Cannabis in Pennsylvania
Cannabis in Pennsylvania is illegal for recreational use, but possession of small amounts is decriminalized in several of the state's largest cities. Medical use was legalized in 2016 through a bill enacted by the state legislature.
Medical use legalized (2016)
On April 17, 2016, Gov. Tom Wolf signed Senate Bill 3 to legalize the medical use of cannabis. The bill allowed the use of cannabis with a physician's approval for treatment of 17 qualifying conditions listed in the bill. It also set up a state-licensed system for the distribution of cannabis to patients, with the requirement that only non-smokable forms be sold. A 5% tax rate was imposed on sales between growers, processors, and dispensaries. No allowance for home cultivation was made.Senate Bill 3 passed the House by a 149-46 vote and the Senate 42–7. Its primary sponsor was Republican Sen. Mike Folmer, who later admitted to using cannabis during his time in office in order to alleviate the effects of chemotherapy treatment. Upon its enactment, Pennsylvania became the 24th state to legalize cannabis for medical use.
Statewide listening tour (2019)
In December 2018, during a Q&A session with constituents on Twitter, Gov. Wolf tweeted: "I think it is time for Pennsylvania to take a serious and honest look at recreational marijuana." One month later, Wolf announced a statewide tour by Lieutenant Governor John Fetterman to gather public input on the idea. Said Wolf: "We could choose to ignore what's going on in the world and just pretend that nothing has happened, nothing has changed, or we can actually open our eyes and ears and say, 'let's go out and ask—let's find out. The 70-stop tour kicked off February 11 in Harrisburg and ended May 19 in Philadelphia.A final report detailing the results of the listening tour was released to the public on September 25, 2019. Gov. Wolf and Lt. Gov. Fetterman announced at a press conference that of the more than 10,000 people that attended the listening tour, 68% were in favor of recreational legalization and there was near unanimous support for decriminalization. With the release of the report, the governor and lieutenant governor also called for three actions to be taken by the state legislature:
- Passage of legislation to decriminalize possession of small amounts of cannabis.
- Passage of legislation to expunge prior cannabis convictions.
- Debate and consideration of legislation to legalize cannabis for recreational use.
Municipal reforms
Jurisdictions in the below table have revised their municipal ordinances to lessen penalties for cannabis offenses. Police still retain the ability to charge individuals under state law, however. In Allentown and part of Bethlehem, police officials have said they will enforce state law only per the directive of Lehigh County District Attorney Jim Martin.Municipality | Date | Policy reform |
Philadelphia | September 2014 | City council voted 13–3 to decriminalize up to 30 grams, punishable by a $25 fine. |
Pittsburgh | December 2015 | City council voted 7–2 to decriminalize up to 30 grams, punishable by a $25 fine. |
Harrisburg | July 2016 | City council voted unanimously to decriminalize small amounts, punishable by a $75 fine. |
State College | August 2016 | City council voted 5–2 to decriminalize up to 30 grams, punishable by a $250 fine. |
York | July 2017 | City council voted 4–1 to decriminalize up to 30 grams, punishable by a $100 fine. |
Erie | January 2018 | City council voted unanimously to decriminalize up to 30 grams, punishable by a $25 fine. |
Allentown | May 2018 | City council voted 4–3 to decriminalize up to 30 grams, punishable by a $25 fine for a first offense. |
Bethlehem | June 2018 | City council voted 6–0 to decriminalize up to 30 grams, punishable by a $25 fine for a first offense. |
Lancaster | September 2018 | City council voted 6–1 to decriminalize small amounts, punishable by a $25 fine for a first offense. |
Steelton | March 2019 | Borough council voted 5-0 to decriminalize up to 30 grams for a first offense, punishable by a $25–$100 fine. |
On January 20, 2015, Constable Ed Quiggle, Jr. of Sunbury signed the Compassionate Medical Cannabis Reform Resolution, making it official policy for the Office of Constable for the 9th Ward of the City to not enforce or cooperate in the enforcement of any acts which prohibit, penalize, or criminalize the possession, cultivation, or use of medical cannabis, hemp, cannabinoids, and other illegal or experimental drugs, becoming the first law enforcement agency in Pennsylvania, and perhaps the first in the United States, to enact such a policy.