Bipartisan lawmakers in Pennsylvania have officially introduced a bill to legalize recreational cannabis in the state. Representatives Aaron Kaufer (R) and Emily Kinkead (D), along with 15 other cosponsors, filed the legislation after circulating a draft memo for support.  

The bill aims to create a regulated cannabis market overseen by the state’s Department of Agriculture. It also prioritizes social equity and small business opportunities, with provisions to deter underage use and generate tax revenue for law enforcement, local governments, and community programs. Under the proposal, adults 21 and older would be allowed to purchase and possess up to 30 grams of cannabis. Medical marijuana patients would also be able to grow up to five plants for personal use, though recreational users would not have the same option.

One significant change from earlier drafts of the bill is that regulatory oversight of both the medical and recreational programs would now fall under the Department of Agriculture, consolidating management responsibilities. Previously, medical cannabis was regulated by the Department of Health. The bill also removes language that required social equity licensees to enter into agreements with established operators, aiming to make it easier for new businesses to enter the market.

Additionally, strict rules were added for advertising, particularly for billboards, and the bill now includes provisions for expungements, commutations, and resentencing for cannabis-related convictions—an area that was not covered in the draft version. Protections are also in place for incarcerated individuals to access medical cannabis if they have a qualifying condition. Another notable adjustment is that the cap on cannabis grower licenses has been lifted, leaving the decision to the discretion of the Department of Agriculture.

The bill outlines a tax structure that includes an 8% sales tax and a 5% excise tax on recreational cannabis products. The revenue generated would be allocated to several areas, including a Cannabis Business Establishment Fund (30%), Cannabis Regulation Fund (30%), the Pennsylvania Commission on Crime and Delinquency (15%), drug prevention programs (10%), local governments (10%), and support for the state’s medical cannabis program (5%).

One unique aspect of the bill is a provision that allows adults who use cannabis legally under state law to possess firearms, counteracting concerns that legal cannabis users could lose their right to gun ownership under federal law. However, this protection is limited to state law and does not address the ongoing federal prohibition on gun ownership for cannabis consumers.

As the debate continues, Pennsylvania appears to be moving closer to joining the growing number of states that have legalized recreational cannabis, with the potential for a transformative impact on the state’s economy and criminal justice system.