Is CBD oil legal in Pennsylvania? As long as the CBD oil is derived from hemp, and contains less than 0.3% of THC, you are good to go. Read more inside. Delta-8 THC is legal in Pennsylvania but with state lawmakers closing in, time is running out for delta-8 in the Keystone State.
Is CBD Legal in Pennsylvania?
CBD oil is legal in Pennsylvania so long as it conforms to all requisite state and federal standards. This means the CBD must come from hemp, and it must contain less than 0.3% of THC.
Also, the state has a large number of medical dispensaries, particularly concentrated in locations around major city centers.
TL;DR – CBD (cannabidiol) is legal in PN as long as it contains less than 0.3% THC, and comes from hemp. Make sure all of your products meet these guidelines, and you’re good to go.
As a side note, medical marijuana use became legal in Pennsylvania in 2016 with the passing of their Medical Marijuana Program.
Now we are going to learn more about Pennsylvania CBD laws, licensing requirements in the state (if applicable) and where to buy CBD in Pennsylvania.
What is CBD?
CBD, also known as cannabidiol, is a non psychoactive compound derived from cannabis. CBD shares the outer space in the cannabis plant with THC.
Studies continue to show CBD may have a plethora of beneficial properties, with the most popular of these being: anti-inflammatory, anti-oxidative, pain relief, anti-seizure, and anxiety relief properties.
In these medical field studies, CBD has proved its worth in a growing amount of trials.
CBD is a Cannabis Derivative
Cannabidiol is a cannabis derivative. That doesn’t mean that it is the same as marijuana, though. It simply comes from a cannabis plant. This is an important distinction to keep in mind when answering the question, “Is CBD legal in Pennsylvania?”
CBD is a non-psychoactive cousin of THC, which means CBD cannot, and will not, get you high. As long as your CBD is hemp-based, or comes from the hemp plant, it will not contain an amount of THC over 0.3%. Federal regulations on CBD currently require all CBD products to come from hemp in order to remain federally legal.
A THC amount of 0.3% isn’t enough to get anyone high. In fact, this amount is so low that you could drink an entire container of CBD oil (not recommended), and still not get high.
Supplementing with CBD is a great way to treat patients in a more natural way than other medications that have harsh side-effects.
CBD research is sky rocketing now move than ever, and significant investments are continuing to be made in research and development.
The FDA is still figuring out their approval process for CBD, so until this is complete, CBD will not be able to achieve the status of a dietary supplement.
Why is CBD Illegal in Some Places?
This is a tricky subject. Let’s begin by addressing the fact that while CBD is federally legal, each state has their own laws.
While most states have followed the Farm Bill of 2018 footsteps, a handful of states still have strange laws revolving around CBD.
Thankfully, CBD is legal in PA. Pennsylvania doesn’t have weird laws about CBD use. Some of the more conservative states identify CBD with marijuana, even though it is completely non-psychoactive.
For this reason, they have a set of strict laws. As time goes on, though, states are continuing to soften these CBD laws.
How Did the Farm Bill Help Hemp?
The 2018 Farm Bill brought a revolution for hemp and hemp derived products. This made the cultivation of hemp and hemp-based products federally legal.
This bill specifically removed hemp, which is now legally defined as cannabis containing less than 0.3% THC by weight, from the schedule I list of controlled substances.
As of the writing of this article, cannabis as a whole is now set to be voted on for removal from this same list.
The United States FDA and CBD
The Food and Drug Administration has the authority of regulating CBD product labeling, monitoring therapeutic claims for CBD, and the usage of CBD for recreational and dietary purposes.
FDA, currently, has not allowed the advertisement of hemp-derived CBD as a dietary supplement, or as an additive to food and beverages.
The FDA must authorize any health claims that CBD products make. No companies to date have received this designation, except for the pharmaceutical drug Epidiolex.
While the Food and Drug Administration has maintained this stance for years, it has softened these regulations and is considering appropriate legislation around labeling CBD as a dietary supplement.
Let’s move on to CBD and it’s legal status in Pennsylvania.
Is CBD Legal in Pennsylvania?
Pennsylvania has already taken many positions on the legalization of both cannabis and hemp.
While hemp-derived CBD is completely legal in PA, medical marijuana remains regulated and specifically for those who have a medical marijuana card via their Department of Health website.
Pennsylvania lawmakers are working to submit new regulations U.S. Department of Agriculture that remove marijuana as a controlled substance.
The state will continue taking steps to implement the current regulations and licensing requirements for the growers and processors within Pennsylvania.
Licensing Requirements for CBD in Pennsylvania
CBD does not require a license for use in Pennsylvania. Users must apply for, and be granted, a medical marijuana card to use marijuana legally, though. Possession of marijuana is illegal without this card.
Pennsylvania CBD Possession Limits
Pennsylvania has decriminalized all CBD possession limits. Currently, there is no possession limit for hemp-derived CBD products and marijuana-products in Pennsylvania.
