New Recreational Marijuana Legalization Bill Coming To New Harrisburg

HARRISBURG, PA — A new year, a new legislative session, and a new take on how recreational marijuana should be legalized in Pennsylvania.

New legislation will soon be introduced in the general assembly that would use the state store system to sell weed. Officials say the program would prevent large corporations from gaining an unfair foothold in the industry or creating a monopoly, and ensure that the estimated hundreds of millions in tax revenue is wisely used.

"Permitting private companies to sell cannabis in Pennsylvania could allow large corporations to take over the cannabis industry, putting profits before the well-being of our communities," State Rep. David M. Delloso (D-Delaware) wrote in a co-sponsorship memornadum.

The bill would also expunge all misdemeanor and low level cannabis convictions, and permit citizens to grow up to six plants for personal use.

Cannabis is one of the longest running and most controversial debates in the state, with comprehensive legislative packages introduced throughout most of Gov. Tom Wolf's term in office. Wolf finally put public support behind a legalization push in 2020, and new Gov. Josh Shapiro is on the same page.

What remains to be seen is what the legislature does about it.

Delloso, like other Democrats before him, put social justice at the centerpiece of his justification for the bill. He noted that some 27,000 Pennsylvanians were arrested on low level cannabis possession charges in 2017, and prosecution of these individuals used up an estimated $46 million in taxpayer money, officials estimated.

"Although African Americans use cannabis at a similar rate to White Americans, African Americans are almost four times more likely to be arrested for cannabis possession," Delloso wrote, adding "This (bill) would...free law enforcement to focus on the other issues our communities face and would reduce the racial disparity in the criminal justice system related to cannabis convictions."

After the state legalized medical marijuana back in 2016, Pennsylvania has seen a long and slow arc toward accepting what many see as an inevitability. Numerous pieces of legislation have been introduced in both chambers, and some have even seen glimmers of bipartisan support. This is a new Harrisburg, however, with some key differences that could spell success for weed this time around. Most notably, the general assembly is controlled by Democrats. And between national trends softening their stance toward marijuana, and growing awareness of the potential social and economic benefits, 2023 could be the year.

"It's what Pennsylvanians say they want," Wolf said last year, referencing public opinion polls oft-cited by Lt. Gov. John Fetterman, who has spearheaded the legalization charge.

But any bill will still need significant bipartisan support. Republicans control the state senate, and there is a reason that these bills have died on the shelf or the floor of the chamber in the past half-decade.

Committee chairperson State Sen. Mike Regan (R-31) has expressed a desire to work with Democrats on the issue, among other Republicans. In early 2022, for the first time, the prospect of legalization was addressed at a series of state senate committee meetings. Proposed legislation has lingered in both bodies of the legislature for years, on and off, without this kind of action from the GOP-controlled committee. Regan was among those who participated in the meetings.

“Obviously, marijuana is not new,” Regan said at the time. “It is already out there. It is already being used by millions of people – young and old, far and wide."

While details are still unclear, Delloso's bill follows in the tradition of the type of legislation discussed at those meetings. Supporters have long agreed on some type of permitting structure for growers, processors, and dispensaries. The funds would go to after-school programs for youth, student loan forgiveness, and affordable housing.

Lawmakers say that Pennsylvania can learn from other states like Illinois and Arizona, which were able to help medical marijuana dispensaries transition into selling recreational products. Laws in Michigan and Massachusetts were noted for tax structures that both made weed affordable and also cut out illegal sales from cartels.