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Pennsylvania provides state money for public defense for the first time

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Pennsylvania provides state money for public defense for the first time


Under the new law, counties must supplement the state money with their own funding, which varies drastically across the state. Philadelphia, for example, provides extensive public defense services through the city’s Defender Association, a nonprofit firm that receives most of its funding from the city.

Chief Defender Keisha Hudson told Spotlight PA in April that the Defender Association budget alone is more than $50 million, six times larger than the money the legislature approved to aid counties. The organization’s budget helps employ 500 attorneys, investigators, and social workers.

A county-by-county review by the Legislative Budget and Finance Committee of the General Assembly in 2021 found Philadelphia spends the most money on criminal defense per person, around $30.20 in fiscal year 2019.

The same year, Mifflin County in rural central Pennsylvania spent $3.20 per person.

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The December legislation also directs the new committee to develop educational curricula for public defenders, particularly for capital offense cases, and to collect data that will help the state oversee the quality of counsel being provided on a county level.

The goal is to have the funds distributed thoughtfully, said Hughes, and provide support as data comes in.

It won’t be enough to level the playing field, said Sara Jacobsen, director of the Public Defenders Association of Pennsylvania, who will serve on the committee. Prosecutors have received millions of state dollars for decades, she said.

But the $7.5 million might be able to address technological deficiencies that prevent local offices from measuring their caseloads and ensuring no single attorney has too many cases or all of the most difficult cases, she said.

“There are new national public defender workload standards that are out this year that would help offices say for X number of cases we need Y number of lawyers,” Jacobsen said, “but offices in Pennsylvania can’t even do that calculation if they don’t have basic case management.”

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And though the new funding marks a historic step forward, it does little to move Pennsylvania’s ranking among other states, said David Carroll, executive director of the Sixth Amendment Center, which tracks how states live up to the constitutional promise of free public defense.

“[Pennsylvania’s] indigent defense cost-per-capita figure rises only slightly (from $9.67 to $10.25),” Carroll wrote in an email to Spotlight PA. “For comparison, the national average in 2022 was $19.67.”

Pennsylvania ranks 45th in total indigent defense funding, Carroll said. The states that spend less per capita are Mississippi, Hawaii, Oklahoma, Missouri, and Texas.

Spotlight PA is an independent, nonpartisan, and nonprofit newsroom producing investigative and public-service journalism that holds the powerful to account and drives positive change in Pennsylvania.



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Heading to Pennsylvania? New law will cost you if you text and drive

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Heading to Pennsylvania? New law will cost you if you text and drive


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Traveling from the First State to the Keystone State soon?

If so, you might want to put your cellphone down while you’re in the car unless you don’t mind coughing up a few extra bucks.

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Beginning June 6, drivers caught using an electrical device while driving will be fined $50.

See how the new law works and what devices are legal to use while driving in neighboring Pennsylvania and here in Delaware.

Is it legal to use a cellphone while driving in Pennsylvania?

Pennsylvania law has barred drivers from reading, writing or sending text messages while driving since 2012, but other handheld cellphone uses were permitted.

The new law that takes effect next month expands the ban to all handheld device use while driving.

New law expands cellphone driving ban in PA

The new regulation, dubbed Paul Miller’s Law, defines an interactive mobile device as basically any electronic handheld device that can be used for things such as voice communication, texting, surfing the internet, playing games, taking photos or sharing social media that can be operated using at least one hand or “supporting body part” or requires pressing more than a single button.

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Can I text when stopped at a red light in Pennsylvania?

No, the Pennsylvania law defines driving as operating a motor vehicle on a highway, including anytime the vehicle is temporarily stationary because of traffic, a traffic control device or other momentary delay such as a traffic backup. 

What are the penalties for using a cellphone while driving in PA?

  • Prior to the law going into effect, the penalty is a written warning. 
  • Starting June 6, the penalty is a summary offense with a $50 fine, plus court costs and other fees.
  • The law does not authorize the seizure of an interactive wireless device.
  • The violation carries no points against your license and it is not recorded on the driver’s record for noncommercial drivers. It will be recorded on a commercial driver’s record as a non-sanction violation.
  • If a driver is convicted of homicide by vehicle and driving while distracted, they may be sentenced up to an additional five years in prison.

