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Is CBD legal in Pennsylvania?Yes — CBD is legal in Pennsylvania under state law, allowing residents to buy and use hemp-derived CBD oil and gummies as long as they meet legal requirements.
Table of Contents
Legal Concerns About CBD
What are the CBD laws in Pennsylvania?
Is full spectrum CBD legal in Pennsylvania?
Does Pennsylvania have a CBD possession limit?
Do you need a prescription for CBD in Pennsylvania?
Where to buy CBD in Pennsylvania?
Legal age to buy CBD in Pennsylvania?
Is CBD legal in all 50 states?
Resources
Disclaimer: We’re always working to stay informed on the latest CBD 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.
CBD became federally legal in 2018 under the Hemp Farming Act, which removed industrial hemp and its derivatives from the Controlled Substances Act. However, legal CBD must come from hemp containing less than 0.3% THC.
Even after starting with legal hemp, manufacturers must ensure the final product also contains under 0.3% THC, as extraction can concentrate cannabinoids and increase THC levels. Since the CBD industry lacks strict regulations, it's important to verify third-party lab tests to confirm a product's legality.
Federal guidelines apply, but you must also follow your state's specific CBD regulations.
Pennsylvania established a legal framework for hemp production and processing in response to the 2014 Farm Bill, aligning with federal regulations and granting the Department of Agriculture oversight while imposing relaxed laws on hemp manufacturing, except for CBD food items, which require licensing and adhere to FDA restrictions.
Here are the details:
In response to the 2014 Farm Bill, Pennsylvania passed HB 967 in 2016, a bill that set the tone for legal hemp production and processing in the state. Initially, hemp growing and processing were approved only under state-approved programs at various universities.
Later, the bill was amended to remove this requirement, expanding access to hemp agriculture across the state. The bill closely aligned with federal regulations, defining hemp as a separate entity from marijuana--as cannabis material with less than 0.3% THC.
Under this law, the Pennsylvania Department of Agriculture was given authority over the state’s hemp program. Through this program, growers are required to submit to several rounds of inspection and testing, and any hemp material with more than 0.3% THC may be destroyed.
The state has relatively relaxed laws surrounding hemp manufacturing. Hemp manufacturers do not need to be licensed unless they intend to manufacture CBD food items, which is subject to licensing and restriction under the state’s Bureau of Food Safety.
The state also strictly aligns with the FDA ruling on CBD as a food additive, which is not currently permitted. Other states, like Montana, Georgia, California, and Hawaii, have adopted this same stance on CBD edibles. It’s unclear if there are legal penalties for manufacturing CBD foods in Pennsylvania, but these laws don’t seem to affect consumers.
It’s easy to assume that CBD isolate is legal in many places since it contains no THC, but many consumers are worried that the trace amounts of THC found in full-spectrum CBD products may cause trouble in states where cannabis is illegal. Pennsylvania has no laws restricting CBD with less than 0.3% THC, so full-spectrum CBD is legal.
There are no defined CBD possession limits in Pennsylvania. Products that contain more than 0.3% THC are considered cannabis products, which are legal for medicinal use only in the state, and are subject to different regulations and possession limits.
No. You do not need a prescription to access hemp CBD products in Pennsylvania. In fact, doctors typically cannot “prescribe” CBD products that are sold over the counter, rather they may “recommend” them. Even in states where medical marijuana is legal, like Pennsylvania, access usually requires a doctor’s recommendation, not a prescription.
CBD is still new, and only one CBD product has been approved by the FDA to date. This product, GW Pharmaceuticals’ Epidiolex, is designed to treat rare forms of childhood epilepsy. Aside from this product (which comes with stringent usage guidelines), many doctors are still learning about CBD. If you’re interested in the benefits of CBD, you may need to spark a conversation with your doctor.
Pennsylvania’s hemp market is quite accessible, so you’ll find CBD products in local grocery stores, gas stations, and health shops.
However, the state doesn’t require licensing for CBD manufacturers or retailers, which can put consumers at risk.
Buying CBD online is a suitable option for most consumers. When you buy CBD online directly from the brand, you get better oversight of the brand’s manufacturing practices. Looking at the brand’s hemp source and lab testing procedures can help ensure that the CBD products you choose are clean, potent, and meet legal guidelines.
Buying CBD directly from a brand instead of from a third-party market may also be less costly since you won’t have to pay the extra fees that are often tacked on by the middle man. Of course, premium CBD can be expensive to manufacture, so you should also be wary of products that offer low-ball prices.
Finally, buying CBD online may be the best way to access many different types of CBD. The most common type of CBD product is an oil tincture, but you can find a variety of CBD edibles, topicals, and other specialty products when you shop online.
For more information on how to find high-quality CBD products, check out our CBD Buyer’s Guide.
Pennsylvania doesn’t set a statewide legal age for buying most CBD products. However, retailers often require customers to be at least 18 or 21 — especially for smokable hemp flower and vapes — to align with tobacco laws. Many online CBD brands also allow customers aged 18+ to order hemp-derived CBD and ship to Pennsylvania.
Thanks to federal updates, CBD has the potential to be legal in every U.S. state. CBD is legal in Pennsylvania, but every state has different regulations regarding the manufacture and sale of CBD. Click here to find out where CBD is legal.
Yes. CBD oil is legal if it's derived from hemp and contains less than 0.3% THC.
Yes. Hemp-derived CBD gummies with under 0.3% THC are legal in Pennsylvania.
There is no statewide legal age for buying CBD, but most stores require you to be at least 18 or 21.
Minors generally cannot buy CBD directly. Retailers often set their own minimum age policy, commonly 18 or 21.
Yes. Philadelphia follows Pennsylvania's hemp and CBD regulations, so CBD with less than 0.3% THC is legal.
Yes, CBD gummies are legal in Pennsylvania, provided they are derived from hemp and contain less than 0.3% THC. However, regulations around CBD as a food additive can vary, so it's essential to purchase from reputable sources.
Yes, you can buy CBD oil over the counter in Pennsylvania. CBD oil products are widely available in retail stores, health shops, and online, as long as they comply with state laws regarding THC content.
Yes, you can take CBD on a plane to Pennsylvania, provided that the CBD product contains less than 0.3% THC and is derived from hemp. Always check the airline’s specific regulations before traveling.
While CBD oil itself typically does not show up on drug tests, products that contain trace amounts of THC may lead to a positive result. It's advisable to choose CBD products that are labeled as THC-free if you are concerned about drug testing.
The duration that 20 mg of CBD stays in your system can vary based on several factors, including your metabolism, body composition, and frequency of use. Generally, CBD can remain detectable for up to a week, but this can differ for each individual.
CBD, or cannabidiol, interacts with the body's endocannabinoid system to help regulate various functions such as mood, sleep, and pain sensation. Many people use CBD for its potential benefits, including reducing anxiety, alleviating pain, and improving sleep quality.
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