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Is CBD Legal in Pennsylvania? CBD Laws 2022

Is CBD Legal in Pennsylvania? CBD Laws 2022

Pennsylvania is known as a production powerhouse, leading the nation in industrial coal, steel and railroads. Since 2016, it has also burgeoned as a producer of hemp-derived CBD following the state’s Industrial Hemp Act. 

Pennsylvania follows federal regulations set by the Food and Drug Administration, which state that food manufacturers cannot use CBD as a food additive.

That said, the legal status of CBD has changed several times over the years and there are several restrictions pertaining to its production: Legal CBD products must contain less than 0.3% THC and they cannot be marketed as a food product, nutritional supplement or dietary supplement in the state of Pennsylvania. 

CBD Laws in Pennsylvania: What You Need to Know 

Hemp-derived CBD oil with a THC content of less than 0.3% is legal in Pennsylvania under House Bill 967, Pennsylvania’s Industrial Hemp Act. However, Pennsylvania CBD laws follow federal guidelines regarding the use of CBD in food. As such, there are limits pertaining to legal CBD products produced and sold in Pennsylvania.

Here’s a quick overview of current Pennsylvania laws pertaining to CBD and cannabis:

  • House Bill 967 – Passed in 2016, HB 967 legalized the growth, cultivation and sale of industrial hemp and hemp products in Pennsylvania. In keeping with federal regulations, HB 967 requires hemp products to contain no more than 0.3% THC. CBD products exceeding this limit fall under the state’s marijuana regulations and are only legal with a medical marijuana card. Recreational marijuana, or recreational CBD exceeding 0.3% THC, is currently prohibited in the state.
  • Act 16 – Also known as the Pennsylvania Medical Marijuana Act, Act 16 was passed in 2016. This act allows individuals to use cannabis for medicinal purposes with a medical marijuana card issued by the state. Medical marijuana cards are only issued by a qualified physician for certain medical conditions. Act 16 also protects employees who are registered medical marijuana patients from discrimination in the workplace.
  • Senate Bill 3 – Passed in 2016, SB 3 allows licensed growers and manufacturers to cultivate and process cannabis plants for medical purposes. Amendments to the bill greatly expanded the list of qualifying medical conditions and added provisions allowing medical card holders to prepare edibles at home. SB 3 also created a state licensing board to oversee manufacturers and distributors of medical-grade CBD and marijuana products.

Is CBD Legal in Pennsylvania?

Is CBD oil legal in Pennsylvania? Yes. CBD oil and other hemp-derived CBD products are legal in Pennsylvania. However, as of 2022, changes have been made pertaining to edible forms of CBD.

Pennsylvania follows federal regulations set by the Food and Drug Administration, which state that food manufacturers cannot use CBD as a food additive. The FDA does allow certain ingredients obtained from hemp plants, such as hemp seeds and hemp oil, to be used in foods. 

Therefore, legal CBD products in Pennsylvania must:

  • Be derived from industrial hemp plants, not cannabis
  • Contain less than 0.3% THC
  • Not be in the form of a consumable, like an edible or gummy

Consumers are also advised to check the Certificate of Analysis (COA) before purchasing a CBD product in Pennsylvania to be sure it meets legal requirements. Any reputable CBD manufacturer should provide a COA on its website or the product label that lists detectable cannabinoids and contaminants. 

Additionally, Pennsylvania has no possession limit for hemp-derived CBD. 

Can I Buy CBD in Pennsylvania?

You can buy CBD products in Pennsylvania as long as they are not labeled as a nutritional supplement or food product and are produced from industrial hemp plants. Legal forms of CBD products include:

  • CBD oils
  • Tinctures
  • Topicals, creams and gels
  • Vapes

Edibles and gummies are not currently legal in Pennsylvania, although in 2021 they were briefly legalized for sale at retail locations licensed to sell alcohol. However, in April 2022, the Pennsylvania Liquor Control Board reversed its earlier decision, once again making the sale of edible CBD products illegal state-wide.

Can I Buy CBD Online? 

As long as the CBD product contains less than 0.3% THC, you can purchase CBD online and have it shipped to your door, even across state lines. Purchasing online can provide many more product options than you’ll find locally, especially if you’re in one of the more rural areas of the state. 

Be sure to choose an online manufacturer that’s transparent about where their hemp is sourced, what it contains, and how the CBD is extracted. Zebra CBD makes it easy to be 100% confident you know exactly what’s in your CBD, thanks to our Label Accuracy Guarantee™.

Can I Buy CBD at a Dispensary?

Yes, you can purchase CBD products at licensed dispensaries in Pennsylvania. As CBD regulations become less strict, more dispensaries are appearing throughout the state. You shouldn’t have much difficulty finding a good dispensary in your area.

Legal Status of CBD in Pennsylvania

While laws are ever changing, CBD is legal in Pennsylvania as long as it is not an edible product and is sourced from industrial hemp plants with less than 0.3% THC. Marijuana-derived CBD is currently not legal without a medical marijuana card. 

Age requirements to buy hemp-derived CBD or obtain a medical marijuana card in Pennsylvania are typically 18 years and older. However, buyers must be at least 21 to buy a CBD product from a smoke shop in Pennsylvania. 

Legal Disclaimer

The information contained above is provided for educational and informational purposes only, and should not be construed as legal advice. The provided information may not reflect current legal developments or information, and is not guaranteed to be correct, complete or current. We recommend checking our source(s) to see if the information or legal status have been revised since our content was published.

FAQ

1. Is CBD legal in Pennsylvania?

Yes, hemp-derived CBD products that aren't classified as edibles are legal in Pennsylvania. The product must be properly labeled, derived from hemp rather than cannabis, and contain no more than 0.3% THC.

2. How old do you have to be to buy CBD in Pennsylvania?

You must be over 18 to purchase CBD products from most sellers in Pennsylvania, and over 21 to purchase from a smoke shop. 

3. Can I sell CBD products in Pennsylvania?

As long as your product contains less than 0.3% THC, is derived from industrial hemp plants, and meets all testing requirements, you can sell CBD products in Pennsylvania without a special license or permit. However, hemp growers must obtain a license from the Pennsylvania Department of Agriculture.

Sources: 

Commonwealth of Pennsylvania. Getting Medical Marijuana. https://www.pa.gov/guides/pennsylvania-medical-marijuana-program/

National Law Review. PLCB Bans CBD. https://www.natlawreview.com/article/plcb-bans-cbd

Pennsylvania General Assembly. 2016 Act 16: Medical Marijuana Act. https://www.legis.state.pa.us/cfdocs/legis/li/uconsCheck.cfm?yr=2016&sessInd=0&act=16

Pennsylvania General Assembly. House Bill 967. https://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2021&sind=0&body=H&type=B&bn=967

Pennsylvania General Assembly. Senate Bill 3. https://www.legis.state.pa.us/cfdocs/billInfo/billInfo.cfm?sYear=2015&sInd=0&body=S&type=B&bn=0003