Chris Holbert: A better way forward on cannabis for Pennsylvania Republicans
When I arrived in the Colorado Legislature in 2011, I would have dismissed the suggestion that a conservative Republican like myself would ever help lead efforts to legalize cannabis. Like most of my colleagues and the majority of constituents I represented, I voted against two amendments to the Colorado Constitution that legalized marijuana. Despite my opposition, a majority of Colorado voters approved a ballot measure legalizing medical marijuana in 2002. Ten years later, a majority of Coloradans voted to legalize adult-use marijuana.
I learned from experience that governing can require a legislator to confront uncomfortable realities when the public is already there on an issue — and sometimes those realities change minds. This didn’t just turn out to be good policy, but it was also good politics for Republicans. No Republican lost a primary or general election on the issue and leadership votes in our caucus were gained rather than lost.
Now, as Pennsylvania Senate Republicans face mounting political pressure to address cannabis policy, just as I did a decade ago, I urge them to learn from the Colorado example and to embrace a fundamentally comprehensive approach: effective regulation rather than continued prohibition. I am not suggesting that Pennsylvania should mirror how Colorado regulates cannabis, but I encourage Republicans in the Commonwealth to take a more effective approach.
As conservatives, we can generally agree that government governs best when it governs least. Pennsylvania Republicans should avoid regulating cannabis in different ways depending on the intended use of a given cannabis plant. Colorado regulates some cannabis as medical marijuana, other cannabis as recreational marijuana, and cannabis that meets a 79-year-old federal definition of hemp through a third regulatory cannabis framework. That complexity leads to uncertainty, confusion, and certainly doesn’t govern best. Prohibition is Big Government.
Loopholes in federal law have led to the sale of unregulated, psychoactive hemp-derived products in gas stations, convenience stores, and online — often with “click a button” age verification. While some might dismiss hemp as a weak cousin to marijuana, that perspective is far outdated and ignores the abilities of modern technology.
Since 1946, our federal government has defined hemp as cannabis plants that contain no more than 0.3% delta-9 THC on a dry weight basis. Since then, the federal government has distinguished hemp from marijuana based on the quantity of that one cannabinoid. Delta-9 THC is the commonly understood psychoactive cannabinoid.
Today, we know that there are at least two other cannabinoids that, when adequately concentrated, can cause psychoactive effects: delta-8 THC and delta-10 THC. There are also synthesized variations, which might be labeled as “THC-0” or similar terminology. Synthetic cannabinoids are not natural hemp products — they are chemically altered drugs. These substances are not naturally occurring — they are manufactured using harsh chemicals and solvents, often overseas.
But cannabis regulation has traditionally relied solely on a measure of delta-9 THC. Thus, those other cannabinoids often fall outside of statutory or regulatory control. Lawmakers recently met in Harrisburg to debate these psychoactive hemp-derived products, also known as intoxicating hemp or synthetic THC. The state is among only 8 other states without any regulation for such dangerous intoxicants.
Pennsylvania Needs Regulation
I encourage Pennsylvania lawmakers to consider regulating all cannabis products based on products that contain psychoactive cannabinoids and those that do not. All products that contain psychoactive cannabinoids should be subject to the same testing, labeling, and packaging requirements. Products that do not contain psychoactive cannabinoids such as CBD, textiles, and rope can be subject to far less stringent regulation.
This approach addresses the intoxicating hemp program. And, for Republicans, adult-use cannabis legalization provides the clearest public safety protections and most effective enforcement mechanisms to curb the problem of intoxicating hemp which dominates Pennsylvania gas stations, convenience stores, and retail outlets. An adult-use program would ensure that only tested, safe products are available for purchase in dispensaries, where ID checks would be enforced, thereby removing dangerous, untested products from general circulation.
A Free Market for Pennsylvania
Senate Republicans have the chance to apply fiscal conservatism, personal responsibility, and free market thinking to a unique and more effective cannabis regulatory framework. One that would, in my opinion, better protect Pennsylvanians while respecting individual liberty.
