Is THC-O Acetate Legal in Pennsylvania? (2026)

Instrument

18 Pa.C.S. 6305 (definition of tobacco product; sale to minors); 72 P.S. 8201-A

Source

https://law.justia.com/codes/pennsylvania/title-18/chapter-63/section-6305/

Retrieved

2026-10-07

Fingerprint

070423435c4b7c04

18 Pa.C.S. 6305 (2025 code, Justia). (a)(1) [A person commits a summary offense if the person] sells a tobacco product to any minor. "Tobacco product." Any product containing, made or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed or ingested by any other means, including, but not limited to, a cigarette, a cigar, a little cigar, chewing tobacco, pipe tobacco, snuff and snus. Any electronic device that delivers nicotine or another substance to a person inhaling from the device, including, but not limited to, electronic nicotine delivery systems, an electronic cigarette, a cigar, a pipe and a hookah. Any product containing, made or derived from either: Tobacco, whether in its natural or synthetic form; or Nicotine, whether in its natural or synthetic form, which is regulated by the United States Food and Drug Administration as a deemed tobacco product. Any component, part or accessory of the product or electronic device under subparagraphs (i), (ii) and (iii), whether or not sold separately. “Electronic cigarette.” An electronic device that delivers nicotine or other substances through vaporization and inhalation. 72 P.S. 8201-A (as quoted by Public Health Law Center): “An electronic oral device ... which provides a vapor of nicotine or any other substance and the use or inhalation of which simulates smoking.” Act 57 of 2025, Article II-I: “Electronic cigarette that contains nicotine” means an electronic cigarette labeled, advertised or marketed as containing nicotine or an electronic cigarette determined by the department or the Attorney General to contain nicotine. Effective February 20, 2026. (Bracketed lead-in supplied from context; official palegis.us and legis.state.pa.us pages timed out.)

Instrument

18 Pa.C.S. 6305. Sale of tobacco products

Source

https://www.palegis.us/statutes/consolidated/view-statute?iFrame=true&txtType=HTM&ttl=18&div=00.&chpt=063.&sctn=005.&subsctn=000.

Retrieved

2026-10-29

Fingerprint

50b02225e869df95

§ 6305.  Sale of tobacco products.

(a)  Offense defined.--
Except as set forth in subsection (f), a person is guilty of a summary offense if
            the person:

(1)  sells a tobacco product to any minor;

(2)  furnishes, by purchase, gift or other means, a tobacco product to a minor;

(3)  (Deleted by amendment).

(4)  locates or places a vending machine containing a tobacco product in a location accessible
            to minors;

(5)  displays or offers a cigarette for sale out of a pack of cigarettes; or

(6)  displays or offers for sale tobacco products in any manner which enables an individual
            other than the retailer or an employee of the retailer to physically handle tobacco
            products prior to purchase unless the tobacco products are located within the line
            of sight or under the control of a cashier or other employee during business hours,
            except that this paragraph shall not apply to retail stores which derive 75% or more
            of sales revenues from tobacco products.

(a.1)  Purchase.--
A minor is guilty of a summary offense if the minor:

(1)  purchases or attempts to purchase a tobacco product; or

(2)  knowingly falsely represents himself to be at least 21 years of age or if the minor
            is a member of the active or reserve components of any branch or unit of the armed
            forces of the United States or a veteran who received an honorable discharge from
            any branch or unit of the active or reserve components of the armed forces of the
            United States, at least 18 years of age to a person for the purpose of purchasing
            or receiving a tobacco product.

(b)  Penalty.--

(1)  Except as set forth in paragraph (2), a person that violates subsection (a) shall
            be sentenced as follows:

(i)  for a first offense, to pay a fine of not less than $100 nor more than $250;

(ii)  for a second offense, to pay a fine of not less than $250 nor more than $500; or

(iii)  for a third or subsequent offense, to pay a fine of not less than $500 nor more than
            $1,000.

(2)  A retailer that violates subsection (a) shall be sentenced as follows:

(i)  for a first offense, to pay a fine of not less than $100 nor more than $500;

(ii)  for a second offense, to pay a fine of not less than $500 nor more than $1,000;

(iii)  for a third offense, to pay a fine of not less than $1,000 nor more than $3,000; or

(iv)  for a fourth or subsequent offense, to pay a fine of not less than $3,000 nor more
            than $5,000.

