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A Pennsylvania Senate committee on Tuesday approved a bill that would provide protections for medical marijuana patients against facing DUI charges unless they are actively impaired behind the wheel. And the full Senate separately passed a measure that to provide state-level protections for banks that work with cannabis businesses.<\/p>\n
The Senate Transportation Committee reported out the DUI legislation, SB 167 from Sen. Camera Bartolotta (R). And it now heads to the Senate floor for consideration. It would amend state statute to require proof of active impairment before a registered patient can be prosecuted for driving under the influence.<\/p>\n
The current lack of specific protections for the state\u2019s roughly 368,000 patients puts them in legal jeopardy when on the road due to the fact that cannabis metabolites can stay in their systems long after they are no longer under the influence, supporters say.<\/p>\n
\u201cWhile the responsible medical cannabis patient never drives impaired, the risk of a zero-tolerance DUI arrest and prosecution is one of the most serious issues confronting Pennsylvania\u2019s medical cannabis community,\u201d Bartolotta\u00a0said<\/a>\u00a0in a press release. \u201cMy\u00a0bill<\/a>\u00a0will protect this community without sacrificing the safety of our roads.\u201d<\/p>\n The #PASenate<\/a> Transportation Committee has approved my #SB167<\/a> to protect Pennsylvanians suffering from chronic illness from an inconsistency in the state\u2019s DUI law that leaves them vulnerable to wrongful criminal conviction. @SenLangerholc<\/a> @PASenateGOP<\/a> https:\/\/t.co\/QR6PaFddd4<\/a><\/p>\n \u2014 Senator Bartolotta (@senbartolotta) June 28, 2022<\/a><\/p>\n<\/blockquote>\n\n Late last year, health professionals, lawyers and law enforcement officials\u00a0spoke before the committee at a hearing<\/a>, highlighting the unique complications that cannabis patients and police face under the current statute and the constitutionality of the proposed reform.<\/p>\n While many other medical cannabis states require proof of impairment or have set per se THC limits for driving, Pennsylvania maintains a zero tolerance policy for marijuana.<\/p>\n The legislation would essentially make it so medical cannabis would be treated the same by law enforcement as Schedule II and III drugs such as prescription opioids and anti-anxiety medication.<\/p>\n \u2014 Bartolotta\u00a0first introduced an earlier version<\/a>\u00a0of her\u00a0bill\u00a0in June 2020. She said at the time that the state needs to \u201censure that the legal use of this medicine does not give rise to a criminal conviction.\u201d<\/p>\n Months after the standalone reform legislation was introduced, the Pennsylvania House approved\u00a0a separate amendment that would enact the policy change<\/a>\u2014but it was not enacted into law.<\/p>\n Pennsylvania legalized medical marijuana in 2016, with the first dispensaries in the state opening in 2018. But the state\u2019s zero-tolerance DUI law still doesn\u2019t reflect those changes. Because it criminalizes the presence of any THC or its metabolites in a driver\u2019s blood\u2014which can be detected for weeks after a person\u2019s last use\u2014the law puts virtually all medical marijuana patients at risk, even if it\u2019s been days since their last use and they show no signs of impairment.<\/p>\n Meanwhile, the Senate on Wednesday approved a House-passed bill, with an amendment that would safeguard banks in the state that work with licensed medical cannabis businesses.<\/p>\n As standalone legislation, the cannabis banking reform already passed the Senate,\u00a0as well as a House committee last week<\/a>. But the chief sponsor Sen. John DiSanto (R) filed it as amendment to HB 311, which deals with authorizing certain financial institutions to conduct savings promotion programs. Supporters say the new bill could be the vehicle to finally enacted the reform, potentially within days.<\/p>\n Members adopted the amendment in a 47-2 vote on Tuesday and passed the amended bill on Wednesday in a vote of 46-4. The bill must now go back to the House for concurrence before potentially heading to the governor\u2019s desk.<\/p>\n \u201cThe provisions of cannabis banking are incredibly important,\u201d Sen. Sharif Street (D) said ahead of the vote. \u201cIt does provide additional safety\u2014but moreover, in the long run, allowing traditional banking, opening up markets [will] allow smaller and more diverse business people to become involved in the cannabis industry.\u201d<\/p>\n \u201cThe current provisions that prohibit traditional banking makes it makes it financially difficult for small business people\u2014whether it be people of color or even small farmers\u2014to get engaged in this industry,\u201d he said. \u201cWe want to take the appropriate steps so that, when the federal government moves forward, we as Pennsylvanians are well-positioned to have a diverse industry that maximizes the impact on the lives of Pennsylvanians.\u201d<\/p>\n The standalone bill, which is being sponsored by Street, cleared the House Commerce Committee last week, with amendments. The Senate passed the bill as introduced two months earlier.<\/p>\n But advocates are optimistic that the marijuana banking reform stands a better chance of being enacted as a component of the House bill dealing with unrelated issues in the financial sector.<\/p>\n The Pennsylvania cannabis legislation is another example of how states are working to provide protections to financial institutions that are willing to service the cannabis market as Congress continues to stall on a federal fix.<\/p>\n Both the standalone bill and the HB 311<\/a>\u00a0amendment would not immunize banks and insurers from potential federal repercussions\u2014but it would be an interim step meant to signal to the financial sector that they at least won\u2019t face penalties under state law.<\/p>\n The House introduced\u00a0its own version of the marijuana banking bill<\/a>\u00a0in April that also included tax relief provisions for the industry that were removed from the Senate measure prior to passage.<\/p>\n The move to provide state-level protections could add pressure on congressional lawmakers to enact a federal change, such as the bipartisan Secure and Fair Enforcement (SAFE) Banking Act that has\u00a0passed the House in some form six times<\/a>\u00a0at this point, only to stall in the Senate.