Senators from both parties in Pennsylvania have proposed a bill that will create a new state regulatory agency to oversee medical cannabis and prepare for the eventual adult use market.
Dan Laughlin is the Republican sponsor of this 52-page piece of legislation, along with other 16 lawmakers from both sides. The legislation would not legalize cannabis for adult use, as its lead sponsor had hoped. However, it could establish the regulatory infrastructure to supervise such a program.
Laughlin has previously sponsored bills for legalization. He previewed this new measure back in May. In his article, he wrote that Pennsylvania needs to take immediate steps in order to be “ready to respond when legalization takes effect” and establish a Cannabis Control Board.
The legalization of cannabis for adult use in Pennsylvania has become a question of when, not if. “When that day arrives, Pennsylvania should not have to scramble to create a regulatory framework from scratch”, he added. “A transparent and efficient framework must be already in place to ensure a well-regulated, safe cannabis industry right from the start.”
He said at the time that the proposed legislation would include a board that was responsible for the regulation of hemp markets. However, the wording of the bill is ambiguous on this component of cannabis.
A co-sponsorship note from the Senator stated that the bill he sponsored would “transfer the regulatory control of Medical Marijuana to the CCB in order to ensure continuity, efficiency and better oversight of Medical Cannabis businesses and Patient Access.” The bill would also “establish uniform standards of safety to protect the public from potentially dangerous products and untested goods.”
It also does not mention adult-use or recreational marijuana in the bill, nor would it legalize on its own. However, the bill’s description implies that its sponsors think the Pennsylvania Department of Health regulatory framework should be changed to one that is more appropriate to monitor an adult market in the event that lawmakers end prohibition.
The memo states that “by consolidating the oversight under one regulatory board we can eliminate inconsistent practices, increase transparency and provide the necessary structure to manage the industry responsibly.”
In the majority of this bill, the process for establishing the CCB is described. This includes information about selection criteria as well as other procedural details. This section lists the different powers of the CCB, which include the members’ abilities to carry out investigations, issue regulations, consult other departments, etc.
Meanwhile, Sen. Shariff Street (D), one of the original cosponsors of the new bill, said last week that he was working with bipartisan and bicameral lawmakers to develop a passable marijuana legalization measure as the legislature approached Monday’s 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.” We need to seal the criminal records of those who have had previous cannabis convictions when we pass the recreational adult use bill.
Street thanked his bipartisan colleagues in the House—including Reps. Emily Kinkead (D), Abby Major (R) and Amen Brown (D), who have championed their own legalization proposals—for working with the Senate “in a collaborative way.”
“We have a good core group of us who’ve been working to move this bill—to move this concept forward—and I think we’re gonna get it done,” he said. Your voices are needed to keep us engaged. “We need to remain involved.”
Meanwhile, Senate Majority Leader Joe Pittman (R) recently said marijuana legalization would not be included in the 2026 budget as lawmakers approached the deadline he expected they would miss. However, Gov. Josh Shapiro, a Democrat from New York City, still holds out the hope that negotiations can be “done.”
There appears to be a deadlock in the legislature over certain important issues. One of these is the governor’s call to legislate adult-use marijuana. Pittman has said, however, that he cannot see how the reform can be accomplished on this timetable.
Shapiro on the other had not quite given up. At a recent press conference, he said that, in order to come to a compromise, we “all understand” the need to make concessions on several issues.
Pittman, on his own, criticised House legislators for passing a bill legalizing marijuana that involved state-run stores. A Senate committee quickly rejected the legislation.
Following that defeat, the governor said he still remained “hopeful” that lawmakers could deliver a reform bill to his desk by a budget deadline at the end of last month—and he urged the GOP-controlled Senate to “put their ideas on the table.”
“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] It is the nearest one. “Sixty-five percent of people who walk into these dispensaries come from Pennsylvania.”
It remains to be determined whether Pennsylvania lawmakers will move forward with legalization during this session. But two Democratic lawmakers—Street and Rep. Rick Krajewski (D)—recently said they’re aiming to reach a compromise and pass reform legislation before the budget deadline.
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 expressed his “cautious optimism” about the chances of being able to bring back the House legislation Krajewski co-sponsored with Rep. Dan Frankel, (D), after it was passed through the House in an expedited manner.
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.
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. In addition to conflicting viewpoints among pro-legalization lawmakers, this political dynamic could be another barrier to reform.
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.
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.”
The reform is stalled every time it comes up in the legislative chamber, in part because of 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, auditing 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.
—
MEDCAN24 tracks hundreds of marijuana, psychedelics, and drug policy legislation in state legislatures this year. Patreon subscribers who donate at least $25 per month get full access to the interactive maps and charts, as well as our hearing calendar.
Find out more about our marijuana law tracker. To get access, become a Patreon supporter.
—
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.” “I mean, people should be allowed to smoke in a legal and safe way if they want to,” 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.
New Hampshire Bill to Ease Psilocybin Punishments Advances through House, but Is Tabulated in Senate
Mike Latimer is the photographer.
MEDCAN24 could not exist without readers’ support. Please consider making a Patreon monthly pledge if you depend on our cannabis journalism for information.
