February 21, 2021 6 min read

Hemp and all its derivatives (like Delta-8) are legal on a federal scale, but is Delta-8-THC legal in Pennsylvania?

Since every state governs hemp differently, it can be difficult to work out the details of Pennsylvania’s Delta-8 laws.

Luckily, the state has updated legislation to more closely match federal definitions for hemp and hemp products. Delta-8 is legal in Pennsylvania, but here’s what you should know before you buy Delta-8 products in the state:

Disclaimer: We’re always working to stay informed on the latest Delta-8 laws and research. However, state laws are subject to change and we advise that you do your own research to verify the information you find in this article. This is not intended as legal advice.

Table of Contents
Delta-8-THC and Federal Laws
Pennsylvania Delta-8-THC Laws
Is Delta-8 a Controlled Substance in Pennsylvania?
Delta-8-THC Possession Limits in Pennsylvania
Is Delta-9-THC Legal in Pennsylvania?
Where to Buy Delta-8 in Pennsylvania
Do You Have to Be 21 to Buy Delta-8?
Is Delta-8 Legal in All 50 States?
Resources

Key Takeaways

  • Delta-8 is a cannabinoid derived from legal hemp, and is therefore legal according to federal legislation.
  • Pennsylvania defines hemp similarly to the federal definition, and has updated their Controlled Substances list to make a specific exception for hemp products. Thanks to these updates, Delta-8 is legal in Pennsylvania.
  • To ensure that the Delta-8 you purchase is legal, you have to ensure that it is made from legal hemp by a licensed grower.
  • You generally need to be at least 21 years old to purchase Delta-8-THC products made from hemp. You can find it at a limited number of stores in Pennsylvania, but you can also buy legal Delta-8 online and have it shipped directly to your door.

Pennsylvania Delta 8 THC Laws

After the 2018 Farm Bill became law, Pennsylvania passed amendments to the state’s hemp laws to better align the state with federal definitions. In Pennsylvania, hemp is legal and is defined as any part of the cannabis plant that contains less than 0.3% Delta-9-THC on a dry weight basis.

Hemp products are also legal, and may include any part of the hemp plant, including cannabinoids, extracts, isolates, and other derivatives.

Pennsylvania also passed amendments to the state’s Controlled Substances Act. The new laws clarify hemp as an exception to “marijuana” where it is listed as a Schedule I substance. Thanks to these updates, Delta-8-THC is legal in Pennsylvania.

Here are some snippets from the relevant state laws:

Senate Bill No. 335

Section 2. Definitions.

“Industrial hemp.” A plant of the genus cannabis and any part of the plant, whether growing or not, containing a delta-9 tetrahydrocannabinol concentration of not more than 0.3% on a dry-weight basis.

“Product.” A finished product containing industrial hemp which:

(1) Is a cosmetic, food, food additive or herb.1234567891011121314151617

(2) Is for human use or consumption.

(3) Contains any part of the hemp plant, including naturally occurring cannabinoids, compounds, concentrates, extracts, isolates, resins or derivatives.

(4) Contains a delta-9 tetrahydrocannabinol concentration of not more than 0.3%.Section 3. Manufacturing of food products. Each manufacturer of food containing industrial hemp must comply with the following:

HOUSE BILL No.1899 – ARTICLE VIII-A. ADULT USE CANNABIS

Section 802-A. Definitions.

“Cannabis.” The plant of the genus cannabis whether growing or not, the parts and seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin, including cannabis concentrate. The term does not include industrial hemp or fiber produced from the stalks, oil or cake made from the seeds of the plant, sterilized seed of the plant that is incapable of germination or the weight of another ingredient combined with cannabis to prepare topical or oral administrations, food, drink or other product.

SENATE BILL No.936

Section 1.The definition of “marihuana” in section 2(b) of the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, is amended to read:

Section 2. Definitions.

“Marihuana” [consists of all forms, species and/or varieties of the genus Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin;

but shall not include tetrahydrocannabinols, the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil, cake, or the sterilized seed of such plant which is incapable of germination.] means all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture or preparation of such plant, its seeds or resin. The term does not include:

(1) industrial hemp, as defined in 3 Pa.C.S. § 702 (relating to definitions); or

Title 3 § 702. Definitions. “Industrial hemp.” The plant Cannabis sativa L. and any part of the plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3% on a dry-weight basis.

(2) the mature stalks of an industrial hemp plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks, except the resin extracted therefrom, fiber, oil or cake or the sterilized seed of such plant which is incapable of germination.

Two blooming hemp plants, the only federally legal source of Delta-8-THC products. Is Delta-8 a Controlled Substance in Pennsylvania?

Pennsylvania state law lists “marijuana” as a Controlled Substance, but the text has been amended to read that “the term does not include...industrial hemp, as defined in 3 Pa.C.S. § 702 (relating to definitions).”

