On Thursday, five state senators introduced Senate Bill 846. The bipartisan legislation aims to legalize the recreational use of cannabis for Pennsylvanians 21 years old and older.
Democratic Sen. Sharif Street from Philadelphia and Republican Sen. Dan Laughlin originally announced their partnership for this bill in May. Sens. Wayne Fontana, John Kane, and Timothy Kearney are now part of the coalition introducing the bill to the General Assembly.
If approved, the legislation will enact various changes, including the creation of a Cannabis Regulatory Control Board.
What changes if Bill 846 is approved?
One of the biggest implications will be the decriminalization of marijuana, resulting in the Pennsylvania State Police and the Administrative Office of Pennsylvania Courts striking out nonviolent marijuana offenses.
This means that people who were arrested or convicted for a nonviolent marijuana-related offense under the 1972 Controlled Substance, Drug, Device, and Cosmetic Act could get their records expunged.
For Street, this will be a “singular opportunity to correct decades of mass incarceration, disproportionate enforcement against marginalized communities, the criminalization of personal choice, and the perpetuation of violence.” He insists that passing the legislation can contribute to funding education and lowering property taxes.
Street’s statement was backed by Laughlin after the Pennsylvania Independent Fiscal Office estimated that the legal use of marijuana can potentially generate between $400 million to $1 billion in new tax revenue for the state.
Under the bill, marijuana consumers will pay an 8% sales tax, and retailers will be charged a 5% tax on cannabis sales. The Cannabis Regulatory Control Board will be in charge of processing permits and applications for dispensaries.
Those who meet the age requirement will be allowed to have cannabis in their possession without penalization. But there are limits.
For people who prefer edibles, cannabis-infused products, or other cannabis forms containing THC, the ceiling is 1,000 milligrams of THC and five grams of cannabis concentrate.
If you have cannabis flower, the limit is 30 grams. But only people who need cannabis for medical reasons will be allowed to grow it; even then, they will be limited to five plants that can be only for personal use.
Despite opening the market for legal cannabis, the bill makes it clear that marijuana products cannot be marketed to children, and packaging must warn as such.
What you can and can’t do under this legislation
The 244-page bill covers the ins and outs of what the use of recreational marijuana will look like in Pennsylvania.
❌People can’t have cannabis or use it in a school bus, on school grounds, in correctional facilities, inside the car (unless it’s in a cannabis container that you can’t access while driving), or in a private house that functions as a child-care facility or provides any type of care services.
❌You won’t be able to legally partake if you are in “close physical proximity” to anyone younger than 21.
❌ It will still be illegal to consume cannabis while driving any form of transportation.
✔️Your marijuana consumption will not be a reason why you can’t lawfully own firearms.
✔️In child-custody cases, legally buying cannabis or being known to have it can’t be a determining factor for custody matters.
✔️When it comes to child welfare, smoking weed can’t be the sole basis for child welfare services or juvenile court to have a case.
✔️Landlords can’t deny renting you a home based on your cannabis consumption.
How likely is the bill to pass?
A project like this was previously introduced to the Senate floor during the 2021-2022 legislative year, by most of the current sponsors.
At the time, the legislation didn’t pass.
After updating the plan, Laughlin maintains that the “legalized adult use of marijuana is supported by an overwhelming majority of Pennsylvanians” — a statement that a 2022 poll from CBS confirms with 66% of Pa. residents voting in favor of the legalization of recreational cannabis.
For now, the bill awaits further proceedings in the Senate’s Law and Justice Committee.
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