Politics
Pennsylvania GOP Senator Pushes To Create New Marijuana Regulatory Body While Lawmakers Work Out Dispute On Legalization Approach
A GOP Pennsylvania senator who supports marijuana legalization is seemingly suggesting that lawmakers pump the brakes on the push to enact the policy change amid resistance to reform within his caucus and instead pass a bill to create a new regulatory body that can begin overseeing medical cannabis and hemp while preparing to eventually handle the adult-use market as well.
At the same time, a Democratic legislator who sponsored a House-passed bill to legalize marijuana with state-run stores that was rejected by the Senate this week is slamming the industry, arguing that large cannabis businesses are putting corporate interests ahead of the need to end prohibition.
In the Senate, Sen. Dan Laughlin (R) has long supported legalizing cannabis and sponsored bipartisan reform bills to create a system of regulated sales. But in an op-ed published by the Pittsburgh Post-Gazette on Friday, he said Pennsylvania should first take steps to make sure the state is “ready to act when legalization becomes law” by establishing a Cannabis Control Board now.
“Legalization of adult-use cannabis in Pennsylvania is no longer a matter of if, it is when. And when that day comes, the state should not be scrambling to build a regulatory system from scratch,” he said. “A transparent, efficient framework should already be in place, one designed to support a safe, well-regulated cannabis industry from day one.”
Rather than move forward on broad legislation to enact legalization this session—a proposal that could face the same fate at the House-passed bill in the Republican-controlled Senate—Laughlin says lawmakers should pass a bill to create a Cannabis Control Board that could also more immediately take over regulatory control of the existing medical marijuana program that’s currently run by the Department of Health and also oversee the intoxicating hemp product market.
“Pennsylvania should be ready to act when legalization becomes law,” he said. “With thoughtful design, the board would regulate adult-use cannabis in a way that makes the rules and regulations clear and promotes innovation, equity, and economic growth, and doesn’t stifle the industry through bureaucracy.”
“The idea takes cues from the Pennsylvania Liquor Control Board (PLCB), but this should not be a direct copy,” he said, seemingly referencing the House bill proposal to have state-run cannabis shops similar to how alcohol is sold there. “The centralized model used in alcohol sales has some advantages, but also significant drawbacks.”
“A Cannabis Control Board would allow the state to create an agency tailored specifically for this purpose. It could handle licensing, enforce compliance, oversee testing and safety standards, and manage tax revenues in a transparent way. Just as important, it could act as a central point of contact for businesses, municipalities, and the public, eliminating confusion and ensuring consistency across the board.”
The creation of the board, he argued, could mitigate the risks of “licensing delays, overly complex regulations, and rigid centralized control have all been problems in other states and within our own liquor system.”
“A proactive approach gives everyone, from law enforcement to local governments to public health officials, the time and tools to prepare. It allows for the development of clear rules on advertising, packaging, testing, and product safety,” Laughlin said. “It enables public education efforts focused on youth prevention and responsible use. And it gives businesses time to adapt to a system that is understandable, consistent, and fair.”
“Establishing a Cannabis Control Board now is a practical, forward-looking step. It would allow the Commonwealth to act with intention, build a system that reflects Pennsylvania values, and position itself for a smoother, more equitable rollout of legalization. The opportunity is here. The planning should start now.”
While Laughlin didn’t pit blame on his caucus for derailing earlier attempts to pass legalization altogether, the implication seems clear that, while he supports comprehensive reform, he doesn’t necessarily see a path forward in the short-term within the GOP Senate. The House bill passed the Democratic chamber by just one vote along party lines before being defeated in the Senate committee that Laughlin chairs.
Laughlin previewed the forthcoming legislation to create a Cannabis Control Board in a cosponsorship memo in March, arguing that, “by consolidating oversight under a single regulatory board, we can eliminate inconsistencies, enhance transparency, and provide the structure needed to responsibly manage this industry.”
In a press release from the Pennsylvania Senate GOP caucus following the committee vote on the House bill, the senator added that he’s “said repeatedly that a state-store model for adult-use cannabis will not pass the Senate.”
“That’s not an opinion, it’s a fact,” he said. “The House moving HB 1200 forward and sending it to the Senate was not a serious effort to legalize cannabis. It was a political move meant to shift blame for inaction, when I have yet to receive a single call from House leadership or the bill sponsors to discuss the concept.”
