Pennsylvania Lawmakers Advance Medical Marijuana DUI Protections And Cannabis Banking Reform Bills

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.

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.

The current lack of specific protections for the state’s 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.

“While 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’s medical cannabis community,” Bartolotta said in a press release. “My bill will protect this community without sacrificing the safety of our roads.”

The #PASenate Transportation Committee has approved my #SB167 to protect Pennsylvanians suffering from chronic illness from an inconsistency in the state’s DUI law that leaves them vulnerable to wrongful criminal conviction. @SenLangerholc@PASenateGOPhttps://t.co/QR6PaFddd4

— Senator Bartolotta (@senbartolotta) June 28, 2022

Late last year, health professionals, lawyers and law enforcement officials spoke before the committee at a hearing, highlighting the unique complications that cannabis patients and police face under the current statute and the constitutionality of the proposed reform.

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.

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.

—Marijuana Moment is tracking more than 1,500 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.—

Bartolotta first introduced an earlier version of her bill in June 2020. She said at the time that the state needs to “ensure that the legal use of this medicine does not give rise to a criminal conviction.”

Months after the standalone reform legislation was introduced, the Pennsylvania House approved a separate amendment that would enact the policy change—but it was not enacted into law.

Pennsylvania legalized medical marijuana in 2016, with the first dispensaries in the state opening in 2018. But the state’s zero-tolerance DUI law still doesn’t reflect those changes. Because it criminalizes the presence of any THC or its metabolites in a driver’s blood—which can be detected for weeks after a person’s last use—the law puts virtually all medical marijuana patients at risk, even if it’s been days since their last use and they show no signs of impairment.

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.

As standalone legislation, the cannabis banking reform already passed the Senate, as well as a House committee last week. 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.

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’s desk.

“The provisions of cannabis banking are incredibly important,” Sen. Sharif Street (D) said ahead of the vote. “It does provide additional safety—but 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.”

“The current provisions that prohibit traditional banking makes it makes it financially difficult for small business people—whether it be people of color or even small farmers—to get engaged in this industry,” he said. “We 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.”

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.

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.

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.

Both the standalone bill and the HB 311 amendment would not immunize banks and insurers from potential federal repercussions—but it would be an interim step meant to signal to the financial sector that they at least won’t face penalties under state law.

The House introduced its own version of the marijuana banking bill in April that also included tax relief provisions for the industry that were removed from the Senate measure prior to passage.

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 passed the House in some form six times at this point, only to stall in the Senate.

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’s in bicameral conference, but leadership in both chambers reportedly reached an agreement recently to keep that language out in the interest of expediting the passage of the broader legislation.

Separately, SAFE Banking could be a component of a package of incremental marijuana proposals that are being considered in high-level bicameral talks.

Additionally, congressional leaders are proposing a number of marijuana policy changes in recently released spending legislation, including a provision to provide banking protections to give the cannabis industry access to the banking system.

The text of the Pennsylvania legislation states that a “financial 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.” The same protections would also be codified for insurers.

However, it specifies that the bill would not require banks or insurers to provide services to medical marijuana businesses.

The legislation says that state government agencies cannot “prohibit, 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.”

It also says agencies cannot “recommend, incentivize or encourage a financial institution or insurer” to not provide services just because a business is associated with marijuana.

Further, state agencies could “not take adverse or corrective supervisory action on a loan made to a legitimate cannabis-related business,” the text says.

Meanwhile, a panel of Pennsylvania lawmakers approved an amendment earlier this month that seeks to make it so medical marijuana businesses can receive state tax deductions for expenses they’re currently prohibited from claiming under federal tax law.

The amendment from Rep. Aaron Kaufer (R) was attached to a broader tax code reform bill that advanced through the House Finance Committee.

The legislation would only apply to medical marijuana businesses’ 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.

Outside of Pennsylvania, New York’s governor recently signed a budget proposal that similarly includes provisions to let marijuana businesses take state tax deductions that are available to other industries despite an ongoing federal ban on cannabis.

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.

Rodney Hood, a board member and former chairman of the National Credit Union Administration (NCUA), has repeatedly emphasized the urgent need for a federal resolution to the marijuana banking problem. He recently applauded efforts by lawmakers in states like Pennsylvania to address the issue within their jurisdictions, but he said it’s not enough.

An organization representing mayors from across the U.S. recently adopted a resolution imploring Congress to pass a bill to safeguard banks that work with state-legal marijuana businesses from federal penalties.

