Many more would like to create a career in this industry.  Yet models that require high license fees and don’t enforce living wage standards are just leaving these Pennsylvanians behind. 

The lack of clarity around cannabis also causes difficulty for Pennsylvania law enforcement agencies.   Our police need clarity around this plant so they can focus on keeping our communities safe.  

In looking at how cannabis legalization is emerging around the country and in Pennsylvania specifically, we endorse the following principles in any Adult Use cannabis legalization effort.. 

1. Affordable and Accessible Permits.   The number of permits for cultivation, manufacturing and retail sales should be large.  The permit fee should be low enough that permits are available to any entrepreneur in the state. 
2. Home Cultivation.   Residents should be able to grow their own.   This is the only way to truly have a program that is intended to benefit the residents of the state first.  Home Grow in states like Colorado have demonstrated that a thriving industry can co-exist with Home Grow. 
3. Clear and Helpful Taxing.  Taxes should be easy to understand.  Tax revenue should be shared with local municipalities and earmarked for the common good of the state. 
4. Social Equity Support.  Include programs that will support disadvantaged communities with access to ownership in the program including business service support, education and discounted fees. Ensure equitable geographic distribution of the businesses. 
5. Expungement and Prisoner Release.  Cannabis-related arrests and convictions should be expunged from the record.  People imprisoned for cannabis-related offenses should be freed.
6. Safe product requirements.   Products need to be safely manufactured through known best practices to eliminate harmful pesticides, solvents and additives.   Thorough product testing must be required for all commercial products.   Child-proof packaging and marketing practices should be in place. 
7. Corporate Social Responsibility.  Participants in this industry should adhere to transparency in reporting, accountability for customer service, and participation in community support activities.  Workers should be paid a living wage with full benefits. The industry should adhere to principles of environmental sustainability.
8. Clear Enforcement Protocols.  Resources must be in place to ensure compliance with the new laws and regulations.
9. Clear Law Enforcement Guidelines.  Law enforcement should be given clear guidelines regarding impaired driving and possession violations. 
10. Public-centered Review and Improvement.  Public panels should be empowered to provide periodic feedback on safety, efficacy and program effectiveness.  State revenue numbers, disciplinary actions and other program-related data should be published at least annually and readily available to the public. 

In light of these principles, we propose the following:

Statewide Decriminalization legislation should receive immediate attention and begins in effect, in current policy, via the law enforcement officers of the State of Pennsylvania

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Legislation is pending in the House and Senate that would remove criminal penalties for the mere possession of cannabis.  The Pennsylvania District Attorneys Association, via past Presidents Rich Goldinger (Butler County) and James Martin (Lehigh County) have publicly endorsed “decriminalization”.

True Decriminalization means our legislators must attend to following needs of their constituents;

1. DUI  - Safe Harbor Law  to protect Pennsylvanians who are in “harm's way” for unfounded DUI convictions; Projections show 2 - 3 million PA motorists at risk of detainment, arrest or forfeiture.
   
2. No level of THC shall be considered as evidence of impairment for sustaining a finding of guilt in a court of law
   
3. Possession of Cannabis shall be decriminalized        
4. Possession of Paraphernalia shall be Decriminalized
5. Pa Dept of Insurance shall initiate a “Cannabis Rider” for state license insurance companies to issue protective insurance to drivers that conforms to state regulations
   
6. Insurance Companies and Consumers along with Law Enforcement shall handle liability issues (as demonstrated by the modified MotorCycle Helmet Law)
   
7. All criminal convictions for possession of cannabis and paraphernalia shall be expunged.
   
8. People serving prison sentences only related to one of the above-enumerated marijuana offenses receive commutations, and all probation, parole or other supervision related to these offences shall be ended.
   
9. Pending criminal charges related to cannabis shall be dismissed and pardoned
   
10. Collection of police arrest records to determine racial profiling.
    
    

• Employment

a.) All permit-holders will follow fair and best practices in their employment

b.) Workers should be paid a living wage with full benefits.

c.) Create programs to incentivize employers to pay competitive wages, healthcare, and employee retirement savings programs. 

d) Create programs to incentivize employee ownership programs

e) Adhere to Act 16 Guidelines

• Social Equity

a.) A portion of the tax revenue goes towards increasing the state's public education subsidy distributed fairly among the state

b.) A portion of the tax revenue goes towards property tax relief for seniors, student loan forgiveness, drug abuse education, cannabis medicine for those in need, and for communities disproportionately impacted by cannabis prohibition

c.) A newly formed Statewide Cannabis Business Institute will provide Education and Training at no cost to the public which will teach people to grow and process cannabis, how to comply with state and federal cannabis laws, and how to start and run a small business

d.) Allow for Co-Operative Alliances to receive permits, defined as cooperative, or co-op, as “an autonomous association of persons united voluntarily to meet their common economic, social, and cultural needs and aspirations through a jointly-owned and democratically controlled enterprise”.

