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Is CBD oil legal in Pennsylvania?

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Contents

  1. What is CBD?
  2. Why is CBD sometimes illegal?
  3. Pennsylvania CBD laws
  4. Where to buy CBD in Pennsylvania
  5. How to read CBD labels and packaging

Yes, cannabidiol (CBD) oil and other CBD products are legal and widely available in Pennsylvania. The state legalized medical marijuana and launched its Industrial Hemp Pilot Program in 2016. In 2016, Governor Tom Wolf signed Senate Bill 3, establishing a medical marijuana program, including a Medical Marijuana Program Fund, a Medical Marijuana Advisory Board, and a research program. It’s one of many states that began writing and rewriting state law following the signing of the Hemp Farming Act of 2018, which legalized hemp and hemp-derived products on a federal level.

Hemp and hemp-derived products are legal in Pennsylvania and overseen by the state’s Department of Agriculture. Pennsylvania has carefully detailed rules about growing hemp, from seed procurement to crop testing, but on anything other than that, it simply says citizens are responsible for following state and federal laws.

What is CBD?

CBD is a non-intoxicating cannabinoid found in cannabis. After tetrahydrocannabinol (THC), cannabidiol (CBD) is the second-most abundant cannabinoid in the plant and has many potential therapeutic benefits, including anti-inflammatory, analgesic, anti-anxiety, and seizure-suppressant properties. CBD can be sourced from both marijuana plants and hemp plants, which are legal in most countries as they contain minuscule amounts of THC.

CBD stands for cannabidiol, a non-intoxicating substance found in cannabis. Photo by: Gina Coleman/Weedmaps

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Combine THC and CBD to fully employ the entourage effect; THC and CBD work hand-in-hand to amplify each others’ effects.

Why is CBD sometimes illegal?

The 1970 Federal Controlled Substances Act categorized all types of cannabis, including hemp, as Schedule I, defined as a substance with a high potential for abuse, no accepted medical use, and a likelihood for addiction. The act prevented further research that may have shed light on beneficial uses for cannabis.

But this started to change with the passage of the 2014 Hemp Farming Bill, which recognized the difference between hemp, a low-THC, high-CBD type of cannabis, and marijuana. Hemp was defined as having less than .3% THC by weight, while marijuana has more than .3% THC. The Hemp Farming Act of 2018, which was signed by President Donald Trump on Dec. 20, 2019, officially removed hemp from the list of Controlled Substances, though marijuana is still illegal in some states and is still classified as Schedule I, making it illegal at the federal level. CBD derived from marijuana plants is, therefore, still illegal while CBD from hemp is legal but governed by rules that the United States Department of Agriculture (USDA) has yet to disseminate.

The 2018 Hemp Farming Bill also granted the U.S. Food and Drug Administration (FDA) with the authority to regulate CBD labeling, therapeutic claims, and use as a food additive. Despite the passage of the 2018 Farm Bill, the FDA has taken the stance that even hemp-derived CBD may neither be added to food and beverages nor marketed as dietary supplements. While the FDA has begun a process of re-evaluating that stance, it has yet to revise its rules or specifically regulate CBD products, leading to further confusion. The FDA has been strict when it comes to health claims and content that could be construed as medical advice about CBD.

While the Farm Bill did legalize hemp, its production, and the sale of any product derived from it, including CBD, it is still highly regulated. The bill also allows some states to make their own rules for CBD cultivation and sale. States may also try to regulate CBD in food, beverages, dietary supplements, and other products instead of waiting for final FDA rules.

The FDA released guidelines in March of 2020 on the regulation of cannabis-derived and hemp-derived CBD products.

Pennsylvania CBD laws

In July 2016, Pennsylvania lawmakers passed House Bill 967, legalizing hemp cultivation and processing, including hemp-derived CBD production. It was one of many states that moved to regulate hemp production as an agricultural commodity in the wake of the 2014 Farm Bill. Later amendments to the state’s agricultural code removed requirements for hemp growers to be part of a university-affiliated research program.

HB 967 set the standard for hemp and marijuana at .3% or less THC, just like the federal statute. It designated the Pennsylvania Department of Agriculture (PDA) to oversee all hemp-related matters. PDA has since submitted its hemp cultivation program to the USDA for approval.

