A former Pottsville native said he is going to call for the decriminalization of 29 grams, or about one ounce, of marijuana in Pottsville at the April 11 city council meeting.
“I will be proposing a city ordinance to decriminalize possession of marijuana in the city limits of Pottsville,” Vince Mercuri, California, said Monday.
He said he does not want to “promote or condone public smoking (of marijuana)” but wants to help those who could benefit from medical marijuana. There could be a fine for smoking in public, he said.
“This ordinance is to protect the people using it for medicinal value. It’s not to start a recreational use in the city. They should not worry about getting arrested when worrying about their health,” Mercuri said.
Mercuri said he spoke to city council members and they are interested in learning more about medical marijuana.
“They want to hear more. That is why they want me in front of council,” Mercuri said.
He was in the area lobbying for medical marijuana, which he said helped ease the inflammation in his shoulder. He obtained the marijuana legally in California. In talking to the public in the county, he has encountered little opposition, he said.
“I personally believe the city will open its eyes and educate itself,” he said.
Lisa Kral, city clerk, said Monday the agenda has not been prepared yet, but that Mercuri will be on it.
Pottsville Mayor James T. Muldowney said Monday he has spoken to Mercuri about medical marijuana in California. He said there will be no action taken at the 6 p.m. city council meeting April 11.
City Administrator Tom Palamar said Mercuri will speak at the city council meeting.
“It will be interesting to see what he has to say,” Palamar said Tuesday.
He did not want to speak for the council, but said “they will listen and listen carefully.” The issue of medical marijuana is one that people are talking about.
“It’s being more and more of a public issue and more and more of a public concern,” Palamar said.
Philadelphia and Pittsburgh previously voted to decriminalize small amounts of marijuana. The National Conference of State Legislatures said that 23 states, Guam and the District of Columbia allow for medical marijuana. It is listed as a schedule I drug. Those drugs in the first classification have the highest potential for abuse, according to the Drug Enforcement Agency.
The state House has taken steps at passage of a medical marijuana bill. Senate Bill 3 passed the House March 16 by a vote of 149 to 43.
Rep. Jerry Knowles, R-124, voted “no.” Both Rep. Mike Tobash, R-125, and Rep. Neal Goodman, D-123, voted “yes.” The Senate passed the bill May 12 by a vote of 40 to 7. Sen. David Argall, R-29, voted “yes.”
The bill is in the rules and executive nominations committee in the Senate, which is scheduled to meet Monday to mull the changes made by the House.
A vote has not yet been scheduled. Argall said he does not believe a vote will take place Monday.
Argall said he is hopeful the bill can be on the desk of Gov. Tom Wolf to sign “within the next two weeks.”
He said he voted for the bill because constituents have come to him saying it could help their children.
“I had a number of constituents who approached me and asked me to vote for this. It is only for medical purposes. We are not talking about the legalization of marijuana. The House and Senate versions are a bit different so the sponsors of the bill as led by Senator (Mike) Fulmer from Lebanon County are now going through the bill line by line and word by word to try to fine tune it. And then I think the Senate will be looking at some additional amendments, but we are all hopeful the bill can be agreed to and send to the governor in the near future,” Argall said.
He said the support of bill as evidenced by the votes is “pretty overwhelming. There is certainly strong public support for the medical use of marijuana.”
Knowles spoke about the bill on the House floor recently. He empathizes with those suffering. He said the change should be done by the FDA.
“It (medical marijuana) is against federal law,” he said.
He believes that marijuana is addictive.
“Make no mistake about it. This is a dangerous drug,” Knowles said.
Goodman said he supports the use of medical marijuana.
“We should not stand in the way if a doctor believes medical marijuana can treat ailments and help ease patient’s suffering. Under this legislation, the use of medical marijuana will be tightly regulated, and I support those controls. I do not support permitting recreational use of marijuana. We are not Colorado or Washington,” Goodman said in a statement.
Tobash said in a statement that he has heard from people who have benefited from medical marijuana.
“The evidence is clear that cancer and seizure patients stand to benefit greatly,” he said.
Tobash said he is concerned about any potential misuse.
“My fear with the legalization of marijuana for medical purposes is that there exists the potential for more widespread drug use and addiction. I am in no way a proponent for legalizing marijuana for recreational use as some other states have done,” Tobash said.
Still, he said the idea has merit.
“Legalizing medical marijuana for me is not for a money grab. It is not for expanding or relaxing our drug laws. It is simply to allow a decision to be made between a patient and a doctor. If I or a family member or friend became ill, it is my hope that any safe treatment could be applied for a cure. I hope that exists for me and every citizen or Pennsylvania. If my doctor gives me advice, I hope I have the option to accept that advice,” Tobash said.
The bill spells outs how the marijuana can be prescribed, who can have access to it in regards to certain medical conditions, penalties and establishes a medical marijuana research program, among other things.
As of now, marijuana would be available by patients who are residents of the state who have a serious medical condition or are who are terminally ill and meet the requirements for medical marijuana.
Serious medical conditions are defined as cancer, positive for HIV or AIDS, Amyotrophic Lateral Sclerosis, Parkinson’s Disease, multiple sclerosis, epilepsy, glaucoma, seizures and other disorders.
According to the Senate bill, the medical marijuana is in pill, oil, topical form, such forms as vaporization or nebulization, tincture or liquid. Those who qualify will be issued a “certification to use medical marijuana.” An identification card would be issued after guidelines are met. Smoking medical marijuana would be prohibited. Growing it would also be illegal unless it has been approved to do so. Before authorizing the use of medical marijuana, the practitioner must adhere to the law. Violations of the law that are deemed intentional or reckless as determined by the state Department of Health can result in the suspension or revocation of the identification card of the patient or caregiver (a person designated by a patient or if a minor a parent or legal guardian, someone designated by the aforementioned or an approved individual by the state DOH) along with other criminal or other penalties. A patient or caregiver could get a maximum of a 30-day supply from a dispensary.
Mercuri said he is glad the bill has progressed.
“It’s great that they are taking the initiative to put logic in front of government right now,” he said.
He was optimistic for the chance for Senate Bill 3.
“It’s going to pass this year,” he said.
He said medical marijuana is a “great gift” that people can benefit from. He does not believe it is a gateway drug that can result in the person experimenting with other drugs, including heroin.
“There is no doubt medical marijuana has a medicinal value,” he said.
Schuylkill County Coroner Dr. David J. Moylan III said legislators should not be regulating medical marijuana.
“I think state legislators should not determine what is safe,” he said, adding that is the role of the FDA.
He said there are “adequate drugs” to control symptoms such as nausea. Moylan said there are “some pediatric seizure disorders that may benefit” from the use of medical marijuana but the data is not sufficient yet.
Muldowney said he did not know a lot about Senate Bill 3 but said “if it will help, certainly I will support that,” about the use of medical marijuana.