A coalition of cannabis regulators representing 40 U.S. states and territories recently explained to congressional lawmakers just what the current lack of access to traditional financial services means—not just for the businesses and the programs they oversee, but for the regulators navigating this federal-state conflict themselves.

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Photo courtesy of Mike Latimer.

Pennsylvania Senate Committee Holds Second Marijuana Legalization Hearing As Reform Bill Is Drafted

A key Pennsylvania Senate committee on Monday held the second of three hearings it has scheduled on marijuana legalization, taking testimony meant to help inform a forthcoming reform bill that the panel’s chairman is actively drafting.

The Senate Law and Justice Committee meeting focused on the experiences of other states that have enacted legalization, with industry stakeholders, advocates and representatives of the Koch-backed Americans for Prosperity testifying on the issue.

Sen. Mike Regan (R), who chairs the panel, circulated a cosponsorship memo last year along with Rep. Amen Brown (D) to build support for the reform, and these meetings are designed to give lawmakers added context into the best approach to legalization for the state.

At an initial hearing earlier this month, much of the discussion focused on whether creating a regulated market would be sufficient to eliminate illicit sales, how police would be affected and the impact on impaired driving.

This time around, committee members talked about varying tax structures and other regulatory approaches that have been created in states like Illinois and California.

“There has been a demand from many of my colleagues in both the Senate and the House that any adult-use legislation needs to be comprehensive and include best practices from other states,” Regan said in opening remarks. “We have gone to great lengths to bring together an extremely knowledgeable and diverse group of individuals with experience in many of those states.”

While reform bills have been introduced in past sessions and the policy change has the support of Gov. Tom Wolf (D), Monday’s event marks only the second time a legislative panel has debated recreational legalization in the Republican-controlled Pennsylvania General Assembly. One more hearing will soon be scheduled in the panel.

The latest hearing provided a broad overview of the experiences in out-of-state markets, rather than specific legislative proposals like a bipartisan measure introduced last year by Sens. Dan Laughlin (R) and Sharif Street (D), who also participated in the hearing.

On Monday, watch the 2nd of 3 hearings on finally ending the prohibition of cannabis in PA. We have a responsibility to end the failed war on drugs, expunge records, and use millions in taxes to fund our communities. #legalizeithttps://t.co/jmaDEP16mQhttps://t.co/V7VXe1aqdB…

— Senator Sharif Street (@SenSharifStreet) February 26, 2022

Those senators also recently filed introduced a bill that would allow medical marijuana patients to cultivate their own plants for personal use. Street had attempted to get the reform enacted as an amendment to an omnibus bill this summer, but it did not advance.

“Since first announcing my intention of introducing legislation to legalize adult-use marijuana, I have expressed my desire to learn from those states who have taken that step,” Regan said. “I want to fully understand which states are models of success, which ones we should look at for guidance on specific aspects of establishing an adult-use cannabis program in Pennsylvania and which states have failed in one way or another.”

“It is not necessary for us to go about this blindly when 18 other states have navigated the process already,” the chairman said. “Learning from them is important so that we can answer questions our constituents and colleagues have raised about how adult use marijuana will be will be implemented in Pennsylvania.”

—Marijuana Moment is already tracking more than 1,000 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.—

Meanwhile, Street is behind another recent cannabis measure to provide state-level protections to banks and insurers that work with cannabis businesses.

Jeremiah Mosteller, senior policy analyst for criminal justice at Americans for Prosperity, testified at Monday’s hearing that the organization is contributing “as a neutral voice to help states set up fair, safe and efficient markets that can undermine the black market.”

He said that other states like Michigan could be viewed as a model for taxation, for example, by creating a tax scheme that is phased in over time. He also emphasized the importance of “empowering local companies and farmers to be a part of this market.”

Regan concluded the hearing by thanking the witnesses and saying that he’s “cognizant that the legalization of adult-use of marijuana is concerning for many members—but as more surrounding states legalize marijuana, we cannot sit idly by, and that’s why these hearings are so vitally important.”

LAW & JUSTICE COMMITTEE – a public hearing on adult-use marijuana

Watch Live NOW: https://t.co/yeP0wpRtAM

— Senator Dan Laughlin (@senatorlaughlin) February 28, 2022

In the interim, Lt. Gov. John Fetterman (D), who is running for U.S. Senate this year, said one of his key goals in his final year in office is to ensure that as many eligible people as possible submit applications to have the courts remove their cannabis records and restore opportunities to things like housing, student financial aid and employment through an expedited petition program.