The state defines industrial hemp as “a plant of the genus cannabis and any part of the plant, whether growing or not, containing a delta-9 tetrahydrocannabinol concentration of not more than 0.3% on a dry-weight basis.”

That means that Delta-8-THC is not considered a Controlled Substance in Pennsylvania.

Delta 8 THC Possession Limits in Pennsylvania

Pennsylvania hemp laws do not define any possession limits for hemp or hemp products, including Delta-8-THC.

Still, Delta-8 could be easily confused for Delta-9 THC by authorities without proper documentation and lab testing.

Basic lab testing checks only for tetrahydrocannabinol, meaning that extensive lab tests are needed to differentiate between Delta-8 content and Delta-9 content when proof of legal possession is needed.

Is Cannabis (Delta 9 THC) Legal in Pennsylvania?

Pennsylvania passed the Medical Marijuana Act in 2016, which legalized medical cannabis for qualifying patients. Recreational cannabis is still illegal in the state, and possession of up to 30 grams is punishable by a misdemeanor, up to 30 days in prison, and/or a fine of up to $500.

Where to Buy Delta 8 in Pennsylvania?

Delta-8 vaporizers, a nearly instant delivery method that can be purchased in Pennsylvania stores and online.

Pennsylvania does not strictly regulate hemp production or sales, and many nearby states (like Ohio, West Virginia, and New York) also allow Delta-8 manufacturing. Legal hemp products, including Delta-8, may be available in stores in the local area.

Still, it’s advisable to proceed with caution when choosing a Delta-8 distributor. While you can likely find various hemp products in local stores, there may be benefits to buying Delta-8 online. One reason is that you can buy directly from a brand or manufacturer, instead of purchasing through a third-party vendor that may not fully understand Delta-8 effects and uses or the laws surrounding Delta-8 products.

At Vida Optima, our Delta-8-THC products comply with all parameters of the Hemp Farming Act of 2018. We can also help answer questions about Delta-8 before you buy, or you can read our “What is Delta-8-THC?” guide to learn everything you need to know.

Do You Have to Be 21 to Buy Delta-8 in Pennsylvania?

There are no state regulations that place age restriction on the purchase of hemp-derived products. Retailers have the right to determine age limits for the purchase of Delta-8 products, but many retailers require consumers to be at least 21 years of age.

Is Delta 8 Legal in All 50 States?

Delta-8-THC is currently federally legal under the context of the Hemp Farming Act of 2018, but each state has the right to determine their own stance on tetrahydrocannabinols derived from hemp. Delta-8-THC is legal in Pennsylvania according to state law, but you should read more about Delta-8 laws by state to determine the legality in other areas.

Resources

  1. “H.R.5485 - Hemp Farming Act of 2018” https://www.congress.gov/bill/115th-congress/house-bill/5485
  2. “Drug Fact Sheet: K2/Spice” https://www.dea.gov/sites/default/files/2020-06/K2-spice-2020.pdf
  3. “MARINOL” https://www.accessdata.fda.gov/drugsatfda_docs/label/2006/018651s025s026lbl.pdf
  4. “SB No. 335” https://www.legis.state.pa.us/cfdocs/legis/pn/public/btCheck.cfm?txtType=HTM&sessYr=2019&sessInd=0&billBody=S&billTyp=B&billnbr=0335&pn=0317
  5. “HB No. 1899” https://www.legis.state.pa.us/cfdocs/legis/pn/public/btCheck.cfm?txtType=HTM&sessYr=2019&sessInd=0&billBody=H&billTyp=B&billnbr=1899&pn=2638
  6. “SB No. 936” https://www.legis.state.pa.us/cfdocs/legis/pn/public/btCheck.cfm?txtType=HTM&sessYr=2019&sessInd=0&billBody=S&billTyp=B&billnbr=0936&pn=1374
  7. “Medical Marijuana Act” https://www.legis.state.pa.us/cfdocs/legis/li/uconsCheck.cfm?yr=2016&sessInd=0&act=16
  8. “Possession of a Small Amount of Marijuana for Personal Use” https://www.arjalaw.com/criminal-defense/drug-offenses/possession-of-a-small-amount-of-marijuana/

Leave a comment

Comments will be approved before showing up.


Also in Cannabis Encyclopedia

Is Delta-8 Safe? | Vida Optima
Is Delta-8 Safe?

October 13, 2021 7 min read

Delta-8-THC does come with one important risk you need to know about.
Read More
Can You Use Delta-8 for Migraines? | Vida Optima
Can You Use Delta-8 for Migraines?

October 12, 2021 5 min read

Delta-8 may have some benefits that come in handy when a migraine strikes.
Read More
Delta-8 Drug Interactions | Vida Optima
Delta-8 Drug Interactions

October 12, 2021 6 min read

Here's what you need to know about Dleta-8 and your medications.
Read More

Subscribe