Pennsylvania is the home of Philadelphia cheesesteaks and is one of the oldest states in the nation. The state also has one more feather in its cap. It’s known to be one of the first few states to legalize Delta-8 THC. But although the state legalized hemp in 2016—a little earlier than most states—the state law remains unclear.
The confusion stems from the fact that the statute does not remove hemp from the state’s definitions of “marijuana” or “THC” in the list of restricted substances. Due to this, a lot of district attorneys in the state maintain that delta-8 THC is still illegal even if it was extracted from hemp that was compliant with the law and contains less than 0.3% delta-9 THC.
So, can you still legally get your hands on Delta-8 THC in Pennsylvania this year, 2023? If that’s the case, how long will it last, and what’s its future in the state? Keep reading to find out more on the topic.
Is Delta-8 THC Legal In Pennsylvania: The Legal History
Yes, Delta-8 THC is legal in Pennsylvania.
Every cannabinoid and its derivatives, along with all tetrahydrocannabinol excluding Delta-9 THC, are legal under federal law in Pennsylvania. That is, as long as they follow the standards for hemp & cbd products. It might be difficult to understand the specifics of Delta-8 rules in Pennsylvania. That’s because each state has its own regulations for hemp.
Passed by Congress, the Agriculture Improvement Act (AIC) has been a major factor in the recent expansion of the national hemp industry. The most notable reform of this law was the establishment of a clear legal threshold. This threshold defines hemp and marijuana, notwithstanding their scientific resemblance. Marijuana is defined as cannabis plants with a THC content of 0.3% or more, whereas hemp has a lower limit.
First and foremost, the AIC made hemp derivatives, such as D8, lawful. Surprisingly, Pennsylvania authorized Delta-8 before the national government approved it. All substances and derivatives derived from hemp were made lawful in the state with the passage of House Bill-967 in 2016, with the restriction that the products have to contain a THC concentration of less than 0.3%.
Purchasing Delta-8 In Pennsylvania
In Pennsylvania, consumers can purchase Delta-8 THC from both online and physical retailers. This substance is available in many strains and delivery systems, including edibles, consumable vapes, vape cartridges, and more. Although you may not have a store conveniently located near you, it’s pretty easy to find this natural remedy in the state. Plus, since D8 products are legal for sale online, you can get them delivered to your doorsteps.
Many retailers and producers may export D8 products to Pennsylvania if doing so does not violate local, state, or federal laws. While shopping for Delta-8, you should ensure that the product you buy is produced from authorized hemp only by a licensed vendor to avoid legal repercussions. There have been many instances where police have searched the stores throughout the state and seized illegal products.
Note: In Pennsylvania, the legal age to purchase hemp products is 21.
Can You Drive While Under The Influence Of Delta-8 THC In Pennsylvania?
According to Pennsylvania’s DUI law, it is against the law to drive a motor vehicle while under the influence of any drug that impairs your ability to drive, have any amount of a Schedule I controlled substance in your blood, have metabolites of a controlled substance in your blood above a threshold value, or both. You cannot drive while having D8 THC in your blood because it is still controlled under the Controlled Substances Act and will undoubtedly impair your ability to drive.
Is It Legal To Consume Delta-8 THE In Public?
Aside from the rules against smoking in enclosed public spaces, Pennsylvania does not have any restrictions on the use of Delta-8 THC in public.
There isn’t a specific regulation prohibiting the consumption of industrial hemp products, as was stated in HB 967, so it’s not legal to consume D8 THC in public. The most relevant law here is the Clean Indoor Air Act of 2008, which prohibits smoking in enclosed public areas and defines smoking so that Delta-8 THC smoking is included.
Technically, Delta-8 THC edibles can be used anywhere, and they can be smoked or vaped any place cigarettes can be smoked. However, this does not mean that you should. It’s possible that if you smoked D8 in a smoking area, other people would think you were smoking marijuana. You could want to make your case, as the law might allow you to do so, but it might be difficult because Pennsylvania Delta-8 legislation is so unclear.
Traveling To Pennsylvania With Delta-8
Although the state’s legal situation is not entirely clear, bringing Delta-8 THC into the state would be legal if it is regarded as legal in Pennsylvania.
You can enter Pennsylvania with Delta-8 THC goods if hemp is allowed in Pennsylvania, as it appears to be despite ambiguous state law.
The Transport Security Administration (TSA) emphasizes that you are allowed to travel with hemp products that are compliant (i.e., have less than 0.3% delta-9 THC on a dry weight basis) and emphasizes that they are not particularly interested in detecting marijuana even if they are required to report legal infractions.
To be on the safe side, consider bringing a Certificate of Analysis (COA) for the products you are carrying so you confirm that they are Farm Bill compliant.
Even though D8 THC complies with federal hemp regulations, the biggest problem you might run into while traveling to Pennsylvania with it is someone thinking it’s a controlled substance there.
Closing Thoughts: Future Of Delta 8 In Pennsylvania
In February 2023, Senators Schwank and Street said that they would introduce a bill in the 2023–2024 legislative session that would restrict the sale of delta-8 THC to adults (21 and over), require testing and proper labeling during the 2023–2024 legislative session.
The same senators announced a similar bill in the 2021-2022 session with the intention of outright prohibiting D8 THC, but nothing came of it. However, a similar bill will probably be proposed in the upcoming year due to the senators’ continued interest in the matter. Moreover, it’s highly probable that any acceptable limitations will pass into law, given the state’s strong hostility to D8 THC.
However, this prohibition would be awful in Pennsylvania. Profits for many companies in Keystone State depend on sales of Delta-8 items. Thousands of individuals use D8 each year as a complementary or alternative remedy for a wide range of issues.
Delta-8 is currently legal for sale in Pennsylvania despite pending legislation that might limit or prohibit the sale of the substance. At this time, D8 seems to be the only opportunity for residents of Pennsylvania to get the benefits of cannabis without first obtaining a license for medical marijuana.
Frequently Asked Questions
Is Delta Eight THC Legal In Pennsylvania?
Although hemp-derived Delta-8 is legal in Pennsylvania, marijuana-sourced D8 is only legal for medical use.
Can Anyone Buy Delta-8 In PA?
In Pennsylvania, you have to be 21 or older to purchase any Delta-8 products derived from hemp.
Are edibles Legal In Pennsylvania In 2023?
While hemp-sourced edibles are legal, marijuana-sourced cannabis edibles remain illegal. The proposed bill, SB 538, which will be voted on in 2023–2024, might make edibles legal and include them in the medicinal marijuana program. However, purchasing and selling edibles is still prohibited at the moment.
