He’d followed the calling of service of Gisele since she was a young woman. Relocating to Pennsylvania to work beside her now-husband, John Fetterman, while he was Mayor of the town; then supporting him as Lieutenant General of the state as Pennsylvania’s Second Lady; still by his side today, supporting his successful run as State Senator.

Santa knew a good egg when he saw one, and he couldn’t wait to meet the woman beloved in her state. So loved is she that the mantra, “Vote for Gisele’s husband,” was commonly heard throughout the campaign.

He was also aware she was honest about her medicinal use of cannabis for chronic pain after a series of accidents throughout her life, advocating that her state legalize the plant alongside her husband.

At Home with History

Santa steered Rudolph toward the rooftop of the Fetterman’s home.

So proud of his state’s history of steel, Sen. Fetterman converted the former Superior Motors building across the street from the Edgar Thomson Steel Works into his family home. The mill was the first to lay railroad tracks across the country, and the pride factor for Fetterman was strong.

Superior Motors was one of the country’s first indoor car dealerships, with an old Chevy needing to be removed via a crane from their soon-to-be-home.

Gisele Fetterman lay next to her sleeping husband thinking about the holiday at hand, her children fast asleep, her husband’s newly-appointed position as State Senator and all that implied for the future of her family and their beloved state.

Not a creature was stirring when she heard a bump in the night on the rooftop.

Glancing over at her husband’s 6’8” frame, giggling at the sight of his feet protruding off the end of the bed, with his head covered by a blanket as he slept soundly, she tiptoed up toward the rooftop to see what was the matter.

Rubbing the sleep from her eyes, she could barely believe what she saw.

“Ho, ho, ho!” didn’t mean to startle you,” Santa said, gingerly stepping down and out of the sled, as the reindeer made themselves comfortable on the expansive rooftop.

“I’m not opposed to miracles,” Gisele said with an unsure smile. “Just give me a minute to take it all in.”

“Well, I’m no miracle, just spreading the love of giving, just like you,” he replied. “My hope is that you are as excited to meet me as I am to meet you. You are one of our people. Your selfless and loving ways have not been missed by my missus either.”

Santa pulled out a small dropper bottle of tincture from his pocket and offered it to Gisele, who was now fondly stroking Rudolph’s nose.

“You probably haven’t thought of this, but my lower back can get a bit sore sitting upon this wooden sled,” he said with a seriousness in his voice that surprised her. “The elves started growing hemp up at the North Pole, and Mrs. Claus makes this tincture. She wanted you to have a bottle.”

The Hemp tincture made by Mrs. Claus, was made using high cannabidiol (CBD) and low tetrahydrocannabinol (THC) compound counts, and was hybridized by the late, great, Lawrence Ringo of Southern Humboldt County at the top of Northern California.

Ringo hybridized low THC plants together for his own chronic back pain, into what he referred to as the “God plant,” as the original cannabis plant said to be found in Holy Anointing Oil from the Bible did not have the high THC count we have today. Yet, the plant referred to as hemp, still has the full cannabinoid and terpene profile of the cannabis plant as a superfood, and highly medicinal without the high.

“Both Frankincense and Myrrh are highly medicinal,” Santa informed. “Not just incense for the Baby Jesus. I don’t think most people understand that about most plants, or why they brought medicine to the child in the manger.” 

Gisele understood this and graciously accepted the small bottle with gratitude. But, she was also a bit stunned. It was a lot to take in. Santa, a cannabis advocate – the Elves as farmers, Mrs. Claus an apothecary, weed in Holy Annointing Oil? 

This man in a red suit flying through the air offered up more than physical gifts on Christmas Eve, she thought – pondering gifting him extra cookies by the hearth next year.

She also knew in her heart, if her gentle giant of a husband could win State Senate – wearing his signature sweatshirt, perennial shorts in the winter and sneakers, then anything is possible. Hell, her very existence in this life, in this country, was a crapshoot to begin with.

Silent Night, Holy Night

“I read that you have three strikes against you,” Santa continued. “You began your life in this country as an illegal immigrant – you are a woman, and a cannabis patient.”

“Yes, that’s right – with these thick eyebrows, they just don’t know what to make of me,” she laughed, as Santa chuckled along. “But, I believe that education is everything when it comes to cannabis. It’s been misunderstood for a very long time.”