There are three legalization bills in front of lawmakers. I commend two Republicans who have notably taken leadership on this issue – Sen. Dan Laughlin (representing Erie) and Rep. Abby Major (representing Armstrong and Westmoreland.) Both lawmakers have sponsored legislation to create regulated legalization frameworks for Pennsylvania and I’d like to see Republicans embrace this momentum.
Rather than just say no, I encourage all Pennsylvania Republicans to govern best by legalizing cannabis now. It’s good policy, good politics, and the right thing to do.
Chris Holbert served as a Republican state representative (2011-2014) and state senator (2015-2022) in Colorado, which began state-licensed retail marijuana sales in January 2014. During his time in the Colorado Senate, he was elected as Senate Majority Leader (2017-2018) and was twice elected unanimously as Senate Minority Leader (2019-2020 & 2021-2022). Subject to term limits, Chris and his wife moved to Florida in 2022.
This article was edited to correct an error about how marijuana was legalized in Colorado: it was by referendum, not by an act of the legislature.
Prohibition and Reefer Madness are only pushed and believed by a very small, lunatic-fringe minority of irrational looney-tune Holier Than Thou types that are on a never ending little personal moral-crusade and witch-hunt against relatively benign cannabis and it’s consumers. The rest of us sane, rational, normal Americans just laugh our butts off at and mock utterly desperate lying prohibitionists and their ridiculous Reefer-Madness-Rhetoric as the comedy show they truly are!
Cannabis should be absolutely just as legal and easy to obtain anywhere as alcohol currently is. No exceptions. It’s so easy: As legal and easy to obtain/use as alcohol currently is. Why hold relatively benign, often healing cannabis to any sort of irrational, stricter double standard than perfectly legal alcohol?
Legalize federally now. What’s legal to possess and consume in over half of the populated areas of The United States should not make you a criminal in states still being governed by woefully ignorant prohibitionist politicians. Cannabis consumers in all states deserve and demand equal rights and protections under our laws that are currently afforded to the drinkers of far more dangerous and deadly, yet perfectly legal, widely accepted, endlessly advertised and even glorified as an All-American pastime, alcohol. Plain and simple! Legalize Nationwide Federally Now!
The “War on Cannabis” has been a complete and utter failure. It is the largest component of the broader yet equally unsuccessful “War on Drugs” that has cost our country over two trillion dollars.
Instead of The United States wasting Billions upon Billions more of our yearly tax dollars fighting a never ending “War on Cannabis”, lets generate Billions of dollars, and improve the deficit instead. Especially now, due to Covid-19. It’s a no brainer.
The Prohibition of Cannabis has also ruined the lives of many of our loved ones. In numbers greater than any other nation, our loved ones are being sent to jail and are being given permanent criminal records. Especially, if they happen to be of the “wrong” skin color or they happen to be from the “wrong” neighborhood. Which ruin their chances of employment for the rest of their lives, and for what reason?
Cannabis is much safer to consume than alcohol. Yet do we lock people up for choosing to drink?
Let’s end this hypocrisy now!
The government should never attempt to legislate morality by creating victim-less cannabis “crimes” because it simply does not work and costs the taxpayers a fortune.
Cannabis Legalization Nationwide is an inevitable reality that’s approaching much sooner than prohibitionists think and there is nothing they can do to stop it!
Legalize Nationwide Federally Now! Support Each and Every Cannabis Legalization Initiative!
“Cannabis is 114 times safer than drinking alcohol”
“Cannabis may be even safer than previously thought, researchers say”
“Cannabis may be even safer than previously thought, researchers say New study: We should stop fighting Cannabis legalization and focus on alcohol and tobacco instead By Christopher Ingraham February 23
Compared with other recreational drugs — including alcohol — Cannabis may be even safer than previously thought. And researchers may be systematically underestimating risks associated with alcohol use.
