Is Delta-8 THC Legal in Pennsylvania? (April 2023 Update)

By | Updated on October 5, 2023

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Delta-8 THC counts as a hemp-derived product, which are legal in Pennsylvania and readily available online and in physical stores. But there could be new legislation that seeks to make delta-8 illegal. Here’s a closer look at delta 8 legality in the Keystone State.


Delta-8 THC is legal in Pennsylvania. However, two state lawmakers are planning to introduce legislation that would ban delta 8 products.

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Pennsylvania Delta-8 THC Laws

Pennsylvania was the second state to submit a state plan to regulate hemp to the USDA in January 2019. The state passed SB335, which includes two key 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%.

Pennsylvania SB335

Delta 8 fits under this definition of an industrial hemp product, making it legal in Pennsylvania.

However, two Pennsylvania state senators, Judith L. Schwank and Sharif Street, announced in an April 6, 2022 memo that they will be introducing legislation that would ban hemp-derived delta-8 THC products.

What is Delta-8 THC?

Delta 8 is a type of tetrahydrocannabinol (THC), the intoxicating compound in marijuana. Most people are only familiar with delta-9, the most common form of THC cannabis.

Delta-8 is weaker than delta-9 but can still get you high, causing euphoria, sleepiness, and other effects (1). Its concentrations in cannabis are low, so delta 8 is made through a chemical conversion from hemp-derived CBD.

Why Delta-8 THC is Federally Legal

Delta 8 is federally legal because of a loophole in the 2018 Farm Bill. The bill made hemp products legal as long as they contain no more than 0.3% delta-9 THC.

Since there’s no limit on other THC types, hemp-derived delta-8 is technically legal. It’s usually made by taking pure CBD, the most abundant cannabinoid in hemp, and chemically converting it into delta-8 THC.

States Where Delta-8 THC is Illegal

Each state can make its own delta 8 laws.

Delta-8 THC is currently illegal in 17 states: Colorado, Delaware, Hawaii, Idaho, Iowa, Massachusetts, Montana, New Hampshire, New York, North Dakota, Oregon, Rhode Island, Vermont, Utah, Virginia, Washington, and West Virginia.

The Future of Delta 8 in Pennsylvania

Delta 8 is legal in Pennsylvania. Although two senators said they would introduce legislation to ban it, we haven’t seen any bill introduced for over a year.

The good news is that interest in legalizing adult-use cannabis is growing in the state. If and when marijuana is legalized in Pennsylvania, we may see delta 8 regulated the same way. But we’ll have to wait and see.

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