“So many have realized the plant as medicine, it’s true,” he pondered. “When you think about it, I too am illegal. Each year I cross borders for the greater good of making children happy by giving illegally imported gifts! I pay no tariffs. My reindeer aren’t even documented to be in the U.S., but here we are. There are double standards everywhere, in every country.”

The two had a good laugh at Santa’s perspective, and Gisele had to agree, they were quite the pair. 

The stars in the sky shined brightly above Braddock, as the two took in this very special Christmas Eve together.

“I’m thankful for you, Santa,” Gisele said lovingly. “And for Mrs. Claus and the Elves – and these beautiful animals. And a plant that helps us both.” 

“And I’m thankful for you and your good works,” he repled. “‘If everyone gives, no one goes without.’ That’s what Mrs. Claus always reminds me – especially on those days that seem darkest of all. It’s not easy being misunderstood in this world. It’s not easy watching people go without. And it’s not easy watching people suffer in pain, because this plant isn’t available to them. Thank you for your advocacy, Gisele.”

In the distance they could hear the bells of Saints Peter & Paul Byzantine Catholic Church ringing in the blessings of Christmas Eve. The steel mill across the street was quiet, as Gisele’s family slept peacefully in their beds, unaware of the magic taking place up on the roof.

Santa got back up on his sled and commanded his crew to head toward the City of Love, Philadelphia.

“Wish us luck, we are heading right into Kensington,” Santa said with a wave, blowing a kiss to the State Senator’s wife. “Oh, and you have a little surprise at the Free Store, we dropped off some bicycles!”

“God Bless you, Santa – and God bless the souls of Kensington,” Gisele waved back, then put her hands together in prayer, lifting them up to the jolly man. Then she blew a kiss towards him into the twinkling Braddock night sky.

“Merry Christmas to all and to all a good night!” Santa called back.

For more information on the Free Store of Braddock visit, https://www.freestore15104.org/ 

For more information on newly elected State Senator John Braddock visit, https://johnfetterman.com/

The post Adventures With Santa: Braddock, Pennsylvania appeared first on High Times.

The Lehigh Valley Justice Institute, a nonpartisan research and advocacy group based in Allentown, Pennsylvania, reviewed 27,826 criminal cases of all kinds prosecuted in Lehigh County and Northampton County between January 2018 and March 2021. The group’s analysis found that “marijuana criminalization slows our criminal justice system” and puts a strain on “understaffed public defenders” in the two jurisdictions.

According to the report, a total of 4,559 (about one in six) of the cases included a marijuana charge. Among those cases, 96% also involved an additional nonviolent offense, or co-charge. The analysis also found that marijuana-related court cases took an average of nearly five months (162 days) to reach a conclusion. The report noted that the longest-lasting marijuana-related case took 1,129 days, or more than three years, to be resolved in the courts. The case also included one additional charge of disorderly conduct that was eventually withdrawn by the district attorney’s office.

A Waste Of Public Resources 

Joe Welsh, the executive director at the Lehigh Valley Justice Institute, said the report illustrates how prosecuting marijuana cases is expanding scarce public resources that could instead fund efforts to address “real crime.” Welsh also noted that nearby states including neighboring New Jersey have legalized adult-use cannabis, further illustrating the futility of continued prohibition. Regulated sales of adult-use cannabis began in New Jersey in April after Governor Phil Murphy signed recreational marijuana legislation into law in February 2021.

“Police are spending time charging people with marijuana offenses. That’s time taken away from serious crimes like rapes, murders and assaults,” Welsh said. “Particularly, considering that you can walk across the Northampton Street Bridge between Easton and Phillipsburg and purchase marijuana.”

Under Pennsylvania state law, marijuana possession is classified as a misdemeanor offense carrying penalties of up to $500 and a jail sentence of up to 30 days. However, local laws passed in Allentown and Bethlehem in 2018 reduced such charges to summary offenses, which do not require a suspect to be arrested. Instead, those convicted of a summary offense can avoid jail time and pay a fine as low as $25 for a first offense.

The local reforms were designed to give law enforcement officers more discretion when enforcing marijuana prohibition laws. But Lehigh County District Attorney Jim Martin has circumvented the local reforms by requiring police officers in the county to file state charges for marijuana offenses.

“Local city councils do not have the power or authority to deviate from state law,” Martin told lehighvalleylive.com in an email. “The state law preempts the field. I took an oath to uphold the U.S. and Commonwealth constitutions; therefore, I don’t decide to enforce only the laws I choose to enforce. I enforce the law as written.”

