Are THC Gummies Legal in Pennsylvania?

THC gummies have recently sent a shockwave throughout both retail shops (like dispensaries) and through websites (direct-to-consumer). 

Many users or potential customers are extremely confused on the legality of these products, especially when they see they have the ability to order THC gummies online. 

While we're going to shed light on the legal details of THC gummies in Pennsylvania specifically, it's important to explain the difference of the two different versions of THC gummies found on the market: hemp-derived THC gummies and marijuana-derived THC gummies. 

Hemp-Derived THC Gummies

Short Answer: LEGAL in Pennsylvania

Long Answer: Hemp-derived THC gummies are produced from hemp plants containing no more than 0.3% Delta-9 THC by dry weight, in accordance with the 2018 Farm Bill.

A hemp plant is technically different from a marijuana plant, and while they come from the same family (cannabis), the former is legal and the latter is illegal. 

These hemp products, like our delta-9-infused gummies, are legal in Pennsylvania and can be purchased by adults aged 21 and over from various retailers, including hemp shops, smoke shops,  convenience stores, and online vendors like us here at Sunday Scaries.

It's important for consumers to ensure that these products comply with the federal THC limit to remain within legal boundaries.

Marijuana-Derived THC Gummies

Short Answer: LEGAL in Pennsylvania for medical use and ILLEGAL in Pennsylvania for recreational use. 

Long Answer:

• Medical Use: Pennsylvania legalized medical marijuana in 2016. Registered patients with qualifying medical conditions can obtain marijuana-derived THC products, including gummies, from state-licensed dispensaries. Patients are allowed to possess up to a 90-day supply as recommended by their physician. It's noteworthy that while the state permits the sale of certain edible forms like gummies, other forms such as chewables have been subjects of legal scrutiny.

• Recreational Use: The recreational use of marijuana-derived THC products is currently illegal in Pennsylvania. Possession of any amount without a valid medical marijuana card can lead to criminal charges, with penalties varying based on the quantity possessed and prior offenses. While we're hoping that the Keystone State will flip and allow the recreational use of marijuana, it currently holds a conservative stance with this type of cannabis edible. 

Recent Legislative Developments

Pennsylvania has been proactive in supporting its cannabis industry, particularly concerning financial services:

• House Bill 331 (HB 331): Signed into law in July 2022, this legislation allows financial institutions and insurers to provide services to legitimate cannabis-related businesses without facing state penalties. This initiative aims to integrate cannabis businesses into the financial system, promoting industry growth and regulatory compliance.

Prospects for Recreational Marijuana Legalization

As of December 2024, Pennsylvania has not legalized recreational marijuana. However, legislative efforts continue:

• Senate Bill 473 (SB 473): Introduced in October 2021, this bipartisan bill seeks to establish the Cannabis Regulatory Control Board to oversee the potential legalization and regulation of recreational marijuana. While the bill has not yet been enacted, it signifies ongoing discussions and efforts toward legalization.

• PA Marijuana Pardon Project: Initiated in September 2022, this project aims to pardon individuals with minor marijuana-related convictions, reflecting a shift toward more lenient attitudes regarding cannabis offenses.

Are Edibles Legal in Pennsylvania? Which Ones?

"Edibles" can refer to either CBD or THC consumables. CBD edibles, like CBD gummies online, are legal in Pennsylvania as long as they are hemp-derived and contain less than .3% THC by dry weight. THC edibles, like the gummies we discussed, are also legal when derived from hemp and if they contain less than .3% dry weight. If the THC edibles are derived from marijuana, they are only legal from a medical standpoint and remain highly illegal from a recreational standpoint.

Conclusion

In Pennsylvania, hemp-derived THC gummies are legal for adult use, provided they adhere to federal THC content limits.

Marijuana-derived THC gummies are accessible only to registered medical marijuana patients, with recreational use remaining illegal. T

he state continues to evolve its cannabis policies, with recent legislation supporting industry operations and ongoing discussions about potential recreational legalization.

Consumers and businesses should stay informed about legislative changes to ensure compliance with state laws.

Frequently Asked Questions

Are THC gummies legal in other states?

For a comprehensive list and detailed map of the legality of THC gummies, check out our master article: Are THC Gummies Legal?