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Is CBD Legal in Pennsylvania? State Hemp Rules in 2026

As of November 3, 2026, Pennsylvania permits hemp growing and processing; we found no state retail license, age limit or testing rule for CBD.

Last checked: Based on official sourcesNot legal advice.

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In short

As of November 3, 2026, Pennsylvania treats hemp as a "controlled plant." Growers and processors need a permit from the Department of Agriculture. The department says hemp products may be sold in the state if they meet all state and federal laws, and there is no state license for selling CBD at retail.[1, 2, 3]

We did not find a Pennsylvania law that sets a minimum age, lab testing, or labeling rules for CBD or intoxicating hemp products. A state senator's September 2026 memo about a planned bill describes the same gap. Senate Bill 49, a bill that would create a Cannabis Control Board, failed a final Senate vote in June 2026 and had not passed as of November 3, 2026. Separately, the Liquor Control Board says it will not approve the sale of products with any amount of THC by businesses that hold a liquor license.[4, 5, 6, 7]

Medical marijuana is legal through a Department of Health program. We found no adult-use (recreational) marijuana law.[8, 9]

At a glance

Is CBD Legal in Pennsylvania? State Hemp Rules in 2026
TopicStatus
Is CBD legal?Yes, in general. Hemp may be grown and processed under Department of Agriculture permits. The department says hemp products may be sold in Pennsylvania as long as they meet all state and federal laws that apply to them. As of November 3, 2026, there is no state-level license specifically for selling hemp or CBD products at retail.[1, 2]
Hemp definition and THC limitIn its chapter on industrial hemp research, state law defines industrial hemp as the plant Cannabis sativa L. and any part of it, growing or not, with a delta-9 THC concentration of not more than 0.3% on a dry-weight basis (3 Pa.C.S. § 702). The Department of Agriculture's hemp permit uses the same 0.3% delta-9 limit. For crop testing, the permit counts total THC: delta-9 THC plus 0.877 times THCA.[3, 10]
CBD in food and drinksMakers of hemp food products must register as a food establishment with the Department of Agriculture. The department points to FDA's position that only three hemp seed ingredients (hulled hemp seed, hemp seed protein powder, and hemp seed oil) are generally recognized as safe as food ingredients. We did not find a separate Pennsylvania law on CBD or THC in food or drinks as of November 3, 2026. Businesses with a liquor license, such as bars and restaurants, face an added limit: Liquor Control Board guidance from April 2026 says the Board will not approve their sale of products containing any amount of THC.[2, 6]
Intoxicating hemp products (delta-8, THCA flower and similar)We did not find a Pennsylvania law that specifically regulates delta-8 THC, THCA flower, or similar products as of November 3, 2026. A September 2026 memo from a state senator says the state has no statewide 21-and-over rule, no comprehensive retail registration, and no uniform testing or labeling standard for these products. Senate Bill 49, a bill that would create a Cannabis Control Board, failed a final Senate vote on June 10, 2026 (23 to 27). The Senate then voted to reconsider, and the bill had not passed as of November 3, 2026.[4, 5]
Minimum ageWe could not find a statewide minimum age for hemp or CBD products in Pennsylvania law as of November 3, 2026. A state senator's September 2026 memo also says Pennsylvania has no statewide 21-and-over requirement for intoxicating hemp products.[4]
Who can sell itAs of November 3, 2026, the Department of Agriculture says there is no state permit or license specifically for wholesaling, retailing, or brokering hemp products. Hemp growers and processors need a Department of Agriculture permit. Makers of hemp food products must register as a food establishment, hemp seed sellers need a seed dealer license, and sellers of hemp plants for planting need a plant merchant license. Businesses with a liquor license follow separate Liquor Control Board guidance: the Board will not approve their sale of products containing any amount of THC, and the CBD items it pre-approves are non-consumable products with no THC. We did not find state rules on online sales or delivery of CBD products.[2, 6]
Labels and lab testingWe did not find Pennsylvania rules that require lab tests, QR codes, warning labels, or child-resistant packaging for CBD products sold in stores, as of November 3, 2026. The state's testing rules cover hemp crops: official samples go to a department-approved lab, and lots above 0.3% total THC must be remediated or destroyed. A September 2026 memo from a state senator says there is no uniform testing or labeling standard for consumable hemp products.[2, 3, 4]
Medical and adult-use marijuanaPennsylvania's medical marijuana program is run by the Department of Health under the Medical Marijuana Act, signed April 17, 2016. Patients need one of 24 qualifying serious medical conditions and a certification from an approved practitioner. We found no adult-use (recreational) marijuana law as of November 3, 2026. House Bill 1200 passed the House 102 to 101 on May 7, 2025, but a motion to report it out of the Senate Law and Justice Committee failed 3 to 7 on May 13, 2025.[8, 9]
November 12 and December 11, 2026Pennsylvania's hemp definitions use a 0.3% delta-9 THC limit written into state law and the state hemp permit. The text we reviewed does not tie them to the federal definition. Outside of Liquor Control Board guidance for liquor licensees, Pennsylvania has no separate retail rules for hemp products that we found, so the federal changes may decide most of what can be sold in the state. This is our reading. From November 12, 2026, the federal hemp definition excludes products with cannabinoids that a cannabis plant cannot naturally make. The rest of the federal change, including a 0.4 mg total THC limit per container, is set for December 11, 2026, unless Congress delays it again.[2, 3, 6, 10, 11, 12]

