Hemp is a versatile plant that has been used for thousands of years as a source of fiber and food. While grown commercially in the United States until after World War II, hemp became regulated along with marijuana and its cultivation was prohibited.
Hemp and marijuana are different varieties of the same species of plant, Cannabis sativa. Marijuana is cultivated because of its production of the psychoactive plant chemical delta-9 tetrahydrocannabinol, or THC. Hemp is cultivated for fiber, seed and floral extracts, and federal and state law requires that the concentration of THC must be less than 0.3% in hemp.
Through the 2018 Farm Bill, the federal government has changed the legal status of hemp. It has been removed from regulation under the federal Controlled Substance Act, ending any restrictions on import or interstate movement of hemp seed, plants, or products. However, the 2018 Farm Bill still requires that every site where hemp is grown be registered with the state or federal government under a program with requirements for inspection and testing. The PA Hemp General Permit explains the permitting process and requirements for hemp permitting in Pennsylvania. It can be found on the PDA hemp program webpage.
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.
Products produced from hemp grown in Pennsylvania may be sold in Pennsylvania or interstate, as long as the receiving state has no prohibitions on the sale. All products or substances distributed or sold must meet all state and federal laws and regulations that are applicable to the commodity.
Additional Information can be found through the Pennsylvania Government Website.
http://prdagriculture.pwpca.pa.gov