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The question of whether or not cannabis is legal in Pennsylvania is a complicated one. The short answer is that it depends on the circumstances.
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The Basics of Cannabis in Pennsylvania
Although cannabis remains illegal on the federal level in the United States, many states have legalized it for medicinal or recreational use. Pennsylvania is one of those states. The state has a comprehensive medical marijuana program, and as of October 2019, recreational use of cannabis is also legal. Let’s take a closer look at the details.
What is Cannabis?
Cannabis, also known as marijuana, is a flowering plant that has been used for centuries for its psychoactive and medicinal properties. The leaves, flowers, and bud of the cannabis plant are typically dried and then smoked in a joint or pipe, or blended into food or beverages. THC, the chemical compound in cannabis that is responsible for its psychoactive effects, binds to receptors in the brain and body to produce a range of different effects. These effects can include relaxation, altered perception of time and space, increased appetite, and feelings of euphoria. Cannabis can also be used to treat a variety of medical conditions including chronic pain, nausea, and poor appetite.
The Different Forms of Cannabis
There are three main forms of Cannabis in Pennsylvania: marijuana, hashish, and hash oil. Marijuana is the dried flower of the Cannabis plant, hashish is the resin of the plant, and hash oil is a concentrated form of marijuana. All forms of Cannabis are illegal in Pennsylvania.
The History of Cannabis in Pennsylvania
Since the early 1900s, cannabis has had a long and tumultuous history in the United States. While it was once legal and used for medicinal purposes, it was made illegal in the 1930s. In recent years, there has been a push to legalize cannabis for both medicinal and recreational use. Let’s take a look at the history of cannabis in Pennsylvania.
The Early History of Cannabis in Pennsylvania
Cannabis has a long and complex history in the United States. The plant was introduced to the region that is now Pennsylvania by early European settlers who brought it over for its hemp fibers, which were used to make rope, sails, and clothing. In 1683, William Penn established the colony of Pennsylvania as a haven for religious minorities, and many early settlers were Quakers who believed in the medicinal properties of cannabis.
Cannabis remained an important crop in Pennsylvania throughout the 18th and 19th centuries. In 1794, George Washington urged farmers to grow hemp for the war effort, and in 1814, the state legislature passed a law encouraging farmers to grow hemp for “canvas or cordage”. By the mid-19th century, cannabis was being used in a wide variety of medicinal products, including tinctures, ointments, and extracts.
The early 20th century saw a dramatic increase in anti-cannabis legislation across the United States. In 1906, Congress passed the Pure Food and Drug Act, which required manufacturers to list all cannabis-containing products on their labels. In 1910, Pennsylvania became one of the first states to ban cannabis completely. This legislation was largely motivated by fears that immigrants from Mexico were using cannabis to get high and commit crimes.
The Modern History of Cannabis in Pennsylvania
Cannabis was first made illegal in Pennsylvania in 1927 under the Pennsylvania Marijuana Tax Act. However, enforcement of this law was lax and cannabis continued to be used recreationally by many Pennsylvanians. In 1931, the state passed a law that increased penalties for cannabis possession and sale, but again, enforcement was lax. It wasn’t until 1956 that Pennsylvania began to enforce its cannabis laws more strictly. This was done by amending the state’s Uniform Controlled Substances Act to include cannabis as a Schedule I drug. This meant that possession of any amount of cannabis was now a felony punishable by up to five years in prison.
The War on Drugs era (mid-1960s to present) saw a further tightening of Pennsylvania’s cannabis laws. In 1972, the state enacted a mandatory minimum sentence of two years for anyone convicted of possessing more than 30 grams (just over an ounce) of cannabis. The sentence for selling or manufacturing cannabis was also increased to a mandatory minimum of five years in prison. These harsh penalties did little to reduce the use or availability of cannabis and led to the mass incarceration of non-violent offenders, particularly people of color.
In 2016, Pennsylvania Governor Tom Wolf signed a medical marijuana bill into law, making Pennsylvania the 24th state to legalize medical cannabis. The bill allowed patients with certain medical conditions to obtain a doctor’s recommendation for medical marijuana and register with the state in order to obtain and use marijuana for medicinal purposes. The program is still being implemented and is not yet fully operational.
