Pennsylvania Voters Prefer Legalizing Marijuana Through Private Stores Instead Of State-Run Model, Poll Finds
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As Pennsylvania lawmakers consider proposals to legalize marijuana, a new poll shows that voters say they favor a model where cannabis is sold by licensed private businesses, rather than through a system of state-run stores as some legislators have promoted. Meanwhile, a new legal memo concludes that the government-run approach “is fundamentally defective and would be preempted by federal law.”
The survey from Change Research, which was commissioned by the advocacy group ResponsiblePA, first reaffirmed what several polls have already found: A majority—in this case 74 percent of Pennsylvania voters—back legalizing adult-use cannabis sales in the Keystone State.
But with dueling legislative proposals over recent sessions, the survey sought to gauge voter sentiment around two regulatory frameworks for a potential recreational market. And the results showed a strong preference for the private, commercial model that has been established in other states.
The question was posed twice. There was a majority preference for the privatized option in both cases, but in the first round support for a conventional commercial market was 51 percent, compared to 25 percent who favored a state-run model, similar to how Pennsylvania approaches alcohol.
After learning more about both options—including being told that state-run stores would “allow the state to control pricing, sales, and distribution, potentially generating more public revenue but limiting opportunities for PA businesses and competition”—support for the private model jumped to 57 percent and the state-run preference stayed steady at 25 percent.
“These views transcend party lines, with majorities of Democrats (49 percent), Independents (54 percent), and Republicans (67 percent) all favoring private retail implementation,” a memo on the poll from Change Research said. “Additionally, 68 percent of voters believe a private model would keep more money in local communities, and 68 percent worry a state monopoly would restrict business opportunities.”
Nearly two-thirds of voters (61 percent) also said that they support allowing existing medical cannabis dispensaries in the state to “immediately” start serving adult consumers as well after legalization is enacted.
Further, 63 percent of respondents agreed with the following statement: “Pennsylvania should move forward now and pass cannabis legalization in 2025. Delaying only hurts the economy, restricts access for patients and consumers, and allows the illicit market to thrive.”
In contrast, 30 percent said Pennsylvania lawmakers “should not rush the process,” and “more research, planning and debate are needed” before the states enacts legalization. Another 7 percent said they were unsure.
Asked how they’d like to see tax revenue from marijuana sales allocated, 61 percent said public education, followed by infrastructure improvements (53 percent, substance misuse treatment (47 percent) and law enforcement funding (41 percent).
“Pennsylvania’s cannabis jobs are good paying jobs with benefits, healthcare, paid time off, and create economic opportunity,” ResponsiblePA spokesperson Brittany Crampsie said in a press release on Thursday.
“An adult-use program utilizing Pennsylvania businesses will add upwards of 33,500 new jobs to the Commonwealth, and Pennsylvanians prefer a private model as opposed to a federally preempted state-run cannabis retail system,” she said. “The private model is the only model for real, commonsense reform.”
The survey involved interviews with 1,129 registered Pennsylvania voters from January 25-30.
ResponsiblePA is also circulating a new legal memo prepared by the law firm Kleinbard LLC that concludes that a state-run model for cannabis sales is “unlikely to pass muster under precepts of federal preemption because, unlike many de-criminalization statutes which merely refuse to take state action in furtherance of the [Controlled Substances Act], [a Pennsylvania Liquor Control Board] role requires state action that plainly violates the CSA.”
Under the state-run approach, state officials “would be directly responsible for procuring, marketing, distributing, and selling cannabis in state-owned liquor stores,” the memo says. “Courts, however, have repeatedly invalidated provisions requiring affirmative actions prohibited by the CSA. In fact, many of the “positive conflicts” have been found by courts under far more attenuated circumstances.”
Meanwhile, on Tuesday, Pennsylvania House Speaker Joanna McClinton (D) 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.”
While polls have shown bipartisan support for legalization among voters, the policy change has consistently stalled in the legislature, owing in large part to GOP opposition. But not all Republican members are against the reform—and one recently said she felt her party should seize the “opportunity to snatch” the issue from Democrats.
Rep. Rick Krajewski (D)—who announced in December his intent to file a legalization measure alongside House Health Committee Chair Dan Frankel (D)—also recently said the policy would provide for “more responsible usage” of cannabis, compared to the status quo that’s left adults either buying from the illicit market or traveling across state lines to get regulated products.
Separately last month, the Pennsylvania House approved a separate 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 new measure, which now heads to the Senate, is necessary to improve testing compliance, product audits and lab inspections, among other aspects of the industry.
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Also, in a video interview released last month, 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.”
Pennsylvania’s Republican attorney general recently said he wants to be a “voice for potential public safety risks” of enacting the governor’s proposal—though he said his office would be ready to enforce the new law if lawmakers did vote to pass it.
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.
Read the full polling memo below:
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Photo courtesy of Mike Latimer.