To meet federal legal criteria, CBD oil must contain no more than 0.3 percent THC. Photo by: Gina Coleman/Weedmaps

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Hemp growers must be licensed by the PDA. Licenses are $600 per year for up to five locations, with additional fees for more locations; the state doesn’t limit the number of locations or acreage. Licenses will not be granted to anyone convicted of a drug felony in the 10 years prior to application. Growers who unintentionally violate the law will be given an opportunity to remedy the charges against them. If it happens three times in a five-year period, the grower is banned from producing hemp for five years. Growers who intentionally violate the law will be reported to law enforcement.

Inspectors are permitted to visit farms and choose plants for testing. Plants that have more than .3% THC but less than 1% will be retested and possibly destroyed. THC levels above 1% result in immediate destruction and investigation by law enforcement.

Processors are not required to be licensed unless they are processing hemp or CBD into food products. In that case, the processor must register with the PDA’s Bureau of Food Safety. The only guidance issued by the bureau is that food purveyors must comply with federal law and guidelines from the FDA.

The state’s Department of Agriculture specifies that anyone who processes hemp into food must be licensed as a food establishment, though it deferred to federal legislation, specifically FDA rules, on the subject of CBD intended for human consumption.

Pennsylvania CBD possession limits

There are no limits on possession of hemp-derived CBD products in Pennsylvania. Patients registered with the state’s medical marijuana program are permitted to possess a 30-day supply of medical marijuana.

There are no limits on possession of hemp-derived CBD products in Pennsylvania. Photo by: Gina Coleman/Weedmaps

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Where to buy CBD in Pennsylvania

Vape and smoke shops in Pennsylvania often sell hemp-derived CBD in a variety of forms. Pharmacies and health food stores may also sell hemp CBD products. CBD derived from cannabis is also available from medical marijuana dispensaries, but only to qualified patients with a doctor’s recommendation.

Shopping online for hemp-derived CBD products is an option since the US Postal Service has confirmed that legal CBD products may be shipped by mail. CBD products can usually be found online at the websites of specific brands. You can find out more about where to buy CBD oil on Weedmaps.

How to read CBD labels and packaging

The FDA currently does not allow CBD-infused food, drinks, or dietary supplements to be sold, and hasn’t reached a final conclusion on regulating hemp-derived CBD products. While the FDA slowly and cautiously approaches making new regulations for CBD products, the gap between regulated products and anything goes grows wider, leaving consumers at risk of buying poor-quality products. When buying CBD products, look for the following on the label:

  • Amount of active CBD per serving.
  • Supplement Fact panel, including other ingredients.
  • Net weight or volume.
  • Manufacturer or distributor name.
  • Suggested use.
  • Full spectrum, broad spectrum, or isolate.
  • Batch or date code.

One of the most important things to pay attention to is whether a CBD product is full-spectrum, broad-spectrum, or isolate.

Full-spectrum means that the CBD has been extracted from a hemp plant along with all other cannabinoids and terpenes, including whatever trace amounts of THC the plant may have produced. Consuming full-spectrum CBD may yield better results thanks to the entourage effect, a phenomenon in which the mixture of cannabinoids and terpenes work together to produce a more pleasant experience.

Broad-spectrum means that the product contains CBD and terpenes, but has undergone additional processes to strip out any THC.

Finally, isolate is a product that has gone through more intensive processing to remove all compounds except for CBD. Consuming isolate may produce different effects than full-spectrum or broad-spectrum CBD, as these products do not produce the entourage effect.

Is CBD oil legal in Pennsylvania? Copy article link to clipboard. Link copied to clipboard. Contents What is CBD? Why is CBD sometimes illegal? Pennsylvania CBD laws

Buy CBD in Pennsylvania
Is it completely Legal?

CBD oil is a therapeutic substance that has fans all over the world, especially in the Oil State, Pennsylvania.

Of course, regulations for CBD oil and other CBD-containing items vary from one state to another. If you are on the hunt for reliable cannabidiol products anywhere in Pennsylvania, it’s good to know guidelines of CBD in PA first before committing to buying and using such products for your wellness.

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Is CBD Oil Lawful
in Pennsylvania?

Yes, it is legal in Pennsylvania to sell, purchase and use CBD oil; the only catch is that it has to be derived from industrial hemp. Under the Federal law passed in 2018 referring to the Farm Bill , hemp and hemp-derived products are eligible for cultivation, processing and usage.

What’s Legal, What’s Not!

The state of Pennsylvania has fully embraced the federal ruling on hemp, which used to belong to the list of controlled substances as a Schedule 1 drug. However, several studies led to the finding that hemp is a non-psychoactive derivative of Cannabis sativa , which is also the same source plant as addictive marijuana.

