A new law in Pennsylvania protects parents from being able to use their medical marijuana status against them when it comes to child custody disputes.
SB 926 would add a sentence to the state’s child custody laws that states “a party’s legal use of medical cannabis under [state law] Only a few pieces of evidence are needed to decide child custody and to force a person to submit to a test for drugs.
Pennsylvania law considers the “history” of drug and alcohol abuse when it comes to deciding custody issues.
John Kane, a Democrat senator from California, introduced the new proposal on Thursday. It has now been sent to Senate Judiciary Committee. Four other Democratic cosponsors have been listed so far.
Changes would be effective 60 days following the date of passage.
Kane circulated a memo of co-sponsorship among his colleagues in April to gain support for this measure.
The state statute clearly states that the use of medical marijuana “shall by itself not be considered by the court in a child custody proceeding.” However, a father who lost custody after testing positive to THC metabolites revealed a legal gap.
Kane was moved by the testimony of one constituent and set about clarifying existing law. He also wanted to ensure that someone’s medical status could not be used as a justification for a drug-test in a custody dispute.
Kane wrote that “to treat his pain, without having to use addictive opioids,” my constituent had obtained a card for medical marijuana and started using it as a medication for his arthritis. Medical marijuana allowed him to control his pain and maintain his job, while still being a loving father to his daughter, aged three.
He continued by saying that despite following Pennsylvania’s Medical Marijuana Act guidelines, the constituent was in a child custody dispute that threatened his rights as father, and punished him because of his medical marijuana status. The current law “prohibits using medical marijuana to determine custody.”
Kane explained that in the case of his constituent “his medical marijuana use was used against him” to decide child custody.
Reform is being pushed alongside an ambitious campaign in Pennsylvania that aims to legalize adult-use marijuana. Last week, a Republican state senator who is behind the bipartisan bill to legalize marijuana, which was recently introduced, stated that his supporters were “gaining votes” for this reform.
According to Sen. Dan Laughlin, (R), in an interview Wednesday, the growing support of “people rather than vote” is due to the fact that [legalize cannabis] “Rather than increase taxes to balance the budget, a legal market for marijuana would bring in more revenue to the state.”
He said: “We are ignoring that people already use marijuana if it is their choice.” “I believe that it should be legalized and made safe. [and] Put it into a controlled setting that will keep it as far away from children’s hands as possible. The state must have the money.”
Laughlin and Sen. Sharif Street, both Democrats, introduced legislation that would legalize adult cannabis use. Both have been championing the reform for years, but their efforts are always stalled.
In this legislative session, a legalization bill which would have created state run cannabis shops passed the House. However, it was swiftly quashed by a Senate Committee. Several alternative measures are being considered in the state legislature. One of them is the measure by Laughlin & Street.
Rep. Amen Brown (D) has also put forward a House companion version of the legislation, which he said reflects “the strong support of two-thirds of Pennsylvanians across rural, suburban, and urban districts.”
Laughlin said, “The introduction of the House Companion will accomplish two things. It will demonstrate that the House is capable of passing our language and will allow me to meet with governors and Senate leaders and discuss if a higher tax to balance the state budget would be more palatable.”
“I firmly believe that if the House passes our language, that we have a path to get this done,” he said.
Reps. Emily Kinkead (D) and Abby Major (R), meanwhile, filed their own bipartisan cannabis reform proposal last week.
Laughlin and 16 other lawmakers also recently filed a separate bill to create a new regulatory body in the state that would begin overseeing medical cannabis while preparing to eventually handle the adult-use market as well.
Laughlin previewed that measure in May, writing that Pennsylvania should first take steps to make sure the state is “ready to act when legalization becomes law” by establishing a Cannabis Control Board (CCB) now.
Street, who is also one of the original cosponsors of the bill, said recently that he was working with bipartisan and bicameral lawmakers to develop a passable marijuana legalization measure as the legislature approached a budget deadline—telling supporters at the time that “we’re getting close” and they shouldn’t “ease up” on the fight.
He stated that “there are certain basic things which we should have done.” When we pass an adult recreational use bill, we need to ensure that all the people with cannabis convictions from the past are sealed and erased.
Meanwhile, Senate Majority Leader Joe Pittman (R) previewed that marijuana legalization would not be included in the 2026 budget as lawmakers approached the deadline he expected they would miss. Before the deadline passed, Gov. Josh Shapiro(D) expressed the hope that negotiations can be “achieved.”
“We’ve had really good, honest dialogue about it,” the governor, who separately criticized the Senate for abruptly derailing the House marijuana legalization bill, said.
He said, “I think it’s a matter of competition.” West Virginia is the only state that has not done it. You go visit some of these dispensaries along our border—in this case with Maryland, [that] This is most likely the closest dispensary. 60 percent of those who enter these dispensaries hail from Pennsylvania.”
Also, in May, Sen. Marty Flynn (D) announced his intent to file a new bill to legalize marijuana in the state, calling on colleagues to join him on the measure.
Street is “cautiously hopeful” that the House bill Krajewski and Rep. Dan Frankel sponsored along with the House was rejected by a Senate Committee after its rapid passage through the House on party lines. He added, however, that he remains confident they will be able revive and amend the bill to allow us to move forward and get the bill to the Governor’s desk to realize revenue.
