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cbd oil legal in pa

Pennsylvania CBD Oil Guide

Pennsylvania isn’t the most progressive state when it comes to Cannabis sativa , but it also isn’t the most conservative. As a result, Pennsylvania’s CBD oil laws are about average compared to the hemp regulations that apply throughout the rest of the country, and there’s lots of room for improvement in the ways that Pennsylvania views CBD. In this guide, get up to date with the latest developments in CBD law, and learn whether smoking CBD or using this cannabinoid any other way is legal in Pennsylvania.

Overview of federal CBD law as it applies to Pennsylvania

The 2018 Farm Bill was the most recent piece of federal legislation to have a major impact on the hemp industry throughout the United States. By removing CBD from the DEA’s definition of marijuana, this bill left the door open for states like Pennsylvania to pass comprehensive hemp reform packages.

In general, the 2018 Farm Bill took the conversation surrounding hemp use in the United States a few steps forward, and it helped Americans view hemp and CBD as things that are separate from marijuana and this drug’s addictive, intoxicating effects. All around the country, states are taking steps to bring their local hemp economies out of the “gray” market and into the mainstream, and hemp is becoming accepted as a natural medicine that’s fundamentally different from marijuana.

Pennsylvania cannabis law

The way a state views THC almost always affects its stance on CBD. In 2016, SB 3 was signed into law, which legalized marijuana in Pennsylvania for medical purposes and defined 17 qualifying conditions. This bill also created a state market for medical marijuana including a network of state-sanctioned medical marijuana dispensaries.

When SB 3 was passed into law, this bill only allowed the sale of non-smokable marijuana products. In 2018, however, this rule was rescinded, and medical marijuana patients can now access THC-rich cannabis flower in Pennsylvania . This means that smoking Cannabis sativa flower isn’t always viewed as an illegal act in this state, which might spare non-intoxicating hemp smokers from undue law enforcement scrutiny.

Medical marijuana patients in Pennsylvania are allowed to possess a 30-day supply of cannabis as defined by their medical providers. In most of Pennsylvania’s major cities, possessing small amounts of marijuana is decriminalized even if you aren’t a medical marijuana patient, further reducing the likelihood of CBD flower causing a misunderstanding in metro areas like Philadelphia, Harrisburg, and Pittsburgh.

CBD oil law in Pennsylvania

At this time, there are no laws in Pennsylvania that specifically mention the possession of CBD oil or any other CBD-rich products. As a result, the issue of CBD possession in Pennsylvania reverts to federal law, which, as per the 2018 Farm Bill, designates that CBD is not marijuana and that it is not an illegal drug.

Despite the fact that Pennsylvania does not have any laws that specifically pertain to CBD possession, this state does have an established legal position on hemp. The 2014 Farm Bill made it legal to cultivate hemp in the United States as long as it contained less than 0.3% THC, and Pennsylvania was one of the states that took this federal legislation as the green light to establish a state hemp agriculture program.

In Pennsylvania, it is legal to produce hemp containing high concentrations of CBD as long as hemp agriculture operations comply with the state’s strict regulatory standards. Pennsylvania is now one of the most notable hemp-producing states in the country, which makes it hard for Pennsylvania law enforcement to take a hard-nosed stance on possession of CBD products.

In the future, Pennsylvania may decide to follow in the footsteps of Texas, Kansas, Florida, and many other states by passing legislation that specifically allows the sale and possession of CBD-rich products within its borders. Since Pennsylvania does not have any laws that specifically prohibit the sale or possession of CBD products, however, such legislation may be viewed as unnecessary.

Pennsylvania CBD flower laws

No states that either implicitly or explicitly allow CBD commerce within their borders have laws that specifically pertain to the possession or sale of CBD flower . This lack of legislation regarding CBD-rich hemp flower can partially be attributed to the relative newness of this product category. At the time that most states were passing their CBD and medical marijuana laws, the CBD flower industry was practically nonexistent, and the most common types of CBD products on the market were tinctures.

There is no difference between CBD flower and other CBD products from a legal point of view. As long as CBD flower contains less than 0.3% THC, it is considered to be hemp, and as a result, hemp-specific or CBD-specific laws apply to products in this category.

From a public relations perspective, however, CBD flower is uniquely unlike any other CBD product category on the market. That’s because, for all intents and purposes, CBD flower looks and smells identical to marijiuana flower. CBD-rich hemp flower and THC-rich marijuana contain different dominant compounds, but this dissimilarity can only be demonstrated with lab testing. Of course, CBD flower and marijuana also produce entirely different effects when smoked or vaporized, but law enforcement officers are unlikely to take a puff of Cannabis sativa flower they’re inspecting to see if it gets them high or not.

