Porch pirates, medical marijuana, and SEPTA crimes: A rundown of Pennsylvania’s new laws in 2024

It may be difficult for Pennsylvania politicians to pass a recreational marijuana law or to ban drivers from cruising in the passing lane, but they passed laws to recognize Certified Public Accountant Week and William Penn Landing Site in Chester Month.

A slate of recently passed legislation will affect millions of Pennsylvanians this year, ranging from addressing the rise of stolen packages by so-called porch pirates to rules governing medical marijuana. Here are some new laws to look out for as they take effect this year.

Effective: February

The new law, former Senate Bill 527, aims to “crack down on porch pirating,” according to its author, State Sen. Frank A. Farry (R., Bucks). According to the Philadelphia Police Department, more than 3,000 packages are stolen every year in the city. This law aims to lessen that number by increasing the penalties for mail theft.

According to the Pennsylvania Senate Republicans website, criminal charges for theft of mail were previously “based solely on the value of the item taken.” Under the new law, repeat offenses and high-value thefts can lead to felony charges.

For example, someone arrested on a third theft-of-mail offense or stealing mail, including packages valued at more than $2,000, can be charged with a third-degree felon, which carries a seven-year prison sentence and a $15,000 fine.

“With online shopping being a growing method of commerce, package thefts have been on the rise nationwide,” Farry said in a statement last month. “This bill focuses on repeat offenders by using a grading system that would increase the penalties if the thief had prior convictions for theft of mail.”

Effective: July

The new law, former Senate Bill 596, will lower the monetary threshold to charge someone with a felony for committing organized retail theft.

For a theft to be considered an organized retail theft, there must be an intent to resell the items. Shoplifting is different and usually refers to a person stealing items for personal use, not for resale.

Under the new law, a person can face a third-degree felony after being arrested for organized retail theft with stolen goods valued at $2,500 to $9,999. Before, the value of the stolen goods had to be $5,000 to $19,999 to be considered a third-degree felony.

Stealing goods valued at $10,000 to $49,999 would be a second-degree felony. Any organized retail theft of stolen goods valued at $50,000 or more would be a first-degree felony.

For example, a person charged with a third-degree felony for organized retail theft can get sentenced to up to seven years in prison and a $15,000 fine. A second-degree felony can lead to a prison term of 10 years with a $25,000 fine, according to Pennsylvania law firm Lampan Law. A first-degree felony charge could bring a sentence of 20 years in prison and a $25,000 fine.

While the Pennsylvania branch of the American Civil Liberties Union supports the “porch-piracy” law, it doesn’t support this law, previously citing that the legislation “relies on demonstrably failed ‘tough on crime’ policies in response to exaggerated industry claims of an organized retail theft ‘crisis.’”

According to research by the Council on Criminal Justice, retail theft across 24 major U.S. cities, including Pittsburgh, varies across different parts of the country, with some cities having fewer incidents of shoplifting than before the pandemic, while others, such as New York and Los Angeles, have seen some of the largest increases in shoplifting in the country in recent years.

In Philadelphia, retail thefts have risen steadily over the years, but many of the Philly suburbs are experiencing less shoplifting, according to a 2022 report by The Inquirer.

Effective: Immediately

The new law, former Senate Bill 414, expands access to sexual assault nurse examiner (SANE) programs at hospitals throughout Pennsylvania. SANE-trained nurses specialize in trauma-informed care and forensic nursing that provide more complete care for survivors of sexual assault.

Pennsylvania State University already runs the SAFE-T Program, which uses telehealth to connect patients with SANE-trained nurses during a hospital visit, especially useful in rural areas where SANE programs are more scarce. This telehealth program will be expanded. The law also allows more hospitals to establish SANE programs at their facilities and requires the department of health to publish a list of each county’s hospitals with SANE programs.

In Philadelphia, there is a SANE program at the Philadelphia Sexual Assault Response Center (PSARC) in West Philly. The Inquirer has a resource guide on where to find sexual assault support and counseling resources in the Philadelphia region.

Effective: February

The new law, former Senate Bill 683, introduced by State Sen. Doug Mastriano, will require hospitals to test for fentanyl and xylazine when giving a urine drug test to patients in an emergency room. The usual five-panel urine drug screening does not test for the synthetic opioid fentanyl or xylazine, the powerful animal tranquilizer also known as “tranq,” which has contaminated the drug supply in such places as Kensington.

Mastriano sees this legislation as an opportunity to save lives. ”Testing for fentanyl can mean the difference between life and death for someone who has unknowingly been poisoned with it,” he said in a statement before the law was passed.

However, some of Mastriano’s colleagues told the Center Square Pennsylvania news organization that they thought the legislation was one of many measures rushed through the legislative process on the final days of the 2023 General Assembly sessions. State Rep. Tim Twardzik (R., Schuylkill) cited concerns raised by nurses at Lehigh Valley Health Network that the legislation could lead to increased costs and a scramble to implement new mandatory testing.

Effective: March

The new law, former Senate Bill 773, allows all medical marijuana growers to sell their legal cannabis directly to approved Pennsylvania medical marijuana patients. Before this law, only five out of 25 cannabis growers in the state were allowed to sell directly to patients. All growers will be allowed to apply for and be awarded a license to open dispensaries. Independent dispensaries will also be allowed to apply for grower-processor licenses to cultivate their own medical marijuana.

According to the bill’s sponsor, State Sen. Chris Gebhard (R., Lebanon), the law aims to level the playing field for smaller, independent medical marijuana businesses in the state.

Although restrictions on medical marijuana are being loosened, what about recreational marijuana? The Inquirer spoke with state legislators, lawyers, and policy wonks last year about when Pennsylvania might legalize recreational cannabis, and the prospect was murky.

Effective: January

The new law, former Senate Bill 84, repeals a restriction found in Pennsylvania’s Public School Code of 1949, which prohibits public school teachers from wearing “any dress, mark, emblem or insignia” that indicates that a teacher is a member of a religion.

Pennsylvania is the last state in the United States to repeal its “garb statute,” after Oregon repealed its same law in 2010 and Nebraska in 2017, WHYY reported. The religious garb restriction has roots that go back a century, with the Ku Klux Klan’s support of such laws due to its anti-Catholic stance.

“I’m proud to say we’ve rectified a longstanding error in Pennsylvania law, now permitting teachers to wear religious garb in the classroom,” State Sen. Judy Schwank (D., Berks), cosponsor of the bill, said in a statement. “This move brings Pennsylvania in line with the rest of the nation, ending our status as the only state still upholding this kind of prohibition.”

Effective Date: Immediately

Act 40 of 2023, formerly Senate Bill 140, creates a special prosecutor role in the Pennsylvania Attorney General’s Office to prosecute crimes that occur on mass transit, including Philadelphia’s SEPTA transit system. Prosecuting these crimes formerly rested with District Attorney Larry Krasner.

The attorney general’s special prosecutor now gets the first chance to prosecute SEPTA crimes. If the special prosecutor declines, then the district attorney’s office gets the case. Anyone who has worked in the district attorney’s office in the last six years isn’t eligible for the special prosecutor job.

The stripping of authority from Krasner is part of an ongoing effort led by Pennsylvania Republicans to oust the progressive district attorney. At the end of last year, Krasner was impeached by a Republican-led House for “misbehavior in office,” but the Senate trial that could potentially remove him from office was put on indefinite hold.

“Like the impeachment effort, Act 40 is built on outright lies and falsehoods about Philadelphia, its voters, and public safety,” Krasner said in a statement.

The Inquirer has a comprehensive breakdown of what powers the special prosecutor will have over prosecuting mass transit crimes and more.