Marijuana legalization finds support from Allentown City Council. Here's where things stand among state lawmakers

ALLENTOWN, Pa. — Allentown’s legislative arm on Wednesday threw its weight behind marijuana legalization in Pennsylvania.

City Council voted 5-2 to approve a resolution supporting House Bill 1200, Democratic-sponsored legislation that would make marijuana available for recreational use by people 21 and older.

Council’s resolution also endorses Gov. Josh Shapiro’s proposed budget, which projects legalization would generate more than $25 million in tax revenues.

Under state lawmakers’ proposal, marijuana would be sold through state-owned stores managed by the Pennsylvania Liquor Control Board, with a 12% tax on all products on top of the state’s 6% sales tax.

Legalizing marijuana would bring Pennsylvania in line with 24 other states, including New Jersey, Maryland and Ohio, while 46 states — including the Keystone State — have medicinal marijuana programs.

Allentown Councilmen Ed Zucal and Daryl Hendricks, both former Allentown police, voting against the city measure.

Votes from Cynthia Mota, Ce-Ce Gerlach, Natalie Santos, Santo Napoli and Candida Affa secured its passage.

Affa sang the potential benefits of marijuana legalization.

“Tax wise, it's great for us,” she said.

And buyers could be confident they’re buying “pure marijuana” that’s been tested by state-certified labs, she said, noting concerns over “fentanyl and everything else [street dealers] lace it with.”

Affa, who owned a bar in Allentown for almost four decades, called alcohol “one of the worst drugs out there,” while referring to marijuana as “a plant.”

Cynthia Mota, who spearheaded council’s resolution, credited Shapiro for including marijuana legalization in his proposed budget and state Rep. Peter Schweyer, D-Lehigh, who is co-sponsoring House Bill 1200.

“I believe that drug usage should be treated as a health issue, not another policing or criminal issue,” she said. “This step moves us in that direction.”

Enforcement varies

Allentown City Council moved to decriminalize marijuana seven years ago, passing an ordinance to classify possession of a small amount — 30 grams or less — as a summary offense with a $25 fine.

But former Lehigh County District Attorney Jim Martin directed officers to continue enforcing state law, which treats possession of a small amount as a misdemeanor that carries a potential 30-day jail sentence and $500 fine.

Bethlehem decriminalized marijuana months after Allentown.

While Martin insisted police enforce stricter state laws in the Lehigh County portion of the city, former Northampton County District Attorney John Morganelli supported police issuing citations instead of filing misdemeanor charges.

Easton City Council last month approved an ordinance to decriminalize possessing small amounts of marijuana.

Mota urged Mayor Matt Tuerk to “revisit” Allentown City Council’s 2018 marijuana decriminalization amid growing calls for legalization.

But any order to scale back enforcement must come from higher up, Allentown Police Chief Charles Roca said.

“Until it's changed by state law, we're going to treat it as a misdemeanor,” he said.

Where state legislation stands

While the Cannabis Health and Safety Act was passed by the state House on May 7, it won't become law in Pennsylvania — at least not anytime soon.

A week after its passage in the House, the Pennsylvania Senate Law and Justice Committee voted 7-3 to reject HB 1200, which committee Chairman Sen. Dan Laughlin had previously called "dead on arrival."

The decision means the bill, as proposed, will not be considered on the Senate floor, as its last update was filed as "motion to report defeated."

In the Pennsylvania General Assembly, a "motion to report" is a crucial step in the legislative process, signifying the committee will either advance a bill to the full chamber or hold it.

A "motion to report defeated" means it officially will not be sent to the Senate floor for consideration in the 2025-26 legislative session.

It still could be introduced at a future session.

Meanwhile, Laughlin was among those to recently introduce Senate Bill 120, a bipartisan effort to legalize adult-use cannabis.

In a memo introducing the bill on July 10, Laughlin and Sen. Sharif Street, a Philadelphia Democrat, said that while Pennsylvania has made significant strides in legalizing medical marijuana, passing a bill that would legalize adult-use cannabis "would provide more access for patients who benefit from marijuana but may not qualify under current medical marijuana criteria.

"Legalization also helps strengthen the state's marijuana infrastructure, ensuring that both medical and adult-use programs can operate safely and efficiently," the memo said.

Four other Democrats also have signed on with their support of the bill.

"The bill is smart, fair, and realistic," Laughlin said on X. "It's time Pennsylvania joined the growing number of states that are getting cannabis policy right."

Under Laughlin's and Street's proposal, the state sales tax would be 6%, with an excise tax imposed on each dispensary organization at the rate of 8% of the sales price "for cannabis sold or otherwise transferred to any person other than a cannabis business establishment."