By: Zoë Morse, Junior Editor
Photo courtesy of unsplash.com
Recreational use of cannabis remains illegal in the Commonwealth of Pennsylvania. Currently, marijuana is legal only for qualified patients that hold a state medical marijuana card. Using marijuana without a prescription and without a medical card remains illegal.[1] The cities of Philadelphia and Pittsburgh have decriminalized the possession of one ounce of marijuana or less.[2] Nevertheless, the commonwealth still has considerable advancements to make for recreational marijuana use to become legal.
In 2025, the Pennsylvania House of Representatives passed HB 1200 in a 102-101vote that would have legalized the use of cannabis for adults age 21 and order.[3] Additionally, the bill would have legalized sales of recreational marijuana through state-run cannabis dispensaries.[4]
There are multiple ways in which the regulation of cannabis could be carried out in Pennsylvania. HB 1200 planned to take a hybrid approach that would provide for cannabis production to be carried out by private companies while retail sales would be regulated by the state-run dispensaries.[5] These dispensaries would be operated by the Pennsylvania Liquor Control Board.[6] The idea behind this model is that it would bring in revenue while avoiding the greed of large cannabis businesses that have dominated the industry in other states.[7] It would help small businesses rather than large corporations.
HB 1200 was introduced to the House by Democratic representatives Rick Krajewski and Dan Franke.[8] Krajewski expressed to his fellow representatives that criminalization of cannabis does not deter usage, does not promote community safety, and is not in the best interests of the commonwealth.[9] In 2023, there were 11,234 drug possession arrests for marijuana in Pennsylvania, compared to 23,774 arrests for drug possession of any substance.[10] Thus, arrests for possession of marijuana composed 47.25% of all drug possession arrests in 2023.[11] Krajewski opines that legalization will not only promote public health but also bring in revenue that can be reinvested into communities that have been adversely affected by the criminalization of cannabis.[12]
Yet the bill was shut down in committee in the Republican-controlled Senate.[13] Republicans expressed concern that legalization will increase marijuana usage, in turn causing health concerns and safety problems in the workplace.[14] An additional concern is that legalization for adults will trickle down to youth and increase marijuana use among minors.[15]
Advocates for the legalization of marijuana hope that the need for more revenue to cover rising state spending change the minds of those who are still in opposition.[16] However, advocates are uncertain that legalization and regulation of marijuana will be able to occur in one comprehensive bill.[17] For starters, legalizing marijuana would require the decriminalization of possessing a small amount of cannabis and clarifying standards for driving under the influence for users of medical marijuana.[18] The commonwealth will also need to regulate intoxicating hemp products that are sold that gas stations, smoke shops, and online.[19]
Meanwhile, recreational marijuana has been legalized in many of Pennsylvania’s neighboring states. New York generated $155 million in its first full year of legalization of recreational marijuana while Ohio saw tax revenue of $56 million during its first year.[20] New Jersey incurred tax revenues of $77 million in its first year of legalization and Maryland saw revenues of $72 million during the same period.[21]
Pennsylvania’s Independent Fiscal Office projects revenue of $140 million in the 2026-2027 fiscal year, with projected increases to $432 million by 2030-2031.[22] Responsible PA, a group advocating for the legalization of marijuana in Pennsylvania, is concerned that Pennsylvania residents leave the commonwealth in order purchase marijuana elsewhere.[23] When this occurs, Pennsylvania is losing out on potential tax revenue that instead goes to its neighboring states. Governor Shapiro has expressed that these tax revenues can be invested back into the community.[24] Responsible PA argues that legalization and regulation of marijuana will also create approximately 33,000 new jobs for Pennsylvanians.[25]
Marijuana had previously been considered a Schedule I drug by the federal government.[26] In December 2025, President Trump signed an executive order to declassify marijuana from a Schedule I to a Schedule III substance.[27] Schedule I substances have no accepted medical use and are deemed as having a high potential for abuse.[28] Schedule III substances are defined as having moderate to low potential for dependance.[29] Changing marijuana to a Schedule III drug has the potential to save hundreds of millions of dollars in taxes for business with licenses to sell marijuana in states where it is legal.[30] However, Kevin Sabet, a former drug policy adviser under President Barack Obama who now is CEO of the group Smart Approaches to Marijuana, expresses concern that the commercialization of the industry will lead to more people using drugs with negative consequences.[31]
Pennsylvania’s House of Representatives has just passed budget legislation proposed by Governor Shapiro that relies on revenue that would be generated from recreational marijuana sales.[32] The House voted 107-94 to approve the spending plan, now headed for approval in the Senate.[33] Even if the budget legislation is approved, there is still work to be done in legalizing recreational marijuana.
