Politics
There’s A Path Forward For Marijuana Legalization In Pennsylvania Even After Omission From Budget Deal, Lawmakers Say
Marijuana legalization did not make it into the Pennsylvania legislature’s final budget deal, despite the governor’s push for the reform. But several House and Senate lawmakers tell Marijuana Moment that they see a path forward to end criminalization in the fast-approaching 2026 session.
While Gov. Josh Shapiro (D) said in August that he wouldn’t “concede” on his plan to legalize adult-use cannabis through the budget amid GOP opposition, he ultimately accepted the plan that lawmakers advanced without marijuana policy components, signing the legislation on Wednesday.
That didn’t come as a particular surprise to many legislators. Several past attempts to enact legalization through the budget process have failed, and the idea of adding the reform amid a months-long stalemate on broader economic policies was met with resistance—particularly in the GOP-controlled Senate.
House Health Committee Chairman Dan Frankel (D) told Marijuana Moment on Thursday that it “would’ve been a welcome surprise to see recreational cannabis legalization pass as part of the budget, but we weren’t counting on it.”
“So far, there’s no sign the Pennsylvania Senate has the votes to end prohibition—and there’s unfortunately no path forward without support from both GOP leadership and a majority of Senate members,” the chairman, who championed legalization legislation that passed the House earlier this year, said.
Rep. Rick Krajewski (D), who joined Frankel in leading the push to advance cannabis reform, said that it’s while it’s “disappointing that the Senate was unable to come to an agreement on legalization for this budget, we continue to be eager to work on a bipartisan path to adult-use cannabis.”
That could be achieved through the legislation he’s sponsored such as HB 1200, the House-passed bill that would have legalized marijuana for sale through state-run-stores, or an “alternative proposal sent forward by the Senate,” he told Marijuana Moment.
“This year’s protracted budget fight, in the midst of a federal government shutting down and terminating some of our most vital services, has demonstrated the urgent need for sustainable new sources of state revenue,” Krajewski said. “We must act swiftly. I urge the Senate to come to the table and negotiate a solution.”
Another lawmaker who’s helped lead the push for legalization in the Commonwealth, Rep. Emily Kinkead (D), told Marijuana Moment that she wasn’t especially surprised that legalization didn’t make it in the budget. That train seemed to leave the station months ago, she said, adding that those she’s worked with on the issue have been “pivoting to trying to target passage in 2026.”
Unlike Frankel, who seemed sour on the prospects of the Senate getting on board with legalization under Republican control, Kinkead said she “actually may be a little bit more optimistic than I think a lot of other people are—but I think the reality is that most people have accepted that legalization is not an ‘if’ but a ‘when.'”
“We’ve gotten this budget done now, and we’re basically going to go immediately into working on the next budget. But we need revenue. We need to increase our revenue, and nobody is terribly interested in trying to increase taxes, so we have to get creative and come up with other other ways of bringing in revenue,” she said. “Recreational marijuana is one. Regulating skill games is another one. We weren’t able to get those done in this budget, but I think that all of the pieces are there to be able to get it done for next year.”
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Sen. Sharif Street (D), who has also sponsored adult-use legalization legislation, echoed that point, emphasizing public support for the reform.
“I fully expect that cannabis legalization will be at the top of the discussion for next year,” he told Marijuana Moment. ”There’s an outcry from members. And there’s an outcry from the public to get it done.”
The budget deal comes weeks after Pennsylvania senators approved a bipartisan bill that would create a new regulatory body to oversee the state’s existing medical cannabis program and intoxicating hemp products, while preparing to eventually handle the adult-use cannabis market as well.
Sen. Dan Laughlin (R), who backs legalization and has joined Democratic members on reform legislation, sponsored that bill. He and his staff didn’t respond to a request for comment from Marijuana Moment on Thursday.
Asked about Laughlin’s proposal to create a Cannabis Control Board, Kinkead said she supports the interim step as legislators work to reach consensus on adult-use legalization.
“I think that having a specialized, independent regulating body makes a lot more sense” than having the state Department of Health fully oversee the state’s cannabis market, she said. “It’s an important step in the right direction. If we are able to even just do that right now, I think that makes the process of legalizing recreational a lot cleaner and faster.”
The cannabis industry association Responsible PA said in a statement after the budget passed without legalization that “Pennsylvania’s budget crisis isn’t going away, as this deal simply kicks the can down the road when full cannabis regulation is a ready-made solution.”
“Instead of raising taxes or cutting vital programs, lawmakers could choose a path that supports small businesses, creates family-sustaining jobs, and addresses public safety concerns through a regulated marketplace,” it said. “Our neighbors have done it successfully—Pennsylvania can too.”
A top aide to Pennsylvania’s governor said in September that lawmakers should stop introducing new competing legalization bills and instead focus on building consensus on the issue—while emphasizing that any measure that advances needs to contain equity provisions if the governor is going to sign it into law.
Laughlin, for his part, said in August that the House “needs to pass the language in my bill and send it to my committee” after which point he “can negotiate with the Senate and the governor.”
The Democratic-controlled House, however, has already advanced a legalization proposal this session that called for a state-run sales model. That measure was quickly quashed in Laughlin’s Senate committee, however, with the GOP lawmaker and others insisting that a more traditional approach of licensing privates businesses would have a better shot.
Laughlin separately said recently that supporters are “picking up votes” to enact the reform this session.
Meanwhile, bipartisan Pennsylvania senators last month introduced a bill that would allow terminally ill patients to use of medical marijuana in hospitals.
Separately, the leading Republican candidate in the race to become the next governor of Pennsylvania dodged a question about her stance on legalizing marijuana—saying she doesn’t have a “policy position” on the issue and arguing that the sitting governor’s proposal for reform “way, way overstated” potential revenue.
The candidate, Pennsylvania Treasurer Stacy Garrity (R), pointed to neighboring Ohio, which launched its own adult-use cannabis market this year, saying “they generated about $115 million in revenue.” And while the populations of both states are relatively comparable, Shapiro’s budget projected $536.5 million in cannabis revenue in the first fiscal year of implementation.
She did, however, say that if Pennsylvania moves forward on enacting the reform, she’ll “make sure that it’s banked appropriately.”
Meanwhile, a Pennsylvania Democratic senator recently said that federal marijuana rescheduling would be “very influential” in advancing legalization in his state, giving “political cover” to GOP members on the fence about reform.
Polls have shown bipartisan support for legalization among voters, but the reform has consistently stalled in the legislature, due largely 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.
Photo courtesy of Philip Steffan.
