A recent analysis indicates that Pennsylvania’s plan for state-run marijuana sales would violate federal drug laws. This analysis was commissioned by the Pennsylvania Cannabis Coalition (PCC), which includes many multistate operators currently holding medical cannabis licenses in the state.
State lawmakers have signaled their intention to reintroduce a proposal for adult-use marijuana legalization. This proposal would limit sales to state-run retail outlets managed by the Pennsylvania Liquor Control Board, similar to how alcohol is sold in the state. However, this approach would exclude the multistate operators that are currently selling medical cannabis.
The analysis conducted by the Philadelphia law firm Kleinbard outlined that the state liquor authority would need to “distribute, or dispense, or possess with intent” to sell recreational marijuana. While it is true that all state adult-use markets technically violate federal law, Kleinbard described the state-run sales model as “fundamentally defective,” according to a report by Green Market Report.
Pennsylvania has a thriving medical marijuana market, generating annual sales of approximately $1.7 billion. Yet, it is also among the states where the cannabis industry is eager to see adult-use sales initiated. Experts estimate that adult-use legalization in Pennsylvania could lead to sales reaching $2.8 billion within just one year.
In contrast, Canada operates state-run retailers for cannabis, but the drug is federally legal there. Although several U.S. states restrict liquor sales to state-run stores, no state has yet attempted this model with marijuana sales.