Is Delta 8 THC Legal in Pennsylvania?

Legality of buying Delta 8 THC in Pennsylvania

View all Delta 8 THC Legal States Information

Delta 8 THC is now legal in Pennsylvania, though it's been federally legal due to the 2018 US Farm Bill, which made industrial hemp-derived products like CBD and Delta 8 THC legal as long as the Delta 9 contents remain under the .3% Delta-9 THC threshold. In some US states, such as Pennsylvania, there are still laws about buying and selling these products that can vary from state-to-state. Unlike CBD, Delta 8 is psychoactive and will get you high. This article will help you navigate through all of this information so that you can make an informed decision about whether or not to buy or sell Delta 8 THC in your area!

 

Yes, Delta 8 THC is legal in the State of Pennsylvania.

In Pennsylvania, Delta 8 is allowed. Where to buy Delta 8 THC in PA is an important question when you're considering trying some Delta 8 THC for sale in Pennsylvania. Everywhere from Philadelphia to Pittsburgh, State College to Erie and back down to York, Pennsylvanians are looking for that legal high with Delta-8 THC which doesn't require a medical marijuana card in the state.

The minor cannabinoid, Delta-8 THC, is found naturally in the industrial hemp plant. As a cannabinoid in hemp, the US 2018 Farm Bill signed into law by the president made it legal to consume-- as long as the Delta-9 tetrahydrocannabinol concentration of the Delta-8 products remains at or below the .3% limit as measured on a dry-weight basis.

This highly sought-after cannabinoid has no Delta 8 THC Possession Limits, and only the Delta-9 content is restricted at both the federal and state levels. When added to food products, Delta-8 effects result in a 'high' similar to that of marijuana, but legal -- now locals can get the intoxicating effects of industrial hemp without the paranoia!

As one of the isomers of hemp, Delta-8 THC is federally protected by the 2018 Farm Bill. Legal hemp products can be purchased across the state and you have to be at least 21 years old to buy Delta 8 THC in Pennsylvania. Delta-8 manufacturing has already started, and it's now rivaling the popularity of the state's adult-use cannabis commercial program.

Current Pennsylvania Delta-8 Legislation

In Pennsylvania, hemp is defined as all parts of the Cannabis Sativa plant with less than 0.3% Delta-9-THC. Hemp products are also legal and may contain any part of the hemp plant, including cannabinoids and extracts.

In 2019, Senate Bill 335 was introduced on the floor and became the Act of law we follow today, which provides the following 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.
(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%.

State law is clear: any hemp-derived product with less than .3% Delta-9 THC is legal, which makes Delta-8 THC legal, too, as long as those guidelines are met.

In 2016, the state legislature passed Senate Bill 3 in the state which legalized medical marijuana. Governor Wolf signed the bill into law in 2016 and the first licensed sales began in 2018. It was House Bill No. 1899 in 2019, though, which set the precedent for how state lawmakers would view Tetrahydrocannabinols.

In House Bill No. 1899, it provided the following:

Industrial hemp.--In the interest of enacting rational policies for the treatment of all variations of the cannabis plant, the people of this Commonwealth further find and declare that industrial hemp should be regulated separately from strains of cannabis with higher delta-9 tetrahydrocannabinol (THC) concentrations.

Essentially, lawmakers are acknowledging other cannabinoid variations exist in the plant, though, have chosen to regulate only the Delta-9 THC cannabinoid. Other cannabinoids, such as Delta-8 THC are not a concern in the state. Additionally, for any type of hemp-derived product which tests above the .3% Delta-9 THC threshold, it will be regulated as medical marijuana in the state. So for Delta-8 THC users in Pennsylvania, be sure to review the lab reports before purchasing to know that your product wouldn't be testing "hot" once the product arrives!

Pennsylvania Industrial Hemp Act

The state's industrial hemp program began with the Industrial Hemp Research Act of Jul. 20, 2016, P.L. 822, No. 92 legislation along with the Farm Bill which allowed for industrial hemp production in the state. Today, the state's industrial hemp program is overseen by the Pennsylvania Department of Agriculture which provides licenses and governance for participants in the program.

List of controlled substances

It was Senate Bill No. 936 which amended the list of controlled substances to add special exemptions for industrial hemp in the state. As a special exclusion for "Marihuana", it provides the following text:

The term does not include:

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

(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.

Industrial hemp is legally defined as a delta-9 tetrahydrocannabinol concentration not exceeding 0.3%. Delta 8-THC is currently legal in Pennsylvania under these state guidelines.

Buying and Shipping Delta 8 in Pennsylvania

Since effective Delta-8 products are legal in the State of Pennsylvania, residents can buy high-quality, safe products with a shipping address located in the state. Affordable products and prices are now available as CBD-infused products pricing bottomed-out during the 2020 pandemic.

Originating from federally legal industrial hemp, a finished product may consist of anything from extracted oils, gummies, other edibles or even smokable hemp flower itself -- with a variety of strains to choose from.

There's a selection of products to consider, and a new product type seems to be released each month.

Border States to Pennsylvania:

West Virginia, Delaware, Ohio, New York, New Jersey, and Maryland.

Advocacy Groups in Pennsylvania Supporting Delta 8 and Hemp Laws

Pennsylvanians show support of Delta 8 and pushing progress towards better Hemp Laws in the state. Check out some of the standout organizations in Pennsylvania:

All Together Now Pennsylvania

Pennsylvania Cannabis Coalition

Pennsylvania Hemp Industry Council

News stories covering raids or busts on Delta 8 Products and stores in Pennsylvania

3/18/2021
Pennsylvania Police Make More Than 20,000 Pot Arrests During The Pandemic

2/24/2021
Photos: 'Close cousin' of active ingredient in weed, Delta-8 THC is sold in central Pa.

2/18/2021
Grants For Promoting Pennsylvania Hemp Products

2/16/2021
Pennsylvania awarding grants to promote hemp sales, exports

2/13/2021
Pennsylvania grant program to support hemp industry, which shrunk in 2020

1/4/2021
Pennsylvania Sees Great Promise for Hemp in 2021

12/23/2020
Pennsylvania's industrial hemp farmers need less-restrictive regulations [editorial]

12/4/2020

Pennsylvania Opens Hemp Permit Applications for 2021 Season