Following the Senate committee vote, lawmakers from both chambers who support legalization have been trading criticisms about each other’s roles in the stalled push to end prohibition.
Krajewski, for example, recently wrote in a MEDCAN24 op-ed that Senate Republicans who killed his House-passed cannabis legalization bill are “stuck in their prohibitionist views of the past” and are “out of touch with the will of our Commonwealth.”
Prior to that vote, Pennsylvania’s Republican attorney general said that while he doesn’t currently support the House-passed marijuana legalization bill, he’s open to changing his mind about the policy change after continuing to review the details.
For what it’s worth, a recent poll found that Pennsylvania voters say they favor a model where cannabis is sold by licensed private businesses, rather than through a system of state-run stores.
Governor has repeatedly called for legalization of adult-use marijuana. He has not endorsed a specific state-controlled marijuana model.
GOP lawmaker Major—who is sponsoring another forthcoming legalization bill that envisions a traditional private sales model alongside Democrat Kinkead—said during the House floor debate on HB 1200 that she stands opposed to the competing bill, emphasizing that she disagrees with the state-run stores proposal.
Even though Democrats have control of the House, Governor’s Office and Senate, they still must reach an agreement with Republicans to bring about change. This political dynamic, in conjunction with the divergent perspectives of pro-legalization politicians, is another possible barrier to change.
Regardless of which direction Pennsylvania lawmakers do—or don’t—go on marijuana legalization this session, a survey released in April shows a majority of adults in the state support the reform—and opposition to the policy change has fallen by nearly 50 percent over the last decade.
Kinkead has made the case in another recent interview that legalizing cannabis in Pennsylvania will help the state mitigate public health and safety concerns associated with the illicit market, including the fact that unregulated products can be laced with fentanyl.
The lawmaker previously introduced a separate bipartisan marijuana legalization bill, alongside 15 other cosponsors, last September. However, it did not move forward.
Meanwhile, Laughlin recently called for the creation of a state “legacy” fund, using tax revenue from adult-use marijuana sales and gaming to make long-term investments in the Commonwealth’s economy.
Senators argued the state shouldn’t just use tax money to pay for day-to-day services and projects but should instead set aside some of it for “a source of sustainable prosperity for future generations”.
Another GOP Pennsylvania senator, Sen. Gene Yaw (R), is backing the push to legalize marijuana in the commonwealth, pointing out that, historically, prohibition “has not turned out well,” noting the country’s experience with alcohol criminalization.
Pennsylvania House Speaker Joanna McClinton (D) recently said that Democrats are ready to pass a marijuana legalization bill this session, but that the party “will need Republican support” to get the job done—adding that it will be a “heavy lift.”
Polls indicate that voters are bipartisan in their support of legalization, yet the legislation has stalled repeatedly in the state legislature due to the GOP’s opposition. But not all Republican members are against the policy change—and one recently said she felt her party should seize the “opportunity to snatch” the issue from Democrats.
Separately in March, the Pennsylvania House approved a bill sponsored by Frankel that’s meant to strengthen safety standards and oversight of the state’s medical marijuana program as lawmakers work to advance adult-use legalization.
Pennsylvania’s medical marijuana program has been in place for nearly 10 years. However, legislators say that the bill, now headed to the Senate to be voted on, will improve compliance with testing, audits of products, and laboratory inspections amongst other industry aspects.
Meanwhile, Pennsylvania Democratic lawmakers recently introduced a bill that would allow farmers and other small agriculture operators to sell marijuana they cultivate to existing growers and and processors if the state moves to legalize adult-use cannabis.
Separately, an independent Pennsylvania agency is projecting more tax dollars to be generated from adult-use marijuana sales compared to what the governor’s office has estimated, although it expects significantly less overall revenue from cannabis legalization due to differing views on licensing fees.
Pennsylvania officials launched an online survey asking legal marijuana companies across the nation to submit information about their businesses. The aim is to better help Pennsylvania understand the cannabis business as it considers adult use legalization in this session.
Also, in a video interview released in March, the governor emphasized that the state is “losing out” to others that have already enacted adult-use legalization, while maintaining a policy that’s enriched the illicit market.
“I believe it is an issue of freedom, and I support that.” He said that if people want to smoke they should have the option to do it in a way that is safe and legal. “We should shut down the black market—and, by the way, every state around us is doing it. Pennsylvanians drive to other states, and pay taxes there.
The state’s agriculture secretary separately told lawmakers that he’s fully confident that his department is in a “really good” position to oversee an adult-use marijuana program if lawmakers act.
Meanwhile, in February, top Pennsylvania police and health officials told lawmakers they are prepared to implement marijuana legalization if the legislature moves forward with the reform—and that they stand ready to work together as the details of legislation to achieve it are crafted.
Amid the growing calls for marijuana legalization in Pennsylvania, a GOP state senator said prohibition has been a “disaster,” and a regulated sales model for cannabis—similar to how alcohol and tobacco are handled—could serve as an effective alternative.
A Republican Pennsylvania senator also recently defended the push to legalize and regulate marijuana, calling it “the most conservative stance” on the issue.