Pennsylvania Marijuana Laws & Regulations 2026
Pennsylvania has a medical marijuana program but recreational cannabis remains illegal. This guide covers Pennsylvania's marijuana laws, patient requirements, and program regulations as of December 2025.
Legal Framework Overview
Pennsylvania's medical marijuana program is governed by:
- Medical Marijuana Act (Act 16 of 2016) - Signed April 17, 2016
- 35 P.S. Chapter 61 - Medical Marijuana Statute
- 28 Pa. Code Chapter 1141-1230 - Program Regulations
Is Marijuana Legal in Pennsylvania?
Medical Marijuana: Legal since 2016 under the Medical Marijuana Act. Patients with qualifying conditions can purchase from licensed dispensaries.
Recreational Marijuana: Illegal. Pennsylvania has NOT legalized recreational cannabis. Possession without a medical marijuana card remains a criminal offense.
Medical Marijuana Program
The Pennsylvania Department of Health administers the state's medical marijuana program.
Patient Requirements
- Be a Pennsylvania resident
- Have a qualifying medical condition
- Obtain certification from a registered physician
- Register with the PA Department of Health
- Pay the $50 annual card fee
Age Requirements
- Adults (18+): Can apply directly for a patient card
- Minors: Must have a registered caregiver who is at least 21 years old
Qualifying Medical Conditions
As of December 2025, Pennsylvania recognizes 24 qualifying conditions:
- Amyotrophic lateral sclerosis (ALS)
- Anxiety disorders
- Autism
- Cancer (including remission therapy)
- Chronic hepatitis C
- Crohn's disease
- Damage to nervous tissue of CNS with intractable spasticity
- Dyskinetic and spastic movement disorders
- Epilepsy
- Glaucoma
- HIV/AIDS
- Huntington's disease
- Inflammatory bowel disease
- Intractable seizures
- Multiple sclerosis
- Neurodegenerative diseases
- Neuropathies
- Opioid use disorder
- Parkinson's disease
- Post-traumatic stress disorder (PTSD)
- Severe chronic or intractable pain
- Sickle cell anemia
- Terminal illness
- Tourette syndrome
Approved Forms of Medical Marijuana
Pennsylvania approves specific forms of medical marijuana:
Permitted Forms:
- Pill/capsule
- Oil
- Topical (gel, cream, ointment)
- Tincture
- Liquid
- Vaporization (dry leaf/flower since 2018)
- Nebulization
- Inhalers
Important: Smoking marijuana was NOT originally permitted, but dry leaf/flower for vaporization was added in 2018.
Possession Limits
- 30-day supply as determined by the patient's certifying physician
- Specific amounts vary based on product type and patient needs
- No home cultivation allowed
Consumption Rules
Where You CAN Use Medical Marijuana
- Private residence
- Any private property where the owner permits
Where You CANNOT Use Cannabis
- Public places
- On any school bus or school grounds
- In any correctional facility
- In vehicles (driver or passenger)
- Any place where smoking tobacco is prohibited
- Federally owned property
Employment Protections
Pennsylvania's Medical Marijuana Act includes employment provisions:
- Employers CANNOT discharge employees solely for being a registered patient
- Employers CANNOT refuse to hire solely based on registered patient status
- Employers CAN prohibit patients from being under the influence at work
- Employers CAN discipline for impairment on the job
- Safety-sensitive positions may have additional restrictions
Note: These protections do NOT apply to positions requiring federal background checks or security clearances.
Driving Under the Influence
Driving while impaired by cannabis is illegal under 75 Pa.C.S. § 3802.
Pennsylvania has a per se DUI law: Any detectable amount of THC metabolites in blood can result in DUI charges for non-patients.
Penalties:
- First offense: Up to 6 months probation, $300 fine, mandatory safety school
- Second offense: 5 days to 6 months jail, $300-$2,500 fine, 12-month license suspension
- Third+ offense: 10 days to 2 years prison, $500-$5,000 fine, license suspension
Medical patients: Having a valid card is NOT a defense to DUI if actually impaired.
Home Cultivation
Home cultivation is NOT permitted in Pennsylvania, even for medical marijuana patients. All medical marijuana must be purchased from state-licensed dispensaries.
Penalties for Non-Medical Possession
Per 35 P.S. § 780-113:
| Amount | Classification | Penalty |
|---|---|---|
| 30g or less | Misdemeanor | Up to 30 days jail, $500 fine |
| More than 30g | Misdemeanor | Up to 1 year jail, $5,000 fine |
| Repeat offense (>30g) | Misdemeanor | Up to 3 years jail, $25,000 fine |
Distribution/Sale Penalties
| Amount | Penalty |
|---|---|
| Under 2 lbs | Up to 1 year jail, $5,000 fine |
| 2-10 lbs | Up to 3 years prison, $25,000 fine |
| Over 10 lbs | Up to 5 years prison, $50,000 fine |
| Sale to minors | Enhanced penalties |
| Near schools | Enhanced penalties |
Local Decriminalization
Several Pennsylvania cities have decriminalized small amounts of marijuana:
- Philadelphia: Possession of 30g or less = civil fine ($25) instead of criminal charge
- Pittsburgh: Similar decriminalization policies
- Harrisburg, State College, Erie: Various local policies
Important: Local decriminalization does NOT override state law—you can still be charged under state statute.
Dispensary & Program Regulations
Licensed Dispensaries
- Must be licensed by PA Department of Health
- Required to maintain seed-to-sale tracking
- Products must pass laboratory testing
- Strict packaging and labeling requirements
Purchasing Process
- Register with PA Department of Health
- Receive certification from registered physician
- Receive patient ID card
- Purchase from licensed dispensary using ID card
Caregiver Rules
- Must be 21 years or older
- Must register with the Department of Health
- Can be designated for up to 5 patients
- Subject to criminal background check
- Cannot have felony drug conviction in past 5 years
THC Limits & Product Regulations
- No statutory THC percentage limits for flower
- Edibles limited to 10mg THC per serving in many products
- All products must be tested and labeled for potency
- Child-resistant packaging required
Recent Updates & Future Outlook
- 2018: Dry leaf/flower for vaporization added
- 2019: Program expanded to include more conditions
- 2020-2024: Multiple attempts to legalize recreational cannabis have not passed
- 2025: Recreational legalization bills continue to be introduced but have not passed