Could recreational cannabis be coming to your area soon?

If a pair of Pennsylvania legislators have their way, the answer is yes.

Reps. Aaron Kaufer (R-Luzerne) and Emily Kinkead (D-Allegheny) have joined forces and intend to introduce a comprehensive adult-use cannabis legalization bill that will prioritize pubic safety, consumer protection, social equity and criminal justice reform.

In their co-sponsorship memo, Kaufer and Kinkead wrote that their belief is that the time is right for Pennsylvania to move in a similar direction as its neighbor to the west – Ohio – and legalize the recreational use of marijuana and negate any efforts by the Buckeye State to capture PA dollars.

“This bill underscores our commitment to responsible regulation of the cannabis industry while addressing the diverse needs of Pennsylvania’s communities,” said Kaufer. “By prioritizing public safety and consumer protection, this legislation will build on the successful regulatory structure of the state’s medical cannabis program, continuing stringent standards for product quality, packaging and labeling to ensure the well-being of all consumers.”

“It is well past time for the Commonwealth to legalize cannabis for recreational use, address the injustices of the failed War on Drugs, and ensure that Pennsylvanians can benefit from this industry in the same way our neighboring states have,” said Kinkead. “Our bipartisan effort to provide specific language that takes the best practices from other states is the next substantial step in finally getting this done.”

Specifically, the bill:

• Establishes parameters for an adult-use program under the Department of Agriculture;
• Creates guardrails around the licensed sale and legal use of cannabis that will help eradicate the illicit market;
• Provides support for small businesses to participate in the market, prioritizing rural, minority, female, and veteran-owned businesses in particular;
• Establishes robust guidelines for the labeling, packaging, and advertising of products to ensure that products are not marketed to children and adolescents;
• Implements a “clean slate” policy and criminal justice reforms for residents with cannabis-related convictions;
• Provides funding and supports for law enforcement to enforce cannabis regulations;
• Provides funding for local municipalities with cannabis businesses;
• Leverages our agricultural infrastructure and supports local farmers;
• Generates new revenue for the state and creates jobs.

Gov. Josh Shapiro has proposed marijuana legislation and its tax revenues as part of his $48.3B budget for FY25. Voters in all parties are warm to the idea, according to a recent Franklin & Marshall College poll, which saw 62 percent of respondents believing recreational cannabis should be legalized. And just about 1-in-2 favor (48%) selling legal marijuana through the state’s existing medical marijuana dispensaries than through state-run cannabis shops (29%).

The 220-page bill recognizes the potential of Pennsylvania’s agricultural sector, providing broad opportunities for farmers to participate in the legal cannabis market. It also aims to place a strong emphasis on social equity and criminal justice reform by creating opportunities for individuals disproportionately impacted by outdated cannabis policies. Through measures such as expungement of prior non-violent cannabis offenses and prioritizing licenses for small and minority-owned businesses, the legislation seeks to promote fairness and inclusivity within the industry.

For individuals, those 21 and older would be permitted to possess, consume, use, purchase, obtain or transport cannabis that is no more than 30 grams of cannabis flower, 1,000 mg of THC contained in cannabis-infused edible or nonedible products, or five grams of cannabis concentrate. Use would be permitted anywhere smoking is permitted.

Underage users would be subject to a written warning for the first offense, a fine of not more than $250 for a second offense, and not more than $500 for a third and each subsequent offense.

The bill calls for a sales tax of eight percent and the revenue would be deposited in a Cannabis Regulation Fund in the State Treasury. Ten percent of the revenue in the fund would be allocated to local police departments for enforcement and 5% to be used for indigent defense services.

With only a few session days remaining before the General Assembly’s summer recess and a budget to pass, it remains to be seen if this legislation will receive the attention its sponsors hope for. Then the question becomes whether legislators would be willing to take up the bill after Labor Day and prior to the November general election.

Any legislation that is not adopted by the end of the 2024 calendar year expires when the legislature’s two-year session ends in December. With Kaufer not seeking reelection, if Kinkead would return to the House in January, she would need another GOP counterpart for the bill to continue with bipartisan support.