Those are the top-line findings of recent research published in the journal Scientific Reports, a subsidiary of Nature. Researchers sought to quantify the risk of death associated with the use of a variety of commonly used substances. They found that at the level of individual use, alcohol was the deadliest substance, followed by heroin and cocaine.”
-Washington Post
“The report discovered that Cannabis is 114 times less deadly than alcohol. Researchers were able to determine this by comparing the lethal doses with the amount of typical use. Through this approach, Cannabis had the lowest mortality risk to users out of all the drugs they studied. In fact—because the numbers were crossed with typical daily use—Cannabis is the only drug that tested as “low risk.”
-Complex
Marijuana is and has always been a gateway drug. It does great damage to brain development as well.
Also, one little fact from Colorado – for every dollar in tax revenue, Coloradans spend approximately $4.50 to address the negative consequences of legalization, including costs related to the healthcare system, law enforcement, and school dropout rates.
Legalizing marijuana is like putting lipstick on a pig. No way.
Brian Kelly, and these other marijuana folks… always talking about alcohol and other things… besides marijuana??? It is literally a sign indicating how bad marijuana must be… because they constantly try and avoid that main topic (marijuana) by introducing irrelevant topics (like alcohol), to try and make the original issue (marijuana) seem less significant. It is obvious, stupid, and pathetic. Just stick to the topic: the sticky icky. Unlike people using marijuana, people who consume alcohol don’t spray it all over others in the park, sitting in traffic, or on children playing outside.
Colorado legalized the sticky icky in 2012… and then under Rep. Holbert’s tenure, homelessness in Colorado rose by 13% from 2015 to 2016, while the national average dropped by 3%. Why did that happen?!? Similarly, a 2017 report noted an 8% rise in homelessness in Colorado post-legalization, with some attributing this to cannabis policy. And a 2022 quasi-experimental analysis found states with recreational cannabis laws exhibited higher homelessness rates. Weird coincidence, huh? Has anyone noticed the homeless explosion in the United States of America recently? Simple question: what does former Senate Minority Leader Holbert do for money living down in Florida?
Fear of Cannabis Legalization Nationwide is unfounded. Not based on any science or fact whatsoever. So please prohibitionists, we beg you to give your scare tactics, “Conspiracy Theories” and “Doomsday Scenarios” over the inevitable Legalization of Cannabis Nationwide a rest. Nobody is buying them anymore these days. Okay?
Furthermore, if all prohibitionists get when they look into that nice, big and shiny crystal ball of theirs, while wondering about the future of cannabis legalization, is horror, doom, and despair, well then I suggest they return that thing as quickly as possible and reclaim the money they shelled out for it, since it’s obviously defective.
The prohibition of cannabis has not decreased the supply nor the demand for cannabis at all. Not one single iota, and it never will. Just a huge and complete waste of our tax dollars to continue criminalizing citizens for choosing a natural, non-toxic, relatively benign plant proven to be much safer than alcohol.
If prohibitionists are going to take it upon themselves to worry about “saving us all” from ourselves, then they need to start with the drug that causes more death and destruction than every other drug in the world COMBINED, which is alcohol!
Why do prohibitionists feel the continued need to vilify and demonize cannabis when they could more wisely focus their efforts on a real, proven killer, alcohol, which again causes more destruction, violence, and death than all other drugs, COMBINED?
Prohibitionists really should get their priorities straight and/or practice a little live and let live. They’ll live longer, happier, and healthier, with a lot less stress if they refrain from being bent on trying to control others through Draconian Cannabis Laws.
There is absolutely no doubt now that the majority of Americans want to completely legalize cannabis nationwide. Our numbers grow on a daily basis.
The prohibitionist view on cannabis is the viewpoint of a minority and rapidly shrinking percentage of Americans. It is based upon decades of lies and propaganda.
Each and every tired old lie they have propagated has been thoroughly proven false by both science and society.
