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Is Delta-8 THC Legal in PA?

Hemp-derived Delta-8 THC is legal in Pennsylvania according to the Farm Bill, and Pennsylvania state law. Keep reading to learn about Delta-8 in the Keystone State. Click here to order premium Delta-8 from Earthy Select!

What is Delta-8 THC? 

Delta-8 tetrahydrocannabinol (THC) is a cannabinoid, which means it is one of the many substances that comes from the cannabis plant, or hemp plant. Cannabinoids from plants are specifically called phytocannabinoids, and there are hundreds of them. When cannabinoids are consumed, they have an effect on the human endocannabinoid system (ECS).

The cannabinoids act as neuromodulators that work with the cannabinoid receptors throughout the human body. ​​Scientists are still actively studying the ECS, but researchers link it to regulating physiological and cognitive processes, pain-sensation, immune system activities, appetite, mood, memory, and in mediating the effects of cannabis [1].

Delta-8 is a very popular THC product used for therapeutic and personal enjoyment. It is similar to Delta-9 THC which will be discussed in the next section. Most states including Pennsylvania are onboard with legal hemp products like Delta-8.

What’s the Difference Between Delta-8 THC, Delta-9 THC, Delta-10 THC?

Delta-8 THC, Delta-9 THC, and Delta-10 THC are all naturally occurring cannabinoids, and all three are isomers of the same molecule, tetrahydrocannabinol, or THC. THC is one of the hundreds of identified cannabinoids from the industrial hemp plant, and it is the main psychoactive substance in cannabis.

What is an isomer? 

An isomer is each of two or more compounds with the same formula but a different arrangement of atoms in the molecule and with different properties.

The molecules that make these three types of THC are very similar in form, but a small structural difference is evident in where a double-bond occurs. For Delta-8 THC it is on the eighth carbon chain, for Delta-9 the ninth carbon chain, and for Delta-10 the tenth carbon chain.

The minimal chemical variations do make a difference in how the naturally occurring cannabinoid compounds work. Research shows that Delta-8 and Delta-10 share many of the effects of Delta-9, although typically at lower levels [2].

Learn more about hemp-derived Delta-9 here: Is Hemp-Derived Delta-9 Legal in America?

Order Earthy Select Delta-8 THC Pre-Rolls

What does “hemp-derived” mean?

Hemp-derived means made from hemp, sometimes also referred to as industrial hemp. Hemp is a botanical class of Cannabis sativa cultivars grown specifically for industrial or medicinal use [3].

It is refined and used in a very wide range of commercial products. Because of its relation to illegal weed, the hemp plant has faced uneven legality in the U.S. and other countries, despite being a sustainable powerhouse of a resource.

Hemp-derived means made from hemp, sometimes also referred to as industrial hemp. Hemp comes from the hemp plant. The Farm Bill (see next section) established new legal definitions and rules for industrial hemp, including that hemp and “and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis” may be legally used for production, sales, transport, and use.

Hemp and hemp derivatives include many cannabinoids like cannabidiol (CBD), Delta-8, Delta-9, and Delta-10 THC. These cannabinoids and others are federally-legal, and used in inhalable, edible, and topical hemp products.

Does the Farm Bill make Delta-8 THC legal everywhere? 

For many years in the U.S., cannabis was illegal whether or not it contained THC, its main psychoactive chemical that occurs naturally in the plant. In the 2010s, the United States Congress enacted two groundbreaking pieces of legislation, called “Agricultural Acts” and commonly known as the Farm Bills.

The 2014 Farm Bill removed hemp from the list of Schedule 1 substances, and was the seed of hemp’s recent resurgence. The Bill allowed long-forbidden research into hemp-derived cannabinoids to begin in earnest. The 2018 Farm Bill expanded on this, allowing people to produce, sell, and consume hemp-derived products, making it clear to legal experts that all other plant materials and substances derived from legally-defined hemp are also federally-compliant [4].