• Cannabis Pricing

a.) Unattainable for anyone disadvantaged

b.) Create voucher program from cannabis revenue redeemable for tax credits to vendors

• Fair and Reasonable Business Responsibilities

a.) Removal of the unnecessary “Seed to Sale” tracking system

b.) Participants in this industry should adhere to transparency in reporting, accountability for customer service, and participation in community support activities.

c.) Child-proof packaging and marketing practices should be in place

d.) The industry should adhere to principles of environmental sustainability.

e.) Safe testing standards should be in place

• Number Of Application Permits ( 2 Year Minimum Residency Requirement )

a.) Offered to current license holders only initially for expansion purposes.
b.) Create opportunities for Disadvantaged, Small Business and Micro licensure
c.) Create Diversity/minority business incentives
d.) Ensure equitable geographic distribution of the business permits.
e) MSO (multi-state operators), Out of State, and larger entities may apply only after the above licensees set up period (2 years) and  Cannabis Commodity and Cannabis Market Analysis Boards conclude on expansion recommendation

• Application fees

a.) Permit fees should be low enough that permits are available to any entrepreneur in the state

b.) Current License holder expansion to pay at least $1.2 million dollars  to offset disadvantaged applicants

c.) Small business and Micro Licensure, starting $1,250

d.) Disadvantaged applicants, starting $500

e.) Ensure equitable geographic distribution of the businesses

• Securing funding for disadvantaged applicants for:

a.) Application development.  Provide opportunities for people of all income levels to enter the Cannabis industry through application assistance.

b.) Provide a streamlined application process for small/micro businesses.

c.) Securing funding to pay for short-term property acquisition during the lengthy and tedious application process. (There is the possibility the landlord will rightfully not be getting, or giving a guarantee of a long term commitment in case of the failure of the applicant to not be awarded a license).

d.)  Include programs that will support disadvantaged communities with access to ownership in the program including business service support, education and discounted fees.

e.) Ensure equitable geographic distribution of the businesses

• Zoning

a.) Urban and Rural Standards need to be amended

b.) Applicants must pass Zoning variance requirements with no guarantee of be awarded a license

• Committee Board Analysis of  Application Scorings

a.) Create oversight committee elected by the constituents

b.) Create non-profit organization to help prepare applications for those affected by social injustice

c.) Prepare projected analysis of market impact to avoid an Oregon-like debacle

• Analysis of “Supply and Demand” ( What's Grown in PA, Stays In PA )

a.) Determine ‘Current” market place capacity

b.) Involve “Current license stakeholders” for validity and consensus

c.) Prepare projected analysis of market impact to avoid an Oregon-like debacle

• Cultivation - The allowance for the following

a.) Personal - Household may grow up to 50 square feet of cannabis canopy

b.) Small Micro - Separate licensure for 250 square feet, 1000 square feet, and 2500 square feet of cannabis canopy.

c.) Industrial cultivation.  Ensure the protection of local infrastructure already in place, limiting large-scale operations.   be modified after small business acquisition has occurred on election.

• Medicine for those in need

a.) Allow Health Insurance as a form of payment

b.) Allow free exchange or gifting from friends, family, loved ones, and industrial partners

• Creation of a Cannabis & Hemp Community & Regulation boards 

a.) Understanding the effect on the ecosystem when two precious committees (hemp and cannabis) are released from prohibition at the same time. 

b.) Require “Commodity” protection for both Hemp & Marijuana, demonstrated as with orange juice, wheat, pork bellies, etc. to prevent an Oregon debacle

c.) Board member election by constituents, industry and  legislators

d.) Products need to be safely manufactured through known best practices to eliminate harmful pesticides, solvents and additives

e.) Thorough product testing must be required for all commercial products to ensure safety

• ECO System Creation

a.) Promote understanding the effect on the cannabis ecosystem

b.) Promote Commerce activity to create job growth and business opportunities to license qualified Pennsylvania labor as well as license revenues for businesses who want to grow.

c.) Redefining a new urban-rural coalition of cannabis marrying good jobs and Chambers of Commerce that will create economic opportunity and fully engaging PA State agencies led by the Department Of Agriculture to advance growth for Marijuana and Hemp to also include Bio and Agricultural Science. What’s good for the city is good for the farm. 

d.) Promote research.  Revitalize our small farm towns, and cities to enable the benefit of agricultural and bioscience investment and genetics R&D in both marijuana and hemp cannabis. Pennsylvania can be a cannabis leader in our finest university labs and on the farm too. Pennsylvania's universities such as PSU, UPenn, UPMC, LECOM & Thomas Jefferson University will lead the World in Cannabis science and research while Pennsylvania cultivators grow as well. 

Reimagine a Pennsylvania that leads instead of follows. Decriminalization means decriminalization. The new PA Cannabis Standard will engage law enforcement, cannabis consumers, auto insurance leaders among others to consider a 2020 legal standard. 

It’s Perfectly Normal to create a safe environment, great opportunities and employment, connecting Urban and Rural Businesses, and Chambers of Commerce.