“There are serious challenges we can and should address right now,” he said. “Our medical marijuana program needs critical reforms. Hemp-derived THC products are being sold openly in gas stations and tobacco shops with no regulation, no testing and no age verification. And the continued reliance on the black market poses real risks to public safety.”
“I remain committed to crafting a cannabis bill that can pass the Senate and be signed into law to benefit all Pennsylvanians. That starts with honest dialogue from everyone involved, including House leadership and the governor, to develop a realistic approach–not political theater.”
Meanwhile, the Democratic chair of the House Health Committee, Rep. Dan Frankel (D), is sharply criticizing the legislature’s inaction on legalization, as well as the broader corporate industry that he claims is hijacking the debate on reform for profit-motivated reasons.
“Last week, something unusual happened in Harrisburg. A Senate Republican committee chair brought up the cannabis legalization bill I introduced with Rep. Rick Krajewski (D)—just to vote it down,” he said in an op-ed for TribLive. “It was all theater. No legalization bill will become law without a negotiation with HB 1200, the House-passed legislation. So why put on the show? Because we’ve hit a nerve.”
“HB 1200 doesn’t follow the same playbook other states used when they legalized weed. And that’s exactly why the big cannabis companies are worried,” he said. “Make no mistake: the industry would rather keep cannabis illegal in Pennsylvania than see it legalized in a way that doesn’t boost their stock prices–just ask the ‘ResponsiblePA Coalition,’ their audaciously named new industry group. They want control. And when they get it, public health, small businesses and community benefits all get pushed aside. We think Pennsylvania deserves better.”
Marijuana Moment reached out to ResponsiblePA for a reaction to the statement, but a representative did not immediately provide one.
“Legalization should be about more than opening dispensaries. It should be about repairing the harm that’s been done and building something better. That’s what HB 1200 does. It’s about putting Pennsylvanians first—whether they use cannabis or not,” Frankel said.
“One hundred and two House Democrats have already said loud and clear: this is the kind of legalization Pennsylvania needs — one that prioritizes public health, racial justice, and real economic opportunity. If Senate Republicans have a better plan to meet those goals, we’re ready to listen. Pennsylvania has a chance to get this right. Let’s not hand it over to the highest bidder.”
Meanwhile, the governor of Pennsylvania is criticizing the GOP-controlled Senate for “ignoring” the will of voters after killing the House-passed bill to legalize marijuana.
Gov. Josh Shapiro (D) said during an interview with WILK News Radio on Wednesday that the bill’s rejection does a disservice to the bipartisan majority of voters in the commonwealth who support legalization, as well as the state itself that’s losing out on potential tax revenue to neighboring states that have enacted the policy change.
“Look, clearly people want it,” Shapiro, who included legalization in his budget request for the third time this year, said. “Poll after poll shows that.”
Following Tuesday’s 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.
Prior to the Senate panel’s vote this week, 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.
The governor has repeatedly called for adult-use marijuana legalization. However, he hasn’t endorsed the specific idea of having a state-controlled model.
Rep. Abby Major (R)—who is sponsoring another forthcoming legalization bill that envisions a traditional private sales model alongside Rep. Emily Kinkead (D)—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.
While Democrats control the House and governor’s office, they will still need to reach a deal with the GOP-controlled Senate to effectuate change. And in addition to the conflicting perspectives among pro-legalization legislators, another potential barrier to reform is exactly that political dynamic.
Senate Majority Leader Joe Pittman (R) said that while he sees a “path forward” for enacting regulations for separate gaming-related reform, “I’m not seeing consensus between the four caucuses and the governor collectively that [marijuana legalization] should be a priority.”
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. It did not advance, however.
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 argued 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.”
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.”
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.
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.
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.
Pennsylvania officials have also launched a new survey that invites legal marijuana businesses across the country to provide information about their operations to help the state better understand the cannabis industry as lawmakers consider enacting adult-use legalization this session.
—
Marijuana Moment is tracking hundreds of cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.
Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.
—
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 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.”
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.
DeSantis Signs Bill To Criminalize Psychedelic Mushroom Spores In Florida
