Bipartisan Pennsylvania Lawmakers Announce New Plan To Legalize Marijuana This Year
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Bipartisan Pennsylvania lawmakers are asking their colleagues to join them on a forthcoming bill to legalize marijuana for adult use in the state.
In a cosponsorship memo that was circulated on Monday, Reps. Emily Kinkead (D) and Abby Major (R) touted the state’s “robust” medical cannabis program—but pointed out that “all but one of our neighboring states have legalized recreational adult-use cannabis.”
That includes Ohio, the lawmakers noted, where a voter-approved legalization law has led to a flourishing of cannabis retailers, including many along their shared border.
“It is well past time for Pennsylvania to move in a similar direction, and our proposed legislation represents a bipartisan path to legalize adult-use cannabis, establishing strong tenets for an adult-use market,” they said. “And perhaps most importantly, this bill is not just about legalization, it’s about setting up a stable, well-regulated market that prioritizes public safety and public health, protects children from exposure, promotes social justice, and fosters economic opportunity.”
Enacting adult-use legalization in the commonwealth “would not only boost local economies and create upwards of 30,000 new jobs, but also create a new revenue stream for our state, allowing us to reinvest in essential services like education, healthcare, and infrastructure,” the memo says.
“Moreover, this bill ends the blanket criminalization of marijuana users, particularly in communities of color that have been disproportionately impacted by cannabis-related arrests, while providing a robust pathway for those individuals and communities to participate in and benefit from the legal market,” the bipartisan lawmakers wrote.
“Legalizing marijuana within this framework allows the industry to be regulated, ensuring that products are tested for safety, purity, and potency. Legalization provides an opportunity to implement public health education, prevent misuse through responsible marketing and regulation, and ensure that marketing efforts are designed to avoid targeting children, with strict age verification measures in place. As we are seeing more synthetic Delta variant products marketed to children every day with no idea regarding the contents, this regulation is imperative.”
The text of the legislation isn’t available yet, but the sponsors described core pillars of the proposal they plan to introduce.
The intent of the measure, they said, is to mitigate the illicit marketplace, provide relief for those who’ve been impacted by criminalization, develop an inclusive industry, support job creation, bolster the state’s agriculture economy and more.
“This bipartisan legislation reflects strong support for legalization across the Commonwealth and the input of stakeholders at every level,” the memo says. “Please join us in co-sponsoring this important legislation as we work to move cannabis legalization forward in Pennsylvania.”
Kinkead, the Democratic sponsor of the legislation, previously introduced a separate bipartisan marijuana legalization bill, alongside 15 other cosponsors, last September. It did not advance, however.
Despite the bipartisan nature of the measure, it remains to be seen whether the legislature will actually move forward with any proposal to enact legalization—including one put forward by Gov. Josh Shapiro (D)—this session.
Meanwhile, a Republican Pennsylvania senator 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 is making the case that, beyond using any resulting tax revenue to fund day-to-day projects and public services, the state should earmark a portion of those tax dollars for a fund to “provide a sustainable source of prosperity that lasts for generations.”
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.”
Another Democratic lawmaker said legislature is “substantially closer” to reaching a deal on marijuana legalization, and an initial vote on a bipartisan cannabis reform bill could come as early as this month.
Polls have shown bipartisan support for legalization among voters, but the reform has consistently stalled in the legislature, owing in large part to 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.
Rep. Rick Krajewski (D)—who announced in December his intent to file a legalization measure alongside House Health Committee Chair Dan Frankel (D)—also recently said the policy would provide for “more responsible usage” of cannabis, compared to the status quo that’s left adults either buying from the illicit market or traveling across state lines to get regulated products.
Separately last month, 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.
While Pennsylvania’s medical cannabis program was enacted nearly a decade ago, lawmakers say the measure, which now heads to the Senate, is necessary to improve testing compliance, product audits and lab inspections, among other aspects of the 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.
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Also, in a video interview released last month, 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 it’s an issue of freedom and liberty. I mean, if folks want to smoke, they should be able to do so in a safe and legal way,” he said. “We should shut down the black market—and, by the way, every state around us is doing it. Pennsylvanians are driving to those other states and paying taxes in those other states.”
Pennsylvania’s Republican attorney general recently said he wants to be a “voice for potential public safety risks” of enacting the governor’s proposal—though he said his office would be ready to enforce the new law if lawmakers did vote to pass it.
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.
Separately, a recent poll shows 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 as some legislators have promoted.
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Photo courtesy of Brian Shamblen.
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