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Pennsylvania GOP lawmaker proposes medical marijuana tax

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FILE – In this June 27, 2017, file photo, an owner of a medical marijuana dispensary in Los Angeles prepares his monthly tax payment. In Pennsylvania, Republican State Representative Greg Rothman has proposed legislation to tax medical marijuana. (AP Photo/Jae C. Hong,File)

Republican State Representative Greg Rothman of Cumberland County has proposed a 6 percent tax on medical marijuana, a move he says will help to pay down Pennsylvania’s $1.5 billion deficit.

Medical marijuana is legal in at least 29 states, some of which tax the product. Rothman says, those states have seen windfalls from medical marijuana taxes.

The proposal has drawn criticism from at least one other state Republican. State Senator Mike Folmer of Lebanon County opposes the sales tax, noting that companies that grow the product already pay a 5 percent wholesale tax.

Folmer, who helped to craft Pennsylvania’s medical marijuana program, says the tax could make medical cannabis harder to afford for some patients. “In Pennsylvania we’re not taxing Oxycontin, Percocet and Vicodin, which is causing our greatest opiate epidemic of all times. People that really need this medicine as an alternative medication are going to be having a hard enough time to afford it.”

Exactly what medical marijuana will cost remains to be seen. Pennsylvania Department of Health spokeswoman April Hutcheson says, the state has established a “market-based program,” which will allow the industry to set pricing, though there are provisions for the Department of Health to step in if the prices were to get too high.

Rothman says, he hopes the measure will get more people talking about Pennsylvania’s tax code. He says, “necessesities” like food, clothing and medicine shouldn’t be taxed. However, he challenges the assertion that medical cannabis is a medicine. “I asked why we couldn’t tax it, and I was told we can’t tax it becuase it’s medicine. But who defines it as medicine? The federal government hasn’t. They still define it…as a Schedule II drug.”

Rothman’s plan also would also add an 11.5 percent tax on recreational marijuana sales, if it were to be legalized in the state.

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Pennsylvania state Sen. Mike Folmer, R-Lebanon, speaks at a Capitol news conference to announce the launch of Pennsylvania’s patient and caregiver registry in its forthcoming medical marijuana program, Wednesday, Nov. 1, 2017 in Harrisburg, Pa. Folmer was one of the architects of the 2016 law. (AP Photo/Marc Levy)


Brett Sholtis
Brett Sholtis

Brett Sholtis was a health reporter for WITF/Transforming Health until early 2023. Sholtis is the 2021-2022 Reveal Benjamin von Sternenfels Rosenthal Grantee for Mental Health Investigative Journalism with the Rosalynn Carter Fellowships for Mental Health Journalism. His award-winning work on problem areas in mental health policy and policing helped to get a woman moved from a county jail to a psychiatric facility. Sholtis is a University of Pittsburgh graduate and a Pennsylvania Army National Guard Kosovo campaign veteran.

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