Despite the official legality of CBD flower, it’s always easier to use CBD products in this category in states that have relatively lax positions toward Cannabis sativa in general. Due to the rapidly increasing popularity of CBD-rich hemp flower, law enforcement agencies across the country are finding it practically impossible to prosecute marijuana possession charges , so the likelihood that you’ll be unjustly arrested for possessing marijuana if you use CBD flower is the lowest it’s ever been.

Regardless, it’s encouraging to know that medical marijuana in Pennsylvania has changed this state’s stance toward cannabis. If you live in one of Pennsylvania’s major cities, even possessing THC-rich marijuana isn’t a criminal act.

Pennsylvania industrial hemp law

The Pennsylvania hemp industry continues to grow at a rapid pace. In time, Pennsylvania may veer toward CBD self-sufficiency as its hemp farmers produce enough CBD to satisfy this state’s nearly 13 million residents. At present, however, Pennsylvania industrial hemp production remains limited due to this state’s constantly shifting regulatory framework.

Using the 2014 Farm Bill as its guide, Pennsylvania enacted HB 967 in 2017, which permitted farmers in this state to grow hemp for research purposes. During this legislation’s inaugural year, however, only 36 acres of hemp were cultivated, resulting in a negligible harvest.

Following the passage of the 2018 Farm Bill, hemp cultivation in Pennsylvania picked up considerable steam. Over 4,000 acres of Pennsylvanian hemp were harvested in 2019, and 324 hemp farmers were granted cultivation licenses. This Pennsylvania hemp boom can partially be attributed to the removal of a prior regulation stipulating that farmers in this state could only cultivate 100 acres of hemp each.

The blossoming Pennsylvania industrial hemp economy isn’t without its share of setbacks, however. The original architects of this state’s industrial hemp legislation failed to account for the fact that THCa , the acid form of THC, transforms into true THC when it is heated. As a result, Pennsylvania only required that industrial hemp contain less than 0.3% THC, not 0.3% THC combined with THCa.

Now, Pennsylvania farmers who previously cultivated strains of industrial hemp containing high concentrations of THCa are being forced to switch to other cultivars if they don’t want state agents to destroy their crops. The Pennsylvania hemp market may need to face a variety of such challenges before it’s ready for true self-sufficiency.

The future of Pennsylvania CBD law

A prominent Pennsylvania lawmaker recently proposed legislation that would legalize recreational marijuana for adults over 21. Recreational marijuana is rapidly becoming the norm across the nation, so it wouldn’t be surprising if Pennsylvania became the latest state to jump on the bandwagon.

Legalizing marijuana in Pennsylvania wouldn’t necessarily lend clarity to this state’s stance on CBD, however. Based on the example of California , legalizing recreational marijuana could muddy the status of CBD in Pennsylvania even further. CBD is proving to be a tricky legislative topic even for states with the most ardently pro-cannabis policies.

If Pennsylvania lawmakers truly want their fledgling CBD industry to thrive, they should pass legislation that specifically legitimizes CBD commerce. States that have adopted these types of laws have seen sharp spikes in CBD usage, and doing so could provide a vital outlet for Pennsylvania-based hemp growers and CBD producers.

There’s only so much that individual states can do, however, to help their state-specific hemp industries blossom. What’s needed is further clarity on the federal level regarding the status of CBD and its relation to THC.

Will future federal regulation affect CBD law in Pennsylvania?

While the 2018 Farm Bill made it clear that CBD is no longer considered to be a scheduled drug, this piece of legislation didn’t provide any specific information on how CBD should be sold and regulated across the United States. Generally, such decisions aren’t under the purview of Congress, which exists to pass legislative proposals into law. It’s the job of executive branch agencies like the FDA and DEA to provide specific guidance on how substances like CBD should be handled in the marketplace.

So far, the FDA has declined to specify its position on CBD. While this agency has sent several warning letters to CBD producers that made medical claims or committed other obvious errors, the FDA hasn’t declared CBD to be a supplement, an over-the-counter drug, or a prescription drug that must be approved on a drug-by-drug basis.

Until the FDA provides clarity on its stance toward CBD, it’s unlikely that states like Pennsylvania will take any drastic actions to change their hemp and CBD policies. There’s simply too much risk that laws passed at the state level may come into conflict with guidance the FDA releases at a later date. Due to the current federal focus on the COVID-19 pandemic, it’s unlikely that we’ll see any major movement on the federal CBD policy front during the remainder of 2020.

Where to buy CBD oil in Pennsylvania

Currently, CBD products are widely available in many retail outlets across the state of Pennsylvania. Ever since the passage of the 2014 Farm Bill, gas stations, convenience stores, and natural food stores have felt emboldened to offer CBD products on their shelves, and some retailers in Pennsylvania now even offer CBD flower products.

