Marijuana Moment: Marijuana’s Federally Banned Status Is One Reason Pennsylvania Hasn’t Legalized It, Top GOP Senator Says

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Pennsylvania is losing out on critical revenue by not legalizing marijuana, a key Democratic lawmaker says, but it’s up to the GOP-controlled Senate to make the next move. And one top Republican senator says there are “some significant concerns” to address before that happens—including the current federal classification of cannabis that’s under review by the Trump administration.

In interviews with PoliticsPA last week, the bicameral and bipartisan legislators were each asked about the prospects of adult-use legalization in the Commonwealth.

Rep. Jordan Harris (D), who chairs the House Appropriations Committee, pointed out that his chamber has previously passed a version of the reform, consistent with what the governor has proposed as part of his recent budget requests.

“For me, I think we should have done it a while ago. I think most Pennsylvanians agree—most Americans agree that we should legalize cannabis—and many of the states around us have already done so,” he said, adding that he has friends in neighboring New Jersey who are “very happy that Pennsylvania has not legalized adult-use cannabis because they get to literally reap the benefits.”

“They get to reap the benefits of us not passing adult-use cannabis when so many people from the southeastern part of the state cross right over the border into New Jersey get legalized cannabis, and so we need to do it,” he said. “We’re literally leaving money on the table by not legalizing adult-use cannabis.”

Harris said the House continues to support the reform, which is among “many of these things have been priorities for us for a while,” but in order to enact legalization, “we’re waiting the Senate to either move on our bill or send us their own bill or something around it. I think we definitely need to talk about revenue.”

On the Senate side, Sen. Scott Martin (R), who chairs the chamber’s Appropriations Committee, gave a decidedly pessimistic overview of the cannabis issue, saying he “didn’t see [legalization legislation] going much of anywhere” this session because “there’s some significant concern over learning lessons of some other states.”

“Like, how about you build a regulatory framework first and tout the protections? Like, how are you going to keep it out of the youth hands? How are you going to get the technology that when someone’s pulled over on the side of the road, that you can test for it right away? Or for insurance purposes—for businesses and others—how much does the THC period of time need to be out of your system before you drive that school bus full of little kids, or before you operate a forklift in a warehouse?”

“Unfortunately, often in life, you see governments that want to jump in right away, fully into the pool, and then deal with the consequences after,” he said. “There’s Second Amendment considerations that come to this as well. There’s other things that people need. How about we sort this out?”

“Does the federal government change the classification from being a Schedule I narcotic to one that’s Schedule II that can be researched?” Martin said. “There’s so many things in the pipeline now.”

Despite those apparent outstanding concern—and despite the omission of legalization from a final budget deal the chambers agreed to last month—several House and Senate lawmakers separately told Marijuana Moment that they do see a path forward to end criminalization in the fast-approaching 2026 session.

For example, House Health Committee Chairman Dan Frankel (D) said that it “would’ve been a welcome surprise to see recreational cannabis legalization pass as part of the budget, but we weren’t counting on it.”

“So far, there’s no sign the Pennsylvania Senate has the votes to end prohibition—and there’s unfortunately no path forward without support from both GOP leadership and a majority of Senate members,” the chairman, who championed legalization legislation that passed the House earlier this year, said.

Rep. Rick Krajewski (D), who joined Frankel in leading the push to advance cannabis reform, said that it’s while it’s “disappointing that the Senate was unable to come to an agreement on legalization for this budget, we continue to be eager to work on a bipartisan path to adult-use cannabis.”

That could be achieved through the legislation he’s sponsored such as HB 1200, the House-passed bill that would have legalized marijuana for sale through state-run-stores, or an “alternative proposal sent forward by the Senate,” he told Marijuana Moment.

Another lawmaker who’s helped lead the push for legalization in the Commonwealth, Rep. Emily Kinkead (D), told Marijuana Moment that she wasn’t especially surprised that legalization didn’t make it in the budget. That train seemed to leave the station months ago, she said, adding that those she’s worked with on the issue have been “pivoting to trying to target passage in 2026.”

Sen. Sharif Street (D), who has also sponsored adult-use legalization legislation, emphasized public support for the reform.

“I fully expect that cannabis legalization will be at the top of the discussion for next year,” he told Marijuana Moment.
”There’s an outcry from members. And there’s an outcry from the public to get it done.”

The budget deal came weeks after Pennsylvania senators approved a bipartisan bill that would create a new regulatory body to oversee the state’s existing medical cannabis program and intoxicating hemp products, while preparing to eventually handle the adult-use cannabis market as well.

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A top aide to Pennsylvania’s governor said in September that lawmakers should stop introducing new competing legalization bills and instead focus on building consensus on the issue—while emphasizing that any measure that advances needs to contain equity provisions if the governor is going to sign it into law.

Sen. Dan Laughlin (R), for his part, said in August that the House “needs to pass the language in my bill and send it to my committee” after which point he “can negotiate with the Senate and the governor.”

Laughlin separately said recently that supporters are “picking up votes” to enact the reform this session.

Meanwhile, bipartisan Pennsylvania senators in October introduced a bill that would allow terminally ill patients to use of medical marijuana in hospitals.

Separately, the leading Republican candidate in the race to become the next governor of Pennsylvania dodged a question about her stance on legalizing marijuana—saying she doesn’t have a “policy position” on the issue and arguing that the sitting governor’s proposal for reform “way, way overstated” potential revenue.

The candidate, Pennsylvania Treasurer Stacy Garrity (R), pointed to neighboring Ohio, which launched its own adult-use cannabis market this year, saying “they generated about $115 million in revenue.” And while the populations of both states are relatively comparable, Shapiro’s budget projected $536.5 million in cannabis revenue in the first fiscal year of implementation.

She did, however, say that if Pennsylvania moves forward on enacting the reform, she’ll “make sure that it’s banked appropriately.”

Meanwhile, a Pennsylvania Democratic senator recently said that federal marijuana rescheduling would be “very influential” in advancing legalization in his state, giving “political cover” to GOP members on the fence about reform.

Polls have shown bipartisan support for legalization among voters, but the reform has consistently stalled in the legislature, due largely to GOP opposition. But not all Republican members are against the policy change—and one recently said she felt her party should seize the “opportunity to snatch” the issue from Democrats.

Photo courtesy of Chris Wallis // Side Pocket Images.

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