A proposed agency in Pennsylvania would oversee intoxicating hemp-derived substances under a recently introduced bipartisan bill, SB 49.
A newly formed Cannabis Control Board (CCB) would take over regulation of medical marijuana from the state Department of Health, manage synthetic hemp intoxicants, and be prepared to absorb future oversight responsibilities should recreational marijuana be legalized, according to provisions in the proposed law.
‘First task’
In addition to shoring up medical marijuana oversight in the state, the bill is also a response to the lack of oversight for the psychoactive hemp products, such as delta-8 and delta-10 THC, which are widely available in common retail outlets, and often marketed to children, said Sen. Dan Laughlin (R), the bill’s lead sponsor.
“One of the first tasks this board will tackle is regulating these intoxicating hemp products,” Laughlin said. “Without proper oversight of these products, they will continue to thrive in this legal gray area and be sold without proper age guidelines, labeling and without the collection of any tax revenue.”
The synthetic intoxicating cannabinoids are not explicitly legal in Pennsylvania. Their availability stems from a legal gray area created by House Bill 967 (2016), which legalized the cultivation and processing of industrial hemp in the state. That law, like the federal 2018 Farm Bill, defined hemp as cannabis with no more than 0.3% delta-9 THC and permitted its derivatives – including cannabinoids like CBD.
Surprise!
However, lawmakers at the time did not anticipate that CBD could be chemically converted into psychoactive compounds such as delta-8, delta-10, or HHC. This created a regulatory loophole: hemp-derived intoxicants are not banned, but neither are they regulated under existing state law. As a result, products containing the substances have proliferated in Pennsylvania and other states without mandatory testing, labeling, age restrictions, or taxation.
SB 49 would impose: limits on the manufacture and sale of the products; definitions covering synthetics derived from hemp; and testing and age restrictions on intoxicating cannabinoid products. Pennsylvania’s strategy mirrors those in several other states, where regulators are distinguishing traditional hemp cultivation from the growing sector of synthetic psychoactive hemp-based products.
Looking ahead
Laughlin said the board is urgently needed to eliminate inconsistencies, enhance transparency and provide the structure needed to responsibly manage the medical marijuana program.
SB 49, co-sponsored by 16 senators from both parties, does not legalize recreational cannabis but sets up an infrastructure that could manage it in the future.
In Pennsylvania, the Department of Agriculture currently oversees hemp production, issuing permits under the PA Hemp General Permit. That agency has focused on industrial uses such as textiles, construction materials, and non-intoxicating CBD.
The bill itself contains no provisions to legalize adult-use cannabis, but its structure clearly anticipates a post-prohibition environment. The sponsors say the unified board would be equipped to manage future expansion of cannabis access and eliminate bureaucratic overlap.