Pennsylvania Governor To Pardon Marijuana Convictions

The report from Lehigh Valley Justice Institute comes at a time of increased focus on the impact of marijuana-related convictions in the Keystone State. In September, Pennsylvania Governor Tom Wolf announced that he would pardon convictions for eligible marijuana offenses, including some cases that include a nonviolent co-charge. 

“Pennsylvanians convicted of simple marijuana charges are automatically disqualified for so many life opportunities: jobs, education, housing, special moments with family. This is wrong,” Wolf said in a statement from the governor’s office. “In Pennsylvania, we believe in second chances – I’m urging those eligible to apply now, don’t miss your chance to forge a new path.”

At a recent appearance in Monroe County, Wolf reiterated his support for legalizing marijuana despite a lack of attention on the matter from lawmakers, noting the good that comprehensive cannabis policy reform can foster in the state of Pennsylvania.

“To date, there has been no movement to advance legislation,” Wolf said last month. “So, I’m here today to ask again, and to focus on two particular benefits of legalization – potential economic growth and much-needed restorative justice.”

The post Study Finds Weed Cases Are Clogging Pennsylvania Courts appeared first on High Times.

According to Capitol Wire, the state’s Department of Health launched the program “to offer $50 a month in financial assistance to help almost 1,400 senior citizens afford the cost of medical marijuana.”

“The payments are the first step toward establishing a third phase for the financial assistance program authorized to help low-income medical marijuana patients afford the drug. Because insurance companies don’t include medical marijuana in their prescription drug coverage, medical marijuana patients are left to pony up the full cost of medical marijuana when they visit the state’s dispensaries,” Capitol Wire reported.

Even so, that’s a small portion of the pool of patients who are potentially eligible for the discount, with Capitol Wire reporting that the state “doesn’t have sufficient funding to provide meaningful assistance to all of the patients identified as being low-income.”

The launch of the financial assistance marks the third phase of the Medical Marijuana Assistance Program (MMAP), which was initiated earlier this year. 

According to the Pennsylvania Department of Health, “Phase 1 [eliminated] annual card fees for eligible participants registered in an existing Commonwealth financial hardship program; Phase 2 [eliminated] all background check fees for eligible caregivers; [and] Phase 3 will distribute a to-be-determined benefit amount per funding period per eligible patient.”

The Department of Health said that “Medical Marijuana Program Fund was created as a special fund in the State Treasury. The Office of Medical Marijuana was tasked with assisting patients by using an allotted percentage of this fund to establish…A program to assist with the cost of providing medical marijuana to patients who demonstrate financial hardship or need…A program to assist patients and caregivers with the cost associated with the waiver or reduction of fees for identification card…[and a] program to provide for the cost of background checks for caregivers.”

The cost of medical cannabis has been a concern for officials in Pennsylvania. 

Earlier this year, John Collins, the former director of the state’s Office of Medical Marijuana, sounded the alarm over rising costs. 

The Philadelphia Inquirer reported in March that the “average wholesale price for a gram of medical cannabis leaf in Pennsylvania has fallen 36% since the beginning of 2020,” but Collins said that the “the average retail price that patients pay is down only 14% over the same period.”

“I’m clearly calling out today, secretary, a red flag that needs to be investigated,” Collins told Pennsylvania Health Secretary Keara Klinepeter, as quoted by the Inquirer. 

These aren’t the only changes the state’s Department of Health has made to the medical cannabis program either. 

In February, the agency instructed growers and retailers to stop selling hundreds of products that it said were not in line with regulatory standards.

“The Department of Health is committed to ensuring that the Medical Marijuana Program is operating appropriately and effectively,” the agency said in an email. “As you know the Department recently conducted a statewide review of all vaporized medical marijuana products containing added ingredients. After finishing this review, the Department has determined that certain vaporized medical marijuana products containing some added ingredients have not been approved for inhalation by the United States Food and Drug Administration.”

Capitol Wire reports that in March the state “began waiving the cost of the medical marijuana cards and the costs of background checks for caregivers of medical marijuana.”

The post Pennsylvania Starts Program Providing Financial Assistance to Low-Income Cannabis Patients appeared first on High Times.

Board of Pardons (BOP) Secretary Celeste Trusty said that numerous applicants have submitted inaccurate information, much of which were simple typos or other small errors. “We want to ensure that applicants are not deemed ineligible for the PA Marijuana Pardon Project because of a simple typo,” Trusty said. “Our partners in the PA Marijuana Pardon Project are going above and beyond to make this a successful process for as many eligible applicants as possible.”