Despite the fact that CBD is offered in many Pennsylvania stores, you might want to buy CBD flower and other CBD products online instead. When you buy CBD online, you gain access to customer reviews, lab reports, and other information that you can use to make educated buying decisions. Retail stores that offer CBD generally don’t provide much information on their products.

When you buy CBD online, you also gain access to a much wider range of product offerings than you’d be able to find in a retail store. Most online CBD retailers ship their products to all 50 states—including Pennsylvania. To learn more about CBD, visit the Secret Nature blog , and please drop us a line if you have any questions.

Are CBD products legal in Pennsylvania, and what’s the latest Pennsylvania CBD law news? Learn everything that CBD-loving Pennsylvania residents need to know.

Where to Buy CBD in Pennsylvania in 2020

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If you’re looking to purchase legal CBD in Pennsylvania, this article has the answers you’re looking for.

The CBD industry is relatively new and can be challenging to understand. That’s why we’ve examined the local laws and included a helpful guide for buying good-value, high-quality CBD in Pennsylvania.

Usually, your safest option for finding legal CBD in Pennsylvania is to place your order with a reliable online store. Online stores generally have the best selection for low prices.

But before we dive into the details of buying CBD in Pennsylvania, you need to know the laws regarding marijuana products in the Keystone State.

Table of Contents
  • Buy CBD Oil in Pennsylvania:
  • Is CBD Legal in Pennsylvania?
  • How to Buy CBD in Pennsylvania
    • Advice for Buying Quality CBD in Pennsylvania
    • Shopping Online
  • Is Marijuana Legal in Pennsylvania?
    • According to the Controlled Substances Act, a Schedule 1 Drug has the Following Qualities:
    • Pennsylvania Marijuana Possession Penalties
      • Municipal Decriminalization in Pennsylvania
  • Medical Marijuana in Pennsylvania
    • Pennsylvania Medical Marijuana Program
      • Pennsylvania Medical Marijuana Eligible Medical Conditions
  • Final Notes on Buying CBD in Pennsylvania

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Is CBD Legal in Pennsylvania?

YES! As a result of a recent change to the Agricultural Act, CBD is legal to purchase in all 50 states. However, the law changes depending on the source of your CBD.

CBD can be derived from both marijuana and industrial hemp plants. The critical difference between the two plants (in the eyes of the law) is the amount of THC they contain.

THC is the active ingredient in marijuana that causes the user to feel high. Marijuana-derived CBD will have high levels of THC, which means that you’ll likely get stoned if you use it. If the CBD is derived from marijuana, it is illegal for the general public of Pennsylvania to possess.

Industrial hemp CBD generally contains less than 0.3% THC and, as a result of the 2018 Agricultural Act, are no longer considered as marijuana under the Controlled Substances Act.

Therefore, as long as your CBD is made with industrial hemp, you shouldn’t have any trouble with the law.

Now, let’s take a look at how you can find high-quality CBD oils in Pennsylvania.

How to Buy CBD in Pennsylvania

Usually, your best bet for finding legal, high-quality industrial hemp CBD is by placing an order with an online store.

Before you go ahead and place an order, take a look at our guide below for finding high-quality CBD every time.

Advice for Buying Quality CBD in Pennsylvania

  1. Only buy from companies that have had their products tested by an outside lab. Third-party labs can verify that your CBD is free from toxins, such as pesticides or solvents, and that the CBD advertised matches what’s actually in the product.
  2. Double-check the THC content. For your CBD to be considered legal in the United States, it must have a THC content of less than 0.3%. If the THC content exceeds this limit, you might find yourself in trouble with the law.
  3. Make sure your CBD is labeled as “full-spectrum.” Full-spectrum CBD is produced using the entire hemp plant. This process captures additional beneficial cannabinoids that help your body process CBD. Some good compounds to look out for are terpenes and flavonoids. Learn more about cannabinoids here.

If you take the time to perform a few simple checks, you increase the chances of finding high-quality CBD substantially.

These checks are much easier to perform when you shop online rather than in-store. Any reputable CBD supplier will have these metrics listed in an easy-to-find place on its website.

Shopping Online

Shopping online is almost always the best way to find high-quality CBD.

When you shop online, you can double-check that the supplier has had its products tested by an outside lab. Any reputable source will have these tests available on its website.

There is a much more extensive selection of products available in online stores. You should be able to find tinctures, creams, balms, oils, waxes, vape liquids, and more when you search online. You might only have one or two options available in-store.

Lastly, products online are usually less expensive than those found in-store. Online suppliers can offer you bulk purchase options and discount specials that local stores would have trouble matching.

If you would prefer to shop locally, we have included a list below of stores in Pennsylvania that may be able to help you with all things CBD.

Is Marijuana Legal in Pennsylvania?