How Pennsylvania defines hemp

Pennsylvania law defines industrial hemp as the plant Cannabis sativa L. and any part of it, growing or not, with a delta-9 THC concentration of not more than 0.3% on a dry-weight basis. The definition is in 3 Pa.C.S. § 702, part of a chapter on industrial hemp research that was added to state law on July 20, 2016.[10, 13]

Hemp is also on the state's controlled plant list under the Controlled Plants and Noxious Weeds Act (Act 46 of 2017). A Department of Agriculture general permit sets the rules for growing and processing it, and it uses the same 0.3% delta-9 THC limit.[1, 3]

For crop testing, the permit counts total THC: delta-9 THC plus 0.877 times THCA. If a lot tests above 0.3% total THC, after allowing for measurement uncertainty, it must be remediated or destroyed.[2, 3]

Who can sell CBD in Pennsylvania

The Department of Agriculture says there is no state-level permit or license specifically for wholesaling, retailing, or brokering hemp and hemp products. It adds that all products sold must meet the state and federal laws that apply to them.[2]

Some related licenses still apply. Makers of hemp food products must register as a food establishment with the department's Bureau of Food Safety. Sellers of hemp seed need a seed dealer license, and sellers of hemp plants for planting need a plant merchant license.[2]

Hemp growers and processors need a department permit. Businesses that only add CBD extract to products such as lotions, and never receive viable hemp material, do not need a hemp permit. We did not find state rules on online sales or delivery of CBD products.[2]

Separate rules apply to businesses with a liquor license. A Pennsylvania Liquor Control Board advisory notice dated April 1, 2026, says the Board will not approve the sale of items that are illegal under federal or state law, "including products containing any amount of tetrahydrocannabinol (THC)," by retail liquor licensees such as bars and restaurants. The only CBD items on its list of pre-approved items are non-consumable CBD products that contain no THC: oils and creams, and liquid in pre-filled tanks, pods, and bottles for e-cigarettes. An April 29, 2026 notice applies the same THC rule to beer distributors.[6, 7]

CBD in food and drinks

The Department of Agriculture points readers to FDA's position. FDA has found three hemp seed ingredients (hulled hemp seed, hemp seed protein powder, and hemp seed oil) generally recognized as safe as food ingredients, and says no other cannabis-derived ingredients have been approved for use in food.[2]