In its most recent BOP meeting held on Oct. 13, members discussed how applications came from 66 out of the 67 counties in the state. Most applications were from residents in Dauphin County (298 applications) and York County (284), followed by Allegheny (212), and Philadelphia (197) among the top.

According to Pennsylvania Cannabis Coalition Executive Director Meredith Buettner, the program is much needed in the state. “This is really crucial for a lot of Pennsylvanians with non-violent marijuana-related offenses on their record. It may prevent them from educational opportunities, job opportunities, housing opportunities, so this was an exciting effort for a lot of Pennsylvanians,” Buettner told Fox43.

“It really is absolutely incredible to see that as we work through the data to find out who is eligible and who is ineligible, we can hopefully impact so many people’s lives in the next few months and be able to help them get on their way to a clear record,” Trusty told Fox43.

She also added that the next step is for the BOP to start looking at each application. “The board is going to take a look [and] review [them] and then they get to vote on moving that forward to the governor,” Trusty explained.

The Pennsylvania Marijuana Pardon Project was created in partnership with Lt. Governor John Fetterman and Gov. Tom Wolf. The application window closed on Sept. 30 in what’s described as a “one-time, large-scale pardon effort,” however those who did not make the deadline can still apply for an expedited pardon.

The timeline for the program estimates that following the application window (Sept. 1-30), the board would meet on Oct. 13 to decide if applicants received a public hearing. Next on Dec. 13-16, the board will vote on applications to send to the governor for a pardon. On Dec. 16 and afterwards, those applications will be sent to the governor, but no time estimate was provided. “The governor is not mandated to act in a specific amount of time after receiving the recommendations,” the program states on its website. Gov. Wolf’s term ends on Jan. 17, 2023, which is why the application window was so brief, the program website adds.

Fetterman, who is currently running for Pennsylvania Senate, has been a staunch proponent of cannabis legalization and its effect on the residents of his state. At the recent 5th Annual Cannabis Opportunities Policy Summit, he described Pennsylvania as “a place for second chances,” which will “help people get pardons quickly for stupid weed convictions.”

At the beginning of September, Fetterman sent out a press release detailing the necessity of legalization from President Joe Biden. “It’s long past time that we finally decriminalize marijuana,” Fetterman said. “The president needs to use his executive authority to begin descheduling marijuana, I would love to see him do this prior to his visit to Pittsburgh. This is just common sense and Pennsylvanians overwhelmingly support decriminalizing marijuana.”

Later, Fetterman mentioned a “great conversation” with President Biden about cannabis policy. Two weeks after the Pennsylvania Marijuana Pardon Project went live, Biden’s monumental announcement for cannabis pardons was announced.

The post Pennsylvania Marijuana Pardon Project Finds Errors in Pardon Applications appeared first on High Times.

The department aims to award grant funds to reimburse “half of project costs,” with a minimum grant amount of $1,000. Special consideration will be given to applicants who “leverage other funding and private partnerships.”

“Hemp has presented a unique opportunity to grow an industry from the ground up, supplying seemingly limitless sustainable construction materials, fiber and food products,” Redding said in a press release. “These grants will feed a new industry that was once a staple of Pennsylvania’s economy and is again presenting opportunities for farm income and jobs as well as new possibilities for climate-friendly, environmentally beneficial products.”

Applicants are required to have started on or after July 1, 2022 and completed by June 30, 2023 (although the application window ends on December 2).

This is a slight increase from the department’s grant total of $157,735 in 2021, which was used to fund three different projects to boost hemp product awareness as a useful fiber and food: Don Services for hemp as a building material, Team Pennsylvania (also the host of the Pennsylvania Hemp Summit) spearheads education, and Urban Affairs Coalition All Together Now PA, which promoted hemp education as well.

The press release praised Pennsylvania Gov. Tom Wolf’s administration for its support and development of the state’s hemp program. In July at the Pennsylvania Hemp Summit, the state agricultural department announced a $460,000 program to help hemp cultivators and other unique crops through Specialty Crop Block Grants. “We are building a new industry, literally from the ground up,” Redding said at the event.

Back in 2019, Wolf also signed the Pennsylvania Farm Bill, which provided “strategic investments” in state agriculture, and noted the inclusion of hemp as an animal feed.