The Bill defines like this:

Hemp.–The term `hemp’ means the plant Cannabis sativa L. and any part of the plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

All THC isomers in Earthy Select products are made exclusively from organically-grown, federally-compliant hemp. Our premium hemp and all resin extracted therefrom is third party tested for purity and safety.

Most states passed similar laws in the year or years following the Farm Bill’s enactment. Most of these adopted the same definition of hemp, and legalized hemp and hemp-derived products and cannabinoids. That’s the case in Pennsylvania too, which has a robust hemp program

Can I buy Delta-8 in PA?

Can you buy Delta-8 in Pennsylvania? Yes you can! Finding great Delta-8 THC isn’t complicated. The best way is to buy directly from trusted brands like Earthy Select who follow safe manufacturing standards and use third-party testing to ensure a clean and potent product. If processing of Delta-8 is done poorly, it can lead to degradation, inaccurate potency, or harmful by-products.

The production methods and standards of industrial hemp and Delta-8 THC are critical for its quality, safety and legality. You should always buy from companies who provide a certificate of analysis (CoA) for each product. A CoA is a document attesting to a product’s laboratory analysis for cannabinoids and in some cases adulterants, heavy metals and pesticides.

Producers should only use third-party lab testing and publish the CoA results where buyers can access them. This transparency promotes trust and reliability between producers, wholesalers, retailers and purchasers.

Labs that are registered with the Drug Enforcement Agency (DEA) and International Standards Organization (ISO) and other managing entities follow federal regulations and are trusted to ensure federal-compliance with Delta-8 and other hemp-derived products.

Earthy Select provides the highest quality Delta-8 THC and offers third-party CoAs from registered labs for each and every product, including rich and potent Delta-8 and Delta-10 Oils which are non-GMO, gluten free and vegan!

Where is Delta-8 THC legal? 

According to the 2018 Farm Bill, all hemp-derived cannabinoids are federally-compliant as long as they contain less than .3% Delta-9 per dry weight. They can come from any part of the plant. This means that Delta-8 is not a federally-controlled substance if it is from hemp, and it contains less than .3% Delta-9 on a dry weight basis.

The federal government allows hemp and hemp-derived Delta-8 THC products nationally and will not limit their transportation across state lines. States still have the ability to limit Delta-8 or other cannabinoids within their own borders. To learn about all 50 states, read Is Delta-8 THC Legal in Your State?

To learn about Pennsylvania’s neighbors, read Is Delta-8 Staying Legal in Ohio in 2022?  Is Delta-8 Actually Legal in New York in 2022?  Is Delta-8 Staying Legal in New Jersey in 2022?

Where can I buy Delta-8 in Pennsylvania?

In Pennsylvania, Delta-8 is commonly available in shops and stores from Pittsburgh to Philly.

A better alternative for most people is to use the easy convenience of Earthy Select’s direct mail order service! We sell potent Delta-8 gummies, flower, lozenges, tablets, oils and vapes and we ship nationwide.

Order Earthy Select Delta-8 Delta-10 THC Oils

What is Pennsylvania Delta-8 THC law?

The Farm Bill and the state law make Delta-8 THC legal in Pennsylvania.

Following the 2014 Farm Bill, which made hemp federally legal, Pennsylvania introduced House Bill 967 which amended hemp rules, aimed at aligning the state’s guidelines with the federal definitions. Hemp plants and resin extracted therefrom can have up to the federal legal limit of .3% Delta-9 per dry weight.

The bill also makes hemp a category of medical cannabis that cannot be classified under Schedule I. The definition of “marijuana” specifically leaves out cannabis with less than .3% Delta-9 per dry weight.

In 2021, Pennsylvania updated its Hemp Production Plan to fulfill requirements from the USDA Final Rule from 2021.

Is there medical marijuana in Pennsylvania?