When can you use a mobile device in the car in Pennsylvania?

  • A driver may use an interactive mobile device if the driver moves the vehicle to the side of or off a highway and halts in a location where the vehicle can safely remain stationary
  • The hands-free law allows for an emergency use exception if it is necessary to communicate with a law enforcement official or other emergency service to prevent injury to persons or property. 
  • The texting ban does not include the use of a GPS device or a system or device that is physically or electronically integrated into the vehicle, or a communications device that is affixed to a mass transit vehicle, bus or school bus.

Who is the new law in PA named for?

Paul Miller Jr., 21,  was killed in a head-on motor vehicle accident with a tractor-trailer in 2010 in Monroe County as the result of a distracted driver who reached for their phone while driving. He was a junior at East Stroudsburg University where he was majoring in sociology. 

After his death, his mother, Eileen Miller, has become a national advocate for stronger laws to curb distracted driving. In 2024, Pennsylvania Gov. Josh Shapiro signed the law prohibiting the use of hand-held devices while driving, making Pennsylvania the 29th state to ban distracted driving. 

Can you use a cellphone while driving in Delaware?

No, it is illegal for drivers to use any hand-held devices while driving in Delaware — and has been for over a decade.  

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This ban not only includes cellphones and smartphones, but also laptops, portable computers and tablets.  

Drivers are also barred from reading, writing or sending text messages or emails; using the internet; or talking without a hands-free device at the ready while operating a vehicle. 

Is there a fine for using a cellphone while driving in Delaware?

Any motorist caught using any hand-held device while driving will be fined $100 for their first offense. Any subsequent offense will result in a fine between $200 and $300.



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Pennsylvania Medical Marijuana And Hemp Regulation Bill Sets The State Up For Broader Recreational Legalization, GOP Senator Says – Marijuana Moment

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Pennsylvania Medical Marijuana And Hemp Regulation Bill Sets The State Up For Broader Recreational Legalization, GOP Senator Says – Marijuana Moment


“This bill does not legalize adult-use cannabis, but eventually we probably will. If we have this board set up ahead of time, they can do it in a professional manner.”

By Ian Karbal, Pennsylvania Capital-Star

A state Senate committee has advanced a bill to create a Cannabis Control Board that would allow more oversight of the existing medical marijuana program. It would also regulate hemp-derived products, which contain intoxicating cannabinoids and are currently sold in head shops and gas stations around the commonwealth.

The bill’s sponsor, Republican Sen. Dan Laughlin (R-Erie), who has advocated for the legalization of recreational marijuana, says it would not legalize adult-use cannabis in Pennsylvania, but he hopes it can serve as a step towards that goal.

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“I think we need the board whether we ever legalize adult-use cannabis,” Laughlin said. “But if and when we do legalize adult-use cannabis, this is kind of laying the foundation for that.”

The bill has the support of cannabis industry groups, and has garnered several co-sponsors who have been hesitant on previous efforts to legalize recreational marijuana. It’s also earned opponents who are in favor of a broader legalization effort.

How would the board work?

Senate Bill 49 would take regulatory authority of the existing medical marijuana program from the state Department of Health and transfer it to a new Cannabis Control Board—sort of like how the Gaming Control Board oversees gambling in the commonwealth.

‘While the Department of Health has worked hard within its authority, it was never designed to manage a rapidly growing industry, resulting in a program bogged down by slow responses, inconsistent oversight and a lack of clarity—frustrating patients and legitimate businesses,” Laughlin said in a statement.

The new board, he said, would be able to move more quickly and to make decisions affecting the program without always requiring the approval of the legislature.

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“The goal is obviously, if we create this board ahead of time, we can run all things cannabis in Pennsylvania in a professional manner,” Laughlin said. “And if you have a board that is set up, and they are allowed to promulgate regulations, we won’t have to pass a separate bill every time something pops up.”

The panel would also take on the regulation of hemp-derived products like delta-8 THC and other intoxicating cannabinoids.