In other hemp news, tiny homes were created in Europe by Margent Farms using corrugated hemp sheets. The surprisingly spacious two-story homes were created with sustainability, affordability, and design consciousness in mind. “The fibres sequester carbon, locking it in and stopping it releasing back into the atmosphere, resulting in a very low-carbon product. The high cellulose content (60–70%) of the plant makes it a very strong and durable material. The sheet is bound with a sugar based resin made entirely from agricultural waste. Our hemp sheets are a natural alternative to corrugated steel, PVC, bitumen and cement,” the construction company said on its website.

Earlier this summer, North Carolina Gov. Roy Cooper signed a bill to remove hemp from the state’s list of controlled substances. “Agriculture is North Carolina’s largest industry and giving North Carolina farmers certainty that they can continue to participate in this growing market is the right thing to do for rural communities and our economy,” Cooper said in a press release.

A hemp-focused museum exhibit debuted in June in Barcelona, spotlighting the unique uses of hemp as an important trade crop and source of income for merchants in Japan. Called “Cannabis Japonica,” unique clothing samples and literature are on display through February 2023.

Japan is undergoing its own cannabis renaissance as well. While cannabis is strictly regulated, the country’s health officials are proposing that medical cannabis be legalized to align its regulation with other major countries.

A new report from Technavio examined the global industrial hemp market, and projects that the industry could grow up to $6.47 billion in value between 2021 and 2026. Specifically, the report suggests that the leading hemp product will be textiles. “The industrial hemp market share growth in the textile segment will be significant during the forecast period. Hemp fibers possess significant properties, such as high absorption capacity and good thermal and electrical properties, like low static electricity charge and high heat of sorption,” the report states. “Hence, hemp is used in the manufacture of apparel, fabrics, denim, and fine textiles, thus increasing the demand for hemp in the textile segment. Therefore, owing to these factors, the textile segment of the market in focus is expected to grow during the forecast period.”

The post Pennsylvania Grant Program Sets Up $200,000 for Hemp Education, Marketing appeared first on High Times.

Democratic Pennsylvania Lt. Gov. John Fetterman faces off against Republican celebrity doctor Mehmet Oz in Pennsylvania’s hot-button U.S. Senate race this fall. Fetterman, from the beginning, has been outspoken about his pro-marijuana stance.

Dr. Oz, on the other hand, is more difficult to tell, both slamming adult-use legalization in Pennsylvania and admitting that marijuana is safer than some prescription drugs. The current stance doesn’t exactly align with previous episodes on The Dr. Oz Show, when he was called a medical marijuana “advocate” a few years ago. Dr. Oz now falsely says that legalization leads to higher unemployment rates. 

So Fox News tapped Conway for commentary on the race on September 26, and Conway did not disappoint her base.

“He put the marijuana flag up. He thought that was funny. He’s trolling his opponent. He thinks that’s funny,” Conway said of Fetterman’s recent comments. “Here’s what’s not funny: that there’s been a doubling of overdose deaths in Pennsylvania while he’s been in office from 2015 to 2021. Fentanyl is rankling every corner of this state.”

What fentanyl has to do with marijuana is anyone’s best guess. The conflation of marijuana with overdoses has been debunked by several government agencies.

The National Institute on Drug Abuse (NIDA) admits there has never been a fatal overdose recorded from cannabis alone. The Centers for Disease Control and Prevention (CDC) also says an overdose from cannabis is “unlikely.”

Fentanyl is a completely different story. In 2021, 107,622 total drug overdoses were recorded, and the majority, or 66% of those deaths, are related to synthetic opioids like fentanyl.

In Pennsylvania specifically, troubled areas are riddled with people struggling with opioid addiction, which was documented in the Kensington neighborhood of Philadelphia last month. But Salon reports that the majority of central Philadelphia is gentrified and the drug crisis is better off than it has been in the past. Focusing only on the state’s troubled areas doesn’t provide an accurate picture.

Social Media Mockery

Unsurprisingly, Conway was brutally dragged both on social media and in the media, Newsweek reports. Yahoo! News called Conway’s comments a “brazen marijuana lie,” gaining over 3,000 shares, while the U.K.-based Independent wrote that she was “mocked for blaming overdose deaths on marijuana.” HuffPost and AOL News reported that she was “gaslighting everyone.”

Former GOP strategist Steve Schmidt, who left the Republican party and renounced his membership, tweeted on Tuesday, “I thought John Fetterman put it up to protest the abject stupidity of the US Govt spending $50 billion in taxpayer money on a marijuana crusade that is riddled with hypocrisy. Who gets locked up? Black people. Marijuana and Fentanyl have as much to do with each other as Coors.”