By law, CBD oil and other related products derived from hemp must follow all provisions of federal law and the Food and Drug Administration (FDA) .

It is, therefore, a must for all CBD oil sold in Pennsylvania to contain not more than 0.3% tetrahydrocannabinol (THC). This cannabinoid substance is the one responsible for the “high” in cannabis, which is nonexistent in CBD oil derived from hemp.

Pennsylvania is fairly accepting of CBD oil, but there are still murky spots regarding the legality of CBD-containing products. Although the state has promptly enforced the 2018 Farm Bill , the biggest determinant for the legality of CBD products in PA is the variety of Cannabis sativa from which they are derived.

In Pennsylvania, cannabidiol from industrial hemp cultivated through the state’s industrial hemp pilot program can lawfully be extracted and sold to users within the cities and towns of PA. Section 3.701 to 710 of the state statutory code permitted the industrial hemp cultivation industry through the pilot program initiative.

Most experts say the term “pilot program” is more a formality than anything, and that the hemp industry is here to stay in Pennsylvania.

In essence, you are free to buy and use CBD hemp oil anywhere within the state, and there is no need for a doctor’s prescription when you want to buy one.

That being said, CBD oil sourced from cannabis (CBD cannabis oil) can only be consumed by qualified patients under doctor’s suggestion. CBD cannabis oil follows guidelines pertaining to medical marijuana as upheld by the state of PA since 2016.

On the other hand, cannabis for recreational use is still illegal in Pennsylvania as of writing. Anyone found to be in possession of this illegal substance can face 13 months of jail time and a fine of $500.

Age requirement for CBD hemp oil use in Pennsylvania is usually for people eighteen years and older. However, some shops selling CBD products push the age limit up to twenty-one years old due to restrictions included in-store policies to conform to laws and norms.

If you are buying, you have to get your ID ready because the store might ask for it before you are allowed to purchase CBD products.

Medical-grade CBD oil and other related products can be given to minors but only if the doctor determines the need for an alternative treatment. They also have to secure consent from a parent or legal guardian before they are allowed to suggest such products.

CBD oil is considered a miraculous remedy for various ailments, both physical and mental. CBD oil is most likely to be effective for curing or reducing epileptic seizures in adults and children based on several trials and studies .

An FDA-approved CBD-containing drug called Epidiolex is currently being recommended for patients who suffer from seizures caused by Dravet syndrome, Lennox-Gastaut syndrome and others.

A few more medical conditions may be treatable using CBD oil, although more studies are still needed to gather substantial evidence regarding these claims. Such conditions include narcotics withdrawal, Multiple sclerosis, Parkinson’s disease, HIV/AIDS, Cancer, Ulcerative colitis, neuropathies, Crohn’s disease, Huntington’s disease, PTSD, anxiety and sleep disorders, and many more.

Where to buy CBD oil locally
in Pennsylvania

CBD hemp oil is readily available anywhere in Pennsylvania. This product is treated like an over-the-counter commodity and can, therefore, be found in commercial stores all over the state.

As long as you have proof that you are eighteen years of age and older, you can buy at a local store in PA that sells CBD oil.

Since CBD hemp oil is considered a supplement, it’s usually sold in health and vitamin stores. You can also find some on the shelves of convenience stores and drug stores in the Keystone State. CBD oil is readily available in PA for your convenience, but only those that are extracted from industrial hemp.

Vape stores and head shops in Pennsylvania typically sell CBD hemp oil, too. They may also have other forms of CBD preparations like tinctures, wax and pet products but they do have to conform with federal laws and regulations, which means that edibles might be illegal for sale anywhere in the state.

Legal dispensaries are also available in PA. These are licensed by the state to display and sell CBD with a higher level of THC content . They usually require a formal document signed by the physician that indicates the necessity of medical CBD for your treatment.

A more convenient option in purchasing CBD oil in Pennsylvania is through online shops. With just a few scrolls on your phone or computer, you can access websites selling legal CBD oil without having to look for a physical store yourself.

The bonus of buying from online shops is that your CBD oil order can be delivered to your address in just a few days. However, you have to make sure that you are purchasing from a reliable website. Check reviews from past customers and research on the brands being sold before clicking buy on checkout.

For safe and reliable CBD oil and other related products, browse through our online store and choose an item that suits you. Our Pennsylvania shop online has a wide array of CBD oils that are safe, effective, and legal anywhere in PA.

Yes, it is legal to sell & Buy CBD oil in Pennsylvania; the only catch is that it has to be derived from industrial hemp!