Is Delta 9 THC Legal in Pennsylvania?

Certain types of Delta 9 THC products are legal in Pennsylvania, including all our THC gummies and Delta 9 edibles.

Read on for the full scoop on the legality of Delta 9 THC in Pennsylvania.

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How is Delta 9 THC legal in Pennsylvania?

How to legally take Delta 9 products in Pennsylvania?

How do I find Delta 9 gummies in Pennsylvania?

Under the 2018 Farm Bill, Delta 9 THC-containing products are legal on a federal level in the US, provided they meet the following conditions.

1. The Delta 9 THC is derived from hemp
2. Products contain 0.3% or less of THC by dry weight

Pennsylvania followed up with similar state legislation authorizing the use of Delta 9 THC products that meet Farm Bill criteria.

Let’s get into the details.

The 2018 Farm Bill authorized the widespread production of hemp derived products on a federal level, and removed hemp from the DEA (Drug Enforcement Administration) list of Controlled Substances.

This Bill differentiated the definition of industrial hemp from marijuana, which is cultivated for its high THC content. Federally legal hemp products, according to the Farm Bill, must contain less than 0.3% of THC by dry weight, and the source of THC must be industrial hemp.

Even though hemp is legal on a federal level, each state can determine which hemp-derived products are legal in said state. For example, Delta 8 THC products are legal on a federal level but illegal in a number of states.

In Pennsylvania, marijuana-derived Delta 8 is only legal for registered medical cannabis patients.

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

Soon after the US Federal government passed the Farm Bill, Senator Schwank signed the Senate Bill NO 335 in 2019 which legalized industrial hemp in Pennsylvania in line with the limits suggested by the Farm Bill.

While there is a concentration limit for hemp-derived Delta-9 concentrations which can only be 0.3% or less on a dry weight basis, there is no concentration limit for Delta 8 and CBD in Pensylvania.

Medical Marijuana in Pennsylvania

The term “medical marijuana” refers to using the whole unprocessed marijuana plant or its basic extracts to treat a disease or symptom. Studies show that the marijuana plant contains chemicals that may help treat a range of illnesses or symptoms, and can assist patients suffering from serious medical conditions by alleviating pain and improving their quality of life.

The Pennsylvania Department of Health began the process of implementing the state’s Medical Marijuana Program which offers medical marijuana to patients who are under a physician’s care for the treatment of a serious medical condition.

In 2016, Governor Wolf signed Senate Bill 3, legalizing medical marijuana in Pennsylvania, and from February 2018 medical marijuana became available for patients with serious medical conditions who will be able to access medical marijuana with a physician’s certification at designated state dispensaries.

For now, recreational marijuana usage remains illegal in Pennsylvania, and the only way to legally possess the substance is by having a valid medical marijuana card. For now, the annual medical marijuana card cost is $50.

Sec. 2 Definitions

The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:

• "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%.

Sec. 3 Manufacturing of food products

Each manufacturer of food containing industrial hemp must comply with the following:

(1) Each part of the hemp plant utilized in the food product must come from a state that has an established and approved industrial hemp program or a country that inspects or regulates hemp under food safety or equivalent criteria to ensure safety for human consumption.

(2) The industrial hemp producer or grower must be in good standing and in compliance with the governing laws of the state or country of origin.

(3) The industrial hemp, each part of the industrial hemp plant used, and the finished product must not contain more than 0.3% delta-9 tetrahydrocannabinol.

(4) The product must be labeled in accordance with Federal and State labeling laws and in accordance with the following:

(i) Clear identification that the product contains hemp.

(ii) Clear identification that the product contains cannabidiol and the percentage of cannabidiol if added to the product.

(iii) The statement "The FDA has not evaluated this product for safety or efficacy."

Recent legal updates affecting Delta-9 THC in Pennsylvania

Pennsylvania regulates hemp under the Pennsylvania Industrial Hemp Act, codified at 3 Pa.C.S. § 701 et seq., originally enacted as Act 92 of 2016. Hemp-derived Delta-9 THC products are legal in Pennsylvania for adults when the finished product contains 0.3% or less Delta-9 THC by dry weight, matching the federal 2018 Farm Bill standard. Pennsylvania has not adopted a per-serving or per-container milligram cap on hemp-derived Delta-9, though that may change.

Senate Bill 49, sponsored by Senator Daniel Laughlin, would align Pennsylvania with the new federal hemp framework. On March 16, 2026, the Senate Law and Justice Committee voted 10–1 to amend SB 49 to mirror the federal total-THC standard, impose a 0.4 mg total-THC per-container cap, and exclude synthetic and unnaturally derived cannabinoids. The committee advanced the amended bill, but floor action is still pending as of publish date. If passed in its amended form, SB 49 would significantly restrict the hemp Delta-9 products currently sold at retail in Pennsylvania.

