Democrats flipped the Pennsylvania Senate and took both chambers of the Wisconsin Legislature in the Nov. 3, 2026 election, and both states also elected Democratic governors. Neither state has legalized adult-use marijuana, and legalization supporters now see an opening that did not exist a week ago. Nothing has changed in the law yet, and the obstacles are different in each state.
What happened in Pennsylvania
PhillyVoice reported on Nov. 4 that Democrats flipped four state Senate seats for a 26-24 majority and expanded their House majority to at least 111 seats, with four House races still uncalled. The same report says Gov. Josh Shapiro, a Democrat, won re-election over Republican Stacy Garrity. The Senate had been under Republican control for decades.
Shapiro has long backed legalization and has put it, along with expected revenue, in his budget proposals, according to Marijuana Moment’s post-election report. The state House passed a bill last year to legalize marijuana sales through state-run dispensaries, but it stalled in the Senate.
Two Senate proposals illustrate where the debate stands:
- SB 120, sponsored by Sen. Sharif Street (D), would let adults 21 and older possess up to 30 grams of flower, 1,000 mg of THC in edibles and 5 grams of concentrate. It includes expungement and an 8% excise tax on top of the 6% sales tax.
- SB 49, sponsored by Sen. Dan Laughlin (R), would create a seven-member Cannabis Control Board for medical marijuana and hemp and restrict most hemp THC products. It failed on the Senate floor in June, though a motion to reconsider was adopted.
What is still in the way in Pennsylvania
The new majority does not take effect immediately, and Republicans are not conceding the issue. Senate Majority Leader Joe Pittman (R) has said he does not expect legalization this year and that the state should wait for further federal changes, per Marijuana Moment. Garrity, who lost, had pledged to veto a legalization bill; that threat no longer applies with Shapiro in office. Hemp THC regulation and the structure of any regulatory board also remain unresolved.
No timeline for a vote has been announced. Any bill would still need to move through committees and floor votes in both chambers.
What happened in Wisconsin
Wisconsin has neither a medical nor an adult-use marijuana program. According to Wisconsin Public Radio’s election breakdown, Democrat David Crowley, the Milwaukee County executive, won the governor’s race by about 8 points. Democrats also flipped three state Senate seats for an 18-15 majority and eight Assembly seats to reach 53 of 99.
Crowley told Marijuana Moment during the campaign that the state should move toward full legalization with guardrails for children and accurate product labeling. He estimated legalization could raise $80 million to $170 million, directed to health care and free pre-kindergarten, according to Marijuana Moment. Republican nominee Tom Tiffany supported medical cannabis but was more cautious on adult use.
Republican legislative leaders blocked earlier efforts, including Democratic legalization bills and a bipartisan decriminalization bill filed in 2026. A limited GOP-led medical bill cleared one committee this session but went no further. A 2023 Department of Revenue fiscal estimate projected nearly $170 million in annual tax revenue from a legalization bill, and a Marquette Law School poll last year found about two in three Wisconsin voters support legalization, as reported by Marijuana Moment.
What this means for legalization
The election removed the main structural barrier in both states: Republican leaders who controlled which bills reached a vote. It did not pass a law. Legalization requires a bill, committee action, floor votes in both chambers and a governor’s signature, and the new lawmakers have not yet acted on any proposal.
Federal policy is also part of the backdrop. Pennsylvania’s Pittman has tied the timing to federal action, and Shapiro’s office has pointed to federal rescheduling developments as support for his push. Rescheduling would not by itself make state-level legalization lawful or unlawful, since state law is separate. For a state-by-state baseline, see our guide to where cannabis is legal in 2026.
The result also contrasts with the same election in Massachusetts, where voters rejected a ballot measure to repeal legal sales.
What happens next
- Watch for bill introductions or committee scheduling in Pennsylvania once the new Senate majority is seated, and whether Pittman softens his position.
- Watch whether Wisconsin Democrats prioritize legalization in the next budget or a standalone bill, and whether any Republicans join.
- Expect the debate over hemp THC rules to run alongside it in both states.
Seat counts are based on post-election reporting; some House races in Pennsylvania were not yet called, and final certified results may differ.
Sources
- PhillyVoice: Pennsylvania House and Senate Democratic majorities
- Wisconsin Public Radio: Understanding the 2026 midterm election results
- Marijuana Moment: Pennsylvania is teed up to finally legalize marijuana
- Marijuana Moment: Wisconsin could legalize marijuana under new Democratic control
