Cannabis in Pennsylvania is illegal for recreational use, but possession of small amounts is decriminalized in several of the state's largest cities. Medical use was legalized in 2016 through a bill passed by the state legislature.
Cannabis in Pennsylvania is illegal for recreational use, but possession of small amounts is decriminalized in several of the state's largest cities. Medical use was legalized in 2016 through a bill passed by the state legislature.
On April 17, 2016, Governor Tom Wolf signed Senate Bill 3 to legalize the medical use of cannabis. [1] The bill allowed the use of cannabis with a physician's approval for treatment of 17 qualifying conditions listed in the bill. [2] It also set up a state-licensed system for the distribution of cannabis to patients, with the requirement (later eliminated in 2018) [3] that only non-smokable forms be sold. [4] A 5% tax rate was imposed on sales between growers, processors, and dispensaries. [5] No allowance for home cultivation was made. [6]
Senate Bill 3 passed the House by a 149-46 vote and the Senate 42–7. [6] Upon its enactment, Pennsylvania became the 24th state to legalize cannabis for medical use. [7] The first licensed sales occurred on February 15, 2018. [8] [9]
In September 2017, the Pennsylvania Democratic State Committee approved a platform position stating that "cannabis is safe enough, and ubiquitous enough in society, that it does not need to be restricted or prohibited by the Controlled Substances Act". [10] The resolution urged the state Democratic Party to "support Democratic candidates and policies which promote the full repeal of cannabis prohibition by its removal from the Controlled Substances Act, and to support the creation of new laws which regulate it in a manner similar to other culturally accepted commodities". [11] The resolution specified a number of reasons for supporting legalization, including the racist and unscientific reasons for its original prohibition, the lack of fitting the criteria to be placed in Schedule I of the Controlled Substance Act, and Auditor General Eugene DePasquale's support for legalization to save criminal justice costs and earn revenue via taxed sales. [12]
House Bill 163 was signed into law by Governor Wolf on October 24, 2018. [13] It repealed a policy known as "Smoke a joint, lose your license" under which possession of cannabis or any other illegal drug was punished with a mandatory six month driver's license suspension. [14] Under the policy, approximately 149,000 licenses were suspended for non-driving drug offenses from 2011 to 2016, according to Equal Justice Under Law, a nonprofit civil rights organization. [15] House Bill 163 was sponsored by State Representative Rick Saccone, [16] passing with only one opposing vote in the House and unanimously in the Senate. [13]
In December 2018, during a Q&A session with constituents on Twitter, Governor Wolf tweeted: "I think it is time for Pennsylvania to take a serious and honest look at legalizing recreational marijuana." [17] One month later, Wolf announced a statewide tour by Lieutenant Governor John Fetterman to gather public input on the idea. [18] He stated: "We could choose to ignore what's going on in the world and just pretend that nothing has happened, nothing has changed, or we can actually open our eyes and ears and say, 'let's go out and ask—let's find out.'" [19] The 70-stop tour, spanning all 67 counties in the state, kicked off February 11 in Harrisburg and ended May 19 in Philadelphia. [20] [21]
At a press conference on September 25, 2019, Wolf and Fetterman announced that of the more than 10,000 people that attended the listening tour, 68% were in favor of recreational legalization and there was near unanimous support for decriminalization. [21] [22] Also, the governor announced his support for legalizing recreational use for the first time. [23] With the release of the listening tour report, the governor and lieutenant governor called for three actions to be taken by the state legislature: [24]
