Is Delta-8 Legal in Pennsylvania? 2021 Laws And Regulations

Delta 8 Pennsylvania

Delta-8 THC is proof of the creativity and resourcefulness that drive the cannabis industry forward. Products containing this cannabinoid have been flying off the shelves for the past year. 

If you’ve meant to try D-8 THC, you probably want to know if it’s legal in Pennsylvania. Let’s look at the legal status of Delta-8 in the Keystone State. 

Is It Legal: Pennsylvania Delta-8 Laws 

The short and simple answer is: YES! Hemp-derived Delta-8 is LEGAL in Pennsylvania.

What Is Delta-8? 

Delta-8 THC is a minor hemp cannabinoid with big potential. Known as Delta-9’s sister cannabinoid that gets you mildly intoxicated, this compound is adored by users because they get to experience THC’s benefits without feeling “too high.”

Delta-8 may be similar to Delta-9 chemically, but it exhibits a more mild euphoric sensation. This cannabinoid is roughly half as potent as D-9 THC, giving users a clearer mind and more energy. The hemp plant contains trace amounts of this cannabinoid, which prompted manufacturers to get creative and make this compound from hemp-derived CBD.  

Where to Buy Delta-8 in Pennsylvania

Where to buy top-shelf, safe Delta-8 THC in Pennsylvania?

Given the situation on the market, the best place to order D-8 THC is online. But, look for a transparent and reliable brand that cares about screening its products for quality. At Mr. Hemp Flower, you can always rely on our detailed Certificate of Analysis as proof for product ingredients and their levels. 

If a vendor doesn’t provide lab tests that contain a thorough analysis of the cannabinoids and terpenes the product has been enriched with, avoid buying from them. Gas stations, bodegas, convenience stores, and other unlicensed outlets that sell D-8 THC products tend to offer cheap, untested products.  

Why Mr. Hemp Flower? 

We’re all about bringing whole-plant hemp health closer to you. Our team is dedicated to providing full spectrum cannabinoid products that benefit your body and mind. 

Because Delta-8 THC is likely legal in Pennsylvania, you can order any D-8 product from our website. Our growing collection of D-8 THC contains items to fit everyone’s taste, including Delta-8 THC gummies, concentrates, soft gel capsules, hemp flower, D-8 pre-rolls, and tinctures. 

All our products are made from legal, USA-grown hemp. With us, you can be 100% certain everything’s been tested and screened for quality. 

Continued, Is Delta-8 Legal in Pennsylvania? 

YES, hemp-derived Delta-8 THC is LEGAL in Pennsylvania. 

The state has aligned its hemp law to the 2018 Farm Bill, legalizing hemp and hemp products. Under Pennsylvania law, hemp and any part of the plant that contains less than 0.3% THC is legal. 

The state also legalized hemp products such as cosmetics, food, concentrates, extracts, derivatives, and finished products for human use and consumption. 

Pennsylvania has amended its list of controlled substances to exclude hemp with less than 0.3% THC from the definition of marijuana. 

The state hasn’t explicitly banned the use and possession of D-8 THC products. This means that hemp-derived Delta-8 THC is legal in Pennsylvania. 

State laws don’t define any possession limits or age restrictions on hemp-derived products. However, due to its intoxicating nature, most retailers don’t sell D-8 products to individuals under 21.    

Delta-8 THC and Federal Law 

On a  federal level, Delta-8 THC is in a legal grey area. 

The hemp plant contains a very low concentration of this cannabinoid in its organic state (less than 0.1%). At such low levels, extracting D-8 naturally is not a financially viable option for manufacturers. Therefore, they use a chemical process to convert hemp-derived CBD into D-8 THC. And that’s where the legality of D-8 currently available in stores gets sticky. 

Under federal law, D-8 THC that’s naturally present in the hemp plant is 100% legal. The 2018 Farm Bill legalized all hemp derivatives, cannabinoids, and extracts that come from hemp material with less than 0.3% THC on a dry weight basis. 

But, does D-8 made from hemp CBD fall under the Farm Bill as it’s not extracted directly from the hemp plant? 

The answer is complicated and has caused one of the most heated debates in the industry. Many believe that when made from hemp CBD, D-8 is illegal because it falls under the group of “synthetically derived tetrahydrocannabinols.” 

Federal law banned the manufacture and sale of “synthetic THC” like Spice and K2. These molecules are created from non-organic components in a lab, with no involvement of cannabis plant material in their making. Synthetic THC is dangerous because it can cause intense mind-altering and other side effects, which, in some cases, can be lethal. 

D-8 is made from hemp-derived CBD meaning there’s actual involvement of an organic source in its making. Also, D-8 is a mild tetrahydrocannabinol with less intense side-effects than classic THC. Most experts agree that while D-8 that’s made from hemp-derived CBD is not entirely natural, it’s NOT synthetic either. 

What causes the confusion is the lack of definition by federal law on “synthetic THC.” Namely, the law doesn’t explicitly define “synthetic,” which allows manufacturers to produce and sell this compound under a legal grey area. On the other side, it also gives space to the DEA to consider chemically derived D-8 a “synthetic THC.”

So far, the only response to the situation has been in the Interim Rule the DEA issued in 2020. In it, the agency stated that “all synthetically derived tetrahydrocannabinols remain Schedule I controlled substances,” without directly pointing out to D-8 THC. 

Bottom line

Delta-8 THC is legal to buy in Pennsylvania. The Keystone State hasn’t explicitly banned the manufacture, sale, and use of hemp-derived D-8 products. Residents of Pennsylvania can freely order an array of D-8 THC products online. 

Delta 8 Pennsylvania Laws

FAQ’s

Is Delta-8 still legal to buy in Pennsylvania?

It is! Pennsylvania hasn’t banned the manufacture and sale of D-8 THC products. If you live in this state, you can legally order D-8 products online.

Where to buy Delta-8 THC in Pennsylvania?

The best alternative is to order D-8 products online. This cannabinoid is currently in the legal grey area, so make sure you’re getting products from a reliable supplier.

Can I order Delta-8 online legally?

Get it till it’s available! Residents of the Keynote State can shop an array of D-8 products online safely and discreetly.

Is Delta-8 THC legal in all 50 states?

No, so far, 15 states have banned or restricted this hemp derivative, including Alaska, Arizona, Arkansas, Colorado, Delaware, Idaho, Iowa, Montana, Mississippi, New York, Kentucky, Rhode Island, Utah, Vermont, and Washington.

Is Delta-8 THC safe?

It is! D-8 is safe to consume, and it’s considered even safer than D-9 THC. The only danger from ingesting or inhaling this cannabinoid might come from untested products that could potentially contain toxins.

Read our legal disclaimer HERE. While we try to stay as up-to-date as possible on all state laws, you should do your own due diligence and work with a legal professional to ensure you are operating legally in your state or territory at all times. 

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