Musings: Wake up Pennsylvania

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I jokingly told a person with an anti-southern prejudice years ago that Alabama would legalize marijuana before Pennsylvania would. Well, that could still happen, since neither state has taken such action yet. But for those who have a prejudice against the southern states as being backward, hear this. Louisiana has decriminalized cannabis, something that Pennsylvania still has not done.

The Pennsylvania legislature has two bills pending that call for decriminalization. However, they're sitting dormant in judiciary committees and have been since January. Neither bill is perfect, but they go a long way to help correct a hurtful policy.

Senate Bill 107 would decriminalize the possession of up to 30 grams of marijuana, imposing a fine of $25, with no possibility of jail time. The penalty for smoking in public under this measure would become a summary offense punishable by only a $100 fine. The bill also mandates that a violation of these laws will no longer result in any driver's license suspension.

House Bill 204 would reduce the penalty for small amounts of marijuana possession from a misdemeanor to a summary offense, imposing a fine of $100, and will no longer result in driver's license suspensions.

Naturally, the Senate bill is better because the proposed fine is less than the House bill. Full re-legalization would be better still, but decrim measures do have some benefit. It's about harm reduction.

Consider a 25-year-old college graduate who did well in school and now has a good-paying job with a bright future. But, as some in that same category might like wine or beer, this person prefers cannabis. Now consider a traffic stop, maybe for not signaling a turn. But our hero did signal. It's just that the bulb burned out. Unfortunately, though, the police officer making the stop notices a small pipe in the car. A search ensues, and police find some weed.

Under current law, that's a criminal offense, even though the person was not high, not driving while under the influence. The offense was strictly one of possession. Still, a criminal record now limits that once bright future.

What if, instead of a pipe, the officer had seen a six-pack of beer in the car. Even though alcohol is more dangerous than cannabis, there's no criminality involved. No criminal record, no arrest, no going to court, no punishment.

Some municipalities, counties, and police chiefs know this discrepancy is wrong and favor decriminalizing cannabis on their level. Delaware County has done that. So has Philadelphia, Norristown, Lancaster, York, Harrisburg, and Pittsburg. One police chief in a Southern Chester County borough has said privately that he would not oppose his borough enacting a decriminalization ordinance.

While states around Pennsylvania are legalizing the plant, Pennsylvania remains in a prohibition mindset. It will be interesting to watch the bridge traffic later this year when New Jersey gets its sales act together and Pennsylvanians start driving into the Garden State for reasons other than the shore, while Pennsylvania law still wants to put people in cages for wanting to smoke, vape, or cook with a plant.

And Delaware might be next in the area to legalize, following New Jersey and New York. While tax revenue isn't the reason states should legalize pot, states will tax it, nonetheless. Think about how much revenue Pennsylvania will lose when residents can choose between New York, Delaware, and New Jersey.

It's time for the Pennsylvania legislature to get its head out of the dark place of prohibition and enter the sunlight of the 21st century. Catch up to Louisiana, then go the rest of the way.

About Rich Schwartzman

Rich Schwartzman has been reporting on events in the greater Chadds Ford area since September 2001 when he became the founding editor of The Chadds Ford Post. In April 2009 he became managing editor of ChaddsFordLive. He is also an award-winning photographer.

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