On September 3, 2020, Wolf and Fetterman held a press conference to reiterate their call for the legislature to take up a cannabis legalization bill. [25] [26] Wolf stated: "Now more than ever, especially right in the middle of a pandemic, we have a desperate need for the economic boost that the legalization of cannabis could provide." [27] Fetterman added: "I would pitch this as a jobs bill as much as anything. Legalizing marijuana would create tens of thousands of jobs that require no subsidy, no kind of guidance other than to rewrite the law and allow this business to flourish in Pennsylvania." [27] Also speaking at the press conference in support of legalization was State Senator Sharif Street. [28]
On September 16, 2020, Wolf, Fetterman, and a representative from NORML held a press conference to further call for the legislature to act. [29] [30] Wolf stated: "New Jersey citizens are going to vote [on a cannabis legalization referendum], and if they vote to legalize it, we will have given up the opportunity to gain the revenue that will definitely go across the border to New Jersey." [31] Fetterman added that "40 percent of our population will live within a 30-minute drive or less of legal marijuana", and that Pennsylvania should reap the economic benefits of these consumers, "not New Jersey". [31]
On October 13, 2020, Wolf held a press conference in Monroe County to make a third call for legalization in the state. [32] [33] He was joined at the press conference by a local hemp farmer and State Representative Maureen Madden. [34] [35]
Jurisdictions in the below table have revised their municipal ordinances to lessen penalties for cannabis offenses. Police still retain the ability to charge individuals under state law, however. In Allentown and part of Bethlehem, police officials have said they will enforce state law only per the directive of Lehigh County District Attorney Jim Martin. [36] [37] [38]
| Municipality | Date | Policy reform |
|---|---|---|
| Philadelphia | September 2014 | City council voted 13–3 to decriminalize up to 30 grams, punishable by a $25 fine. [39] |
| Pittsburgh | December 2015 | City council voted 7–2 to decriminalize up to 30 grams, punishable by a $25 fine. [40] |
| Harrisburg | July 2016 | City council voted unanimously to decriminalize small amounts, punishable by a $75 fine. [41] |
| State College | August 2016 | City council voted 5–2 to decriminalize up to 30 grams, punishable by a $250 fine. [42] |
| York | July 2017 | City council voted 4–1 to decriminalize up to 30 grams, punishable by a $100 fine. [43] |
| Erie | January 2018 | City council voted unanimously to decriminalize up to 30 grams, punishable by a $25 fine. [44] |
| Allentown | May 2018 | City council voted 4–3 to decriminalize up to 30 grams, punishable by a $25 fine for a first offense. [45] |
| Bethlehem | June 2018 | City council voted unanimously to decriminalize up to 30 grams, punishable by a $25 fine for a first offense. [38] |
| Lancaster | September 2018 | City council voted 6–1 to decriminalize small amounts, punishable by a $25 fine for a first offense. [46] |
| Steelton | March 2019 | Borough council voted unanimously to decriminalize up to 30 grams for a first offense, punishable by a $25–$100 fine. [47] |
| Delaware County | November 2020 | County council voted unanimously to decriminalize up to 30 grams, punishable by a $50 fine. [48] [49] |
| Carlisle | December 2020 | Borough council voted to decriminalize up to 30 grams, punishable by a $25 fine. [50] [51] |
| Doylestown | April 2021 | Borough council voted 8–1 to decriminalize up to 30 grams, punishable by a $25 fine. [52] |
On January 20, 2015, Constable Ed Quiggle, Jr. of Sunbury signed the Compassionate Medical Cannabis Reform Resolution, making it official policy for the Office of Constable for the 9th Ward of the City to not enforce or cooperate in the enforcement of any acts which prohibit, penalize, or criminalize the possession, cultivation, or use of medical cannabis, hemp, cannabinoids, and other illegal or experimental drugs, becoming the first law enforcement agency in Pennsylvania, and perhaps the first in the United States, to enact such a policy. [53] [54] [55]
Jacob Doyle Corman III is an American politician who served as the president pro tempore of the Pennsylvania Senate from 2020 to 2022.
Thomas Westerman Wolf is an American politician and businessman who served as the 47th governor of Pennsylvania from 2015 to 2023. He previously served as chairman and CEO of his business, The Wolf Organization, and later as secretary of the Pennsylvania Department of Revenue from April 2007 to November 2008.