(3)  A minor who violates subsection (a.1) shall be sentenced to any or all of the following:

(i)  not more than 75 hours of community service;

(ii)  complete a tobacco use prevention and cessation program approved by the Department
            of Health; or

(iii)  a fine not to exceed $200.

(iv)  (Deleted by amendment).

(c)  Notification.--

(1)  Upon issuing or filing a citation charging a violation of subsection (a.1), the affiant
            shall notify the parent or guardian of the minor charged.

(2)  Upon imposing a sentence under subsection (b)(1) or (2), a court shall notify the
            department of the violation committed by the person if the person is a retailer or
            an employee of a retailer and the person committed the violation in the course of
            the person’s employment.

(d)  Nature of offense.--

(1)  An offense under subsection (a.1) shall not be a criminal offense of record, shall
            not be reportable as a criminal act and shall not be placed on the criminal record
            of the offender. The failure of a minor to comply with a sentence under subsection
            (b)(3) shall not constitute a delinquent act under 42 Pa.C.S. Ch. 63 (relating to
            juvenile matters).

(2)  A record of participation in an adjudication alternative program under subsection
            (e) shall be maintained for purposes of determining subsequent eligibility for such
            a program.

(3)  Except as provided in subsection (f)(1), a retailer is liable for the acts of its
            agents as permitted by section 307 (relating to liability of organizations and certain
            related persons).

(e)  Preadjudication disposition.--
If a person is charged with violating this section, the court may admit the offender
            to the adjudication alternative program as authorized in 42 Pa.C.S. § 1520 (relating
            to adjudication alternative program) or any other preadjudication disposition if the
            offender has not previously received a preadjudication disposition for violating this
            section. Accelerated Rehabilitative Disposition or any other preadjudication alternative
            for a violation of subsection (a) shall be considered an offense for the purposes
            of imposing criminal penalties under subsection (b)(1) and (2).

(f)  Exceptions.--

(1)  The following affirmative defense is available:

(i)  It is an affirmative defense for a retailer to an offense under subsection (a)(1)
            and (2) that, prior to the date of the alleged violation, the retailer has complied
            with all of the following:

(A)  adopted and implemented a written policy against selling tobacco products to minors
            which includes:

(I)  a requirement that an employee ask an individual who appears to be 25 years of age
            or younger for a valid photoidentification as proof of age prior to making a sale
            of tobacco products;

(II)  a list of all types of acceptable photoidentification;

(III)  a list of factors to be examined in the photoidentification, including photo likeness,
            birth date, expiration date, bumps, tears or other damage and signature;

(IV)  a requirement that, if the photoidentification is missing any of the items listed
            in subclause (III), it is not valid and cannot be accepted as proof of age for the
            sale of tobacco products. A second photoidentification may be required to make the
            sale of tobacco products, with questions referred to the manager; and

(V)  a disciplinary policy which includes employee counseling and suspension for failure
            to require valid photoidentification and dismissal for repeat improper sales.

(B)  informed all employees selling tobacco products through an established training program
            of the applicable Federal and State laws regarding the sale of tobacco products to
            minors;

(C)  documented employee training indicating that all employees selling tobacco products
            have been informed of and understand the written policy referred to in clause (A);

(D)  trained all employees selling tobacco products to verify that the purchaser is at
            least 21 years of age or if the minor is a member of the active or reserve components
            of any branch or unit of the armed forces of the United States or a veteran who received
            an honorable discharge from any branch or unit of the active or reserve components
            of the armed forces of the United States, at least 18 years of age before selling
            tobacco products;

(E)  conspicuously posted a notice that selling tobacco products to a minor is illegal,
            that the purchase of tobacco products by a minor is illegal and that a violator is
            subject to penalties; and

(F)  established and implemented disciplinary sanctions for noncompliance with the policy
            under clause (A).

(ii)  An affirmative defense under this paragraph must be proved by a preponderance of the
            evidence.

