Pennsylvania

Pennsylvania is one of the most permissive major-market states for hemp-derived beverages — but only because comprehensive state-level regulation has failed to materialize. The Pennsylvania Industrial Hemp Act at 3 Pa.C.S. §701 mirrors the federal Farm Bill definition (Cannabis sativa with delta-9 THC ≤0.3% by dry weight), and no state-level statute imposes a per-serving or per-container milligram cap, a state age minimum, or a hemp-specific retail licensing requirement. As a result, hemp-derived Delta-9 beverages, gummies, and other consumables sell widely at package stores (beer/wine retail), smoke shops, convenience stores, and specialty retailers across the state, with national brands shipping DTC. The most significant state-level constraint is the Pennsylvania Liquor Control Board’s 2023 advisory, which excluded hemp-derived THC from state wine-and-spirits stores and from licensed alcohol premises like bars and restaurants — meaning hemp beverages cannot be poured for on-premise consumption in most licensed venues. Philadelphia and Pittsburgh have separately explored local restrictions, adding local-ordinance friction for multi-location retailers. SB 49, sponsored by Sen. Daniel Laughlin (R-Erie) and championed by AG David Sunday (who joined the November 2025 multi-state letter to Congress urging federal action), would fundamentally reshape this landscape. Introduced in 2025 and amended March 16, 2026 in the Senate Law and Justice Committee (10-1 vote), the current version would: create a Pennsylvania Cannabis Control Board absorbing the Department of Health’s medical marijuana authority; adopt the federal Section 781 total-THC standard including THCA; cap finished products at 0.4mg total THC per container; explicitly ban synthetic and chemically-converted cannabinoids (delta-8, HHC); require testing, labeling, and age-21 restrictions; and effectively route any remaining THC-containing product through the licensed cannabis system (dispensary-only). U.S. Hemp Roundtable opposes SB 49 as currently drafted. As of July 2026, SB 49 has not been enacted, and hemp beverages remain freely available at Pennsylvania retail. The federal Section 781 cliff on November 12, 2026 will directly narrow the market regardless of state action.