Their tired old rhetoric no longer holds any validity. The vast majority of Americans have seen through the sham of cannabis prohibition in this day and age. The number of prohibitionists left shrinks on a daily basis.
With their credibility shattered, and their not so hidden agendas visible to a much wiser public, what’s left for a cannabis prohibitionist to do?
Maybe, just come to terms with the fact that Cannabis Legalization Nationwide is an inevitable reality that’s approaching much sooner than prohibitionists think, and there is nothing they can do to stop it!
Legalize Nationwide!…and Support All Cannabis Legalization Efforts!
Junkies, and dealers, and politicians-with-conflicting-financial-interests, oh my!
Crazy rants… they write,
“Worship weed!”— look… alcohol!
Cogent? Not at all.
You’re all bent out of shape and worried about and desperately want to fear monger the public over cannabis “Junkies”, really now??? Lmao (*yawns some more*) Wow, just wow. Your ignorance is astounding!
Again, please let it sink in this time: Prohibition and Reefer Madness are only pushed and believed by a very small, lunatic-fringe minority of irrational looney-tune Holier Than Thou types that are on a never ending little personal moral-crusade and witch-hunt against relatively benign cannabis and it’s consumers. The rest of us sane, rational, normal Americans just laugh our butts off at and mock utterly desperate lying prohibitionists and their ridiculous Reefer-Madness-Rhetoric as the comedy show they truly are!
What we certainly don’t need are anymore people who feel justified in appointing themselves to be self-deputized morality police.
We are very capable of choosing for ourselves if we want to consume cannabis, a far less dangerous choice over alcohol, and we definitely don’t need anyone dictating how we should live our own lives.
We can’t just lock up everyone who does things prohibitionists don’t personally approve of.
It seems to me that besides being an anarchist you are might not realize how racist your position is, actually. The Federal Reserve Bank of Kansas City study reported a 35% increase in chronic homelessness in states post-legalization. Research indicates that marijuana commercialization is concentrated in low-income Black and Hispanic communities, which face higher rates of homelessness and disparate consequences of drug use. A Johns Hopkins study found that low-income Black neighborhoods in Baltimore were ten times more likely to be involved in the retail drug business, exacerbating social inequities. Legalization has led to a higher prevalence of marijuana use among adolescents. A 2017 study noted a significant increase in marijuana use among students post-legalization, particularly among females and Black and Hispanic students. Early use is concerning as it can impair brain development, leading to cognitive issues, memory deficits, and reduced academic performance.
The legalization of recreational marijuana has brought PROVEN notable social challenges, including increased homelessness, public health issues, youth vulnerability, and persistent crime-related problems.
A 2019 Denver study found that neighborhoods with marijuana dispensaries experienced 84.8 more property crimes annually than those without. Then we have the author of this article doubling down. Why?
Two questions for Mr. Holbert:
1- you made no mention of the increase in traffic accidents and deaths and crime in Colorado. I’ve heard those have been affected quite a bit since Colorado legalized pot. Can you provide any insight on this?
2- You are no longer in the Colorado legislature? Are you now a paid lobbyist for the pot industry? If so, that should have been disclosed.
1. It stinks like hell. 2. I don’t want pot culture coming to stores that sell it and end up being a hangout for that crowd.
There are no long-term creditable studies on the effects of cannabis on neural pathways and long-term psychological effects. The comparison between alcohol and cannabis with alcohol being dangerous and cannabis being benign, is disingenuous. Cannabis use does affect judgement and decision-making just as alcohol does. I personally would not want to be going into open heart surgery with the surgeon having just smoked a dobie any more than if he had a double martini. In fact, depending on the study, within a month of have smoked it, the effects supposedly lingering that long. My personal experience in Vietnam was being in the presence of two dumb asses who had been smoking cannabis walking around the LZ perimeter laughing, giggling and talking loud in spite of the fact we were under mortar fire and sniper fire. I would not have been too saddened if they got shot, i was PO that they could draw fire on me. Not what I would call benign behavior.