The department's FAQ also says hemp may not be sold or distributed as animal feed at this time, because a feed ingredient must first be generally recognized as safe by FDA or listed as a recognized feed ingredient by AAFCO. The FAQ notes one narrow exception the department accepted, for hemp seed in feed for laying hens. We did not find a separate Pennsylvania law on CBD or THC in food or drinks as of November 3, 2026.[2]

Businesses with a liquor license, such as bars and restaurants, face an added limit: Liquor Control Board guidance says the Board will not approve their sale of products containing any amount of THC.[6]

Delta-8, THCA flower, and bills in the legislature

We did not find a Pennsylvania law that specifically regulates intoxicating hemp products, such as delta-8 THC gummies or THCA flower, as of November 3, 2026. A September 25, 2026 memo from Senator Dawn Keefer, describing a bill she planned to introduce, says the state has no statewide 21-and-over requirement, no comprehensive retail registration, and no uniform testing or labeling standard for these products. The memo asks for co-sponsors; it is not a bill or a law.[4]

Senate Bill 49 would create a Cannabis Control Board. It is a bill, not law. A version amended on March 16, 2026 defined hemp with limits like the new federal ones, including 0.4 mg of total THC per container for final products. The version the Senate voted on in June 2026 (Printer's No. 1805) kept that definition. The Senate defeated the bill on final passage on June 10, 2026, by 23 to 27, then voted 29 to 21 to reconsider that vote. On September 28, 2026, it was laid on the table and removed from the table. It had not passed as of November 3, 2026.[5, 11, 12, 14, 15]

Medical marijuana is separate

The Medical Marijuana Act was signed on April 17, 2016 (35 P.S. §§ 10231.101–10231.2110), and the Department of Health runs the program. Patients need one of 24 qualifying serious medical conditions and a certification from an approved practitioner.[8]

After Act 44 of 2021, licensed medical marijuana grower/processors may obtain hemp from growers who hold a current Department of Agriculture permit. Hemp processors may not sell their processed CBD products to grower/processors.[2]

We found no adult-use (recreational) marijuana law. House Bill 1200, a bill that would have created "Pennsylvania Cannabis Stores," passed the House 102 to 101 on May 7, 2025. On May 13, 2025, a motion to report it out of the Senate Law and Justice Committee failed 3 to 7. It had not become law as of November 3, 2026.[9]

How the federal hemp changes may affect Pennsylvania

Pennsylvania's hemp definitions use a 0.3% delta-9 THC limit written into state law and the state permit. The text we reviewed does not tie them to later changes in the federal definition.[3, 10]

From November 12, 2026, the federal hemp definition excludes products with cannabinoids that a cannabis plant cannot naturally make. The rest of the 2025 federal change, including a 0.4 mg total THC limit per container for final products, is set for December 11, 2026, unless Congress delays it again.[11, 12]

Apart from Liquor Control Board guidance for liquor licensees, we found no separate Pennsylvania retail rules for hemp products, and the agriculture department says products must meet federal law. So the federal changes may decide most of what can be sold in the state. This is our reading. We found no Pennsylvania guidance on how state agencies will apply the federal change.[2, 6, 11]

What changes next

  1. Federal change on cannabinoids the plant cannot naturally make

    From November 12, 2026, hemp products with cannabinoids that a cannabis plant cannot naturally make fall outside the federal hemp definition. We found no separate Pennsylvania rule on this.[11, 12]

  2. Rest of the federal hemp change

    The remaining federal changes, including the 0.4 mg total THC per container limit, are set for December 11, 2026, unless Congress delays them again. Apart from Liquor Control Board guidance for liquor licensees, we found no Pennsylvania retail limits of its own.[2, 6, 11, 12]

Who regulates hemp and CBD

Timeline

  1. Medical Marijuana Act signed

    Pennsylvania's medical marijuana program is created, run by the Department of Health.[8]

  2. Industrial hemp research chapter added to state law

    Act 92 of 2016 adds Chapter 7 to Title 3, including the definition of industrial hemp at 0.3% delta-9 THC.[10, 13]

