Pennsylvania House Passes Partisan Cannabis Legalization Bill by Narrow Margin

In a historic yet highly contentious move, the Pennsylvania House of Representatives passed a sweeping adult-use cannabis legalization bill on May 6 by the narrowest of margins—102 to 101. The vote, carried entirely along party lines, saw Democrats push the bill through without a single Republican in support.

House Bill 1200, sponsored by Rep. Rick Krajewski (D-Philadelphia) and Rep. Dan Frankel (D-Allegheny), proposes a bold and unconventional model for cannabis sales, establishing a state-run dispensary system under the oversight of the Pennsylvania Liquor Control Board (PLCB).

Groundbreaking Proposal Introduced and Passed in Just Three Days

H.B. 1200 was introduced during a non-voting session on Sunday, May 4. Within 48 hours, it was advanced by the House Health Committee—chaired by co-sponsor Frankel—and then swiftly passed on a second reading on May 6. The bill must still undergo a third and final reading before it can be officially transmitted to the Senate.

The speed of the legislative process drew sharp criticism from Republican lawmakers. Rep. Charity Krupa (R-Fayette) denounced the fast-tracked proceedings as “a slap in the face” to the legislative process.

Key Provisions: Possession, Cultivation, and a State-Controlled Retail System

If enacted, H.B. 1200 would allow adults 21 and older in Pennsylvania to possess up to:

42.5 ounces of cannabis flower

5 grams of concentrate

500 milligrams of THC in infused products

In addition, home cultivation would be permitted with a $100 annual permit, allowing two mature and two immature cannabis plants per household.

Perhaps the most distinctive element of the bill is the proposed state-run dispensary model, where the PLCB would oversee cannabis retail operations. This approach is a departure from other U.S. states that have legalized adult-use cannabis through private retail markets.

Restrictions and Safety Measures: Limits on THC and Marketing Rules

To promote public safety and responsible consumption, the legislation imposes strict potency caps:

25% THC for flower

200 milligrams per package of concentrates

5 milligrams per serving and 25 milligrams per package for edibles and other products

Additional regulations include marketing restrictions, mandatory child-resistant packaging, and bans on retail locations within 1,000 feet of schools and daycare centers.

Criminal Justice Reform and Economic Equity Are Central to the Bill

Krajewski emphasized the social justice focus of the bill. Key pillars include:

Automatic expungement of nonviolent cannabis offenses

Reinvestment of cannabis tax revenue into disproportionately impacted communities

Priority licensing and contracting opportunities for minority and local entrepreneurs

Projected Revenues Could Exceed $500 Million Annually

Supporters of the bill estimate the hybrid state-and-private model could generate over $500 million annually. The bill includes a 12% excise tax on adult-use cannabis sales, in addition to program fees and product pricing.

Funds collected would be allocated as follows:

50% to a Communities Reimagined and Reinvestment Fund

10% to substance abuse prevention and treatment

5% to cannabis business development

2.5% to minority business support

2% to fund expungements

Remaining proceeds to Pennsylvania’s General Fund

Licensing Framework: Tiered System with Focus on Equity and Local Business

H.B. 1200 outlines an expansive licensing framework for the private sector to handle production and logistics, while the state manages retail. License categories include:

50 Category I cultivators (up to 125,000 sq. ft.)

50 Category II micro-cultivators (up to 14,000 sq. ft.)

50 processors and 50 micro-processors

50 transporters

On-site consumption lounges

Worker cooperatives

Social equity applicants would receive scoring advantages in the Category I application process, while lotteries would be used for other license types.

Civil Penalties for Public Use and Federal Legal Concerns Remain

The bill maintains civil penalties for public cannabis consumption, including:

$100 fine for a first offense

Up to $200 fine for repeated violations

Despite the bill’s state legality, federal prohibition continues to pose legal risks—particularly regarding the state-run retail model.

Cannabis Arrests Still High Under Current Law Despite Decriminalization in Some Cities

Under existing state law, cannabis possession—even in small amounts—remains a criminal offense. More than 11,000 arrests occurred in 2023 for cannabis possession in Pennsylvania, according to national law enforcement data.

Penalties range from a $500 fine and up to 30 days in jail for possession of less than 30 grams, to one year in jail and a $5,000 fine for larger quantities.

Governor Shapiro Backs Legalization but Proposes a Higher Tax Rate

Governor Josh Shapiro, a Democrat, has expressed strong support for cannabis legalization in his last two budget addresses. In February 2025, he proposed a 26% excise tax, more than double the rate included in H.B. 1200.

Shapiro warned that neighboring states with legal cannabis are already reaping tax revenue while Pennsylvania lags behind: “We’re losing out on revenue that could be helping us right here.”

Senate Republicans Hold the Keys as Bipartisan Bill Emerges in the Upper Chamber

While H.B. 1200 may pass the House, its future in the Republican-controlled Senate remains highly uncertain. With a 27-23 GOP majority, partisan bills face long odds unless they secure bipartisan backing.

However, a bipartisan legalization bill is in development in the Senate, co-sponsored by Sen. Sharif Street (D-Philadelphia) and Sen. Dan Laughlin (R-Erie)—the latter being a rare Republican advocate for adult-use cannabis reform.

Laughlin’s involvement signals that compromise may still be possible in the upper chamber, but significant policy differences—especially over the state-run model will need to be reconciled.

A Bold Yet Polarizing Step Toward Cannabis Reform in Pennsylvania

With the passage of H.B. 1200 in the Pennsylvania House, the state has taken a significant—if controversial—step toward legalizing adult-use cannabis. The bill blends progressive justice reforms with an experimental retail model unseen elsewhere in the U.S.

As it heads to a more skeptical Senate, the legislation’s fate now rests on whether bipartisan cooperation can overcome ideological divides and whether lawmakers are ready to make Pennsylvania a pioneer in state-run cannabis retail.