<\/p>\n There were hopes that congressional lawmakers would include the federal banking reform in a large-scale manufacturing bill known as the America COMPETES Act that\u2019s in bicameral conference, but leadership in both chambers reportedly\u00a0reached an agreement recently to keep that language out<\/a>\u00a0in the interest of expediting the passage of the broader legislation.<\/p>\n Separately, SAFE Banking could be a component of a package of incremental marijuana proposals that are\u00a0being considered in high-level bicameral talks<\/a>.<\/p>\n Additionally, congressional leaders are proposing\u00a0a number of marijuana policy changes<\/a>\u00a0in recently released spending legislation, including a provision to provide banking protections to give the cannabis industry access to the banking system.<\/p>\n The text of the Pennsylvania\u00a0legislation<\/a>\u00a0states that a \u201cfinancial institution authorized to engage in business in this Commonwealth may provide financial services to or for the benefit of a legitimate cannabis-related business and the business associates of a legitimate cannabis-related business.\u201d The same protections would also be codified for insurers.<\/p>\n However, it specifies that the bill would not require banks or insurers to provide services to medical marijuana businesses.<\/p>\n The legislation says that state government agencies cannot \u201cprohibit, penalize or otherwise discourage a financial institution or insurer from providing financial or insurance services to a legitimate cannabis-related business or the business associates of a legitimate cannabis-related business.\u201d<\/p>\n It also says agencies cannot \u201crecommend, incentivize or encourage a financial institution or insurer\u201d to not provide services just because a business is associated with marijuana.<\/p>\n Further, state agencies could \u201cnot take adverse or corrective supervisory action on a loan made to a legitimate cannabis-related business,\u201d the text says.<\/p>\n Meanwhile, a panel of Pennsylvania lawmakers\u00a0approved an amendment earlier this month<\/a>\u00a0that seeks to make it so medical marijuana businesses can receive state tax deductions for expenses they\u2019re currently prohibited from claiming under federal tax law.<\/p>\n The amendment from Rep. Aaron Kaufer (R) was attached to a broader tax code reform bill that advanced through the House Finance Committee.<\/p>\n The legislation would only apply to medical marijuana businesses\u2019 state taxes, meaning those firms would still have to grapple with an Internal Revenue Service (IRS) code known as 280E that precludes businesses that work with federally controlled substances from making key tax deductions in their federal filings. But under the amended legislation, they could see some relief from the state.<\/p>\n Outside of Pennsylvania, New York\u2019s governor recently signed a budget proposal that similarly includes provisions to\u00a0let marijuana businesses take state tax deductions<\/a>\u00a0that are available to other industries despite an ongoing federal ban on cannabis.<\/p>\n These are the types of policies that advocates and stakeholders have been pushing Congress to enact at the federal level, but it remains to be seen when that might happen.<\/p>\n Rodney Hood, a board member and former chairman of the National Credit Union Administration (NCUA), has repeatedly\u00a0emphasized the urgent need for a federal resolution<\/a>\u00a0to the marijuana banking problem. He recently\u00a0applauded efforts by lawmakers in states like Pennsylvania<\/a>\u00a0to address the issue within their jurisdictions, but he said it\u2019s not enough.<\/p>\n An organization representing mayors from across the U.S.\u00a0recently adopted a resolution imploring Congress<\/a>\u00a0to pass a bill to safeguard banks that work with state-legal marijuana businesses from federal penalties.<\/p>\n A coalition of cannabis regulators representing 40 U.S. states and territories\u00a0recently explained to congressional lawmakers<\/a>\u00a0just what the current lack of access to traditional financial services means\u2014not just for the businesses and the programs they oversee, but for the regulators navigating this federal-state conflict themselves.<\/p>\n D.C. Council Votes To Let Medical Marijuana Patients Self-Certify Without Doctors, In Workaround To Federal Block On Recreational Sales<\/a><\/p>\n<\/blockquote>\n\n Photo courtesy of Mike Latimer.<\/em><\/p>\n The post Pennsylvania Lawmakers Advance Medical Marijuana DUI Protections And Cannabis Banking Reform Bills<\/a> appeared first on Marijuana Moment<\/a>.<\/p>\n
A Pennsylvania Senate committee on Tuesday approved a bill that would provide protections for medical marijuana patients against facing DUI charges unless they are actively impaired behind the wheel. And the full Senate separately passed a measure that to provide state-level protections for banks that work with cannabis businesses. TheContinue Reading<\/a><\/span><\/p>\n","protected":false},"author":458,"featured_media":55559,"comment_status":"false","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[18,81],"tags":[],"_links":{"self":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/55558"}],"collection":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/users\/458"}],"replies":[{"embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/comments?post=55558"}],"version-history":[{"count":1,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/55558\/revisions"}],"predecessor-version":[{"id":55560,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/55558\/revisions\/55560"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/media\/55559"}],"wp:attachment":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/media?parent=55558"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/categories?post=55558"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/tags?post=55558"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}\n
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\nRead More: Pennsylvania Lawmakers Advance Medical Marijuana DUI Protections And Cannabis Banking Reform Bills<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"