HARRISBURG, Pa. — Editor’s note: The video above is about the most recent failed attempt to legalize recreational marijuana in the state. 

A Pennsylvania lawmaker on Wednesday announced plans to introduce new legislation to legalize adult-use cannabis in the commonwealth after a legalization bill approved by the State House failed to make it out of committee in the State Senate.

State Sen. Marty Flynn, a Democrat representing portions of Luzerne and Lackawanna counties, announced the forthcoming legislation last week. His new bill will propose a different breakdown in how tax revenue is allocated and change how the industry would be regulated compared to the last bill. 

The memo said the bill would utilize an “independent commission” made up of representatives from various state departments, the attorney general’s office, and State Police. The most recent failed General Assembly bill to legalize marijuana in the state used a controversial “state store” model that would have required all buying and selling to be done at stores run by the Liquor Control Board. 

According to the memo, Flynn’s proposed Keystone Cannabis Act would “(establish) a responsible framework for cultivation, distribution, and retail sales to adults aged 21 and over,” Flynn said.

“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,” Flynn added.

The key provisions of the proposed legislation would, according to the memo:

1. Legalize the possession, purchase, and consumption of cannabis for adults age 21 and over.

2. Establish a regulatory structure under an independent commission, comprised of members of the Departments of Health, Agriculture, Community and Economic Development, Attorney General, and State Police, who would oversee cultivation, processing, testing, and retail operations, ensuring safety, transparency, and fairness in the marketplace.

3. Establish a Commonwealth Community Reinvestment Fund with revenues generated through cannabis sales. The proceeds — projected to exceed $500 million every year — would be deposited into a Community Reinvestment and Infrastructure Fund that would direct money to projects including:

• Revitalizing rural communities through the creation of the RAEIZ (Rural Area Economic Investment Zone) Program, including grants for community redevelopment, attracting new business, and expanded agricultural operations.
• Improving local infrastructure, such as roads, bridges, public transit, water systems, and broadband expansion.
• Giving grants to municipalities to support law enforcement, public health, and educational programs focused on substance use prevention and mental health.

4. The bill prioritizes licenses for applicants from communities disproportionately impacted by cannabis prohibition and includes expungement provisions for certain non-violent cannabis-related convictions.

5. Cannabis products would be subject to strict labeling, packaging, and testing standards. The bill includes dedicated funding for public education campaigns and substance abuse prevention.  Further, the legislation will mandate rigorous testing of all cannabis products by independent, certified laboratories to ensure product safety, potency, and purity. Strict standards will be enforced to prevent falsified results or conflicts of interest, and testing facilities will be subject to regular audits and state oversight.

The State House of Representatives voted 102-101 to approve the Cannabis Health and Safety Act, which would have established a legal cannabis retail market overseen by the Pennsylvania Liquor Control Board. 

The measure advanced to the State Senate, but failed to make it out of the Senate’s Law and Justice Committee, which voted 7-3 to reject it on May 12. Committee chairman Dan Laughlin, who called the bill “dead on arrival” prior to the committee vote, said there were aspects of the legislation he supported, but having the Liquor Control Board sell marijuana through state-owned dispensaries was a non-starter.

Flynn’s new bill would expand oversight of the industry beyond the Liquor Control Board. 

“The Cannabis Health and Safety Act would have utilized the Liquor Control Board system for retail sales purposes. Conversely, Keystone Cannabis Act will provide for an independent commission for oversight and regulatory purposes.  Its objective would go far and beyond the scope of retail sales.  The Keystone Cannabis Commission would provide the regulatory framework for how cannabis is grown, tested, packaged, sold, and purchased in the Commonwealth,” a member of Flynn’s staff told FOX43. 

“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 in the memo. “A regulated market also helps eliminate the black market and improves consumer safety.”