Vote Smart's Synopsis:

Vote to pass a bill that authorizes recreational cannabis use for adults ages 21 and older in Pennsylvania.

Highlights:

• Defines a “personal amount of cannabis” as (Sec. 102):

• 42.534 grams or less of cannabis flower;

• 5 grams or less of cannabis concentrate;

• Any amount of cannabis product that is not a concentrate that contains no more than 500 milligrams of THC; or

• An equivalent amount of a combination of cannabis flower, cannabis concentrate, and cannabis product.

• Authorizes the following acts related to the regulation and treatment of cannabis (Sec. 201):

• The regulation of cannabis by the Liquor Control Board;

• The cultivation and processing of cannabis;

• The sale of cannabis flower, cannabis products, and cannabis paraphernalia;

• The sale of cannabis seeds to home cultivation permittees;

• The purchase, possession, consumption, display, and transport of a personal amount of cannabis by a consumer;

• The purchase, possession, and use of cannabis paraphernalia by an individual 21 years of age or older; and

• The home cultivation of two immature and two mature cannabis plants by a home cultivation permittee.

• Exempts the following acts from offense under the Controlled Substance Act (Sec. 202):

• The possession of a personal amount of cannabis;

• The sharing of a personal amount of cannabis, so long as it is not for personal sale; and

• The cultivation, processing, delivery, transport, display, sale, or testing of cannabis, cannabis flower, or cannabis products by a licensed or permitted individual.

• Prohibits employers from discriminating against an individual in hiring, terminating, or punishing an individual based on cannabis use outside of the workplace and work hours (Sec. 202).

• Prohibits the lawful purchase, possession, or consumption of cannabis from being the sole basis for a denial of custody or visitation of a minor (Sec. 202).

• Prohibits the denial of medical care based on an individual’s use of cannabis products (Sec. 202).

• Specifies the following regulations for the home cultivation of cannabis (Sec. 203):

• Cultivation must take place in an enclosed and secure space;

• Seeds must be purchased from a cannabis store, not transferred between other individuals;

• Cannabis plants must not be kept within public view;

• Cultivation may be prohibited by the owner, lessee, or other person in lawful possession of a private residence; and

• Cannabis plants must be reasonably secure from unauthorized access, including by individuals under the age of 21.

• Establishes a home cultivation permit, with regulations that are required to be specified by the Liquor Control Board, and which must be renewed annually with a $100 fee (Sec. 203).

• Classifies the cultivation and sale of cannabis by an individual who is not authorized to do so as a misdemeanor of the third or second degree, depending on the amount of cannabis in question (Sec. 204).

• Prohibits the consumption of a cannabis flower or cannabis product in a public space (Sec. 204).

• Requires cannabis convictions and sentences imposed on or before the effective date of this act to be vacated (Sec. 305).

• Specifies that money paid by an individual to comply with a sentencing order on or before the effective date of this act will not be refunded, but outstanding financial obligations related to court fees and costs will be made null (Sec. 305).

• Requires the expungement of criminal records for cannabis convictions if there are no other convictions related to a particular offense (Sec. 306).

• Requires the Administrative Office of Pennsylvania Courts to maintain records of cases that are vacated or expunged under this chapter (Sec. 307).

• Expands the Liquor Control Board to add two governor-appointed seats, one which requires expertise in cannabis markets, and one which requires expertise in public health (Sec. 402).

• Specifies that the Board will regulate the cultivation, sale, licensing, and price of cannabis products, and issue the proper certification, fees, taxes, and fines (Sec. 403).

• Requires the Board to establish, operate, and maintain cannabis stores throughout the state (Sec. 501).

• Establishes the Office of Social and Economic Equity within the Liquor Control Board (Sec. 602).

• Prohibits individuals with certain felony convictions from obtaining a certification or license related to cannabis cultivation or sales under this act (Sec. 701).

• Establishes an excise tax at the rate of 12% of sales price for regulated cannabis sold by cannabis stores (Sec. 1102).

• Establishes the Cannabis Revenue Fund which consists of the revenue from excise taxes on regulated cannabis, and which will be distributed for the following (Sec. 1201):

• Costs incurred in the administration of this act;

• Costs incurred by the Office of Social and Economic Equity; and

• The remainder as follows:

• 50% to the Communities Reimagined and Reinvestment Restricted Account;

• 10% to the Substance Use Disorder Prevention, Treatment and Education Account;

• 5% to the Cannabis Business Development Fund;

• 2.5% to the Pennsylvania Minority Business Development Authority;

• 2% to the Administrative Office of Pennsylvania Courts; and

• Any leftover to the General Fund.

Full Bill Text