Pennsylvania Cannabis & Substances Laws (2026)
A comprehensive legal reference for cannabis & substances in the state of Pennsylvania. This guide covers current statutes, penalties, and restrictions for 7 different categories.
CBD Products
LEGALPennsylvania permits hemp-derived CBD products with less than 0.3% Delta-9 THC under the Pennsylvania Industrial Hemp Program (7 Pa.C.S. §§ 8101-8117). The Pennsylvania Department of Agriculture oversees licensing and regulation.
Possession
Legal for adults to possess hemp-derived CBD products compliant with THC limits.
Sale
Sale is legal with proper licensing and compliance with labeling/testing requirements.
Penalties
Violations involving THC limits or unlicensed sales may result in misdemeanor charges.
Age Restriction
18+ for purchase and possession.
Delta-8 THC
RESTRICTEDPennsylvania does not explicitly ban Delta-8 THC but regulates it under the state's Controlled Substance, Drug, Device and Cosmetic Act (35 P.S. § 780-101 et seq.). The PA Department of Agriculture oversees hemp products, but the PA Department of Health has issued warnings about unregulated Delta-8 products. Sale and possession are allowed if products meet hemp standards and contain less than 0.3% Delta-9 THC.
Possession
Legal if hemp-derived and under 0.3% Delta-9 THC.
Retail Sale
Allowed under hemp regulations; must comply with testing and labeling.
Penalties
Unlicensed sale or possession of non-compliant products may result in fines or misdemeanor charges.
Age Restriction
21+ for purchase.
Delta-9 THC Edibles
LEGALHemp-derived Delta-9 THC edibles (under 0.3% THC by dry weight) are legal in Pennsylvania under the 2018 Farm Bill. In March 2026, the state Senate advanced a bill to ban most intoxicating hemp-derived THC products, limiting them to a total of 0.4 milligrams of THC per container.
Possession
Legal under 0.3% THC by dry weight
Retail Sale
Legal at retail and online
Penalties
Products exceeding 0.3% THC are treated as marijuana.
Age Restriction
21+ in most jurisdictions
Kratom
LEGALKratom is legal in Pennsylvania, with no state laws banning or restricting possession or sale. No significant legislative changes.
Possession
Legal to possess kratom.
Sale
Legal to sell kratom.
Penalties
N/A
Age Restriction
None
Psilocybin / Magic Mushrooms
ILLEGALPsilocybin mushrooms are illegal in Pennsylvania under the Controlled Substance, Drug, Device and Cosmetic Act (35 P.S. § 780-102). Psilocybin is a Schedule I controlled substance, prohibiting possession, sale, and manufacture.
Possession
Illegal; possession is a misdemeanor or felony depending on amount.
Distribution
Illegal; sale and distribution are felony offenses.
Penalties
Penalties include fines and imprisonment depending on offense severity.
Age Restriction
None (illegal for all ages).
Recreational Marijuana
ILLEGALRecreational marijuana is not legal in Pennsylvania, but medical marijuana is available with a qualifying condition and state-issued card. No significant legislative changes since 2023.
Personal Possession
Medical only with state card. Recreational possession of 30 grams or less is a misdemeanor (up to 30 days jail, $500 fine). Over 30 grams is a misdemeanor with higher penalties. Several cities have decriminalized.
Retail Purchase
Illegal for recreational purposes. Medical marijuana is available through licensed dispensaries. Philadelphia and Pittsburgh have decriminalized small amounts.
Penalties
Under 30 grams: misdemeanor, up to 30 days, $500 fine. Over 30 grams: misdemeanor, up to 1 year, $5,000 fine. Distribution: felony, up to 5 years.
Age Restriction
18+ with medical card, 21+ in some programs
Salvia
RESTRICTEDSalvia divinorum is legal in Pennsylvania. There are no state laws prohibiting the possession, sale, or use of salvia. It is not classified as a controlled substance under Pennsylvania law. However, salvia is not regulated for quality or purity, so buyers should exercise caution when purchasing from unregulated sources.
Possession
Legal. Salvia divinorum is not a controlled substance in Pennsylvania. No restrictions on personal possession.
Sale
Legal to sell in retail stores and online in Pennsylvania. No special licensing required.
Penalties
N/A
Age Restriction
None