Legislation to legalize marijuana stalled in Pa., but efforts ongoing
Legislation to legalize recreational marijuana is getting further in the state General Assembly than it has in the past, but it’s still not making it across the finish line.
Earlier this year, the state House of Representatives passed a bill in a 102-101 vote that would permit the sale of cannabis to adults at state-owned stores.
The bill was shot down in committee in the Republican-controlled Senate, leaving the legislation effectively dead.
State Reps. Marci Mustello, R-11th, Tim Bonner, R-17th, Aaron Bernstine, R-8th, and Stephenie Scialabba, R-12th, voted against the proposed legislation.
State Sens. Elder Vogel, R-47th, and Scott Hutchinson, R-21st, didn’t have the chance to weigh in with a vote. The bill died in the Senate Law and Justice Committee, which has no Butler County representation, via a 7-3 vote.
An alternate plan from Gov. Josh Shapiro, included with his annual budget proposal this February, would have legalized adult-use cannabis beginning Jan. 1, 2026, and implemented a 20% wholesale tax, retail sales tax and yearly licensing fees for growers, processors and dispensaries. His projections estimated the move would generate $540 million in its first year and $1.3 billion over five years.
“Twenty-four states have already legalized adult-use cannabis. That includes almost every single one of our neighbors,” Shapiro said at the time.
Of Pennsylvania’s bordering states, only West Virginia has yet to legalize recreational marijuana. That state only allows medical marijuana use, the same usage Pennsylvania has legalized.
In Ohio, recreational cannabis is sold through state-licensed stores and is regulated by the Ohio Department of Commerce, Division of Cannabis Control.
Shapiro said as much as 60% of customers in New Jersey, Maryland and New York are from the commonwealth.
“Pennsylvanians who want to buy cannabis are just driving across the border to one of our neighbors,” he said.
Regardless, Mustello voiced concerns over the motive behind the push for legalization.
“Unfortunately, the issue of recreational marijuana in Pennsylvania is currently being pushed by Gov. Shapiro’s tax and spend agenda, absent of any focus on public health and safety,” Mustello said in an emailed statement. “Shapiro’s budget calls for large increases in spending and is banking on a marijuana tax to help pay for it. It is all about money and that is the wrong perspective.”
She voiced concerns over what she sees as an over dependence on tax revenue that doesn’t yet exist, and may never materialize, amid ongoing budget discussions that have stretched months past the June 30 deadline.
“I don’t think it’s right for the governor to project a budget based on revenue that we don’t even know if it’s going to be there or not,” Mustello said while speaking at a May 30 event.
Despite setbacks, Shapiro told reporters in August he is still committed to making the legalization of recreational use marijuana a reality.
“I know some are going to say it’s complicated, but it’s been talked about for years. And just in the last two years, Ohio to our west, Maryland to our south, have legalized, and we keep falling further behind. I’ve been heartened by the fact that more and more Republicans and Democrats are coming on board, embracing liberty and economic opportunity. Let’s get it done,” he said during remarks on ongoing budget negotiations Aug. 25.
The most recent bipartisan efforts to legalize recreational marijuana were introduced this summer.
One, Senate Bill 120, was introduced and primarily sponsored by state Sen. Dan Laughlin, R-49th, whose bill would allow adults 21 and older to legally purchase and use cannabis in Pennsylvania and create an authority to issue permits to and regulate dispensaries.
The legislation, co-sponsored by four Democratic state senators, outlines a framework for retail sales and regulation. However, its path forward remains uncertain in the Republican-controlled Senate.
Under the proposal, existing medical marijuana dispensaries could apply for a recreational sales permit by paying a $100,000 conversion fee.
Supporters say this would help launch the recreational market quickly by building on the infrastructure already in place.
However, critics argue the fee could give large medical marijuana operators an unfair advantage over smaller or new businesses hoping to enter the market.
A nearly identical proposal was introduced in the House this July, primarily sponsored by state Rep. Amen Brown, D-10th, has so far garnered only Democratic co-sponsors.
Vogel downplayed the idea any agreement could be reached in the near future.
“The legalization of recreational marijuana is a multifaceted issue that continues to raise questions surrounding its implementation while also ensuring public safety,” he said. “With the state House’s recent passage of House Bill 1200, an unserious approach which garnered zero Republican support, and Gov. Shapiro’s limited input on this issue, I do not see recreational marijuana legalization moving in our chamber at this point in time.”
Bernstine said he is firmly against any legalization efforts, noting he thinks a plan by House Democrats to sell cannabis through state-run stores would be detrimental in the future.
“The structure that is currently proposed by the Democrats, who have the governor’s mansion and the majority in the House of Representatives, is one that would ultimately cost Pennsylvania taxpayers more money over the long haul through the legacy cost of state employees,” he said.