“It’s all nonsense,” Schmidt continued. “Cannabis is legal in many states and has never killed anyone. [Kellyanne Conway] has less credibility than Trump and may be the only American who stands as a true peer of his when it comes to lying. She sold out America for fame and power. Not credible.”

Political commentator Cheri Jacobus actually did the math and figured that if you multiply zero times two, the number is still zero: “If marijuana deaths were doubled, the number would still be zero, you gaslighting cartoon.”

Dr. Jorge Caballero also did the math, but in line graph form, saying that a model of marijuana overdoses would look like a completely level line of zero.

“If you look really closely you can almost see the imaginary line of marijuana overdose deaths on this chart of U.S. government data from the last 22 years,” Caballero tweeted.

Currently, Dr. Oz trails Fetterman in the Pennsylvania race, but polling numbers remain relatively close.

The post Kellyanne Conway Connects Weed With ‘Overdose Deaths’ in Pennsylvania Race Discussion appeared first on High Times.

At the meeting, Booker explained how progress has been made toward legalization, but there is still work to be done. “With a majority of Americans on both sides of the aisle in support of legalization, we know that this has opportunities,” Booker said. “We need, though, to continue to evolve our focus, our vision, and our strategies to make sure that economically, socially—and especially within our criminal justice system—we are expanding fairness, equality and opportunity.”

He explained that the federal government is lagging behind in embracing legalization nationwide, which is the reason he chose to sponsor the current Senate Legalization Bill from Majority Leader Chuck Schumer and Senate Finance Committee Chairman Ron Wyden. “We know there is a historic opportunity right now for our country to rectify past wrongs and to create a more just [and] fair America with more opportunity,” Booker said. “There’s still mountains to climb, but I know we will make progress. I know [we] will make it to the mountaintop. I know we will get to a point in this country, because of our labors, where justice rolls down like water and righteousness like a mighty stream.”

The second half of the conference featured the “PA Pardons Process,” which included Sen. Sharif Street as moderator, in addition to Fetterman, Luis Gonzalez of I AM More, Community College of Philadelphia, and Board of Pardons Secretary Celeste Trusty. Pennsylvania’s Marijuana Pardon Project was announced on Sept. 1 by Pennsylvania Gov. Tom Wolf.

Fetterman, the chair of the program, described the state of Pennsylvania as “a place for second chances,” which will “help people get pardons quickly for stupid weed convictions.” According to Secretary Trusty, over 2,200 residents have applied so far, with 400 having come through just last week.

“This pardon project has the potential to open the door for thousands of Pennsylvanians—the college grad looking to start their career, the grandparent who’s been wanting to chaperone a field trip, or any Pennsylvanian who’s been told ‘no’ for much needed assistance. Now’s your chance,” Gov. Wolf said in his initial announcement. He also added that applicants will be notified by Oct. 13 if they will receive a public hearing. Sometime in mid-December, the Board of Pardons will vote on individual cases, and then will recommend the finalists to Wolf for final review.

Those who have a cannabis-conviction on their record have between Sept. 1-30 to submit an application to be pardoned. Qualifications include convictions relating to possession, intent to distribute small amounts of cannabis, paraphernalia-related offenses and much more. However, there are a few exceptions that could disqualify an applicant for this limited-time offering, such as being enrolled in a rehab program, being actively on probation or parole, being convicted of driving under the influence of cannabis, and more.

The post Pennsylvania Cannabis Policy Summit Brings Together Cory Booker, John Fetterman, and More appeared first on High Times.

Gov. Tom Wolf and Lieutenant Gov. John Fetterman, both Democrats, announced last week the creation of the “PA Marijuana Pardon Project,” billed as an “effort to quickly pardon thousands of Pennsylvanians from minor, non-violent marijuana-related convictions.”

“This pardon project has the potential to open the door for thousands of Pennsylvanians – the college grad looking to start their career, the grandparent who’s been wanting to chaperone a field trip, or any Pennsylvanian who’s been told ‘no’ for much needed assistance. Now’s your chance,” Wolf said in the announcement on Friday.

The governor’s office said that “Pennsylvanians eligible for the opportunity to be pardoned are those with one or both of the following convictions”: “Possession of Marijuana (Title 35 Section 780-113 Subsection A31)”; and “Marijuana, Small Amount Personal Use (Title 35 Section 780-113 Subsection A31I).”