[1] Pennsylvania State Information System, Pennsylvania Marijuana Laws, Pennsylvania State Information System, https://pennsylvaniastatecannabis.org/laws, (last visited March 2, 2026)
[2] Id.
[3] Hunter Muro, Legislation to legalize marijuana stalled in Pa., but efforts ongoing, Buter Eagle (October 31, 2025), https://www.butlereagle.com/20251031/legislation-to-legalize-marijuana-stalled-in-pa-but-efforts-ongoing/
[4] Id.
[5] A.J. Harrington, Pennsylvania House Passes Recreational Cannabis Legalization Bill, Forbes (May 10, 2025), https://www.forbes.com/sites/ajherrington/2025/05/10/pennsylvania-house-passes-recreational-cannabis-legalization-bill/
[6] Id.
[7] Id.
[8] A.J. Harrington, Pennsylvania House Passes Recreational Cannabis Legalization Bill, Forbes (May 10, 2025), https://www.forbes.com/sites/ajherrington/2025/05/10/pennsylvania-house-passes-recreational-cannabis-legalization-bill/
[9] Id.
[10] Pennsylvania State Information System, How Many Marijuana Arrests in Pennsylvania?, Pennsylvania State Information System, https://pennsylvaniastatecannabis.org/laws/arrests, (last visited March 2, 2026)
[11] Id.
[12] A.J. Harrington, Pennsylvania House Passes Recreational Cannabis Legalization Bill, Forbes (May 10, 2025), https://www.forbes.com/sites/ajherrington/2025/05/10/pennsylvania-house-passes-recreational-cannabis-legalization-bill/
[13] Id.
[14] Mark Scolforo and Mark Levy, Pennsylvania House advances bill legalizing recreational marijuana, AP News (May 7, 2025), https://apnews.com/article/pennsylvania-marijuana-legalization-cannabis-recreational-939f7baa6f96713bd8412ab976d828ac
[15] Id.
[16] Kate Huangpu, Are Republicans in Pa. ready for legal weed this year? Advocates are skeptical., Spotlight PA (February 9, 2026),https://www.spotlightpa.org/news/2026/02/cannabis-marijuana-recreational-legalization-pennsylvania-shapiro-legislature-capitol/.
[17] Id.
[18] Id.
[19] Id.
[20] Matthew Rink, Pa. losing pot revenue to neighbors as legalization efforts stall, USA Today (April 7, 2026), https://www.usatoday.com/story/news/politics/state/2026/04/07/pa-adult-use-cannabis-legalization-revenue/88507408007/
[21] Id.
[22] Id.
[23] Id.
[24] Tom Angell, Pennsylvania Governor Says Legalizing Marijuana Will Raise Revenue To Support Kids And Public Safety Programs, Marijuana Moment (April 7, 2026), https://www.marijuanamoment.net/pennsylvania-governor-says-legalizing-marijuana-will-raise-revenue-to-support-kids-and-public-safety-programs/
[25] Matthew Rink, Pa. losing pot revenue to neighbors as legalization efforts stall, USA Today (April 7, 2026), https://www.usatoday.com/story/news/politics/state/2026/04/07/pa-adult-use-cannabis-legalization-revenue/88507408007/
[26] David A. Lieb, What to know about Trump’s order seeking to relax federal drug policies for marijuana, AP News (December 18, 2025), https://apnews.com/article/trump-reclassify-marijuana-cannibas-legal-marijuana-federal-ab2aec5865dd140bac00b7cef5de89c5
[27] Id.
[28] Id.
[29] Id.
[30] Id.
[31] Id.
[32] Tom Angell, Pennsylvania House Passes Governor’s Budget Plan With Expected Revenue From Marijuana, Which Hasn’t Yet Been Legalized, Marijuana Moment (April 15, 2026), https://www.marijuanamoment.net/pennsylvania-house-passes-governors-budget-plan-with-expected-revenue-from-marijuana-which-hasnt-yet-been-legalized/
[33] Id.