There’s A Path Forward For Marijuana Legalization In Pennsylvania Even After Omission From Budget Deal, Lawmakers Say

Marijuana legalization did not make it into the Pennsylvania legislature’s
final budget deal, despite the governor’s push for the reform. But several
House and Senate lawmakers tell Marijuana Moment that they see a path
forward to end criminalization in the fast-approaching 2026 session.

While Gov. Josh Shapiro (D) said in August that he wouldn’t “concede” on
his plan to legalize adult-use cannabis through the budget amid GOP
opposition, he ultimately accepted the plan that lawmakers advanced without
marijuana policy components, signing the legislation on Wednesday.

That didn’t come as a particular surprise to many legislators. Several past
attempts to enact legalization through the budget process have failed, and
the idea of adding the reform amid a months-long stalemate on broader
economic policies was met with resistance—particularly in the
GOP-controlled Senate.

House Health Committee Chairman Dan Frankel (D) told Marijuana Moment on
Thursday 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.

“This year’s protracted budget fight, in the midst of a federal government
shutting down and terminating some of our most vital services, has
demonstrated the urgent need for sustainable new sources of state revenue,”
Krajewski said. “We must act swiftly. I urge the Senate to come to the
table and negotiate a solution.”

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.”

Unlike Frankel, who seemed sour on the prospects of the Senate getting on
board with legalization under Republican control, Kinkead said she
“actually may be a little bit more optimistic than I think a lot of other
people are—but I think the reality is that most people have accepted that
legalization is not an ‘if’ but a ‘when.'”

“We’ve gotten this budget done now, and we’re basically going to go
immediately into working on the next budget. But we need revenue. We need
to increase our revenue, and nobody is terribly interested in trying to
increase taxes, so we have to get creative and come up with other other
ways of bringing in revenue,” she said. “Recreational marijuana is one.
Regulating skill games is another one. We weren’t able to get those done in
this budget, but I think that all of the pieces are there to be able to get
it done for next year.”


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Sen. Sharif Street (D), who has also sponsored adult-use legalization
legislation, echoed that point, emphasizing 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 comes 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.

Sen. Dan Laughlin (R), who backs legalization and has joined Democratic
members on reform legislation, sponsored that bill. He and his staff didn’t
respond to a request for comment from Marijuana Moment on Thursday.

Asked about Laughlin’s proposal to create a Cannabis Control Board, Kinkead
said she supports the interim step as legislators work to reach consensus
on adult-use legalization.

“I think that having a specialized, independent regulating body makes a lot
more sense” than having the state Department of Health fully oversee the
state’s cannabis market, she said. “It’s an important step in the right
direction. If we are able to even just do that right now, I think that
makes the process of legalizing recreational a lot cleaner and faster.”

“Pa budget crisis isn’t going away… Instead of raising taxes or cutting
vital programs, lawmakers could choose a path that supports small
businesses, creates family-sustaining jobs, and addresses public safety
concerns through a regulated marketplace." https://t.co/DJz4o4fS6z

— ResponsiblePA (@ResPaCannabis) November 12, 2025

The cannabis industry association Responsible PA said in a statement after
the budget passed without legalization that “Pennsylvania’s budget crisis
isn’t going away, as this deal simply kicks the can down the road when full
cannabis regulation is a ready-made solution.”

“Instead of raising taxes or cutting vital programs, lawmakers could choose
a path that supports small businesses, creates family-sustaining jobs, and
addresses public safety concerns through a regulated marketplace,” it said.
“Our neighbors have done it successfully—Pennsylvania can too.”

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.

Laughlin, 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.”

The Democratic-controlled House, however, has already advanced a
legalization proposal this session that called for a state-run sales model.
That measure was quickly quashed in Laughlin’s Senate committee, however,
with the GOP lawmaker and others insisting that a more traditional approach
of licensing privates businesses would have a better shot.

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

Meanwhile, bipartisan Pennsylvania senators last month 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 Philip Steffan.*

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Even After Omission From Budget Deal, Lawmakers Say appeared first on Marijuana
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