Is Delta-8 Legal in Pennsylvania?

Delta-8 is no longer safe in the Keystone State.

Man holding a large bag of delta-8 THC flower sold in Pennsylvania
Free THC product sample

While hemp-derived delta-8 is currently legal in Pennsylvania, two state lawmakers are attempting to legislate against it in the near future. If the legislation passes successfully, the use, possession, sale, distribution, and production of delta-8 in all forms will be banned. 

Other THC isomers, including HHC and THC-O, are legal, as are hemp-derived CBD, CBG, and CBC products under state law. 

Medical marijuana is legal, but recreational cannabis remains illegal in Pennsylvania. However, some major cities have chosen to decriminalize small quantities of recreational cannabis. 


  • Hemp-derived delta-8 is legal in Pennsylvania, but the state seeks to ban it. Marijuana-derived delta-8 is illegal. 
  • THC isomers (delta-10, HHC, THC-O) are currently legal and no upcoming legislation seeks to change this. 
  • Hemp-derived CBD, CBG, CBC, and other non-intoxicating compounds are legal under state law. 
  • Medical cannabis is legal. Recreational cannabis is illegal. Some cities within the state have decriminalized the possession of small quantities of recreational cannabis.

Is delta-8 THC legal in Pennsylvania?

Yes, delta-8 is legal in Pennsylvania. 

Under state law, you can freely use, possess, sell, distribute, purchase, market, and produce delta-8 products. All delta-8 products must be derived from hemp plants carrying no more than 0.3% THC. Marijuana-derived delta-8 is only legal for registered medical cannabis patients.

The legislative history of delta-8 in Pennsylvania

Pennsylvania legalized delta-8 after the passage of House Bill 967 in July 2016. This bill legalizes all hemp compounds and derivatives, provided the hemp plants or subsequent products carry no more than 0.3% THC. 

Fast-forward to 2022, and Pennsylvania is now seeking to ban hemp-derived delta-8 and its products. 

Pennsylvania Senator Judith L. Schwank and Sharif Street issued a memorandum to the state’s Senate on April 6, 2022. The memo states they will soon introduce legislation aiming to ban the use and purchase of delta-8, citing lack of regulatory oversight as the primary reason. 

Delta-8 THC is a naturally occurring compound in hemp in low concentrations. It can be manufactured in higher amounts by synthetically converting a better-known non-intoxicating compound, CBD, into Delta-8 THC. These products are being sold in neighborhood gas stations and corner stores without any kind of regulation. 

Senate of Pennsylvania

You can read the entire memo below:

Pennsylvania state senate letter about delta-8 thc legal status in the state
Source: Pennsylvania State Senate

What will a delta-8 ban mean for Pennsylvania?

A delta-8 ban is not an ideal situation for Pennsylvania. 

Many businesses within the state rely heavily on delta-8 THC products for profit, and many customers use them as an alternative treatment for a variety of health problems. A pig-headed ban will simply force delta-8 underground and create an even less regulated black market. 

If Pennsylvania wants to control delta-8 products in the market, we believe sensible state regulation is a better option. That way, the state government can establish a regulatory framework that oversees the production, manufacturing, and testing of products, ensuring better safety, quality, and transparency.

Buying delta-8 in Pennsylvania

Delta-8 gummies product purchased from Pennsylvania
Delta-8 products are available for purchase online or in retail CBD stores and vape shops in Pennsylvania. Photo: CBD Oracle

Despite looming legislation that could restrict or ban hemp-derived delta-8, you can still legally purchase delta-8 products online and through physical retail stores. 

While physical retail stores are a decent option for delta-8 products, we recommend buying from legitimate online delta-8 vendors. Online vendors are convenient and easily accessed, and you also purchase directly from the company instead of buying through a middleman. Just have an internet connection and a credit card, and you’re good to go. 

However, the question is: Which delta-8 products are safe and reliable to purchase?

We have a comprehensive list of the best delta-8 products currently on the market. Our team of cannabis experts vets every single delta-8 product to ensure safety, transparency, and quality at every level. You can find specific product recommendations below for:

Can you travel to Pennsylvania with delta-8?

Yes, it’s likely you can travel to Pennsylvania with hemp-derived delta-8 products carrying no more than 0.3% THC. However, you cannot travel into the state with marijuana-derived delta-8 in your possession. Marijuana is illegal on the state and federal levels. Carrying any form of marijuana (even medical cannabis purchase out of state) is prohibited. 

RELATED: How Long Is Delta 8 Detectable on a Drug Test?

Is marijuana legal in Pennsylvania?