A separate 2023 advisory from the Pennsylvania Liquor Control Board prohibits the sale or service of hemp-derived Delta-9 THC beverages at any LCB-licensed establishment, meaning bars, restaurants, and liquor stores cannot stock hemp THC drinks regardless of compliance with the federal hemp threshold. Sales outside LCB-licensed premises remain permitted.

At the federal level, H.R. 5371, signed November 12, 2025, redefines hemp using a total-THC measurement and caps finished hemp products at 0.4 mg of total THC per container, effective November 12, 2026. Pennsylvania currently follows the older Delta-9-only standard, which means the federal change will have a significant practical impact on the Pennsylvania hemp market when it takes effect — most current 5–10 mg per-serving Delta-9 gummies will fall outside the new federal definition of hemp.

Marijuana-derived Delta-9 remains a Schedule I controlled substance in Pennsylvania outside the state's medical marijuana program, established by the Medical Marijuana Act (Act 16 of 2016, 35 P.S. § 10231.101). The medical program does not authorize commercial edibles; approved forms are limited to pills, capsules, oils, tinctures, topicals, concentrates, and dry leaf. Senate Bill 120, which would create an adult-use cannabis market in Pennsylvania, has stalled in the Senate Law and Justice Committee.

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FAQ on Delta 9 Pennsylvania Legality

Is Delta 9 gummies legal in Pennsylvania?

Yes, Farm Bill compliant Delta 9 gummies are legal in Pennsylvania. You can buy Delta 9 gummies online or in-store without any restrictions, so long as they meet the following conditions:

1. The THC must be derived from the hemp plant rather than the marijuana plant
2. THC concentrations must not exceed 0.3% by dry weight

What is stronger—Delta 8 or Delta 9?

Generally, Delta 9 THC is stronger than Delta 8 THC. According to a recent study, the effects of Delta 8 are much milder, with participants comparing this compound to ‘Delta 9’s younger sibling’. Due to their milder effects, gummies with Delta 8 are a great choice for people new to products containing hemp.

Is Delta legal in PA?

In Pennsylvania, Delta 8 and Delta 9 are legal to use, possess, sell, and distribute. All Delta 8 and Delta 9 products must be derived from hemp plants carrying no more than 0.3% THC dry weight. While Delta 9 is not yet widely available, it can be purchased online or through specialty retailers.

Is Delta-10 legal in Pennsylvania?

Yes, Delta 10 THC is legal in Pennsylvania in certain forms. As with Delta 8 and Delta 9, products containing less than 0.3% of hemp-derived Delta 10 by dry weight are legal.

The legality status of Delta 10 in Pennsylvania is subject to change, so it’s important to stay informed and understand the law around industrial hemp and its byproducts if you plan on consuming Delta 10, or any other THC product.

Is Delta 9 legal in all states?

In December 2018, the U.S. Congress passed the 2018 Farm Bill, federally legalizing hemp, defined as cannabis (Cannabis sativa L.) and derivatives of cannabis with extremely low concentrations of the psychoactive compound delta-9-tetrahydrocannabinol (THC) (no more than 0.3 percent THC on a dry weight basis), from the definition of marijuana in the Controlled Substances Act (CSA).

These products are now legal in 49 states which essentially follow the Farm Bill when it comes to Delta-9. Idaho is the only state where hemp Delta-9 is explicitly banned.

Is Delta 9 federally legal?

The Farm Bill that was passed in 2018 made it legal to grow and sell hemp-derived products that contain 0.3% or less delta-9 THC by dry weight. This law applies to all states in the US, plus Puerto Rico and D.C.

However, some states have additional restrictions on delta-9 THC, and California is the only state with general restrictions on hemp-derived delta-9 THC. These restrictions involve testing requirements and packaging restrictions.

Despite these restrictions, hemp delta-9 THC products are still legal in 42 states, making them widely available to consumers across the country.

Can I fly with Delta 9 gummies?

Yes, you can fly to and from 49 US states with hemp-derived Delta 9 gummies that contain less than 0.3% of THC, except Idaho. If you are traveling abroad, the legality status of hemp products in the country you’re traveling to will dictate whether you can fly with Delta 9. Remember, hemp is a controlled substance in many countries, and even fully illegal in some.

Is Delta 9 an indica or sativa?

Delta 9 itself is neither an indica or a sativa, but it can come from either of the two main strain types of the cannabis plant: Cannabis sativa and Cannabis indica. These cannabis plants produce different effects, as indica strains contain more CBD, leading to a more relaxing high. Unlike hemp-derived Delta 9, cannabis-derived Delta 9 THC is not federally legal.

Does Delta 9 show up on drug tests?

Yes, Delta 9 will show up on a drug test, as will all other forms of THC. If you know you’re going to be drug tested, stop taking products with THC about a month or so before the test, even if the product in question is fully legal.

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