A Pennsylvania Democratic senator has announced his intent to file a new bill to legalize marijuana in the state, calling on colleagues to join him on the measure days after a Senate committee killed a separate House-passed proposal to enact cannabis legalization with state-run stores.

In a cosponsorship memo circulated last week, Sen. Marty Flynn (D) said his bill would establish a “responsible framework for cultivation, distribution, and retail sales to adults aged 21 and over,” indicating that the legislation will follow a more conventional regulatory model for cannabis.

“This legislation represents a commonsense opportunity to modernize our cannabis laws by delivering lasting economic benefits to communities across the Commonwealth while balancing individual liberty with public safety,” he said of the bill, which will be called the Keystone Cannabis Act.

Notably, Flynn put out an earlier cosponsorship memo in 2022 that detailed a bill he said he’d be introducing that would have sought to legalize marijuana through a state-run model, similar to the legislation that narrowly advanced through the House only to be rejected in a Senate committee last week.

The new memo signals his forthcoming legislation will steer clear of the controversial proposal, placing regulatory responsibility in the hands of the state Departments of Health, Agriculture and Community and Economic Development, as well as the attorney general and state police.

It would also create a Commonwealth Community Reinvestment and Infrastructure Fund, using marijuana tax revenue—which Flynn estimates will be upwards of $500 million annually—to support the revitalization of rural areas, infrastructure initiatives and local grants for “law enforcement, public health, and educational programs focused on substance use prevention and mental health.”

There would also be equity components embedded in the measure, including provisions that would prioritize cannabis business licensing for those from communities disproportionately impacted by prohibition and creating a pathway for expunging past marijuana records.

Additionally, the bill will contain “strict labeling, packaging, and testing standards” for cannabis products, along with funding allocated for public education campaigns and substance misuse treatment.

“Adults should be free to make their own decisions about cannabis use—just as they do with alcohol and tobacco—without unnecessary government interference,” Flynn said. “A regulated market also helps eliminate the black market and improves consumer safety. In fact, cannabis is a botanical cousin of hops, a primary ingredient in beer.”

“In short, legalization is no longer a question of if, but when—and Pennsylvania should not be left behind as our neighbors to the north, south, east, and west in New York, New Jersey, Maryland, Delaware, and Ohio all move forward. It is high time to create a cannabis economy that reinvests tax dollars into our communities thereby creating even more revenue, promotes freedom while ensuring safety and security, stimulates economic growth, and invests in the communities that need it most.”

The memo comes as other bicameral Pennsylvania Democratic lawmakers are working to reach a compromise on marijuana legalization over the next few weeks, with hopes of passing some version of the reform by July. That could mean reviving and amending the state-run bill that the Senate Law and Justice Committee recently defeated, Sen. Sharif Street (D) and Rep. Rick Krajewski (D) said.

While the legislation Krajewski sponsored alongside Rep. Dan Frankel (D) was rejected in committee following its expedited passage through the House along party lines, Street said he’s “cautiously optimistic we’re going to be able to revive the bill and amend it and move forward with a work product that allows us to get a bill on the governor’s desk and realize revenue.”

That said, Sen. Dan Laughlin (R), who has sponsored legalization legislation with Street, recently seemed to suggest that lawmakers should pump the brakes on the push to enact the policy change amid resistance to reform within his caucus and instead pass a bill to create a new regulatory body that can begin overseeing medical cannabis and hemp while preparing to eventually handle the adult-use market as well.

“I remain committed to crafting a cannabis bill that can pass the Senate and be signed into law to benefit all Pennsylvanians,” Laughlin said. “That starts with honest dialogue from everyone involved, including House leadership and the governor, to develop a realistic approach–not political theater.”

Meanwhile, the governor of Pennsylvania is criticizing the GOP-controlled Senate for “ignoring” the will of voters after killing the House-passed bill to legalize marijuana.

Gov. Josh Shapiro (D) said that the bill’s rejection does a disservice to the bipartisan majority of voters in the commonwealth who support legalization, as well as the state itself that’s losing out on potential tax revenue to neighboring states that have enacted the policy change.

“Look, clearly people want it,” Shapiro, who included legalization in his budget request for the third time this year, said. “Poll after poll shows that.”

Following the Senate committee vote, lawmakers from both chambers who support legalization have been trading criticisms about each other’s roles in the stalled push to end prohibition.

Prior to the Senate panel’s vote this week, Pennsylvania’s Republican attorney general said that while he doesn’t currently support the House-passed marijuana legalization bill, he’s open to changing his mind about the policy change after continuing to review the details.

For what it’s worth, a recent poll found that Pennsylvania voters say they favor a model where cannabis is sold by licensed private businesses, rather than through a system of state-run stores.