Cannabis flower grown in Pennsylvania

Medical marijuana for eligible patients holding a state-licensed medical cannabis card is legal in Pennsylvania. Recreational cannabis remains illegal in the state, but several cities have decriminalized low-level cannabis possession. Several legislative attempts to legalize adult-use recreational marijuana have all but failed. However, three new recreational cannabis legalization hearings commenced in March 2022. 

Medical marijuana laws

Pennsylvania became the 24th US state to legalize medical cannabis on April 17, 2016, after the passage of Senate Bill 3 (SB 3), signed by Governor Tim Wolf.

SB 3 established a system allowing licensed physicians to prescribe medical cannabis and created a regulatory framework for its distribution to patients. The state only permitted non-smokable medical marijuana and prohibited home cultivation. 

Gov. Wolf updated Pennsylvania’s medical cannabis program after signing House Bill 1024 (HB 1024) on June 30, 2021. HB 1024 expands the list of qualifying conditions from 17 to over 40. Added conditions include AIDS/HIV, Parkinson’s disease, PTSD, autism, severe or intractable pain, addiction, and glaucoma. 

HB 1024 also allows whole-plant cannabis flower, vape products, and foods and drinks. Smoking cannabis flower is still prohibited but vaporization isn’t. 

The Pennsylvania Department of Health oversees the state’s medical marijuana program, implements rules, regulates licensing, and issues licenses to growers, processors, and dispensaries across the state. 

Pennsylvania’s first medical marijuana dispensaries opened in January 2018. There are now just under 150 operating within the state. Medical cannabis dispensaries can only distribute a 30-day supply of cannabis. 

Recreational marijuana laws

Recreational marijuana is illegal and strictly regulated in Pennsylvania. The state prohibits the use, possession, sale, distribution, purchase, and production of recreational cannabis unless it’s for medicinal reasons. Possession of under 30 grams is a misdemeanor punishable by up to 30 days in prison and a fine of up to $500. 

However, several cities have decriminalized possession of small quantities of cannabis, including Philadelphia, Pittsburgh, Harrisburg, Steelton, and York. 

A legislative attempt (SB 107) to decriminalize low-level cannabis possession across the entire state is currently underway. 

In Philadelphia, Mayor Michael Nutter signed a bill on October 20, 2014, decriminalizing possession of cannabis in quantities of up to 30 grams, lowering the penalty to a citation and a $25 fine. Smoking cannabis in public carries a $100 penalty with a citation and community service. The sale and distribution remain strictly illegal. 

RELATED: What Does a Delta 8 High Feel Like?

Can you purchase delta-10, THC-O, or HHC in Pennsylvania?

HHC vape product bought from CBD store in PA
Intoxicating hemp products including HHC, THC-P, Delta-10, and other THC isomers are sold in Pennsylvania. Photo: CBD Oracle

Yes, you can purchase delta-10, THC-O, and HHC in Pennsylvania. Under state law, all THC isomers remain legal under state law. You can purchase THC isomer products online and through physical retail stores without the risk of penalty or prosecution. 

RELATED: HHC vs Delta 8: Which Is Stronger?

Is CBD legal in Pennsylvania?

CBD is perfectly legal in Pennsylvania, provided it’s sourced from hemp plants carrying no more than 0.3% THC. Marijuana-derived CBD is only permitted for medicinal use. You cannot use, possess, or purchase marijuana-derived CBD without a valid state-licensed medical cannabis card. 

Pennsylvania legalized hemp and hemp-derived CBD in July 2016 after Governor signed SB 967 into law. This bill allows the use, possession, sale, purchase, and production of hemp and hemp-derived products, including CBD. 

However, per FDA regulations, you cannot legally sell or purchase CBD-infused foods, cosmetics, or dietary supplements

There are no hemp-derived CBD possession limits. You can use, possess, and purchase hemp CBD products in any quantity — big or small. 

RELATED: How Does Delta 8 Compare to CBD?

Upcoming legislation in Pennsylvania

The only legislation that could change delta-8’s legality in Pennsylvania is the one proposed in the memo mentioned above. If this future legislation passes, delta-8 will become illegal under state law. 

RELATED: Map of Legal Delta-8 States


Delta-8’s legal status isn’t safe in Pennsylvania. While other US states opt to restrict or regulate delta-8 products, Pennsylvania is taking more drastic measures, moving to ban them altogether. A ban will be a tragic blow to Pennsylvania’s delta-8 industry, likely pushing delta-8 products further underground, leading to an unnecessary black market. Let’s hope cooler heads prevail.