The latest marijuana legalization measure has been introduced into the Pennsylvania legislature by a Democratic Pennsylvania House member. This is a companion to the proposal unveiled last weekend by bipartisan Senators.
Amen Brown, (D), a representative from Pennsylvania, circulated on Monday a memo describing his reform legislation. He said that the proposal reflects “the support of more than two thirds of Pennsylvanians in rural, suburban and urban districts.”
“While Pennsylvania made important strides to legalize medical marijuana, legalizing adult-use marijuana would give more access to patients who are in need of marijuana and may not be eligible under the current medical marijuana requirements,” said he. The legalization of marijuana also strengthens the state’s infrastructure for both adult and medical use, making it possible to operate in a safe and efficient manner.
Brown revealed last week his intent to submit a companion-version of a Senate measure sponsored by Sens. Dan Laughlin and Sharif Street have been champions of legalization for many years in New York.
Earlier in the session, the House approved a bill that legalized marijuana with provisions controversially allowing for government-run stores. However, a Senate Committee ultimately rejected this measure.
Brown stated in the memo that legalizing marijuana allows the state to control the industry and ensures products are checked for purity, safety, and potency. This approach protects both consumers and the black market where there are no safety standards.
This would stop the criminalization and stigmatization of marijuana use, in particular for communities of color who have suffered disproportionately from marijuana arrests. We reduce the legal and judicial burden by removing penalties associated with adult use and possession. “We can offer individuals with prior possession convictions a way to have their records expunged, which will give them an equal chance for employment and social participation.”
According to the legislator, “Legalizing cannabis presents an unparalleled economic opportunity for Pennsylvania.” As states such as Colorado and Illinois demonstrate, legal marijuana markets create revenue, thousands of new jobs, and support business.
Pennsylvania, he said, is “surrounded” by states who have already legalized the adult-use of marijuana. These include New Jersey and New York as well as Delaware, Connecticut, Ohio and Maryland.
Legalization has increased the economy of these states and also eased pressure on law enforcement. It is important that Pennsylvania follow suit, as these neighboring state continue to reap the benefits of legalization. This will help Pennsylvania remain competitive while preventing the loss of economic opportunity and tax revenues across state borders.
It is important to consider carefully the tax structure on adult-use cannabis. “Taxing adult-use cannabis at 26 percent is likely to continue driving individuals to the illegal market, as well as surrounding states that have more competitive prices,” said he. He was referring to the governor’s legalization proposal which wasn’t ultimately included in the biennial state budget. Taxes that are too burdensome will undermine the ability of legal markets to compete. They may also encourage customers to move away from illegal sources.
In a cosponsorship letter from February 2010, the Senate sponsors outlined their basic proposal. All four senators who support this measure are Democrats.
Brown’s memo and bill filing comes days after Reps. Emily Kinkead (D) and Abby Major (R)—alongside eight other cosponsors—introduced their own adult-use legalization measure. The pair have previously championed other proposals to end prohibition.
Kinkead stated in a release that “by failing to legalize Pennsylvania, it is sending millions of needed revenues to other States and failing to deal with generations of injustices done in communities due to the criminalization recreational cannabis.” The bipartisan legislation reflects the overwhelming support of Pennsylvanians to legalize cannabis.
Major added that “Representative Kinkead and I have worked diligently to craft a piece of legislation that we believe both parties can get behind using lessons learned from the other 24 states that have already done so.”
“Anyone who is concerned about personal liberty, fiscal responsibility and the future of Pennsylvania should support legalizing adult-use cannabis”, she stated.
Separately, Laughlin and 16 other lawmakers 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 the 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.
“There’s some things that we have to do,” he stated. We need to seal the criminal records of those who have had previous cannabis convictions when we pass the recreational adult use bill.
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, a Democrat from New York City, expressed hope that the negotiators could “get things done.”
“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.
“Look, this is a question of competitiveness,” said he. West Virginia was the exception. “Every other state has done this, except for West Virginia.” You go visit some of these dispensaries along our border—in this case with Maryland, [that] This is most likely the closest dispensary. “Sixty-five percent of people who walk into these dispensaries come 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.
He has called on the legalization of marijuana for adults. The governor has not, however, supported the idea of a state controlled 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.
To effect change, Democrats will need to work with the GOP controlled Senate even though they control the House of Representatives and the Governor’s office. 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. The bill did not progress, though.
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.
The Senator said that, instead of using the tax money to pay for day-to-day services and projects, the State should 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.”
The reform is stalling in part because of GOP 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 cannabis program, which was implemented nearly a decade earlier, has now been sent to the Senate. Lawmakers say it is needed to improve the testing compliance, the product audits, the lab inspections, as well as other aspects of this industry.
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 also have launched a survey inviting legal marijuana businesses in the United States to share information on their business operations. This will help Pennsylvania better understand the cannabis market as legislators consider adult-use legalization during this legislative session.
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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 think this is a matter of liberty and freedom. “I mean, people should be allowed to smoke in a legal and safe way,” said he. “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.
Max Pixel provided the photo.
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