Currently, marijuana is only legal for medicinal purposes in Pennsylvania. However, the state has tried implementing recreational marijuana laws and has decriminalized it to some extent.

Even though many states have legalized marijuana for recreational and medicinal use, it remains a schedule 1 drug according to the Federal Government.

According to the Controlled Substances Act, a Schedule 1 Drug has the Following Qualities:

  • It’s highly addictive and has a high potential to be abused.
  • It has no accepted medical value in the United States.
  • It can’t be used safely under professional medical supervision.

Marijuana is listed here along with heroin, LSD, ecstasy, and magic mushrooms.

Regardless of what the state laws are, you can still face punishment by the Federal Government if you own any drug listed as a controlled substance.

The Federal Government doesn’t usually interfere with minor drug violations, but it’s good to be aware.

Pennsylvania Marijuana Possession Penalties

Although marijuana is still illegal in Pennsylvania, the punishments for possession are lighter when compared with many of the other states.

Pennsylvania law doesn’t recognize a difference between marijuana plants and prepared, ready-to-smoke weed. The charges are entirely based on weight.

If you’re caught with 30 grams (a little more than an ounce), it’s a misdemeanor, and you could face up to 30 days in jail and a fine of $500.

Anything over 30 grams and the punishment rises to a year in jail and a $5000 fine. If you’re caught a second time with more than 30 grams, it becomes a felony, and you might be spending the next three years in jail and $25,000 poorer.

Although marijuana is illegal on the state level, some cities in Pennsylvania have decriminalized first-time possession of small amounts.

Municipal Decriminalization in Pennsylvania

In 2014, Philadelphia became the United States’ largest city to decriminalize marijuana possession. Under the new laws, getting caught with less than 30 grams will only lead to a fine of $25. Smoking in public will get you a $100 fine or nine hours of community service.

However, before you run out to pick up some bud, it’s important to note that it’s up to the police officer’s discretion. The authorities can still charge you under state law, as a result of which you might receive jail time and a criminal record.

Other cities in Pennsylvania that have decriminalized marijuana possession include Erie, York, Harrisburg, Pittsburgh, and State College.

A compelling case comes out of the small town of Sunbury. Constable Ed Quiggle Jr. introduced the Compassionate Medical Cannabis Reform Resolution, which makes it the official policy of Sunbury police not to enforce any law — state or federal — that interferes with a medical marijuana patient’s right to access weed.

Medical Marijuana in Pennsylvania

Pennsylvania has implemented a medical marijuana program. If you’re interested in marijuana and would like to stay out of trouble with the law, applying for a medical marijuana card is the way to go.

Pennsylvania Medical Marijuana Program

Pennsylvania introduced its medical marijuana program in 2016 with Senate Bill 2.

Senate Bill 2 removed all criminal penalties for marijuana users who have a signed recommendation from a licensed physician and are registered with The Pennsylvania Marijuana Registry.

To receive a medical marijuana recommendation, you’ll need to be diagnosed with an eligible medical condition.

Pennsylvania Medical Marijuana Eligible Medical Conditions
  • Cancer
  • HIV / AIDS
  • Amyotrophic Lateral Sclerosis
  • Parkinson’s disease
  • Multiple Sclerosis
  • Epilepsy
  • Inflammatory bowel disease
  • Neuropathies
  • Huntington’s disease
  • Crohn’s disease
  • Post-Traumatic Stress Disorder
  • Intractable seizures
  • Glaucoma
  • Sickle Cell Anemia
  • Autism
  • Other terminal illnesses, where the patient has less than a year to live.
  • Neurodegenerative diseases
  • Opioid-use disorders
  • Dyskinetic and spastic movement disorders

If you have one of the above medical conditions, you might be eligible for medical marijuana in Pennsylvania.

You’ll need to be a Pennsylvania resident and at least 18 years old with a valid ID proving residency.

Next, you’ll have to visit your doctor and get them to provide a recommendation for medical marijuana. Your doctor must be able to provide medical records that describe your condition.

If you’re able to complete those steps, you’ll need to go online and register with the Pennsylvania Department of Health as a medical marijuana patient. There is a $50 fee for applying and, if you’re approved, a medical marijuana card will be sent out to you.

Final Notes on Buying CBD in Pennsylvania

Pennsylvania is slowly catching up with the rest of the United States when it comes to marijuana laws.

Although Pennsylvania hasn’t legalized recreational marijuana use yet, the state has implemented a successful medical marijuana program. So, if you’re a medical marijuana patient, head into your dispensary for the best CBD recommendations found locally.

If you’re not a medical marijuana patient in Pennsylvania, then place your order online with a trusted CBD supplier.

Welcome to the wonderful world of CBD, Pennsylvania!

Buying CBD in Pennsylvania? CBD can be found legally online and in-store, but there are laws you need to be aware of before placing an order.