Pennsylvania Voters Prefer Private Businesses for Cannabis Sales, New Poll Shows

As Pennsylvania lawmakers deliberate the future of marijuana legalization, a recent poll shows that voters overwhelmingly favor the idea of cannabis being sold by licensed private businesses instead of a government-run model. This shift in public opinion highlights growing concerns regarding the efficacy and fairness of a state-controlled cannabis retail system, especially as legal experts argue that such an approach could be preempted by federal law.

Pennsylvania Voters Overwhelmingly Support Legalizing Marijuana and Favor Private Sales Model Over State-Controlled Stores

The new poll, conducted by Change Research and commissioned by the advocacy group Responsible PA, reveals that 74 percent of voters in Pennsylvania support legalizing adult-use cannabis. This result affirms findings from previous surveys, which have shown a strong majority of the state’s residents backing marijuana legalization. However, what sets this poll apart is its focus on the structure of the potential recreational market, specifically how marijuana should be sold.

The survey asked voters to choose between two different regulatory frameworks for marijuana sales: one where cannabis is sold through private businesses, and the other where it is distributed through state-run stores, akin to how Pennsylvania handles alcohol sales. Results showed a clear preference for the private market. Initially, 51 percent of respondents favored the privatized model, while just 25 percent supported a state-controlled approach.

Survey Findings Indicate Strong Support for Privatized Cannabis Retail Model Among Democrats, Independents, and Republicans

When participants were given further information about the two options, including the benefits of privatization, such as increased competition and local economic growth, support for the private model grew to 57 percent. Meanwhile, the state-run model continued to be favored by only 25 percent of those surveyed. This indicates a significant shift in public sentiment toward a commercial, privatized cannabis industry rather than a state-controlled monopoly.

Interestingly, support for the private model transcends party lines, with majorities of Democrats (49 percent), Independents (54 percent), and Republicans (67 percent) all backing private retail implementation. Additionally, 68 percent of voters expressed concerns that a state-run system would restrict business opportunities and limit economic growth, while a similar percentage of respondents (68 percent) believed a private model would keep more money in local communities.

Majority of Pennsylvania Voters Support Immediate Access to Legal Cannabis Through Existing Medical Dispensaries

The poll also gauged public opinion on the timeline for legal cannabis sales and found that 61 percent of voters support allowing existing medical cannabis dispensaries to begin serving adult consumers as soon as legalization is enacted. Moreover, 63 percent of respondents agreed that Pennsylvania should move forward with cannabis legalization in 2025, citing economic benefits, improved access for patients, and the need to combat the illicit market.

However, not all voters are in favor of swift legalization. About 30 percent of respondents indicated that lawmakers should take more time for research and planning before moving forward with legalization, and 7 percent were undecided on the issue.

Voters Agree on How Cannabis Tax Revenue Should Be Allocated: Focus on Public Education, Infrastructure, and Treatment Programs

When asked how the tax revenue from marijuana sales should be allocated, 61 percent of voters said they would like to see it invested in public education. Other popular choices included infrastructure improvements (53 percent), substance misuse treatment (47 percent), and law enforcement funding (41 percent). This reflects the public’s desire to ensure that the financial benefits of legalization are directed toward critical social programs and community development.

Legal Memo Warns That State-Run Cannabis Model Could Violate Federal Law

In addition to the survey results, ResponsiblePA circulated a legal memo prepared by Kleinbard LLC, a law firm specializing in cannabis regulation. The memo concluded that a state-run cannabis retail system in Pennsylvania would likely violate federal law due to preemption issues. Specifically, the memo asserts that state-run cannabis sales would require direct action by state officials that contravenes the Controlled Substances Act (CSA), which remains in effect at the federal level.

The memo highlights that, under a state-controlled system, Pennsylvania officials would be directly responsible for the procurement, marketing, distribution, and sale of cannabis, actions that are prohibited by federal law. This legal analysis casts doubt on the viability of a state-run approach, especially as courts have repeatedly invalidated provisions that require state officials to engage in actions prohibited by federal law.

Pennsylvania Lawmakers Continue Debate Over Cannabis Legalization Model

Amid these developments, Pennsylvania House Speaker Joanna McClinton (D) indicated that Democrats are ready to pass a marijuana legalization bill this legislative session but emphasized that bipartisan support would be necessary to move the proposal forward. While surveys show broad public support for legalization, the issue has faced significant opposition in the Republican-controlled legislature, which has stalled progress in recent sessions.

Not all Republicans are against legalization, however. Some GOP lawmakers have suggested that their party should seize the opportunity to support cannabis reform as a means of capturing the issue from Democrats. Representative Rick Krajewski (D) has also advocated for legalization, emphasizing the need for a more responsible system for cannabis use compared to the current status quo, which leaves consumers dependent on the illicit market or forced to cross state lines to obtain regulated cannabis products.

Cannabis Legalization in Pennsylvania Faces Hurdles But Continues to Gain Momentum

In the meantime, separate legislation aimed at strengthening the state’s medical cannabis program is moving through the legislature. This measure, sponsored by Rep. Dan Frankel (D), seeks to enhance testing compliance, product audits, and lab inspections to improve safety and oversight in the medical marijuana industry.

Governor Josh Shapiro has also weighed in on the issue, calling for Pennsylvania to move forward with adult-use legalization. In a recent interview, he noted that neighboring states have already enacted legal cannabis programs, while Pennsylvania continues to miss out on potential tax revenue and economic benefits.

Despite opposition from some Republican lawmakers, including the state’s attorney general, who has raised concerns about potential public safety risks, the growing momentum for legalization suggests that Pennsylvania may soon join the ranks of other states with legal cannabis markets. However, the question remains: will Pennsylvania adopt a private, commercial model favored by voters, or will lawmakers push for a state-run system that could face significant legal challenges?

The future of cannabis legalization in Pennsylvania remains uncertain, but one thing is clear: voters are strongly in favor of a model that promotes local businesses and economic growth, while limiting government control over cannabis sales.