  3. Controlled Plants and Noxious Weeds Act

    Act 46 of 2017 lets the Department of Agriculture regulate controlled plants and issue general permits.[3]

  4. Hemp added to the controlled plant list

    The notice adding hemp to the controlled plant list is published in the Pennsylvania Bulletin and takes effect 60 days later. Growing hemp then requires a state permit; the department says processors have needed a permit since 2020.[2, 3]

  5. Adult-use bill passes the House

    House Bill 1200 passes the House 102 to 101.[9]

  6. Adult-use bill stalls in the Senate

    A motion to report House Bill 1200 out of the Senate Law and Justice Committee fails 3 to 7.[9]

  7. Liquor board limits THC products at licensed businesses

    The Pennsylvania Liquor Control Board revises its guidance for retail liquor licensees: it will not approve the sale of products containing any amount of THC. Non-consumable CBD products without THC stay on its pre-approved list.[6]

  8. Same THC rule for beer distributors

    A revised Liquor Control Board notice for beer distributors and importing distributors uses the same rule on products containing any amount of THC.[7]

  9. Senate Bill 49 fails a final vote

    The Cannabis Control Board bill is defeated 23 to 27 on final passage. The Senate then votes 29 to 21 to reconsider that vote.[5]

  10. Senate memo on a hemp products bill

    Senator Dawn Keefer circulates a memo for a planned bill with registration, testing, labels, and 21-and-over sales for hemp products. The memo says the bill had not been introduced yet.[4]

  11. Senate Bill 49 tabled and taken off the table

    The bill is laid on the table and removed from the table on the same day. It had not passed as of November 3, 2026.[5]

Sources

Show 15 references
  1. Hemp (Pennsylvania Department of Agriculture)
  2. Hemp Program FAQs (Pennsylvania Department of Agriculture)
  3. General Permit Standards and Requirements for Hemp (Pennsylvania Department of Agriculture notice, 2023)
  4. Senate Co-Sponsorship Memo 49288: Protecting Pennsylvania's Responsible Hemp Businesses and Keeping Harmful Products Away from Children (Sen. Dawn Keefer, September 25, 2026; co-sponsorship memo, not a bill or law)
  5. Senate Bill 49, 2025–2026 Regular Session: bill information and actions (Pennsylvania General Assembly; bill, not law)
  6. Advisory Notice No. 28 (2nd Revision): Sale of Items Other Than Alcoholic Beverages (Pennsylvania Liquor Control Board, April 1, 2026)
  7. Advisory Notice No. 9 (16th Revision): Sale or Rental of Items Other Than Malt or Brewed Beverages by Distributors and Importing Distributors (Pennsylvania Liquor Control Board, April 29, 2026)
  8. Medical Marijuana (Pennsylvania Department of Health)
  9. House Bill 1200, 2025–2026 Regular Session: bill information and actions (Pennsylvania General Assembly; bill, not law)
  10. 3 Pa.C.S. § 702, Definitions (Chapter 7, Industrial Hemp Research)
  11. Public Law 119-37 (November 12, 2025), Division B, Sec. 781: amendments to the definition of hemp (7 U.S.C. 1639o)
  12. Continuing Appropriations and Extensions Act, 2027, Public Law 119-103 (September 2, 2026), Sec. 2019: Section 781 extension
  13. 3 Pa.C.S. Chapter 7, Industrial Hemp Research (enactment note: added July 20, 2016, P.L.822, No.92)
  14. Senate Bill 49, Printer's No. 1506 (as amended March 16, 2026), bill text (bill, not law)
  15. Senate Bill 49, Printer's No. 1805 (re-reported as amended June 9, 2026), bill text (bill, not law)

Other states

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About this page

This page is a plain summary of official texts; it is meant to inform and is not a substitute for legal advice. Rules can change and differ from place to place: before you decide, we suggest checking the official text and, if needed, talking to a lawyer. If you spot a change or an error, let us know through our contact form.