Is CBD Oil Legal in Pennsylvania?

Is CBD Oil Legal in Pennsylvania?

Yes. After the 2014 Farm Bill, the Commonwealth of Pennsylvania saw the need to turn hemp production into a common agricultural commodity. Consequently, in 2016, the Commonwealth's lawmakers enacted House Bill 967 to legalize the farming and processing of hemp. Following the passing of this Bill, CBD oil and other CBD products became legal in Pennsylvania, provided they are derived from hemp. As such, it is lawful to sell, purchase, and use hemp-sourced CBD products in the Commonwealth. Marijuana-derived CBD is only legal under the Commonwealth's medical marijuana program.

What are Pennsylvania CBD Laws in 2024?

The Commonwealth of Pennsylvania launched an Industrial Hemp Pilot Program via House Bill 967 enacted in July 2016. The United States Department of Agriculture (USDA) has since 2020 approved the Commonwealth's hemp production plan and translated the hemp pilot program into the Pennsylvania Hemp Program. HB 967 legalized the cultivation and processing of hemp with no more than 0.3% THC in compliance with federal law. It also legalized the production of CBD derived from hemp. The bill tasked the Pennsylvania Department of Agriculture (PDA) to superintend all hemp-related issues in the Commonwealth.

HB 967 requires hemp growers to obtain the requisite license from the PDA to enable them to cultivate hemp commercially and legally. Hemp farmers need at least 0.25 acres of land to grow a minimum of 300 hemp plants outdoors and at least 2,000 square feet to cultivate no less than 200 plants indoors. This bill authorizes the PDA to appoint inspectors to visit hemp cultivation facilities and test their plants for compliance with the 0.3% THC limit. Such inspectors can retest or destroy any hemp plant discovered to have more than 0.3% but less than 1% THC. For plants' THC levels above 1%, HB 967 empowers inspectors to instantly destroy such hemp plants and engage law enforcement to investigate the owners of the hemp cultivation facility.

Act 16, otherwise known as the Medical Marijuana Act, was also passed in the Commonwealth of Pennsylvania in 2016, and it created a medical marijuana program. Under this Act, qualified persons can purchase marijuana-sourced CBD via the Commonwealth's medical marijuana program.

What are Pennsylvania CBD Possession Limits?

All CBD possession limits have been decriminalized in Pennsylvania. As such, the Commonwealth does not have a possession limit for hemp-sourced CBD products, including CBD oil, with less than 0.3% THC. Under the Pennsylvania medical marijuana program, registered patients may carry up to a 30-day supply of CBD oil or other CBD products sourced from marijuana at a time. Persons 18 years and older can possess CBD oil and other CBD products in Pennsylvania. However, some stores may have internal policies that set the CBD possession age limit to 21 years. Hence, individuals may be required to provide their IDs to prove eligibility before buying CBD-containing products.

Can Doctors Prescribe CBD Oil in Pennsylvania?

The CBD laws in Pennsylvania legalized hemp-derived CBD oil and other CBD products sourced from hemp and do not require a doctor's prescription. However, the Commonwealth's medical marijuana program requires a doctor's prescription for marijuana-sourced CBD oil and other marijuana-derived CBD products. According to Act 16, a Pennsylvania-licensed doctor must diagnose a registered patient with a qualifying medical condition to prescribe marijuana-derived CBD oil or other CBD products. The qualifying medical conditions approved by Act 16 are:

• Cancer
• Autism
• Amyotrophic lateral sclerosis
• Anxiety disorders
• HIV/AIDS
• Multiple sclerosis
• Neurodegenerative diseases
• Terminal illness
• Tourette syndrome
• Neuropathies
• Damage to the central nervous system's nervous tissue
• Parkinson's disease
• Chronic pain
• Post-traumatic stress disorder
• Dyskinetic and spastic movement disorders
• Epilepsy
• Glaucoma
• Sickle cell anemia
• Huntington's disease
• Inflammatory bowel disease
• Crohn's disease
• Intractable seizures

How Old Do You Have to Be to Buy CBD in Pennsylvania?

The Commonwealth of Pennsylvania requires intending buyers of CBD products to be over the age of 18. In addition to prohibiting marijuana-derived CBD, this age restriction is in place to prevent minors from legally accessing products containing even small amounts of THC.

What are the Licensing Requirements for CBD in Pennsylvania?

Pennsylvania requires any individual or entity interested in cultivating hemp for CBD to obtain the necessary permit from the Commonwealth's Department of Agriculture (PDA). The PDA would not issue a license if an applicant was convicted of a drug felony 10 years before the date of application. As such, an applicant or key participants of an applying entity must get their background check report from the Federal Bureau of Investigation (FBI) at least 60 days before the application. An applicant must provide proof of legal ownership of the proposed farming site or a signed Access Agreement if not owned by them. They must prepare and present a photograph plot map with the proposed hemp cultivation area marked out using Google Earth or any other satellite program.

Typically, hemp processors in Pennsylvania do not require licenses except they are processing hemp or CBD into food products. In such cases, processors must get licensed as food establishments and register with the Bureau of Food Safety under the PDA. A proposed hemp processing facility must not be within 200 feet of a residential building unless the PDA issues a written approval.

