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Is Delta-9 Legal in Pennsylvania? (Updated for 2024)

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

The Philadelphia cheesesteak fits right in this great state of Pennsylvania because you might know that when you’re done smoking some legal hemp products, you’ll probably want a fine cheese steak.

And so indeed on to the legalization of other cannabinoids in Pennsylvania but especially Delta-9 THC (it gets you high). When people are asking whether something is legal, it’s not an easy question to answer. For instance, if the inquisitor is asking whether Delta-9 THC is legal, the response is that it depends. When one says it depends, it usually means that it depends on a few critical details.

Here is a synopsis of the Delta-9 THC legalization situation in Pennsylvania. And for the most part, I’ll focus on smokable cannabis and not other types of Delta-9 THC products, like oils and edibles. Will you get high in Pennsylvania with Delta-9 THC or will cannabis helped by an intern be impressed by your Pinot Noir?

Unfortunately for you, unless your neighbor is growing it and you happen to know where, it’s impossible to find cannabis in Pennsylvania that will get you high. Pennsylvania has not yet legalised cannabis products or Delta-9 THC products for recreational use.

However, that also doesn’t necessarily mean that Delta-9 THC is illegal to buy. Technically speaking, it’s possible to legally acquire Delta-9 THC in Pennsylvania, and you could, but it needs to follow the rules and must stay under certain THC amounts. A closer look at the legalization of Delta-9 THC in Pennsylvania.

Key Takeaways from this Article:

  • Delta-9 THC is legal in Pennsylvania under specific conditions. It must be derived from hemp (not marijuana) and contain Delta-9 THC concentrations of no more than 0.3% on a dry weight basis. This aligns with the federal guidelines established by the 2018 Farm Bill, which legalized hemp-derived cannabinoids, provided they meet the stated THC threshold.
  • Pennsylvania's laws mirror federal legislation, allowing for the sale and use of Delta-9 THC products as long as they are derived from hemp and maintain the required THC concentration levels. 
  • Despite the legality of hemp-derived Delta-9 THC within specified limits, marijuana-derived Delta-9 THC remains a controlled substance in Pennsylvania. 

Delta-9-THC and Federal Law

As a class, and from a federal law perspective, the legal landscape surrounding Delta-9 THC is very clear. The 2018 Farm Bill was passed and made clear that all cannabinoid products are legal so long as they are derived from hemp, or from CBD, and so long as those products do not contain Delta-9 concentrations higher than 0.3% in dry weight concentrations.

That translates to Delta-9 THC products that are legally compliant, and legal, so long as the Delta-9 THC comes from CBD and hemp materials, and products that come in tinctures and edible products do not contain more than 3mg/gram of total weight.

Delta-9 comes directly from flowering cannabis plants and concentrations higher than 0.3% remain legally prohibited. That’s why cannabis flower derived from cannabis plants, per se, remain federally illegal. Click on this link to learn where Delta-9 is legal.

Pennsylvania Delta-9-THC laws

At this time, the Pennsylvania State laws surrounding Delta-9 THC appear to be more or less the same as the federal laws. In 2018, the Pennsylvania Senate passed Senate Bill #335, (find the full piece of legislation right here) otherwise known as the Industrial Hemp Act which is regarding the use of industrial hemp in Pennsylvania.

This bill simply states that any cannabinoid product must come from an industrial hemp plant that contains less than 0.3% Delta-9 THC and that any finished products, such as foods, must also not contain more than 0.3% Delta-9 THC.

Is Delta-9 a Controlled Substance in Pennsylvania?

Here, the law gets a little tricky because, in the eyes of the bill as reviewed above, any cannabinoid produced by industrial hemp or bred from CBD, and has below 0.3 percent Delta-9 THC, is legal.So Delta-9 THC produced by hemp is not considered a controlled substance, at least not in theory, especially when it does not show up at a ratio higher than 0.3 per cent in final products, such as food stuff, items, or concentrations.

By all accounts, cannabis and Delta-9 THC produced by cannabis are a controlled substance in the State of Pennsylvania.And as with every controlled substance, legal repercussions will result if you are caught using, possessing, or dealing with this drug.A controlled substance is a label for any compound, medicine, item or substance that has a known high potential for substance abuse.

Delta-9-THC Possession Limits in Pennsylvania

Since Delta-9 THC-cannabis comes from the plant Cannabis sativa L, a controlled substance, you can’t legally have a single gram. If less than 30 grams is found and/or your possession is for private use and grown domestically, that is a misdemeanour, requiring you to pay a $500 fine and spend 30 days in jail.If you have more than 30 grams, obviously, harsher jail sentences and fines are appropriate.

On the other hand, if you have some Delta-9THC with less than 0.3 per cent concentration and, for example, some of its source was hemp, you’ll be fine.

Delta-9 THC is only legal in Pennsylvania as long as it comes from the hemp plant and is not present in concentrations higher than those discussed above. Click here to find out if Delta-9 is legal in Alabama, and here to see if it is legal in Texas.

Where to Buy Delta-9 in Pennsylvania

If you want to buy legally acceptable quantities of Delta-9 THC in Pennsylvania, then right here at Botany Farms is the place to be. We have some great products for you to check out, such as our Blue Raspberry Delta-9 Gummies and our own Mixed Flavor Delta-9 THC Gummies. If you want something even less potent, our Delta-9 Microdose Gummies might be best for you.

Delta-9 THC in Pennsylvania: Frequently Asked Questions

Before we call it a day, let's just quickly answer your most pressing questions about Delta-9 THC in the state of Pennsylvania.

Can I Buy Delta-9 in Pennsylvania?

Yes, you can buy Delta-9 THC in Pennsylvania as long as it is present in quantities under 0.3% and comes from the hemp plant.

Is Delta-9 Safer Than Delta-8?

Realistically, neither of these is unsafe, but because Delta-9 THC is more regulated and has been studied more closely, you could say that it is safer.

How Much Delta-9 Will Get Me High?

For a beginner, just 5 milligrams or 10 milligrams at the most should be more than enough to get you high.

How Strong is Delta-9?

Delta-9 THC is fairly strong, about twice as strong as Delta-8 THC.

Sources used for this article:

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
https://www.congress.gov/bill/115th-congress/house-bill/2
https://www.health.harvard.edu/blog/medical-marijuana-2018011513085

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 bill across the state and federal levels in the US, the information herein may become outdated at any time. Additionally, and for the avoidance of doubt, this article is NOT intended to be legal advice and Botany Farms as provided or intended to provide any legal advice, nor is any individual or entity associated with Botany Farms providing legal advice. Please consult official state government websites for current information regarding cannabis laws for your state.

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