Ed Rendell taught our leaders that they can monetize vice by setting up casinos throughout Pennsylvania. He was aghast at the prospect of Atlantic City receiving money that he wanted to spend.
Now some Republicans want to make it easier to sell poison in the state, so that they can pick up a few more tax bucks.
Prostitution is legal in parts of Nevada, perhaps that should be their next push for Pennsylvania.
How amusing that Chris Holbert helped legalize in Colorado, and then promptly moved to Florida! Why is he writing to Pennsylvania voters instead of Governor DeSantis?
What happened to freedom and liberty? People get killed literally every day driving cars and motorcycles. How many people are disabled or killed by drunk drivers? Will we outlaw doughnuts because fat people have a greater risk of disease and dying? Another big killer is Tylenol. And i will deliberately avoid the discussion about covid vaccines. The public needs to be instructed about the dangers in society and be responsible for their choices. . It’s not the government’s job to micromanage people’s lives.
Should prostitution be legal? Heroin? Why are prescriptions required for opioids, they should be handed out like candy.
Government has a right to forbid the sale of harmful substances and has exercised this right for a long time.
The liberty argument is an obvious pretext made by those who want to get rich by selling poison, emulating tobacco sellers, the only difference is that cigarettes are now anathema to the liberal elite whereas cannabis is not because they associate it with their glory days of the 1960s.
I applaud the decision by the editors of Broad and Liberty to publish a commentary that is counter to what he expects the Republican representatives and senators in PA to do when considering the Legalizing Pot bill. However, his arguments are old ones that are well behind the short term, mid-, and long-term health hazards of liberal use of cannabis and a major report in The Atlantic (Hardly a conservative outlet) that no good comes to those states that have legalized pot, including Colorado. It is fair to ask the motive of Mr. Holbert to influence policymakers in our state. My guess is there was a nudge from stakeholders who will benefit financially. It is convenient to turn the debate into a liberal vs. conservative dialogue when the Governor is Jonsin to pass a legalizing pot bill and the major media support the effort and advocates paint those against legalizing pot as examples of the Nanny State or killjoys.
The main arguments that I see from the new and enlightened advocates are 1) Keeping up with the Jones’s; 2) Let’s give the public what they want, given that surveys show that the majority are for legalizing pot. However, what surveys don’t ask is about the knowledge the public has about the health hazards, which is minimal knowledge, and this is aided by lack of coverage in major media outlets in the state; and 3) Why pass up a major opportunity to collect more taxes from consumers.
Here are some points that I hope the PA legislators from any party consider before pandering to dubious arguments that there is not problem with legalizing a mood-altering drug.
Points to consider with supporting references and Links
The US Department of Justice Drug Enforcement Administration continues to classify marijuana/cannabis as a Schedule I drug, given its high potential for abuse and no accepted medicinal value, warranting its treatment as a controlled substance.
While admitting that public opinion polls continue to support making medicinal or recreational cannabis legal (With fewer favoring the latter), there are no credible surveys evaluating the knowledge that the public has with the health risks of ingesting cannabis in any form, for which there is a litany of problems short, mid, and long-term and head to toe!
The evidence for the health risks for ingesting or making readily available cannabis in all its forms is growing for users and bystanders, such as children and pets. (See recent reports listed below.)
Most will be surprised, even those involved in the healthcare and public health policymaking process across our states, that the official language in the background and rationale for passing medical marijuana fails four of the five elements of high quality patient care as: a) safe; b) effective; c) evidence-based; and d) standard practice. These Acts were passed based on compassionate care, not medicinal value. (See How State Laws Explicate Quality Patient Care in the Use of Medical Marijuana in Their Initial Legislative Acts by Stephe F. Gambescia)
It is uncanny that healthcare and public health leaders and organizations in PA are not speaking out against legalizing marijuana when we continue to hear the call to “follow the science.”
Legalizing cannabis will put untold and unnecessary stress on our healthcare, public health (government and nonprofit), education, welfare, law enforcement, workplace, and court systems. The benefits to legalizing cannabis in our states have not come to fruition.
