Is Delta 8 THC Legal in Pennsylvania? 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 delta 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. 

Last Update: March 28, 2024


  • Delta 8 THC is not explicitly prohibited in Pennsylvania despite promises to regulate it.
  • The state has yet to pass new legislation since 2016, meaning the state’s hemp law is not in accordance with the 2018 Farm Bill. 
  • You can order delta 8 THC products online or at the nearest dispensary.
  • Mr. Hemp Flower offers a range of premium delta 8 THC products, including gummies, pre-rolls, and flower. You can order any of our high-quality products if you live in this state.

Is Delta 8 THC Legal in Pennsylvania? 

Hemp-derived delta 8 THC is not explicitly banned in Pennsylvania, so it’s likely legal. 

The state legalized hemp in 2016 under HB 967. Since then, Pennsylvania legislators haven’t passed a bill to align federal law with state hemp law. In this bill, hemp is defined similarly to the 2018 Farm Bill, or as:

“The plant Cannabis sativa L. and any part of that plant, whether growing or not, with a delta-9-tetrahydrocannabinol concentration of not more than 0.3% on a dry-weight basis.”

Therefore, under Pennsylvania law, hemp and any part of the plant that contains less than 0.3% THC is legal. 

But, the problem is Pennsylvania hasn’t amended its list of controlled substances to exclude hemp THCs from the definition of marijuana.

Although the state hasn’t explicitly banned the use and possession of delta 8 THC products, HB 967 doesn’t exempt hemp THCs from the list of illegal substances. 

This would make delta 8 and any THC (including legal delta 9 in a concentration of less than 0.3%) illegal. However, because hemp and all of its parts are legal, it can be assumed delta 8 is a legal substance if derived from hemp.

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 delta 8 products to individuals under 21.

Read more: State-by-State Legality of Delta 8 THC.    

Where to Buy Delta 8 THC in Pennsylvania?

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

Given the situation on the market, the best place to order D8 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 D8 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. 

Delta 8 THC is likely legal in Pennsylvania, so you can order any D8 product from our website. Our growing collection of D-8 THC contains items to fit everyone’s taste, including delta 8 THC gummies, soft gel capsules, hemp flower, D8 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. 

What is Delta 8 THC? 

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 D9 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.  

Delta 8 THC and Federal Law 

On a  federal level, delta 8 THC is in a legal gray area. 

The hemp plant contains a very low concentration of this cannabinoid in its organic state (less than 0.1%). Therefore, manufacturers use a chemical process to convert hemp-derived CBD into D8 THC. And that’s where the legality of D8 currently available in stores gets sticky. 

Under federal law, D8 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 D8 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, D8 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. 

D-8 is made from hemp-derived CBD — meaning there’s actual involvement of an organic source in its making. 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 gray area. 

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 D8 THC.

Final Thoughts

Delta 8 THC is legal to buy in Pennsylvania. The Keystone State hasn’t explicitly banned the manufacture, sale, and use of hemp-derived D8 products. Residents of Pennsylvania can freely order an array of D8 THC products online. 

Delta 8 Pennsylvania Laws

Be Sure to Check Out: 

All Our D-8 Products

Delta 8 THC Gummies

All Delta 9 THC Products


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.

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.

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

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.

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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