House Democrats have passed legislation, HB 1200, permitting marijuana sales in state-operated stores regulated by the Liquor Control Board. The bill passed by a vote of 102 to 101, with all House Democrats voting for the bill and all House Republicans voting against it.
The measure now awaits action from the Republican-led Senate, where leaders have said that they will not consider it without significant amendments. Democratic Gov. Josh Shapiro, who supports adult-use legalization, has similarly acknowledged that “bipartisan compromises” are necessary in order to move the bill forward.
At issue are provisions in the bill mandating that adult-use cannabis products be sold only in state-owned and operated retail stores, like how liquor and wine is sold in Pennsylvania. Under this model, private businesses would not be permitted to engage in adult-use marijuana sales.
NORML has expressed opposition to the state-monopoly model. “Unlike adult-use regulations adopted in every other legal state, this model requires a state agency and its employees to engage in activities that are in positive conflict with federal marijuana laws,” NORML states in a legislation action alert calling for amendments to the bill. “As a result, adopting this model would arguably make the state (and its employees) vulnerable to litigation and, ultimately, federal preemption.”
Pennsylvania does not currently regulate the sale of medical cannabis products in a similarly restrictive manner.
A supermajority of Pennsylvanians, including majorities of Democrats, Independents, and Republicans, “support allowing the sale of adult-use cannabis in Pennsylvania,” according to recent polling.
Are you among the tens of thousands of reform advocates who have contacted their elected officials this year? A state-by-state guide to pending marijuana legislation and NORML action alerts is available from NORML’s Take Action Center.
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