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.
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 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.
Pennsylvania CBD possession limits
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.
The FDA released guidelines in March of 2020 on the regulation of cannabis-derived and hemp-derived CBD products.
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.
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:
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.
Although marijuana is illegal on the state level, some cities in Pennsylvania have decriminalized first-time possession of small amounts.
How to Buy CBD in Pennsylvania
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.
Therefore, as long as your CBD is made with industrial hemp, you shouldn’t have any trouble with the law.
Industrial hemp CBD generally contains less than 0.3% THC and, as a result of the 2018 Agricultural Act, is no longer considered marijuana under the Controlled Substances Act.
The state requires that CBD derived from the hemp to be extracted and sold to users be cultivated through the PA’s industrial hemp pilot program. The state statutory code, section 3.701 to 710, permitted the pilot program initiative to grow industrial hemp.
CBD has sometimes been considered illegal since 1970. This resulted from the Federal Controlled Substance Act categorizing all types of cannabis as Schedule I drugs, including hemp. This restricted CBD freedom because being in this category meant that it was defined as a substance that could potentially be abused, could cause addiction, and not accepted for any medical use. And for the longest time, CBD in Pennsylvania and other states weren’t legal.
Is CBD oil Legal in Pennsylvania?
However, due to restrictions by in-store policies in a bid to conform to norms and laws, some shops can push the age limit to 21 years. Hence, to be on the safe side, have your ID ready just in case you walk into a store that requires you to avail one.
You will also find more CBD product options online than you will in local shops. While looking for CBD oil, you may also want to try topicals, edibles, and even pet products. On top of that, purchasing CBD oil online is both safe and discreet.
Under this law, hemp, as well as hemp-derived products, is eligible for growth, processing, and usage. Luckily, Pennsylvania has fully embraced the ruling on hemp; hence they don’t consider it a Schedule 1 drug and have made CBD products in Pennsylvania legal.