Where to Buy CBD in Pennsylvania?
To be honest, CBD products are all over the place in Pennsylvania.
Consumers can buy CBD oil and hemp derived CBD products from a variety of retail storefronts, gas stations, and kiosks within the state.
I want to caution you, though, to be extra careful on where you purchase your CBD products. New Phase Blends is a veteran owned and operated CBD company, and we offer nothing but premium CBD products that come with a 30 day money back guarantee.
At least give us consideration before purchasing – I know you’ll be happy with your purchase.
In the summer of 2020, the FDA conducted a study on CBD products from different brands. They reported that roughly 25% of CBD products are either fake, under-dosed, or mislabeled. CBD is expensive, and I would hate to see one of you being ripped off by a poorly ran CBD company.
For more information on what to look for when purchasing a CBD product, check out this post by clicking here. In this post, I give you all of the indicators to look for in a premium CBD product so you will not be ripped off.
Summary – Is CBD Legal in Pennsylvania?
Yes, CBD is legal in Pennsylvania. Here are some things to look for to make sure your CBD falls within the federal guidelines for use:
- Hemp-derived CBD is legal
- It must contain less than 0.3% THC
- I recommend that the CBD labels include a QR code that scans to a third-party lab result
- Marijuana-derived CBD is not legal
That about wraps up covering the legalities of CBD within the state. If you are looking to purchase or possess CBD in Pennsylvania, you don’t have to worry. It is 100% legal in Pennsylvania.
Is Delta-8 Legal in Pennsylvania?
While hemp-derived delta-8 is currently legal in Pennsylvania, two state lawmakers are attempting to legislate against it in the near future. If the legislation passes successfully, the use, possession, sale, distribution, and production of delta-8 in all forms will be banned.
Other THC isomers, including HHC and THC-O, are legal, as are hemp-derived CBD, CBG, and CBC products under state law.
Medical marijuana is legal, but recreational cannabis remains illegal in Pennsylvania. However, some major cities have chosen to decriminalize small quantities of recreational cannabis.
- Hemp-derived delta-8 is legal in Pennsylvania, but the state seeks to ban it. Marijuana-derived delta-8 is illegal.
- THC isomers (delta-10, HHC, THC-O) are currently legal and no upcoming legislation seeks to change this.
- Hemp-derived CBD, CBG, CBC, and other non-intoxicating compounds are legal under state law.
- Medical cannabis is legal. Recreational cannabis is illegal. Some cities within the state have decriminalized the possession of small quantities of recreational cannabis.
Is delta-8 THC legal in Pennsylvania?
Yes, delta-8 is legal in Pennsylvania.
Under state law, you can freely use, possess, sell, distribute, purchase, market, and produce delta-8 products. All delta-8 products must be derived from hemp plants carrying no more than 0.3% THC. Marijuana-derived delta-8 is only legal for registered medical cannabis patients.
The legislative history of delta-8 in Pennsylvania
Pennsylvania legalized delta-8 after the passage of House Bill 967 in July 2016. This bill legalizes all hemp compounds and derivatives, provided the hemp plants or subsequent products carry no more than 0.3% THC.
Fast-forward to 2022, and Pennsylvania is now seeking to ban hemp-derived delta-8 and its products.
Pennsylvania Senator Judith L. Schwank and Sharif Street issued a memorandum to the state’s Senate on April 6, 2022. The memo states they will soon introduce legislation aiming to ban the use and purchase of delta-8, citing lack of regulatory oversight as the primary reason.
Delta-8 THC is a naturally occurring compound in hemp in low concentrations. It can be manufactured in higher amounts by synthetically converting a better-known non-intoxicating compound, CBD, into Delta-8 THC. These products are being sold in neighborhood gas stations and corner stores without any kind of regulation.
Senate of Pennsylvania
You can read the entire memo below:
What will a delta-8 ban mean for Pennsylvania?
A delta-8 ban is not an ideal situation for Pennsylvania.
Many businesses within the state rely heavily on delta-8 THC products for profit, and many customers use them as an alternative treatment for a variety of health problems. A pig-headed ban will simply force delta-8 underground and create an even less regulated black market.
If Pennsylvania wants to control delta-8 products in the market, we believe sensible state regulation is a better option. That way, the state government can establish a regulatory framework that oversees the production, manufacturing, and testing of products, ensuring better safety, quality, and transparency.
Buying delta-8 in Pennsylvania
Delta-8 products are available for purchase online or in retail CBD stores and vape shops in Pennsylvania. Photo: CBD Oracle
Despite looming legislation that could restrict or ban hemp-derived delta-8, you can still legally purchase delta-8 products online and through physical retail stores.
While physical retail stores are a decent option for delta-8 products, we recommend buying from legitimate online delta-8 vendors. Online vendors are convenient and easily accessed, and you also purchase directly from the company instead of buying through a middleman. Just have an internet connection and a credit card, and you’re good to go.