(iii)  An affirmative defense under this paragraph may be used by a retailer no more than
            three times at each retail location during any 24-month period.

(2)  No more than one violation of subsection (a) per person arises out of separate incidents
            which take place in a 24-hour period.

(3)  It is not a violation of subsection (a.1)(1) for a minor to purchase or attempt to
            purchase a tobacco product if all of the following apply:

(i)  The minor is at least 14 years of age.

(ii)  The minor is an employee, volunteer or an intern with:

(A)  a State or local law enforcement agency;

(B)  the Department of Health or a primary contractor pursuant to Chapter 7 of the act
            of June 26, 2001 (P.L.755, No.77), known as the Tobacco Settlement Act;

(C)  a single county authority created pursuant to the act of April 14, 1972 (P.L.221,
            No.63), known as the Pennsylvania Drug and Alcohol Abuse Control Act;

(D)  a county or municipal health department; or

(E)  a retailer.

(iii)  The minor is acting within the scope of assigned duties as part of an authorized investigation,
            compliance check under subsection (g) or retailer-organized self-compliance check.

(iv)  A minor shall not use or consume a tobacco product.

(g)  Compliance checks.--
This subsection shall apply to compliance checks conducted by the Department of Health,
            a primary contractor pursuant to Chapter 7 of the Tobacco Settlement Act, a single
            county authority created pursuant to the Pennsylvania Drug and Alcohol Abuse Control
            Act or a county or municipal health department for the purpose of conducting retailer
            education, assessing compliance with Federal or State law and enforcing the provisions
            of this section. Compliance checks shall be conducted, at a minimum, in accordance
            with all of the following:

(1)  Compliance checks shall only be conducted in consultation with the Department of Health
            and the law enforcement agency providing primary police services to the municipality
            where the compliance check is being conducted.

(2)  A minor participating in a compliance check must be at least 14 years of age, complete
            a course of training approved by the Department of Health and furnish the Department
            of Health with a signed, written parental consent agreement allowing the minor to
            participate in the compliance check.

(3)  A retailer that is found to be in compliance with this section during a compliance
            check shall be notified in writing of the compliance check and the determination of
            compliance.

(4)  Compliance checks conducted under this subsection shall be in a manner consistent
            with this subsection and the regulations as promulgated by the Department of Health.

(5)  The Department of Health, a primary contractor pursuant to Chapter 7 of the Tobacco
            Settlement Act, a single county authority created pursuant to the Pennsylvania Drug
            and Alcohol Abuse Control Act or a county or municipal health department shall conduct
            a compliance check under this subsection no more than once every 30 days at any one
            retail location. This paragraph shall not preclude the law enforcement agency providing
            primary police services to the municipality in which the retail store is located from
            otherwise enforcing this section.

(6)  Individuals participating in compliance checks under this subsection shall not be
            deemed employees under the act of July 23, 1970 (P.L.563, No.195), known as the Public
            Employe Relations Act, nor shall participating individuals be considered policemen
            under the act of June 24, 1968 (P.L.237, No.111), referred to as the Policemen and
            Firemen Collective Bargaining Act.

(h)  Administrative action.--

(1)  Upon receiving notice, in accordance with subsection (c) or otherwise, of a third
            conviction of a retailer during any 24-month period, the department may, after an
            opportunity for a hearing, suspend the retailer’s cigarette license for up to 30 days.
            The department, in a hearing held pursuant to this paragraph, has jurisdiction only
            to determine whether or not the retailer was convicted of a violation of subsection
            (a). The introduction of a certified copy of a conviction for a violation of subsection
            (a) shall be sufficient evidence for the suspension of the cigarette license.

(2)  Upon receiving notice, in accordance with subsection (c) or otherwise, of a fourth
            conviction of a retailer during any 24-month period, the department may, after an
            opportunity for a hearing, revoke the retailer’s cigarette license for up to 60 days.
            The department, in a hearing held under this paragraph, has jurisdiction only to determine
            whether or not the retailer was convicted of a violation of subsection (a). The introduction
            of a certified copy of a conviction for a violation of subsection (a) shall be sufficient
            evidence for the revocation of the cigarette license.

