Is THCA legal in Pennsylvania? Pennsylvania hemp, CBD and kratom laws

The law in Pennsylvania

Pennsylvania's hemp law is Chapter 7 of Title 3 of the Consolidated Statutes, added by Act 92 of 2016. Section 702 defines industrial hemp as the plant with a delta-9 THC concentration of no more than 0.3 percent on a dry weight basis. The figure counts delta-9 THC only; the statute does not mention total THC or THCA.

The chapter is about growing: permits, control orders and penalties. It says nothing about retail sale, food, labels or age. Section 706 says activity that complies with the chapter does not violate the state's Controlled Substance, Drug, Device and Cosmetic Act, whose own text has no separate exception for hemp and lists tetrahydrocannabinols in Schedule I.

1. July 20, 2016Act 92 of 2016 creates Pennsylvania's industrial hemp law and its delta-9 definition.
2. March 20, 2026HB 2309, on hemp-derived THC drinks, is referred to the House Health Committee.
3. June 10, 2026SB 49 is defeated on final passage in the Senate, 23 to 27.
4. October 5, 2026HB 2657, regulating kratom, passes the House 202 to 0.
5. December 11, 2026The federal limit of 0.4 mg total THC per container begins.

How the Department of Agriculture reads it

The Department of Agriculture runs the hemp program. Its FAQ says state and federal law require hemp to hold no more than 0.3 percent THC, and it tests crops for total THC: a crop above 0.3 percent total THC, after the margin of error, is not hemp and must be fixed or destroyed.

On products, the department's FAQ says:

• No retail license. No state permit or license is required to sell hemp at wholesale or retail.
• Permits for processing. Growers and processors need a hemp permit from the department, renewed each year.
• Hemp food. Makers of hemp food products must register as food establishments.
• Interstate sales. Products from Pennsylvania hemp may be sold in other states if the receiving state allows them.

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CBD in food

The department permits hemp grown for CBD and leaves the compliance of extraction and CBD products to the permit holder. On food it repeats the FDA's position: hulled hemp seed, hemp seed protein powder and hemp seed oil are generally recognized as safe, and no other cannabis-derived ingredient has been approved for food use. Pennsylvania has no separate statute on CBD in food.

Bills on hemp THC

No Pennsylvania law on delta-8 or other hemp-derived THC had been enacted as of November 11, 2026, and state law sets no minimum age for hemp or CBD products.

• SB 49, a bill to create a Cannabis Control Board, was defeated on final passage in the Senate on June 10, 2026, 23 to 27, and has sat since a motion to reconsider.
• HB 2309 would regulate hemp-derived THC drinks under the Liquor Code. It went to the House Health Committee on March 20, 2026 and had hearings in June, with no vote.

Kratom, kava, amanita and spores

Kratom is not scheduled in Pennsylvania, and state law sets no age limit for it. HB 2657, the Kratom Standards, Labeling, and Consumer Protection Act, would regulate and tax kratom products; it passed the House 202 to 0 on October 5, 2026 and went to the Senate Health and Human Services Committee on October 13. Two Senate bills, SB 233 and SB 899, have not moved this year.

We found no Pennsylvania statute naming kava, amanita muscaria or its compounds, or mushroom spores. Psilocybin and psilocyn are Schedule I.

The federal change on December 11

Pennsylvania's definition counts delta-9 THC, but federal law still applies in the state. From December 11, 2026, the federal definition counts total THC including THCA and limits a finished hemp-derived cannabinoid product to 0.4 mg per container. Read the federal page and What's changing on December 11.

Products with no THC fall outside the federal change: broad spectrum and isolate CBD, THC-free topicals and functional mushrooms.