These products, which are available for sale at stores around Pennsylvania, proliferated after the 2018 federal Farm Bill redefined hemp in an attempt to allow farmers to more easily grow the crop, even when it contains trace amounts of delta-9 THC, the intoxicating substance in marijuana.

But the legal change also opened a loophole, allowing people to process those hemp plants into products with other intoxicating compounds derived from it, like delta-8 THC.

The items are now commonly found in stores across the state, face virtually no regulatory oversight, and are generally not evaluated by the U.S. Food and Drug Administration (FDA).

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The FDA has warned that the proliferation of the products has led to an uptick in calls to poison control centers and reports of so-called adverse events. The agency says the products can be mislabeled or contain potentially harmful chemicals.

And Laughlin says, in some cases, they’re sold to young Pennsylvanians without ID requirements.

The effort to create a cannabis control board in Pennsylvania has earned praise from the pro-cannabis lobbying group, Responsible PA, which represents many cannabis businesses like dispensaries operating under Pennsylvania’s medical program. Their clients’ products face significantly more regulation than over-the-counter hemp-derived products.

“I would say this is a step forward,” said Monica McCafferty, a Responsible PA spokesperson. “We know that about 70 percent of Pennsylvanians do want adult-use legalization, so we as an advocate group are focused on that, but Senate Bill 49 is a step forward.”

She praised the effort to regulate hemp-derived products and also called it a move in the right direction, “in terms of keeping the conversation going and ultimately getting to a place where we have comprehensive cannabis regulation.”

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Some sellers of medical cannabis have also embraced the effort.

“While licensed marijuana operators adhere to some of the nation’s strictest safety and testing protocols, 87 percent of Pennsylvanians are unaware that hemp-derived products are not currently held to those same requirements,” said Marcus Peter, the vice president of external affairs for Terrapin, a company that was among the earliest recipients of a marijuana grower/processor licenses through Pennsylvania’s medical program. “By establishing a Cannabis Control Board, we can ensure that every operator—regardless of the product’s origin—meets the same high bar for consumer safety and lab-tested quality.”

Notably, the federal definition of hemp is set to change again in November in an attempt to close what’s known as the “hemp loophole.” The change in law will severely restrict the amount of THC that hemp-derived products sold in stores can contain, and ban synthetic cannabinoids altogether.

Will it lead to legalization?

While Laughlin has stressed that his bill would not legalize recreational cannabis in Pennsylvania, he told reporters that he hopes it will be “a step that’s needed to make that happen.”

“This bill does not legalize adult-use cannabis, but eventually we probably will,” he added. “If we have this board set up ahead of time, they can do it in a professional manner.”

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Laughlin has long been a supporter of legalizing cannabis since a time, he said, the stance was “cutting edge” for a Republican.

As it stands, the Republican-controlled Senate remains the largest obstacle to legalizing recreational cannabis.

Gov. Josh Shapiro (D), for his part, has included legalizing cannabis in each of his annual budget proposals since taking office. House Democrats have also expressed support for legalization, and passed a bill to that end last year, which died in the Senate.

But Laughlin is hopeful that times are changing. More Republicans, he said, have expressed openness to legalizing cannabis for recreational use in recent months and years. That’s been especially true since the Trump administration took steps to reclassify cannabis from a Schedule I to Schedule III substance, which acknowledges potential medical benefits and clears the way for more research on its effects.

“Some of our more conservative members are watching the president kind of wade into this, if you will. And times are changing pretty rapidly,” he said.

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It’s unclear what practical effects, if any, rescheduling could have in marijuana-related criminal cases, the existing medical market, or how the substance is treated in the commonwealth.

Sen. President Pro Tempore Kim Ward (R-Westmoreland) is one of the bill’s co-sponsors. As Senate president, she plays a key role in deciding which committees bills are sent to, and whether they receive a floor vote in the chamber. In the past, she’s expressed hesitance about efforts to legalize recreational marijuana for adults in Pennsylvania.

A spokesperson for Ward did not respond to questions from the Capital-Star about her support of the bill or where she stands on recreational legalization.

