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Is Delta 8 Legal in Pennsylvania? (Updated for 2024)

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Disclaimer: The information in this article regarding Delta-8 THC is drawn from comprehensive research. We have made every effort to share the most accurate information available at the time of writing. Remember, the legal status of cannabinoids varies by jurisdiction and can change status over time. The reader is advised to check the legal status of cannabinoids before acting, and we do not accept liability for this information. This content is for educational purposes only.


Because the cannabis industry is growing, there are always new ‘versions’ of the plant appearing, with Delta-8 THC being the latest one to gain significant traction in recent years because of its legal and psychoactive status.

This new diversity has led to something of a confusing legal situation, as each cannabinoid can have a unique legal status. You probably already know that Delta-9 THC is illegal at the federal level, but just because one cannabinoid is federally prohibited, it does not mean that others, such as Delta-8, are prohibited too.

In fact, Delta 8 is federally legal, as long as specific conditions are met. For states like Pennsylvania to legalize Delta-8 THC, it is equally important that their state governments pass bills. This article examines the legal status of Delta 8 in Pennsylvania and puts all the facts in place for every buyer, seller, and enthusiast to understand where they stand.

Key Takeaways

  • Where it is available, Delta 8 has a huge following due to it being legal and broadly accepted – both federally and at the state level.
  • Delta-8 THC is legal under the 2018 Farm Bill. In some places, Delta 8 THC exists in a gray area, owing to “a weird mashup of federal and state law”.
  • Delta 8 is legal in Pennsylvania, with specific regulations governing its sale and possession.
  • Consumers should be aware of possession limits and ensure they purchase from reputable sources.

Delta 8 and the Federal Law

The psychoactive cannabinoid Delta-8 THC found in cannabis plants is the milder but similar chemical cousin to Delta-9 THC. This compound also exists in very small amounts so its legal status at the federal level is somewhat complicated and has largely to do with the 2018 Farm Bill.

The law legalized ‘hemp-derived cannabinoids, extracts, and derivatives … provided that [they] contain no more than 0.3% Delta-9 THC on a dry weight basis’. Because Delta 8 can be derived from hemp – and, because it often contains less than 0.3% Delta 9 THC – it is legal at the federal level.

Pennsylvania’s Delta 8 Laws 

The sale of D8 in Pennsylvania is compliant with federal law as Delta 8 products derived from legal hemp containing less than 0.3 per cent Delta-9 THC are legal for sale and consumption under the USDA-approved hemp plan of Pennsylvania.

Under the 2018 Farm Bill, the federal law has clearly declared hemp and any derived products, including Delta 8, legal if they contain less than 0.3 per cent Delta 9 THC.

Pennsylvania’s House Bill 967 allows for hemp farming and, subsequently, the sale of hemp products. This law defines industrial hemp as "the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol [ THC ] concentration of not more than 0.3 per cent on a dry-weight basis."

Is Delta 8 a Controlled Substance in Pennsylvania?

While federally compliant hemp is legal in Pennsylvania, it may come as a surprise that Delta-8 THC is not explicitly legal in this state.

Cannabis shops selling Delta 8 products have been raided in recent days—a clear indication that this cannabinoid exists in a legal minefield. As a result, CBD store owners are withdrawing Delta 8 products from shelves to avoid clampdowns by the DA. 

All signs indicate that Delta 8 is a controlled substance in PA. Even the widely popular and legal CBD is only permitted in the forms of tinctures, vapes, oils, creams, and gels. CBD edibles are illegal in PA.

Delta 8 Possession Limits in Pennsylvania?

As of now, Pennsylvania has placed Delta 8 into legal limbo. Delta 8 products, per current ruling by the Pennsylvania District Attorneys Association, should not be stocked by stores.

On the other hand and looking at the reality in Pennsylvania, Delta 8 is not specifically a controlled substance, as long as it’s derived from federally legal hemp with less than 0.3 per cent Delta 9 THC. To business owners and consumers alike, that makes all the difference, as they can legally grow, sell and possess Delta 8 within the state.

In Pennsylvania, the legal status of Delta-8 THC is contested. The Pennsylvania District Attorneys Association has repeatedly argued that Delta 8 is illegal, and has gone after shops that sell Delta 8 and other psychoactive cannabinoids with raids.

However, Pennsylvania’s laws allow consumers to legally buy, possess and use Delta 8 products as long as they are derived from hemp and contain no more than 0.3 per cent Delta-9 THC. Thus, Pennsylvania residents may find that Delta-8 THC may be all their weed heads can wish for – at least until it crashes back down into the red.

As this time, it remains unclear what is and is not legal in Pennsylvania. Psychoactive cannabinoids (the actual drug) fall into a legal gray area for business owners, as they struggle to understand changing edicts from federal, state, and even county governments.

Keep in mind that Pennsylvania has its own Controlled Substances Act and Farm Bill. The latter specifies hemp as a cannabis plant with less than 0.3% concentration of THC. The CSA lists a handful of specific strains of isomers or extracts that are illegal, including Delta 1, 3, 4, and 6.

Although federal and state laws govern its legality, it is up to consumers to make sure they are abiding by them. Keeping abreast of the legal developments will help them do so. The rapidly changing reality regarding Delta-8 THC, its use and possession in Pennsylvania can only confuse people who are not familiar with this issue.

Where to Buy Delta 8 Products Online

Botany Farms is a reliable and quality-driven brand. Visit our website from which to buy Delta 8 products. Check out some of our top picks from our impressive Delta 8 product line below:

  • Delta-8 THC Pink Lemonade Gummies: For those who want to avoid messy oil, enjoy the benefits of Delta 8 discreetly, and without causing a fuss, gummies are a clean way to ingest your delta 8 with a controlled dose.
  • Delta-8 Godfather OG strain: For traditional stoners, Botany Farms’ Delta 8-infused flower delivers a strong high and smokes like green gold.
  • Delta-8 THC Tangerine Dream Vape Cart: Very fast-acting for users looking for instant effects, these are available in various cannabis strains for easy use and potency.

When buying Delta 8 products, be sure to do your due diligence and obtain these products from reputable sources, like Botany Farms, that meet the legal standards regarding safe production, consumption, and labeling guidelines related to quality and potency. Make sure that the products you buy contain what is promised by checking for lab test results.

To summarize, Delta-8 THC is legal in Pennsylvania, and local residents can now enjoy this cannabinoid without concern of breaking the law. In order to stay informed about the legality and purchase premium Delta 8 goods, it is important to keep abreast of the laws and to buy from reputable sources.

References:

  • https://www.usda.gov/farmbill
  • http://www.legis.state.pa.us/cfdocs/billInfo/bill_history.cfm?syear=2015&sind=0&body=H&type=B&bn=967
  • https://www.altoonamirror.com/news/local-news/2023/08/delta-8-sales-causing-controversy/
  • https://www.health.pa.gov/topics/Documents/Laws%20and%20Regulations/DDC_Act.pdf

This article was last updated in April 2024, and the information provided in relation to US federal and state cannabis laws is accurate as of the date provided. Due to the rapidly changing cannabis laws in the US, the information herein may become outdated at any time.

Additionally, this article is NOT intended to be legal advice. Botany Farms does NOT provide any legal advice; neither is any individual or entity associated with Botany Farms. Please consult official state government websites for current information regarding cannabis laws in your state.

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