The two programs are separate and authorized by different Acts and Departments. Hemp contains virtually no THC (less than 0.3%); both hemp and marijuana plants do contain levels of other compounds of interest, such as cannabinoids like CBD. Hemp growers and processors must have a permit from the PA Department of Agriculture.
The Medical Marijuana Act, administered by the PA Department of Health, requires all the cannabis for medical use to be grown at a permitted growing/processing facility or, following the signing of Act 44 of 2021 amending Pennsylvania’s Medical Marijuana law, by a PA hemp grower meeting both the requirements of the Pennsylvania Hemp General Permit guidelines and of 28 Pa. Code § 1171.29. Testing requirements.
No. Act 44 of 2021, which amended Pennsylvania’s Medical Marijuana Law, does not allow Pennsylvania’s hemp processors to sell their processed CBD products to Pennsylvania’s Medical Marijuana grower/processors.
Yes. Act 44 of 2021, which amended Pennsylvania’s Medical Marijuana Law, does allow Pennsylvania’s hemp growers to sell their hemp plant material to Pennsylvania’s Medical Marijuana grower/processors only if the following is true:
- The hemp plant material has met all requirements of and is compliant according to the Pennsylvania Hemp General Permit guidelines, published under authority of the Act relating to Controlled Plants and Noxious Weeds (3 Pa.C.S.A. section 1501 et seq.). The hemp plant material may be dried, bucked and trimmed, which is considered processing under the Department’s definition. The hemp plant material may not, however, be extracted from or treated in any other way.
- The hemp plant material will meet all of the requirements of 28 Pa. Code § 1171.29. Testing requirements. (The temporary provisions of Chapter 1171 issued and amended under the Medical Marijuana Act (35 P.S. § § 10231.101—10231.2110).) Guidance for Quality Testing and Sampling by Approved Laboratories can be found on the Department of Health Office of Medical Marijuana website.