On the other hand, Laughlin’s bill was opposed by all Democrats on the Senate Law & Justice Committee, where it received a 6-5 vote Monday. Sen. Dawn Keefer (R-York) joined every Democrat on the panel in opposing it.

A spokesperson for Senate Democrats said the caucus is in favor of full legalization, but opposes what they see as a stop-gap measure, especially as key figures in the Republican party continue to oppose recreational cannabis.

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Their statement cited a recent comment from Republican gubernatorial candidate Stacey Garrity, who told a Philadelphia NBC station, “I don’t support legalizing recreational marijuana… [The legislature is] never going to pass it, not as long as Senate Republicans are in control of the Senate.”

“Senate Democrats have long championed legalizing recreational marijuana as the right and smart move for the Commonwealth,” the spokesperson said. “SB 49 does not move us closer to this goal. Senate Democrats are committed to ensuring that cannabis products are safe and regulated, but SB 49 does not meet our standards.

“Perhaps most importantly, the Republican candidate for Governor made it clear that Senate Republicans are not interested in legalizing adult-use recreational cannabis,” they said. “Pennsylvania is leaving money on the table by entertaining distractions about a regulatory board in the absence of a conversation about legalizing adult-use marijuana.”

A spokesperson for Shapiro did not respond to questions about whether the governor supports the effort.

All of Pennsylvania’s neighboring states, save West Virginia, have legalized recreational marijuana. The Independent Fiscal Office has estimated that regulated recreational marijuana could bring in $140 million in the 2026-2027 fiscal year, which would grow to over $430 million annually by 2031.

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Laughlin said he thinks the Cannabis Control Board bill has a “very good chance” of receiving a full Senate vote in June.

This story was first published by Pennsylvania Capital-Star.

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.



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Neighbors welcome man home to Downingtown, Pennsylvania, after months in ICE detention

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Neighbors welcome man home to Downingtown, Pennsylvania, after months in ICE detention


A Chester County, Pennsylvania, man is back home with his family after spending more than eight months in ICE detention.

Supporters of Carlos Della Valle spent months rallying and writing letters to immigration officials, urging them to release him. Now the Downingtown resident is sharing what it feels like to finally be home and why uncertainty still hangs over his future.

“I couldn’t be happier,” Carlos Della Valle said about being home. “You know, it’s so many months and it just didn’t seem like it was going to happen.”

Supporters lined the street outside his Downingtown home on Wednesday, cheering as he returned from a detention center in Louisiana. The 49-year-old said it still feels surreal to be back in Chester County after 258 days in ICE custody.

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Della Valle, whose wife and son are U.S. citizens, has lived in Chester County for nearly 30 years. He said he came to the United States from Guerrero, Mexico, at age 20 after fleeing cartel violence.

“I was afraid for my life,” he said.

At age 21, Della Valle said, he was detained and sent back to the Mexican border, but he was never formally deported.

During a trial in August 2025, a jury acquitted him of illegally re-entering the country. Despite the verdict, he was taken into ICE custody because he does not have legal status in the United States.

Carlos Della Valle was released from ICE custody last week but said he still worries about what comes next.

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“They tried to deport me twice, so what’s to stop that from happening again?” he said.

Carlos Della Valle said he now has weekly check-ins with ICE and is working with an attorney to get a work permit so he can return to his job as a plant manager at a small adhesive company.

His wife, Angela Della Valle, said the family’s experience pushed her to become more involved in immigration reform efforts.

“The Dignity Act that’s been authored by Congresswoman Maria Salazar is a very, very powerful piece of legislation,” Angela Della Valle said. “It would allow Carlos to stay since he’s linked to a U.S. citizen wife. It would allow him to work.”

For now, Angela Della Valle said she’s focused on appreciating the moments they missed during his time in detention.

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“It’s amazing being together again and even more powerful to be able to come back together home,” Angela Della Valle said.

Since returning home, Carlos Della Valle said he has been reconnecting with friends and recently attended a Phillies game with his family.

“We loved being there,” he said.

Central Presbyterian Church in Downingtown is hosting a “Welcome Home Carlos” open house Saturday night to celebrate Carlos Della Valle’s release.

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