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Federal law makes recreational marijuana a complicated ask in Pennsylvania

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Federal law makes recreational marijuana a complicated ask in Pennsylvania


(The Middle Sq.) – The Pennsylvania Common Meeting has spent a variety of time in committee conferences discussing whether or not to legalize leisure marijuana, however federal holdups might matter greater than state-level motion.

Even when state politicians strike a deal to approve leisure use, federal prohibition – and the danger that follows – causes hassle for marijuana-related companies and personal residents.

Although Pennsylvania’s medical marijuana program has existed since 2016, its operation relies upon, to a sure extent, on federal legislation enforcement declining to prosecute customers.

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One problem that complicates legalization pertains to the Second Modification. The Division of Justice continues to argue in federal courtroom that medical marijuana sufferers needs to be barred from proudly owning weapons as a result of it’s “​​harmful to belief common marijuana customers to train sound judgment,” as a current submitting in Florida demonstrated.

Gun house owners who use marijuana, for medical or leisure functions, are liable to federal prosecution. As the legislation stands, possessing a medical marijuana card makes it illegal for Pennsylvanians to use for a license-to-carry firearm.

Past the Second Modification, banking and insurance coverage points linger. 

Marijuana-related companies can not entry the banking system as a result of danger of federal penalties. The issue is severe sufficient that the Nationwide Convention of State Legislatures introduced a coverage change to assist hashish banking reform. Whereas the Common Meeting has seen some proposed payments to broaden banking and insurance coverage entry for hashish companies, state legislation doesn’t supersede federal legislation.

Impaired driving and employee security have additionally been roadblocks. Sen. Judy Ward, R-Hollidaysburg, has warned of the dangers within the office with impaired workers working heavy equipment, as The Middle Sq. beforehand reported. 

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State legislation classifies any driver as impaired with any hint of hashish of their system, although marijuana customers can take a look at optimistic days after smoking or ingesting a substance. In June, a invoice was launched within the Common Meeting to alter the legislation, but it surely awaits motion within the Senate Transportation Committee.

Regardless of the lingering issues, state political leaders have expressed assist for legalization.

Gov. Tom Wolf helps legalizing leisure marijuana. “You wish to #LegalizeIt. I’ve mentioned I’ll signal it into legislation,” Wolf tweeted in August. “However first, we’d like the legislature to get a invoice to my desk.”

Like Wolf, Democratic gubernatorial nominee Josh Shapiro additionally supports legalizing marijuana. Nonetheless, Republican nominee Doug Mastriano has called it “a silly concept.”

Not all Republicans oppose leisure legalization.

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Sen. Mike Regan, R-Dillsburg, has been a vocal proponent of legalization. “Within the easiest of phrases, our decisions are between secure or unsafe; examined or untested; age managed or obtainable to all; and tax income or felony acquire,” Regan, who chairs the Senate Regulation & Justice Committee, wrote in an op-ed. “And that’s the reason I’ve come to my present perception that we should legalize adult-use marijuana, also referred to as hashish – to guard our communities.”

Federal marijuana legalization would simplify some points on the state degree. A federal invoice to take action has been proposed by Sen. Chuck Schumer, D-NY, but it surely’s unlikely to cross within the present session.

Regardless of the challenges, a major majority of Pennsylvanians assist legalization for leisure use. 

The potential tax revenues have attracted the eye of Republican legislators. Some estimates predict the commonwealth may see $5 billion or $6 billion yearly if it have been to legalize marijuana. Public assist and the financial potential might spur the Common Meeting into motion regardless of the dangers and issues that stay. 

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Pennsylvania

Pennsylvania Supreme Court orders election officials to stop counting ballots with date errors

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Pennsylvania Supreme Court orders election officials to stop counting ballots with date errors


The Pennsylvania Supreme Court on Monday ordered election officials in the state to stop counting mail-in ballots marked with the wrong date or missing dates from their outer envelopes.

The court order specifies that Bucks, Montgomery and Philadelphia counties, where Republicans argue that officials have opted to count mail-in ballots with errors on their outer envelopes, must adhere to the high court’s earlier rulings, which said undated or misdated mail-in ballots should not be counted.

The directive is a courtroom victory for Republican Dave McCormick, who holds a narrow lead over Democratic Sen. Bob Casey in a razor-thin Senate race that is headed to a recount this week.

Elizabeth Gregory, a spokesperson for McCormick’s campaign, called the ruling “a massive setback to Casey’s attempt to count illegal ballots” in a post on X, adding that McCormick “looks forward to taking the Oath of Office in January.”

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Tiernan Donohue, a campaign manager for Casey, characterized the litigation in a statement Monday as part of an effort by McCormick and other Republicans to disenfranchise Pennsylvania voters.

“David McCormick and the national Republicans are working to throw out provisional ballots cast by eligible Pennsylvania voters and accepted by county boards. It is wrong and we will fight it,” Donohue said.

