An Act amending the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, further providing for definitions; and providing for medical marijuana exemption.

PRINTER'S NO. 1613
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1274
Session of
2026
INTRODUCED BY KIM, SCHWANK, FONTANA, COSTA AND KANE,
APRIL 17, 2026
REFERRED TO LAW AND JUSTICE, APRIL 17, 2026
AN ACT
Amending the act of April 14, 1972 (P.L.233, No.64), entitled
"An act relating to the manufacture, sale and possession of
controlled substances, other drugs, devices and cosmetics;
conferring powers on the courts and the secretary and
Department of Health, and a newly created Pennsylvania Drug,
Device and Cosmetic Board; establishing schedules of
controlled substances; providing penalties; requiring
registration of persons engaged in the drug trade and for the
revocation or suspension of certain licenses and
registrations; and repealing an act," further providing for
definitions; and providing for medical marijuana exemption.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "marihuana" in section 2(b) of
the act of April 14, 1972 (P.L.233, No.64), known as The
Controlled Substance, Drug, Device and Cosmetic Act, is amended
and the subsection is amended by adding definitions to read:
Section 2. Definitions.--* * *
(b) As used in this act:
* * *
"Container" means the innermost wrapping, packaging or vessel
in direct contact with a final hemp-derived cannabinoid product
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in which the final hemp-derived cannabinoid product is enclosed
for retail sale to consumers. The term does not include bulk
shipping containers or outer wrappings that are not essential
for the final retail delivery or sale to an end consumer for
personal or household use.
* * *
"Final hemp-derived cannabinoid product" means a hemp-derived
cannabinoid product that is in the final form or preparation
marketed or intended to be used or consumed by a human or animal
and is not an intermediate hemp-derived cannabinoid product.
"Hemp" means the plant Cannabis sativa L. and any part of
that plant, including the seeds thereof and all derivatives,
extracts, cannabinoids, isomers, acids, salts and salts of
isomers, whether growing or not, with a total
tetrahydrocannabinols concentration, including
tetrahydrocannabinolic acid, of not more than three-tenths
percent on a dry weight basis. The term:
(1) Includes industrial hemp.
(2) Does not include:
(i) any viable seeds from a Cannabis sativa L. plant that
exceeds a total tetrahydrocannabinols concentration, including
tetrahydrocannabinolic acid, of three-tenths percent in the
plant on a dry weight basis;
(ii) any intermediate hemp-derived cannabinoid products
containing:
(A) cannabinoids that are not capable of being naturally
produced by a Cannabis sativa L. plant;
(B) cannabinoids that:
(I) are capable of being naturally produced by a Cannabis
sativa L. plant; and
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(II) were synthesized or manufactured outside the plant; or
(C) more than three-tenths percent combined total of:
(I) total tetrahydrocannabinols, including
tetrahydrocannabinolic acid; and
(II) any other cannabinoids that have similar effects or are
marketed to have similar effects on humans or animals as a
tetrahydrocannabinol as determined by the Secretary of Health
and Human Services;
(iii) any intermediate hemp-derived cannabinoid products
which are marketed or sold as a final product or directly to an
end consumer for personal or household use; or
(iv) any final hemp-derived cannabinoid products containing:
(A) cannabinoids that are not capable of being naturally
produced by a Cannabis sativa L. plant;
(B) cannabinoids that:
(I) are capable of being naturally produced by a Cannabis
sativa L. plant; and
(II) were synthesized or manufactured outside the plant; or
(C) greater than 0.4 milligrams combined total per container
of:
(I) total tetrahydrocannabinols, including
tetrahydrocannabinolic acid; and
(II) any other cannabinoids that have similar effects or are
marketed to have similar effects on humans or animals as a
tetrahydrocannabinol as determined by the Secretary of Health
and Human Services.
"Hemp-derived cannabinoid product" means any intermediate
hemp-derived cannabinoid product or final hemp-derived product
derived from hemp that contains cannabinoids in any form and is
intended for human or animal use through any means of
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application or administration such as inhalation, ingestion or
topical application. The term does not include a drug that is
the subject of an application approved under 21 U.S.C. § 355(c)
or (j) (relating to new drugs) or any product authorized for
purchase or obtained through the act of April 17, 2016 (P.L.84,
No.16), known as the "Medical Marijuana Act."
* * *
"Industrial hemp" means hemp:
(1) grown for the use of the stalk of the plant, fiber
produced from a stalk or any other noncannabinoid derivative,
mixture, preparation or manufacture of a stalk;
(2) grown for the use of the whole grain, oil, cake, nut,
hull or any other noncannabinoid compound, derivative, mixture,
preparation or manufacture of the seeds of the plant;
(3) grown for purposes of producing microgreens or other
edible hemp leaf products intended for human consumption that
are derived from an immature hemp plant that is grown from seeds
that do not exceed the threshold for total tetrahydrocannabinols
concentration specified in the definition of "hemp";
(4) that is a plant that does not enter the stream of
commerce and is intended to support hemp research at an
institution of higher education as defined in 20 U.S.C. § 1001
(relating to general definition of institution of higher
education) or an independent research institute; or
(5) grown for the use of a viable seed of the plant produced
solely for the production or manufacture of any material.
"Intermediate hemp-derived cannabinoid product" means a hemp-
derived cannabinoid product which:
(1) is not yet in the final form or preparation marketed or
intended to be used or consumed by a human or animal; or
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(2) is a powder, liquid, tablet, oil or other product form
which is intended or marketed to be mixed, dissolved, formulated
or otherwise added to or prepared with or into any other
substance prior to administration or consumption.
* * *
"Marihuana" consists of all forms, species and/or varieties
of the genus Cannabis sativa L., whether growing or not; the
seeds thereof; the resin extracted from any part of such plant;
and every compound, manufacture, salt, derivative, mixture, or
preparation of such plant, its seeds or resin, including hemp-
derived cannabinoid products; but shall not include
tetrahydrocannabinols, the mature stalks of such plant, fiber
produced from such stalks, oil or cake made from the seeds of
such plant, any other compound, manufacture, salt, derivative,
mixture, or preparation of such mature stalks (except the resin
extracted therefrom), fiber, oil, cake, or the sterilized seed
of such plant which is incapable of germination.
* * *
Section 2. The act is amended by adding a section to read:
Section 5.1. Medical Marihuana Exemption.--The growth,
processing, manufacture, acquisition, transportation, sale,
dispensing, distribution, possession and consumption of
marihuana derived from a medical marijuana organization as
defined in the act of April 17, 2016 (P.L.84, No.16), known as
the "Medical Marijuana Act," or pursuant to the medical
marijuana program under the "Medical Marijuana Act" shall not be
deemed to be a violation of this act.
Section 3. This act shall take effect November 12, 2026, or
immediately, whichever is later.
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