Legalizing Cannabis will become our next public health crisis, on top of the several health behavior problems we have in our states and country with unhealthy intake of tobacco, alcohol, food, vaping, and drugs.
I am a retired law enforcement officer with 36 years of service. Through my experience I can tell you that the primary reason states move to legalize MJ can be stated in one word…REVENUE!!! Like everyone on the legalize MJ issue, politicians like the writer of this article only use data to support their own conclusions. Why? Because they see a way to make money. Money that they want to used to pay for their over spending of tax dollars, but it will end up paying for a hunk of the social ills created by the legalization. The citizenry that are in favor of the legalization fall into two categories. The first are illicit drug users. Make no mistake, if you are using MJ in a place where it isn’t legal then you are a illicit drug user/abuser. The second are liberals who feel people should be able to do whatever they want to do. BS! That’s called chaos. That is a utopian belief of liberals that is a myth. Rules, laws, and governance of behavior is required otherwise without those things we would destroy ourselves in a minute. I suppose there is a third category which would be those who want to take advantage of the legalization to make money. Essentially legal drug dealers. those that want to open legal businesses to grow and sell MJ. The politicians and citizens who want to legalize MJ never use all the data available because if they did they would see that the negative outweighs the positive in legalizing this drug and that doesn’t work for their argument. The politicians want the money.
As I have perused the comments on this article I see that a good number of folks have done some critical thinking and have done their homework and see the negatives. As a LE professional I can tell you for a fact that MJ is a gateway drug. Comparing it with alcohol is apples and oranges. Again, people using only certain data to support their own conclusions. People like the author of this article kid themselves in that they believe that they have a better mousetrap. They feel that they can write legislation to control the use of this drug and everyone wins. Wrong! They base this premise that everyone is a responsible citizen. Wrong! You simply have to take a drive or walk in a city or state where MJ is legal. I live close to Delaware which has legalized MJ. The smell of MJ is almost everywhere. Tell me, when was the last time you went somewhere and you had a overwhelming smell of alcohol? How about at a traffic light? Have you ever smelled alcohol coming from a car waiting at the light with you? Nope! You’ll smell MJ at a DE traffic light especially in and around Wilmington. I was attending a little legal game for a nephew of mine in New Castle DE. The car next to me in the parking lot reeked of MJ. At first I thought it was just the car but then I saw a teenager slouched in the back of car smoking and getting wasted. The best part was his mother and young siblings were at the game and they all got in the car and left after the game. Do you think those young kids in the car were not affected by that drug? Contact high is a real thing. We’re talking kids around 5 to 7 years of age not counting the teenager. How about Mom? Good parenting? Responsible use? There is a false belief that people will use this drug responsibly. They do not in states were its legal. Ask those states if their DUI rate has gone up since legalization? Then ask them what the percentage of those DUI arrests/incidents were MJ related and how many were alcohol related? You can also ask about a whole lot of other social issues exasperated by MJ use. See what kind of answers you get. Two weeks ago I was leaving work and was at my car when a car pulled up with Maryland tags with a young lady in it. She called out to me trying to get directions. I couldn’t hear her so I went to the car and put my head in the passenger side window and was immediately hit with a overwhelming blast of marijuana. Maryland is another state where MJ is legal. Seems she was a contractor for UPS and was delivering packages using her POV and needed directions. I gave her the directions a could see her eyes were glassy and she was high. Would you call that responsible use? What legislation will prevent someone like that form doing what she was doing? Could it have been alcohol instead of MJ? Sure, but it wasn’t was it.
Marijuana should not be legalized. Those that want it legalized are a small minority not a large majority. Hold your politicians accountable and don’t let them bend to a chosen few. Any clinical benefits to this drug simply means that it can be used as a controlled substance by medical doctors. and even in those cases where MJ has been made available for medical use the situations are very few. It should NOT be legalized.