Pennsylvania lawmakers could also take up more modest marijuana reform proposals like a bill filed late last year to expand the number of medical marijuana cultivators in the state, prioritizing small farms to break up what she characterized as a monopoly or large corporations that’s created supply problems.

Additionally, another pair of state lawmakers—Reps. Jake Wheatley (D) and Dan Frankel (D)—formally unveiled a legalization bill they’re proposing last year.

Philadelphia voters also approved a referendum on marijuana legalization in November that adds a section to the city charter saying that “the citizens of Philadelphia call upon the Pennsylvania General Assembly and the Governor to pass legislation that will decriminalize, regulate, and tax the use, and sale to adults aged 21 years or older, of cannabis for non-medical purposes.”

Wolf, the governor, said last year that marijuana legalization was a priority as he negotiated the annual budget with lawmakers. However, his formal spending request didn’t contain legislative language to actually accomplish the cannabis policy change.

The governor, who signed a medical cannabis expansion bill in June, has repeatedly called for legalization and pressured the Republican-controlled legislature to pursue the reform since coming out in favor of the policy in 2019. Shortly after he did that, a lawmaker filed a separate bill to legalize marijuana through a state-run model.

A survey from Franklin & Marshall College released last year found that 60 percent of Pennsylvania voters back adult-use legalization. That’s the highest level of support for the issue since the firm started polling people about it in 2006.

During #PASenate Law & Justice Committee hearing, discussion included #SB167, my bill ensuring legal medicinal cannabis patients who are unimpaired do not receive a DUI conviction. Thanks Patrick Nightingale, Esq, for the support & shoutout. @PASenateGOPhttps://t.co/FrnuI1O5vR

— Senator Bartolotta (@senbartolotta) February 28, 2022

An attempt to provide protections for Pennsylvania medical marijuana patients from being charged with driving under the influence was derailed in the legislature last year, apparently due to pushback by the state police association.

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Photo courtesy of Max Pixel.

Pennsylvania Senators Discuss Bill To Provide DUI Protections For Medical Marijuana Patients

Pennsylvania senators on Tuesday heard testimony on a bill to protect medical marijuana patients from being prosecuted under the state’s “zero tolerance” DUI laws.

Health professionals, lawyers and law enforcement officials spoke before the Senate Transportation Committee, highlighting the unique complications that cannabis patients and police face under the current statute and the constitutionality of the proposed reform.

The legislation, sponsored by Sen. Camera Bartolotta (R), would amend state law to require proof of active impairment before a registered patient could be prosecuted for driving under the influence. The current lack of specific protections for the state’s roughly 368,000 patients puts them in legal jeopardy when on the road, supporters say.

“Unfortunately, Pennsylvania’s zero tolerance DUI law does not contemplate the difference between medicinal and recreational use of marijuana,” Bartolotta told committee members at the hearing. “Because of this, unimpaired patients currently face the risk of being arrested, prosecuted and convicted for using medicinal marijuana that has no bearing on their ability to drive a vehicle.”

My remarks from today's Senate Transportation Committee regarding my legislation that would update Title 75 to ensure legal medicinal cannabis patients who are unimpaired do not receive a Driving Under the Influence (DUI) conviction.

Full story: https://t.co/YDJwcLgdUn

🎥👇 pic.twitter.com/YEriamoRp6

— Senator Bartolotta (@senbartolotta) September 21, 2021

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.

Patrick Nightingale, a criminal defense attorney who is also part of the reform organization Law Enforcement Action Partnership, explained to the committee that the current law makes it so people can be prosecuted for having cannabis metabolites present in their system while driving. That’s troubling, he said, because those compounds can be present for weeks after a person ingests marijuana, and it does not prove active impairment.

He said that while everyone agrees that medical cannabis patients shouldn’t be given a free pass to drive while intoxicated on marijuana, the proposed bill would simply align the state’s policy with the science and provide necessary protections for patients.

“I’m very encouraged that Senator Bartolotta was willing to step up on behalf of Pennsylvania patients. We have been struggling for over two years to get some traction on DUI reform bills,” Nightingale told Marijuana Moment. He added that he feels confident that, because the sponsor is part of the legislature’s majority party, the bill will move through committee and ultimately become enacted.

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.

—Marijuana Moment is already tracking more than 1,200 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.—

“This, in my opinion as a criminal defense attorney, activist and medical cannabis patient, is the most pressing issue facing our 350,000 plus medical cannabis patient population,” Nightingale said.