McCormick declared victory Friday after The Associated Press projected him the winner. NBC News has not yet projected a winner in the race, which remains too close to call. McCormick leads Casey by 17,408 votes with 99.7% of the vote in and 24,000 ballots still to be counted.

Pennsylvania rules trigger a recount of ballots when the margin is less than 0.5 percentage points. The recount, set to begin this week, must be completed by noon Nov. 26.

The Republican National Committee and the Republican Party of Pennsylvania had filed the petition seeking a court order, singling out election boards led by Democrats in Bucks, Montgomery and Philadelphia counties that had previously voted to tabulate ballots lacking correct dates.

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The counties had decided to count those ballots under the reasoning that an incorrect date did not indicate that a voter was ineligible, nor did it suggest that the ballot was illegitimate.



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Pa. Supreme Court again rules that Philly and other counties cannot count undated mail ballots

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Pa. Supreme Court again rules that Philly and other counties cannot count undated mail ballots


The Pennsylvania Supreme Court on Monday issued a ruling reiterating its previous stance that undated or misdated mail ballots should not be counted in the 2024 election, dealing a blow to Democratic U.S. Sen. Bob Casey’s hopes that a recount and litigation will help him overcome his more than 15,000-vote deficit to Republican Dave McCormick.

The 4-3 ruling, which was requested by the Republican Party and opposed by Casey’s campaign, followed moves by elections officials in Democratic-controlled counties — including Philadelphia, Bucks, and Montgomery — to have the ballots counted despite the high court instructing them to exclude those votes earlier in the year. The ruling applies to all counties.

» READ MORE: Undated mail ballots won’t be counted in next week’s election, Pa. Supreme Court rules

Democrats in those counties and elsewhere have pushed to include mail ballots with defects related to the dates voters are required to write on them because the dates are not used by election administrators to determine whether ballots are legitimate. Instead, they only count ballots that are received between when the ballots are distributed and Election Day, making it impossible for a vote to be counted outside of that timeframe regardless of what date a voter writes on the ballot.

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Republicans have argued that those votes must be excluded from the count because state law requires voters to date their mail ballots. McCormick’s campaign joined the GOP lawsuit after it was filed.

While the ruling settles how these types of ballots are handled this year, the longer legal battle may not be over because the court has not yet weighed in on the underlying question of whether rejecting undated ballots on what Democrats describe as a technicality constitutes a violation of rights guaranteed to voters by the state constitution.

In a ruling issued shortly before Election Day, the Pennsylvania Commonwealth Court found that it did, though that case centered on a special election held in Philadelphia earlier this year. The state Supreme Court stayed the lower court’s decision before Election Day, deciding at the time that it was too close to the Nov. 5 vote for any last-minute changes to rules surrounding which votes should be counted.

Democratic Justices David Wecht and Kevin Dougherty were joined by Republican Justices Kevin Brobson and Sallie Updyke Mundy in the majority decision Monday. Democratic Justices Debra Todd, Christine Donohue, and Daniel McCaffery dissented.

The total number of ballots in question is likely well under 10,000 and would not be enough to erase Casey’s deficit alone. But the three-term incumbent is also in legal fights with McCormick’s team over how various counties have handled certain categories of provisional ballots across the state.

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The Associated Press has called the race for McCormick, but Casey has declined to concede.

Casey campaign manager Tiernan Donohue said Monday that the Democrat wants to ensure all legitimate votes are counted and is being opposed by McCormick’s campaign efforts to “disenfranchise” Pennsylvanians.

“Senator Casey is fighting to ensure Pennsylvanians’ voices are heard and to protect their right to participate in our democracy – just like he has done throughout his entire career,” Casey campaign manager Tiernan Donohue said. “Meanwhile, David McCormick and the national Republicans are working to throw out provisional ballots cast by eligible Pennsylvania voters and accepted by county boards.

McCormick spokesperson Elizabeth Gregory cast the ruling as a “massive setback to Senator Casey’s attempt to count illegal ballots.”

“Bucks County and others blatantly violated the law in an effort to help Senator Casey,” Gregory said. “Senator-elect McCormick is very pleased with this ruling and looks forward to taking the Oath of Office in a few short weeks.”

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Staff writer Jeremy Roebuck, Gillian McGoldrick, Katie Bernard, and Fallon Roth contributed to this article.



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Christkindlmarkt opens for holiday season in Bethlehem, Pa.

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Christkindlmarkt opens for holiday season in Bethlehem, Pa.


Christkindlmarkt is open every weekend up to Christmas.

Monday, November 18, 2024 1:56PM

Christkindlmarkt is open every weekend up to Christmas.

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BETHLEHEM, Pennsylvania (WPVI) — Christmas City is ready for the season.

Christkindlmarkt in Bethlehem, Pennsylvania, had a strong turnout during its opening weekend.

The holiday market features nearly 200 vendors.

Shoppers browsed through Käthe Wohlfahrt to pick out handmade ornaments from Germany, as well as look for gifts at various booths, like Casa De Jorge Salsa and Grandpa Joe’s Candy Shop.

Christkindlmarkt is open every weekend up to Christmas.

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