The governor has repeatedly called for adult-use marijuana legalization. However, he hasn’t endorsed the specific idea of having a state-controlled model.

Rep. Abby Major (R)—who is sponsoring another forthcoming legalization bill that envisions a traditional private sales model alongside Rep. Emily Kinkead (D)—said during the House floor debate on HB 1200 that she stands opposed to the competing bill, emphasizing that she disagrees with the state-run stores proposal.

While Democrats control the House and governor’s office, they will still need to reach a deal with the GOP-controlled Senate to effectuate change. And in addition to the conflicting perspectives among pro-legalization legislators, another potential barrier to reform is exactly that political dynamic.

Senate Majority Leader Joe Pittman (R) said that while he sees a “path forward” for enacting regulations for separate gaming-related reform, “I’m not seeing consensus between the four caucuses and the governor collectively that [marijuana legalization] should be a priority.”

Regardless of which direction Pennsylvania lawmakers do—or don’t—go on marijuana legalization this session, a survey released in April shows a majority of adults in the state support the reform—and opposition to the policy change has fallen by nearly 50 percent over the last decade.

Kinkead has made the case in another recent interview that legalizing cannabis in Pennsylvania will help the state mitigate public health and safety concerns associated with the illicit market, including the fact that unregulated products can be laced with fentanyl.

The lawmaker previously introduced a separate bipartisan marijuana legalization bill, alongside 15 other cosponsors, last September. It did not advance, however.

Meanwhile, Laughlin recently called for the creation of a state “legacy” fund, using tax revenue from adult-use marijuana sales and gaming to make long-term investments in the Commonwealth’s economy.

The senator argued that, beyond using any resulting tax revenue to fund day-to-day projects and public services, the state should earmark a portion of those tax dollars for a fund to “provide a sustainable source of prosperity that lasts for generations.”

Another GOP Pennsylvania senator, Sen. Gene Yaw (R), is backing the push to legalize marijuana in the commonwealth, pointing out that, historically, prohibition “has not turned out well,” noting the country’s experience with alcohol criminalization.

Pennsylvania House Speaker Joanna McClinton (D) recently said that Democrats are ready to pass a marijuana legalization bill this session, but that the party “will need Republican support” to get the job done—adding that it will be a “heavy lift.”

Polls have shown bipartisan support for legalization among voters, but the reform has consistently stalled in the legislature, owing in large part 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.

Separately in March, the Pennsylvania House approved a bill sponsored by Frankel that’s meant to strengthen safety standards and oversight of the state’s medical marijuana program as lawmakers work to advance adult-use legalization.

While Pennsylvania’s medical cannabis program was enacted nearly a decade ago, lawmakers say the measure, which now heads to the Senate, is necessary to improve testing compliance, product audits and lab inspections, among other aspects of the industry.

Meanwhile, Pennsylvania Democratic lawmakers recently introduced a bill that would allow farmers and other small agriculture operators to sell marijuana they cultivate to existing growers and and processors if the state moves to legalize adult-use cannabis.

Separately, an independent Pennsylvania agency is projecting more tax dollars to be generated from adult-use marijuana sales compared to what the governor’s office has estimated, although it expects significantly less overall revenue from cannabis legalization due to differing views on licensing fees.

Pennsylvania officials have also launched a new survey that invites legal marijuana businesses across the country to provide information about their operations to help the state better understand the cannabis industry as lawmakers consider enacting adult-use legalization this session.

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Also, in a video interview released in March, the governor emphasized that the state is “losing out” to others that have already enacted adult-use legalization, while maintaining a policy that’s enriched the illicit market.

“I think it’s an issue of freedom and liberty. I mean, if folks want to smoke, they should be able to do so in a safe and legal way,” he said. “We should shut down the black market—and, by the way, every state around us is doing it. Pennsylvanians are driving to those other states and paying taxes in those other states.”

The state’s agriculture secretary separately told lawmakers that he’s fully confident that his department is in a “really good” position to oversee an adult-use marijuana program if lawmakers act.

Meanwhile, in February, top Pennsylvania police and health officials told lawmakers they are prepared to implement marijuana legalization if the legislature moves forward with the reform—and that they stand ready to work together as the details of legislation to achieve it are crafted.

Amid the growing calls for marijuana legalization in Pennsylvania, a GOP state senator said prohibition has been a “disaster,” and a regulated sales model for cannabis—similar to how alcohol and tobacco are handled—could serve as an effective alternative.

A Republican Pennsylvania senator also recently defended the push to legalize and regulate marijuana, calling it “the most conservative stance” on the issue.

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Photo courtesy of Chris Wallis // Side Pocket Images.