(i)  Enforcement.--
An employee of the Department of Health, a single county authority created pursuant
            to the Pennsylvania Drug and Alcohol Abuse Control Act, a county or municipal health
            department or a primary contractor pursuant to Chapter 7 of the Tobacco Settlement
            Act may institute a proceeding to enforce the provisions of this section in accordance
            with any means authorized by the Rules of Criminal Procedure. The enforcement authority
            granted pursuant to this subsection may not be delegated.

(j)  Other penalties.--
Notwithstanding any other law to the contrary, prosecution or conviction under this
            section shall not constitute a bar to any prosecution, penalty or administrative action
            under any other applicable statutory provision.

(k)  Definitions.--
As used in this section, the following words and phrases shall have the meanings given
            to them in this subsection:

“Cigarette.”
  A roll for smoking made wholly or in part of tobacco, irrespective of size or shape
            and whether or not the tobacco is flavored, adulterated or mixed with any other ingredient,
            the wrapper or cover of which is made of paper or other substance or material except
            tobacco. The term does not include a cigar.

"Cigarette license."
  A license issued under section 203-A or 213-A of the act of April 9, 1929 (P.L.343,
            No.176), known as The Fiscal Code.

"Department."
  The Department of Revenue of the Commonwealth.

“Electronic cigarette.”
  An electronic device that delivers nicotine or other substances through vaporization
            and inhalation.

“Electronic nicotine delivery system”
 or
“ENDS.”
  A product or device used, intended for use or designed for the purpose of ingesting
            a nicotine product. The term includes an electronic cigarette.

“Minor.”
  As follows:

(1)  Except as provided under paragraph (2), an individual under 21 years of age.

(2)  A member of the active or reserve components of any branch or unit of the armed forces
            of the United States under 18 years of age or a veteran who received an honorable
            discharge from any branch or unit of the active or reserve components of the armed
            forces of the United States under 18 years of age.

"Nicotine product."
  A product that contains or consists of nicotine in a form that can be ingested by
            chewing, smoking, inhaling or any other means.

“Pack of cigarettes.”
  As defined in section 1201 of the act of March 4, 1971 (P.L.6, No.2), known as the
            Tax Reform Code of 1971.

“Pipe tobacco.”
  Any product containing tobacco made primarily for individual consumption that is intended
            to be smoked using tobacco paraphernalia.

“Retailer.”
  A person licensed under section 203-A or 213-A of the act of April 9, 1929 (P.L.343,
            No.176), known as The Fiscal Code, or other lawful retailer of other tobacco products.

"Smokeless tobacco."
  Any product containing finely cut, ground, powdered, blended or leaf tobacco made
            primarily for individual consumption that is intended to be placed in the oral or
            nasal cavity and not intended to be smoked. The term includes, but is not limited
            to, chewing tobacco, dipping tobacco and snuff.

"Tobacco product."
  As follows:

(1)  The term includes:

(i)  Any product containing, made or derived from tobacco or nicotine that is intended
            for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled,
            snorted, sniffed or ingested by any other means, including, but not limited to, a
            cigarette, a cigar, a little cigar, chewing tobacco, pipe tobacco, snuff and snus.

(ii)  Any electronic device that delivers nicotine or another substance to a person inhaling
            from the device, including, but not limited to, electronic nicotine delivery systems,
            an electronic cigarette, a cigar, a pipe and a hookah.

(iii)  Any product containing, made or derived from either:

(A)  Tobacco, whether in its natural or synthetic form; or

(B)  Nicotine, whether in its natural or synthetic form, which is regulated by the United
            States Food and Drug Administration as a deemed tobacco product.

(iv)  Any component, part or accessory of the product or electronic device under subparagraphs
            (i), (ii) and (iii), whether or not sold separately.

(2)  The term does not include:

(i)  A product that has been approved by the United States Food and Drug Administration
            for sale as a tobacco cessation product or for other therapeutic purposes where the
            product is marketed and sold solely for such approved purpose, so long as the product
            is not inhaled.

(ii)  A device under paragraph (1)(ii) or (iii) if sold by a dispensary licensed under the
            act of April 17, 2016 (P.L.84, No.16), known as the Medical Marijuana Act.