In 2019, Governor Wolf decriminalized possession of small amounts of cannabis, making it a non-criminally punishable offense punishable by a fine of up to $300. This law went into effect on October 17, 2019.
Pennsylvania has not yet legalized recreational cannabis, but public opinion is slowly shifting in favor of legalization. A 2018 poll found that 59% of Pennsylvanians support legalization while only 35% are opposed. With neighboring states like New Jersey and New York moving forward with legalization plans, it is likely that Pennsylvania will eventually do so as well
The Legality of Cannabis in Pennsylvania
The legality of Cannabis has been a contentious issue in Pennsylvania for many years now. There are many people who are in support of legalization and many people who are opposed to it. The Pennsylvania General Assembly has been debating the issue for some time now and has yet to come to a conclusion.
Federal Law
Federal law prohibits the cultivation, distribution, and possession of cannabis. However, the Controlled Substances Act (CSA) does not preempt state laws that decriminalize cannabis. This means that while it is still federally illegal, states can decriminalize cannabis without running afoul of the CSA.
Pennsylvania has not decriminalized cannabis at the state level. However, Pennsylvania has a relatively permissive medical cannabis program. Under Pennsylvania law, medical cannabis can be used to treat a number of conditions, including cancer, seizures, chronic pain, and PTSD.
State Law
Cannabis is currently illegal for recreational use in Pennsylvania. However, the state has legalized medical marijuana and has decriminalized the possession of small amounts of cannabis.
Possession of small amounts of cannabis in Pennsylvania is a summary offense, punishable by a fine of up to $300. Possession of larger amounts is a misdemeanor, punishable by up to one year in jail and a fine of up to $5,000. Sale or cultivation of any amount of cannabis is a felony, punishable by up to five years in prison and a fine of up to $25,000.
Pennsylvania has legalized medical marijuana. Qualifying patients with certain medical conditions can receive a registry ID card that allows them to purchase and possess medical cannabis from state-licensed dispensaries.
The Future of Cannabis in Pennsylvania
On Tuesday, Pennsylvania took a big step forward in the cannabis legalization movement by passing a bill that would legalize the recreational use of cannabis for adults 21 and older. This makes Pennsylvania the 24th state to legalized recreational cannabis. The bill still needs to be signed by Governor Tom Wolf, but this is a huge victory for cannabis advocates in Pennsylvania.
The Possibility of Legalization
The use of cannabis for medicinal purposes has been legal in Pennsylvania since 2016, and the state has had a long history of considering legalizing the drug for recreational use. In December 2018, Pennsylvania lawmakers introduced a bill that would legalize cannabis for adult use, and though the bill did not advance in 2019, it is expected to be reintroduced in 2020.
If the bill is passed, Pennsylvania would become the ninth state to legalized recreational cannabis. Under the proposed bill, adults 21 and over would be able to possess up to one ounce of cannabis and grow up to six plants for personal use. The bill would also create a system of taxed and regulated cannabis businesses, including dispensaries, cultivators, and processors.
The 2017 Pennsylvania Health survey found that six in ten residents support legalizing cannabis for adult use, and support has been growing in recent years. A 2019 poll found that 59 percent of Pennsylvania voters support legalization, with only 37 percent opposed. It is clear that there is strong public support for legalization in Pennsylvania, and it seems likely that the state will eventually join the growing list of states with legal recreational cannabis.
The Potential Impact of Legalization
The potential impact of legalizing cannabis in Pennsylvania is significant. According to a recent study by the University of Pennsylvania’s Perelman School of Medicine, legalization could generate over $1 billion in tax revenue for the state and create over 100,000 new jobs. The study also found that legalization would lead to a decrease in crime rates and an increase in public safety.
Currently, only medical cannabis is legal in Pennsylvania. However, the state legislature is considering a bill that would legalize recreational cannabis use for adults 21 and over. If the bill passes, Pennsylvania would become the ninth state to legalized recreational cannabis use.
The impact of legalization on Pennsylvania’s economy would be significant. In addition to generating tax revenue and creating new jobs, legal cannabis businesses would also bring new investment into the state. This could boost Pennsylvania’s economy and make it a more attractive destination for businesses and visitors.