Any person or entity that meets the requirements for CBD in Pennsylvania can complete the Hemp Permit Application online using the PaPlants Logon. New users must first register to obtain their PaPlants ID and PINs to proceed with the applications. The PDA provides the public with Hemp General Permit Guidelines and Hemp Permit Application Instructions.

In Pennsylvania, a hemp processor or grower and marijuana-derived CBD processor must ensure that CBD product labels meet the following requirements:

• They must be conspicuously placed on the products and easily readable
• CBD product labels must have the name, permit number, and address of the processor or grower
• They must include the employee identification numbers of the employees that packaged the products and shipped them
• They must show the amount of active CBD per serving
• Batch or date code must be inscribed
• They must state the date expiry date of the CBD products
• They must display the physical form, weight, and quantity of the CBD products
• CBD product labels must have proper storage instructions
• CBD products labels must include warnings that:
• Users must store products in their original containers
• Pregnant or breastfeeding women should not consume products except on the advice of certified doctors
• Users should keep products out of children's reach

CBD products labels in Pennsylvania must not have any design or writings that could make people think the containers carry anything other than CBD products. Also, they must not bear any image, cartoon, or color that can make them attractive to children.

Where to Buy CBD in Pennsylvania?

Pennsylvania residents can buy hemp-sourced CBD oil or other CBD products from regular food shops, vape stores, head shops, gas stations, and other retail stores within the Commonwealth. They can also purchase these products from online retailers. However, residents should always look for third-party lab test results when purchasing hemp-based CBD products to avoid buying products with misreported THC content.

Any person with a debilitating medical condition in the Commonwealth cannot purchase marijuana-derived CBD oil and other cannabis-sourced CBD products over retailers' counters. Such an individual must obtain the Commonwealth's medical marijuana card as only patients with these cards can buy marijuana-sourced CBD products from licensed cannabis dispensaries.

What is CBD Oil?

CBD oil is the product of mixing CBD extract with coconut oil or hemp seed oil. In this mixture, coconut or hemp seed oil acts as a carrier oil for dissolving CBD extract. When extracted from cannabis, CBD appears as a thick, viscous liquid with a paste-like consistency. Turning it into CBD oil makes it easier to formulate CBD into different products.

CBD is short for cannabidiol. Cannabidiol is one of the over 80 biologically active chemical compounds found in the cannabis plant. It is the second most abundant ingredient in cannabis after delta-9-tetrahydrocannabinol (THC) in cannabis. CBD is equally an active chemical compound in hemp. While hemp and cannabis belong to the Cannabaceae family and produce CBD and THC, the levels of CBD and THC in them are different. Hemp has a higher THC concentration, while cannabis has more CBD than THC.

THC is the psychoactive compound that leads to the high (intoxication) that users experience after consuming products with high THC concentrations. On the other hand, CBD is non-psychoactive, and users do not feel the kind of intoxication associated with THC. The chemical makeup of THC and CBD includes two oxygen atoms, 30 hydrogen atoms, and 21 carbon atoms. However, both do not have the same chemical arrangement, so the body receives them as different compounds when consumed.

CBD is believed to help manage several medical conditions such as cancer, diabetes, Crohn's disease, arthritis, epilepsy, and multiple sclerosis. Other medical benefits include the treatment of chronic pain and management of anxiety. Many people also opine that it helps in the management of brain health and skin health. CBD is also believed to play a significant role in regulating body processes such as appetite, fertility, reproduction, mood, memory, and sleep. Prevalent CBD products are prepared as capsules, oil concentrates, vape oil, tinctures, edibles, and topicals. While some CBD products are used orally, others are inhaled or applied directly to body parts such as nails, skin, or hair.

In 2018, the United States legalized hemp via the Farm Bill, otherwise known as the Agricultural Improvement Act of 2018. This Act delisted hemp from the schedule of controlled substances and legalized hemp-derived CBD on the federal level. CBD is also legal in the Commonwealth of Pennsylvania. However, CBD sourced from cannabis is illegal on the federal level since marijuana remains a controlled substance in the United States. The regulations on the sale and production of CBD-containing products are strict despite the legalization of hemp-derived CBD.

What Does CBD Do?

CBD has proven neuroprotective effects. Its beneficial effects on the nervous system include a potent anti-seizure property responsible for the FDA approval of a CBD medication for the treatment of certain types of epilepsy. CBD has an overall calming effect on the nervous system. In this way, it shows promise for managing chronic pain and inflammation as well as for treating insomnia, depression, and anxiety. Anecdotal evidence also indicates that CBD possibly can improve appetite and lower high blood pressure.

Does CBD Show Up on Pennsylvania Drug Test?

No. While CBD does not show up on cannabis drug tests, the THC content of some CBD products may show up on these tests. Regular users of low-THC hemp-derived CBD products are unlikely to fail drug tests. However, users of unregulated products containing more THC than the amounts indicated on their labels may have detectable levels of THC metabolites in their bodies. Long-term use of full-spectrum THC products may also lead to the accumulation of THC metabolites. To avoid failing drug tests, CBD users can switch to products with 0% THC. They may also stop taking CBD products 2 weeks before submitting for scheduled drug tests. This duration is long enough for the body to eliminate THC metabolites.