Is Delta 8 THC Legal in Pennsylvania?

The legality of Delta 8 THC in Pennsylvania is governed by both federal and state laws. The key piece of legislation at the federal level is the 2018 Farm Bill (Agriculture Improvement Act of 2018), which legalized hemp by removing it from the list of controlled substances. Under this bill, hemp and hemp-derived products, including Delta 8 THC, are legal if they contain no more than 0.3% Delta 9 THC on a dry weight basis.

In Pennsylvania, the state aligns with the federal definition and regulations provided by the 2018 Farm Bill. This alignment means that as long as Delta 8 THC products are derived from hemp and contain less than 0.3% Delta 9 THC, they are legal within the state. There isn't a specific state law that mentions Delta 8 THC by name in Pennsylvania; rather, the legality follows from the state's adherence to federal hemp regulations.

This situation places Delta 8 THC in a somewhat unique legal position. Unlike Delta 9 THC, which is the primary psychoactive component in marijuana and is heavily regulated or illegal in many states, Delta 8 THC offers similar, though reportedly less potent, psychoactive effects but remains legal under the conditions specified by the 2018 Farm Bill.

However, it's crucial for consumers and businesses to stay informed about both federal and state regulations. Laws regarding cannabis and its derivatives are subject to change, and what is legal today may not be legal tomorrow. Additionally, regulatory agencies may issue new guidelines or interpretations of existing laws that could affect the legality of Delta 8 THC products.

To summarize, as per the latest information available:

• Federal Law: The 2018 Farm Bill legalizes hemp-derived products with less than 0.3% Delta 9 THC.
• Pennsylvania State Law: Aligns with the federal definition and allows the legal sale, possession, and use of Delta 8 THC products that meet these criteria.

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:

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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.

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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.

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For the most current information, it is recommended to consult legal sources or regulatory agencies directly.