Pennsylvania state’s complex cannabis landscape has changed over the years. In 2014, Mayor Michael Nutter signed a bill for decriminalization of low level cannabis possession. In 2016, Pennsylvania lawmakers introduce legislation aiming to pass medical cannabis and passed Senate Bill 3, it established the state’s medical marijuana program [5]. Under it, patients may use medical marijuana or cannabis concentrate for an approved medical condition. Patients are people with an approved serious medical condition who are Pennsylvania residents and certified by a doctor participating in the state’s medical marijuana program.

Pennsylvania’s medical marijuana program sought to legalize medical cannabis for patients dealing with certain qualifying conditions. Potential medical marijuana patients can apply for a medical marijuana card for accessing medical marijuana from licensed physicians. A medical marijuana card cost $50 currently in Pennsylvania.

Recreational cannabis remains illegal under Pennsylvania state law. Recreational marijuana is also still illegal under federal law. However, several cities have passed ordinances to decriminalize recreational use. These include Philadelphia, Pittsburgh, Harrisburg, State College, York, Erie and more.

Closing thoughts on Delta-8 in Pennsylvania

Pennsylvanians love Delta-8 and all things cannabis! For the best products out there, ordering from Earthy Select is the way to go. You’ll love Earthy Select’s premium Delta-8 and we ship nationwide!

Disclaimer – Information is provided for educational purposes. It does not, and is not intended to, constitute legal advice or medical advice. We attempt to be accurate and up to date legal cannabis, but the legality of cannabinoids and the science of cannabis is evolving. The author is neither a lawyer or a legal expert, nor a doctor or medical expert. You should check with your local authorities and medical providers before buying or using cannabis sold illegally using any products.


  1. Wikipedia: Endocannabinoid System
  2. Delta-8 and Delta-9: Oral and Intravenous Comparison
  3. Wikipedia: Hemp
  4. HIA Position Statement on Delta-8 and Hemp Cannabinoids
  5. Pennsylvania Senate Bill 3

Frequently Asked Questions

Delta-8 THC is federally compliant, based on the Farm Bill’s definition of hemp, or industrial hemp, and its allowance of hemp-derived products. Federally compliant means hemp complies with federal regulations so it is federally legal in all states. The US Government does not limit the use, sale, or interstate transportation of hemp. A hemp plant is defined in the Farm Bill as cannabis that contains less than .3% Delta-9 THC per dry weight. Even though these products are federally-compliant, individual states may have their own regulations about purchasing or using hemp-based THC products. You should check your state and local rules before ordering.

Federally compliant means that something, like hemp, complies with federal regulations so it is legal under federal rules anywhere in the country. States may have localized rules that can say something is not compliant with state laws, even though it is compliant with federal law. You should check your state and local rules before ordering.

Products with THC, even at low dosages, have the potential to produce psychoactive and therapeutic effects. The strength of the effects on a particular person will be different depending on a few things: dosage level, body weight, food or other substances in the system, and experience/tolerance level of THC, and personal body chemistry. People may feel high after using Delta-8 THC products. Please use them responsibly.

There is no exact answer since everyone is different. Delta-8 THC effects typically last a matter of hours, depending on the product and method of ingestion.

Delta-8 THC can remain in the system for about two days if it’s only used once or twice. If used routinely or in high doses, it may take 2-5 weeks to be completely cleared from the system.

The strength and duration of the effects on a particular person will be different depending on a few things: dosage level, body weight, food or other substances in the system, and experience/tolerance level of THC, and personal body chemistry.

Not necessarily, and it depends. Marijuana is illegal for recreational use in Pennsylvania because it has more than .3% Delta-9 THC by definition. Medical marijuana is legal for those with proper state credentials. Hemp is legal because it has less than .3% D-9. Naturally occurring cannabinoids that come from industrial hemp with less than the .3% limit are legal. These include Delta-8, Delta-9, and Delta-10 THC and there are many more.