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Pennsylvania: Senate Flip Provides Pathway for Adult-Use Legalization
November 9, 2026 - Norml
Pennsylvania Democrats will have single-party legislative control next year, raising expectations that lawmakers will pass legislation regulating the adult-use cannabis market.
“For far too long, Pennsylvania has existed as an island of cannabis prohibition,” NORML’s Deputy Director Paul Armentano said. “Lawmakers and regulators have already established that they can safely and effectively regulate the medical cannabis market. It is high time for them to act upon legislation to similarly regulate the adult-use market and put an end to the failed policy of marijuana prohibition in the Keystone state.”
Both Governor Josh Shapiro and members of the House have repeatedly pushed for legalization. On multiple occasions, Governor Shapiro has included legalization language in state budget proposals — only to have the language removed by members of the Republican-controlled Senate. Last year, House members advanced an adult-use legalization bill, but it ultimately stalled in the Senate. A separate bi-partisan adult-use legalization bill was also introduced in the Senate last year, but it failed to receive a vote.
In September, House Speaker Joanna McClinton said that legalization legislation would have a realistic pathway if Democrats flipped the Senate.
In the days following the midterm election, spokespersons for the Pennsylvania Cannabis Coalition and ResponsiblePA have called upon Democratic leadership to make legalization a priority next year.
Statewide polling conducted this spring reported that nearly seven in ten Pennsylvania voters support regulating and taxing the adult-use marijuana market.
Under state law, marijuana possession is classified as a criminal misdemeanor, punishable by up to 30 days in jail and a $500 fine. In 2025, just under 11,000 Pennsylvanians were arrested for marijuana possession offenses – the fifth highest total of any state in the nation.
Pennsylvania is one of several states where reform-friendly candidates gained significant victories in the mid-term election. For example, in Wisconsin, incoming governor David Crowley has also publicly endorsed “full legalization.” In Iowa, Governor-elect Rob Sand has called for regulating marijuana like alcohol. In Kansas, Democratic gubernatorial candidate Cindy Holscher campaigned on legalizing marijuana. Holscher holds a slight lead in the Governor’s race with over 99 percent of votes counted.
In Texas, both Gov. Greg Abbott and Lt. Gov. Dan Patrick lost their reelection bids. Patrick had championed efforts to impose stricter criminal penalties on certain hemp and marijuana products. Incoming Gov. Gina Hinojosa has expressed support for “giving the people of Texas a direct right to vote on the future of THC.” The state will also have a new Attorney General next year. Former state AG Ken Paxton, who lost his bid for a US Senate seat, had previously sued several cities to rescind voter-approved marijuana deprioritization ordinances.
Additional information on Election Day results is available from NORML’s Election Central.
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