Individuals interested in applying for the program have from September 1 through September 30 to submit their applications online.

“Under the program’s timeline, applicants will be notified by Oct. 13 if they will receive a public hearing. In mid-December, the Board of Pardons will vote on individual cases in public hearings. After the conclusion of the hearings, application recommendations will be made to Wolf for pardons that he will issue prior to departing office in January,” Wolf’s office said in the press release on Friday.

Wolf and Fetterman, who is running for U.S. Senate in Pennsylvania this year, said that they were taking the action “in the absence of legislative action on legalization by the Republican-controlled General Assembly.”

“Nobody should be turned down for a job, housing, or volunteering at your child’s school because of some old nonviolent weed charge, especially given that most of us don’t even think this should be illegal,” Fetterman said in the press release.

Fetterman, who is running against Republican nominee Mehmet Oz (AKA “Dr. Oz”) in the Senate race, is a vocal champion of marijuana legalization.

Last week, ahead of President Biden’s Labor Day visit to Pittsburgh, Fetterman urged the White House to take action on cannabis reform.

“It’s long past time that we finally decriminalize marijuana,” Fetterman said in a statement. “The president needs to use his executive authority to begin descheduling marijuana, I would love to see him do this prior to his visit to Pittsburgh. This is just common sense and Pennsylvanians overwhelmingly support decriminalizing marijuana.”

That position makes for a stark contrast with Oz, who has said he is opposed to cannabis legalization, and whose campaign has mocked Fetterman’s pot-friendly policies.

In an ad released last month, the Oz campaign slammed Fetterman’s position on marijuana, and depicted a bong coming out of the Democratic candidate’s head.

“There are not enough Pennsylvanians to work in Pennsylvania,” Oz said in an interview with Newsmax in May, “so giving them pot so that they stay home is not, I don’t think, an ideal move….We need to get Pennsylvanians back at work, gotta give them their mojo, and I don’t want marijuana to be a hindrance to that.”

Fetterman, meanwhile, has not equivocated on the issue.

“I don’t want to hear any bull— coming out of Dr. Oz’s campaign trying to conflate decriminalizing marijuana with seriously harmful crime,” Fetterman said in a statement, as quoted by the Philadelphia Inquirer. “Are we supposed to believe that neither he nor any members of his staff have ever used marijuana? … I know firsthand what real crime looks like. Marijuana does not fit the bill.”

Cannabis reform advocates praised Wolf and Fetterman for the pardon program.

“It’s a good example of Gov. Wolf and Lt. Gov. Fetterman doing everything they can from the executive office on this issue,” Chris Goldstein, NORML’s Pennsylvania, New Jersey and Delaware regional organizer, said in the press release last week.

The post Pennsylvania Announces Program to Pardon Thousands of Pot Convictions appeared first on High Times.

If approved, the legislation sponsored by state Senator Camera Bartolotta would eliminate Pennsylvania’s zero-tolerance policy for THC, which has been used without proof of impairment to penalize drivers who are registered medicinal cannabis patients.

“Senate Bill 167 is critically needed to protect the medical cannabis community as the penalties for a controlled substance significantly escalate,” Bartolotta told the Transportation Committee before last week’s vote.

Pennsylvania has more than 700,000 registered patients who have qualified to use medicinal cannabis since the medical marijuana program launched in 2018. However, the state’s zero-tolerance drug law puts patients at risk, whether they are under the influence of cannabis or not.

“Under current law, medical cannabis patients can be arrested, prosecuted, and convicted – even if they’re not impaired,” said Bartolotta. “SB167 will treat the medical cannabis patient similarly to one using a prescription narcotic by requiring proof that the motorist or patient is impaired and unable to safely operate a motor vehicle.”

Jailed for a Broken Taillight in Pennsylvania

State Senator Wayne Langerholc, the chair of the Senate Transportation Committee, said that under the state’s current DUI legislation, medicinal cannabis patients who are pulled over by police for something as innocuous as a broken taillight could be given a ticket simply because they have a medical marijuana identification card.

“I’ve read through a lot of different law review articles on this and … I think this kind of takes a novel approach, maybe a groundbreaking approach to address this,” Langerholc said.

Pittsburgh criminal defense lawyer Patrick Nightingale told lawmakers at a legislative hearing held in September that medical cannabis patients are in jeopardy of losing their driver’s license or being put behind bars simply by getting behind the wheel.