However, the question is: Which delta-8 products are safe and reliable to purchase?
We have a comprehensive list of the best delta-8 products currently on the market. Our team of cannabis experts vets every single delta-8 product to ensure safety, transparency, and quality at every level. You can find specific product recommendations below for:
Can you travel to Pennsylvania with delta-8?
Yes, it’s likely you can travel to Pennsylvania with hemp-derived delta-8 products carrying no more than 0.3% THC. However, you cannot travel into the state with marijuana-derived delta-8 in your possession. Marijuana is illegal on the state and federal levels. Carrying any form of marijuana (even medical cannabis purchase out of state) is prohibited.
Is marijuana legal in Pennsylvania?
Medical marijuana for eligible patients holding a state-licensed medical cannabis card is legal in Pennsylvania. Recreational cannabis remains illegal in the state, but several cities have decriminalized low-level cannabis possession. Several legislative attempts to legalize adult-use recreational marijuana have all but failed. However, three new recreational cannabis legalization hearings commenced in March 2022.
Medical marijuana laws
Pennsylvania became the 24th US state to legalize medical cannabis on April 17, 2016, after the passage of Senate Bill 3 (SB 3), signed by Governor Tim Wolf.
SB 3 established a system allowing licensed physicians to prescribe medical cannabis and created a regulatory framework for its distribution to patients. The state only permitted non-smokable medical marijuana and prohibited home cultivation.
Gov. Wolf updated Pennsylvania’s medical cannabis program after signing House Bill 1024 (HB 1024) on June 30, 2021. HB 1024 expands the list of qualifying conditions from 17 to over 40. Added conditions include AIDS/HIV, Parkinson’s disease, PTSD, autism, severe or intractable pain, addiction, and glaucoma.
HB 1024 also allows whole-plant cannabis flower, vape products, and foods and drinks. Smoking cannabis flower is still prohibited but vaporization isn’t.
The Pennsylvania Department of Health oversees the state’s medical marijuana program, implements rules, regulates licensing, and issues licenses to growers, processors, and dispensaries across the state.
Pennsylvania’s first medical marijuana dispensaries opened in January 2018. There are now just under 150 operating within the state. Medical cannabis dispensaries can only distribute a 30-day supply of cannabis.
Recreational marijuana laws
Recreational marijuana is illegal and strictly regulated in Pennsylvania. The state prohibits the use, possession, sale, distribution, purchase, and production of recreational cannabis unless it’s for medicinal reasons. Possession of under 30 grams is a misdemeanor punishable by up to 30 days in prison and a fine of up to $500.
However, several cities have decriminalized possession of small quantities of cannabis, including Philadelphia, Pittsburgh, Harrisburg, Steelton, and York.
A legislative attempt (SB 107) to decriminalize low-level cannabis possession across the entire state is currently underway.
In Philadelphia, Mayor Michael Nutter signed a bill on October 20, 2014, decriminalizing possession of cannabis in quantities of up to 30 grams, lowering the penalty to a citation and a $25 fine. Smoking cannabis in public carries a $100 penalty with a citation and community service. The sale and distribution remain strictly illegal.
Can you purchase delta-10, THC-O, or HHC in Pennsylvania?
Intoxicating hemp products including HHC, THC-P, Delta-10, and other THC isomers are sold in Pennsylvania. Photo: CBD Oracle
Yes, you can purchase delta-10, THC-O, and HHC in Pennsylvania. Under state law, all THC isomers remain legal under state law. You can purchase THC isomer products online and through physical retail stores without the risk of penalty or prosecution.
Is CBD legal in Pennsylvania?
CBD is perfectly legal in Pennsylvania, provided it’s sourced from hemp plants carrying no more than 0.3% THC. Marijuana-derived CBD is only permitted for medicinal use. You cannot use, possess, or purchase marijuana-derived CBD without a valid state-licensed medical cannabis card.
Pennsylvania legalized hemp and hemp-derived CBD in July 2016 after Governor signed SB 967 into law. This bill allows the use, possession, sale, purchase, and production of hemp and hemp-derived products, including CBD.
However, per FDA regulations, you cannot legally sell or purchase CBD-infused foods, cosmetics, or dietary supplements
There are no hemp-derived CBD possession limits. You can use, possess, and purchase hemp CBD products in any quantity — big or small.
Upcoming legislation in Pennsylvania
The only legislation that could change delta-8’s legality in Pennsylvania is the one proposed in the memo mentioned above. If this future legislation passes, delta-8 will become illegal under state law.
Delta-8’s legal status isn’t safe in Pennsylvania. While other US states opt to restrict or regulate delta-8 products, Pennsylvania is taking more drastic measures, moving to ban them altogether. A ban will be a tragic blow to Pennsylvania’s delta-8 industry, likely pushing delta-8 products further underground, leading to an unnecessary black market. Let’s hope cooler heads prevail.