Paul Armentano, deputy director of NORML, submitted written testimony to the committee.

“Zero tolerance DUI prosecutions and convictions without proof of actual impairment and reliance on non-psychoactive metabolites is unscientific and without any rational support,” he said, adding that even per se THC limits for drivers that have been imposed in other states are unscientific attempts to address the issue without recognizing the complex pharmacokinetic properties of cannabis and its effects on consumers.

Members of the committee did not vote on the proposal on Tuesday, but the hearing sets the stage for later action.

Another bill we’re discussing is SB 167, which would require proof of intoxication for a medical marijuana patient who is given a DUI. Right now, PA’ans with medical marijuana prescriptions can be at risk of losing their licenses for using medication prescribed by a doctor.

— Senator John Kane (@SenatorJohnKane) September 21, 2021

Bartolotta first introduced an earlier version of her bill in June 2020. She said at the time that the state needs to “ensure that the legal use of this medicine does not give rise to a criminal conviction.”

Months after the standalone reform legislation was introduced, the Pennsylvania House approved a separate amendment that would enact the policy change.

Pennsylvania legalized medical marijuana in 2016, with the first dispensaries in the state opening in 2018. But the state’s zero-tolerance DUI law still doesn’t reflect those changes.

“Unimpaired patients currently face the risk of being arrested, prosecuted and convicted for using medicinal marijuana that has no bearing on their ability to drive a vehicle,” the senator wrote in a cosponsorship memo late last year. “Given the very serious consequences of a DUI conviction, my legislation will provide critical protections for medicinal cannabis patients by ensuring responsible use of their legal medicine does not give rise to a criminal conviction.”

Witnesses who testified on Tuesday emphasized that evidence isn’t clear on the relationship between THC concentrations in blood and impairment.

The #PASenate Transportation Committee received testimony during a hearing on my #SB167 which would update Title 75 to ensure legal medicinal cannabis patients who are unimpaired do not received a DUI conviction. @PASenateGOP@SenLangerholchttps://t.co/UufWjRjVvi

— Senator Bartolotta (@senbartolotta) September 21, 2021

A study published in 2019, for example, concluded that those who drive at the legal THC limit—which is typically between two to five nanograms of THC per milliliter of blood—were not statistically more likely to be involved in an accident compared to people who haven’t used marijuana.

Separately, the Congressional Research Service in 2019 determined that while “marijuana consumption can affect a person’s response times and motor performance… studies of the impact of marijuana consumption on a driver’s risk of being involved in a crash have produced conflicting results, with some studies finding little or no increased risk of a crash from marijuana usage.”

Outside of this bill, Pennsylvania lawmakers have continued to pursue adult-use legalization in the state. Earlier this year, two legislators circulated a memo to build support for a comprehensive reform bill they plan to introduce, for example.

A bipartisan Senate duo is also in the process of crafting legislation to legalize cannabis across the commonwealth. They announced some details of the proposal earlier this year, but the bill has yet to be formally introduced.

Outside the legislature, Gov. Tom Wolf (D) said earlier this year that marijuana legalization was a priority as he negotiated the annual budget with lawmakers. However, his formal spending request didn’t contain legislative language to actually accomplish the cannabis policy change.

Wolf, who signed a medical cannabis expansion bill in June, has repeatedly called for legalization and pressured the Republican-controlled legislature to pursue the reform since coming out in favor of the policy in 2019. Shortly after he did that, a lawmaker filed a separate bill to legalize marijuana through a state-run model.

Lt. Gov. John Fetterman (D), who is running for U.S. Senate, previously led a listening tour across the state to solicit public input on legalization. He’s credited that effort with helping to move the governor toward embracing comprehensive reform. The lieutenant governor even festooned his Capitol office with marijuana-themed decor in contravention of a state law passed by the GOP-led legislature.

Fetterman has also been actively involved in encouraging the governor to exercise his clemency power for cannabis cases while the legislature moves to advance reform.

In May, Wolf pardoned a doctor who was arrested, prosecuted and jailed for growing marijuana that he used to provide relief for his dying wife. That marks his 96th pardon for people with cannabis convictions through the Expedited Review Program for Non-Violent Marijuana-Related Offenses that’s being run by the Board of Pardons.

Overall, legalization is popular among Pennsylvania voters, with 58 percent of residents saying they favor ending cannabis prohibition in a survey released in April.

Another poll released in May found that a majority of voters in the state also support decriminalizing all currently illicit drugs.

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Photo courtesy of Mike Latimer.