“We’re only three years into this [medical marijuana] program and these patients presumably are going to be using medical cannabis for the rest of their lives,” he said. “They’re going to have a number two DUI come up pretty soon and a number three DUI where they are looking at a year incarceration for using medication that the state said is 100% fine to use.”

Bartolotta noted that the state’s zero-tolerance policy is not typical around the country. She said that 33 states, including some that have not legalized access to medical cannabis, require proof of impairment for a DUI conviction. Only 12 states, including Pennsylvania, have zero-tolerance laws for specific substances including THC.

At the committee hearing, Bartolotta emphasized that the legislation does not “give patients a free pass to drive while impaired by medical cannabis. The impaired motorist or patient shall, if convicted, suffer the most serious consequences under our DUI laws.”

Langerholc, a former prosecutor, agreed, noting that “they will be held accountable the same way an individual that was using [cannabis] without any proper prescription would be.”

In a departure from the usual law enforcement stance on legislation to reform cannabis laws, the state police are not opposed to the bill being considered by lawmakers.

“The Pennsylvania State Police remains committed to removing impaired drivers from our commonwealth’s highways to reduce crashes, and the injuries and fatalities that they cause,” Maj. Robert J. Krol Jr., director of the PSP Bureau of Patrol, told the Transportation Committee. “That said, we believe from our review of SB167, that it generally does not have a negative impact on highway safety as it relates to providing an exception for medical marijuana.”

With last week’s approval by the Transportation Committee, the legislation now heads to the full Senate for consideration.

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The York Daily Record has the background on the case involving Franklin Dabney, a 29-year-old from Hanover, Pennsylvania who was arrested in 2020 after a Pennsylvania state trooper in an unmarked vehicle clocked him going 93 miles per hour in a 65 zone.

The trooper “noticed a ‘strong odor of raw marijuana’ coming from inside the vehicle,” the York Daily Record reported, prompting Dabney to “[take] out a medical marijuana card and [state] that the smell was probably originating from his clothes.”

“Law enforcement conducted a warrantless search of the vehicle, finding flakes of suspected marijuana near the center console and front-passenger seat as well as a shopping bag containing three baggies of weed,” the Daily Record reported. “Dabney, police said, had dilated and red eyes. He also showed signs of impairment during standard field sobriety tests. Police arrested Dabney and took him to Gettysburg Hospital, where a blood test revealed that he had active marijuana compounds and metabolites in his system. Prosecutors later agreed to exclude the weed found in his car from evidence and withdrew three of the charges against him.”

A little more than a year after the arrest, a Pennsylvania judge “found Dabney guilty of driving under the influence, careless driving, and speeding and sentenced him to six months’ probation, with 10 days on house arrest and handed down almost $1,115 in fines,” according to the Daily Record, which spurred the appeal. 

Per the newspaper, Dabney and his attorneys contended that “that medical marijuana is not a Schedule 1 controlled substance in Pennsylvania and that law enforcement should be prohibited from charging and prosecuting him for two subsections of DUI,” and if it were, the DUI law would be in conflict with the state’s medical cannabis statute.

Last week, a panel of three judges in the Pennsylvania Superior Court rejected that argument. 

In the ruling, Judge Deborah A. Kunselman, said that “medical marijuana remains a Schedule I controlled substance,” and that “no conflict exists between the [Medical Marijuana Act] and the Vehicle Code.”

“There is no need for ‘medical marijuana’ to be listed as a Schedule I controlled substance because medical marijuana is marijuana, specifically marijuana ‘for certified medical use,’” Kunselman wrote, adding that the Medical Marijuana Act “did not remove marijuana from the list of Schedule I controlled substances.”

Additionally, the panel rejected Dabney’s contention that the state trooper was wrong to conclude that there was probable cause to arrest him for DUI.

“We find no merit to this issue. Our Supreme Court has held that because of the MMA, ‘the odor of marijuana alone does not amount to probable cause to conduct a warrantless search of a vehicle but, rather, may be considered as a factor in examining the totality of the circumstances,” Kunselman wrote. 

The case could have ripple effects for Pennsylvania’s more than 400,000 medical cannabis patients.

As the York Daily Record noted, the ruling “is precedential, which means that it has a binding effect on future cases in Pennsylvania,” and it remains unclear if Dabney will file another appeal.

“That’s certainly something we’re considering,” Dabney’s attorney, Christian DeFilippo, said, as quoted by the York Daily Record. “I want to let him take some time to make that decision.”

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