In the United States, cannabis is legal in 38 of 50 states for medical use and 24 states for recreational use. At the federal level, cannabis is classified as a Schedule I drug under the Controlled Substances Act, determined to have a high potential for abuse and no accepted medical use, prohibiting its use for any purpose. Despite this prohibition, federal law is generally not enforced against the possession, cultivation, or intrastate distribution of cannabis in states where such activity has been legalized.
The legal history of cannabis in the United States began with state-level prohibition in the early 20th century, with the first major federal limitations occurring in 1937. Starting with Oregon in 1973, individual states began to liberalize cannabis laws through decriminalization. In 1996, California became the first state to legalize medical cannabis, sparking a trend that spread to a majority of states by 2016. In 2012, Washington and Colorado became the first states to legalize cannabis for recreational use.
In the U.S. state of Maine, marijuana (cannabis) is legal for recreational use. It was originally prohibited in 1913. Possession of small amounts of the drug was decriminalized in 1976 under state legislation passed the previous year. The state's first medical cannabis law was passed in 1999, allowing patients to grow their own plants. The cities of Portland and South Portland decriminalized the possession and recreational use of marijuana in 2013 and 2014, respectively.
Cannabis in Vermont as of May 2004 is legal for medical use, and legal for recreational use as of July 1, 2018.
Cannabis in Wisconsin is illegal for recreational use. Possession of any amount is punishable by up to 6 months in prison and a $1000 fine for a first offense. A second offense is punished as a felony with up to 3.5 years in prison and up to a $10,000 fine. At the local level, however, numerous municipalities and counties have decriminalized cannabis or lessened penalties for minor possession offenses. Medical use is legal only in the form of low-THC cannabis oil.
Cannabis in Virginia is legal for medical use and recreational use. The first medical marijuana dispensary opened in August 2020, and adult recreational use became legalized in July 2021.
Cannabis in the United States Virgin Islands is legal for recreational use since January 18, 2023, under territorial law. Legislation to legalize was passed by the territorial legislature in 2022, and was signed into law on January 18. Medical use was legalized in 2019 through a bill that passed the Senate 9–4. It remains illegal under federal law.
Cannabis in Minnesota is legal for recreational use as of August 1, 2023. On May 30, 2023, Governor Tim Walz signed House File 100 into law, legalizing the use, possession, and cultivation of cannabis within the state. Licenses for commercial sales will likely not be issued until 2025, in order for the Office of Cannabis Management to establish regulatory frameworks.
Cannabis in Hawaii is illegal for recreational use, but decriminalized for possession of three grams or less. Medical use was legalized through legislation passed in 2000, making Hawaii the first state to legalize medical use through state legislature rather than through ballot initiative.
Cannabis in New Mexico is legal for recreational use as of June 29, 2021. A bill to legalize recreational use – House Bill 2, the Cannabis Regulation Act – was signed by Governor Michelle Lujan Grisham on April 12, 2021. The first licensed sales of recreational cannabis began on April 1, 2022.
Cannabis in New Hampshire is illegal for recreational use and decriminalized for possession of up to three-quarters of an ounce (21 g) as of July 18, 2017. Medical use is legal through legislation passed in 2013.
Cannabis in Delaware is legal for medicinal and recreational use.
Cannabis in Maryland is legal for medical use and recreational use. Possession of up to 1.5 ounces and cultivation of up to 2 plants is legal for adults 21 years of age and older. In 2013, a state law was enacted to establish a state-regulated medical cannabis program. The program, known as the Natalie M. LaPrade Maryland Medical Cannabis Commission (MMCC) became operational on December 1, 2017.
Cannabis in Ohio is legal for recreational use. Issue 2, a ballot measure to legalize recreational use, passed by a 57–43 margin on November 7, 2023. Possession and personal cultivation of cannabis became legal on December 7, 2023, with the first licensed sales yet to occur under the law. Prior to legalization, Ohio decriminalized possession of up 100 grams in 1975, with several of the state's major cities later enacting further reforms.
Cannabis in Michigan is legal for recreational use. A 2018 initiative to legalize recreational use passed with 56% of the vote. State-licensed sales of recreational cannabis began in December 2019.