Pennsylvania Governor Candidates Stake Out Cannabis Positions Ahead of 2026 Race

Adult-Use Legalization Remains Central Dividing Line

Shapiro continues to back adult-use legalization with social-equity provisions, while Garrity opposes recreational reform and emphasizes enforcement of existing medical-cannabis rules. Shapiro, who campaigned on legalization in 2022, has reiterated support for a regulated adult-use market with automatic expungement and equity licensing. His administration hasn't yet submitted formal legislation, but budget proposals have included revenue projections from cannabis taxes.

Garrity opposes adult-use legalization on public-health grounds. The former state representative has signaled openness to expanding Pennsylvania's existing medical-cannabis program, which launched under the Medical Marijuana Act (Act 16 of 2016), but has ruled out recreational sales.

Hemp Regulation Emerges as Flashpoint

Both candidates agree Pennsylvania's hemp industry requires stricter oversight, but differ on enforcement timelines and delta-8 THC product bans. Pennsylvania's hemp sector has grown rapidly since the 2018 Farm Bill legalized hemp cultivation. The state has faced compliance challenges with intoxicating hemp-derived cannabinoids sold in gas stations and convenience stores.

Shapiro's administration has proposed amending Act 16 to clarify that intoxicating hemp products fall under the Pennsylvania Department of Agriculture's jurisdiction and require testing. Garrity? He's called for an outright ban on delta-8 THC and other semi-synthetic cannabinoids, citing youth-access concerns. Neither candidate has proposed specific rule text.

Expungement Policy Draws Bipartisan Interest

Shapiro has prioritized automatic expungement for low-level marijuana possession convictions; Garrity supports case-by-case review but opposes blanket relief. Pennsylvania's Clean Slate law (Act 56 of 2018) allows automatic sealing of certain misdemeanor convictions after ten years. Marijuana possession remains excluded. Shapiro has proposed amending the statute to include summary and misdemeanor cannabis offenses.

Garrity has stated he'd support expungement petitions reviewed by district attorneys, but opposes automatic relief without prosecutorial input. The distinction matters for scale: Pennsylvania courts recorded roughly 20,000 marijuana possession charges annually between 2016 and 2020, according to the Pennsylvania Commission on Sentencing.

The policy gap between the candidates reflects a broader tension in Pennsylvania politics—urban and suburban voters favor legalization by wide margins, while rural counties remain skeptical of regulatory capacity and enforcement costs.

Revenue Projections Fuel Budget Debate

Shapiro's budget office estimates adult-use cannabis could generate $250 million annually by fiscal year 2028; Garrity disputes the timeline and questions enforcement costs. The projection assumes a 15 percent excise tax on wholesale cannabis sales, mirroring structures in New Jersey and New York. Shapiro has proposed dedicating revenue to public education and restorative-justice programs.

Garrity argues the revenue estimate is speculative. It ignores startup costs for the Pennsylvania Liquor Control Board, which would oversee licensing under most legislative proposals. He's pointed to delays in New York's rollout as evidence that tax revenue materializes slower than advocates project.

Medical-Cannabis Expansion Finds Common Ground

Both candidates support adding qualifying conditions to Pennsylvania's medical program, though Garrity favors tighter physician oversight. Pennsylvania's medical-cannabis law currently lists 23 qualifying conditions, including chronic pain, PTSD, and cancer. Advocates have pushed to add anxiety and migraine disorders.

Shapiro has endorsed condition expansion and eliminating the requirement that patients re-certify annually with a physician. Garrity supports adding conditions but wants to preserve annual physician consultations. He opposes telemedicine certifications, which became widespread during the COVID-19 pandemic.

Interstate Compact and Federal Rescheduling

Pennsylvania's policy options may narrow or expand depending on DEA rescheduling and regional coordination with New Jersey, New York, and Delaware. The DEA's proposed rule to reschedule cannabis from Schedule I to Schedule III under the Controlled Substances Act (21 U.S.C. § 812) remains under review. Rescheduling wouldn't legalize adult-use sales but could ease banking and tax burdens under Internal Revenue Code Section 280E.

Shapiro has advocated for a regional cannabis compact to harmonize rules across the mid-Atlantic. Garrity hasn't addressed interstate coordination but has criticized New Jersey's market for undercutting Pennsylvania's medical program with lower prices and looser residency requirements.

What to Watch Through Election Day

The legislature remains the near-term variable. Pennsylvania's General Assembly has seen multiple legalization bills introduced since 2019. None have advanced past committee. Senate Bill 846, introduced in the current session, would create a regulated adult-use market with a 20 percent excise tax and social-equity licensing, but hasn't received a floor vote.

Polling through mid-2026 shows Pennsylvania voters favor legalization 58 percent to 34 percent, with independents breaking heavily in favor. Whether that translates to legislative action before the November election will shape how central cannabis policy becomes in the race. For full background on this story, see the CannIntel topic hub on Pennsylvania adult-use legalization.