“Tobacco vending machine.”
  A mechanical or electrical device from which one or more tobacco products are dispensed
            for a consideration.

18c6305v

(Feb. 14, 1990, P.L.54, No.7, eff. imd.; July 10, 2002, P.L.789, No.112, eff. 30 days;
            Oct. 24, 2018, P.L.659, No.95, eff. 180 days; Nov. 27, 2019, P.L.669, No.93, eff.
            60 days; Nov. 27, 2019, P.L.759, No.111, eff. July 1, 2020)

Instrument

Chapter 7, Industrial Hemp Research

Source

https://www.palegis.us/statutes/consolidated/view-statute?txtType=PDF&ttl=3

Retrieved

2026-10-29

Fingerprint

197594e44348a374

CHAPTER 7
INDUSTRIAL HEMP RESEARCH

Sec.
701.

Scope of chapter.

702.
703.
704.
705.
706.
707.
708.
709.
710.

Definitions.
Administration.
Growth and cultivation.
Control orders.
Noncriminal offense.
Criminal and civil penalties.
Disposition of funds.
Abrogation of regulation.
Expiration.

Enactment.

Chapter 7 was added July 20, 2016, P.L.822,

No.92, effective upon publication of the notice under section
703(a)(2), unless otherwise noted.
Scope of chapter.
§ 701.

This chapter relates to industrial hemp research.

§ 702.

Definitions.

The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless
the context clearly indicates otherwise:

"Agricultural pilot program."

A pilot program to study the

growth, cultivation or marketing of industrial hemp.

"Control order."

A written order issued by the department
to a person establishing required treatment measures, including
destruction, for a violation of a provision of this chapter or
a regulation, permit or order issued under this chapter.

The Department of Agriculture of the

"Department."

Commonwealth.

“Industrial hemp.”

The plant Cannabis sativa L. and any

part of the plant, whether growing or not, with a delta-9
tetrahydrocannabinol concentration of not more than 0.3% on a
dry-weight basis.

"Institution of higher education."

As defined by section

101 of the Higher Education Act of 1965 (Public Law 89-329, 79
Stat. 1219).

"Secretary."

The Secretary of Agriculture of the

Commonwealth.
§ 703.
(a)

Administration.
Department.--The department has the following duties:

(1)
(2)

Implement this chapter.
Establish, through permits, a certification and

registration program under this chapter and, when the program
is operative, transmit notice of that fact to the Legislative
Reference Bureau for publication in the Pennsylvania
Bulletin.
(b)

Powers and duties.--The department shall have the

following powers and duties:

(1)

Notwithstanding any other law to the contrary, to

regulate and permit industrial hemp under this chapter in a
manner consistent with the provisions of this chapter and
all Federal laws, regulations and orders.

(2)

To establish, implement and administer an
agricultural pilot program to the extent funds are available.

(3)

To develop and implement permitting requirements,

and regulations if necessary, to carry out the provisions
of this chapter.

(4)

To issue, renew, deny, revoke, suspend or refuse

to renew permits to conduct an agricultural pilot program.

(5)
(6)
(7)

To develop an application for registration.
To develop an application for permits.
To create and maintain a database of permitted

institutions of higher education and sites used to grow or
cultivate industrial hemp.

(8)

To inspect the facilities, growing areas, fields,

seeds, plants and other items used by each permitted entity
to ensure compliance with this chapter and permitting
requirements and regulatory standards if promulgated,
including conducting or requiring testing of seeds, plants
and plant materials at the permit holder's cost.

(9)

To establish, through permit, restrictions for the
use or reuse of seeds, crops or products produced as the end
result of an agricultural pilot program.

(10)

To establish reasonable permitting and inspection

fees to cover the cost of administration of this chapter.

(11)

Notwithstanding any provision of Chapter 71

(relating to seed) and its attendant regulations, to regulate
the labeling and testing of industrial hemp and industrial
hemp seeds within this Commonwealth.

(12)

To establish, through permitting standards or

regulation, recordkeeping requirements necessary to
administer the provisions of this chapter.
(c)

Secretary.--If the secretary determines that a Federal
agency is authorized to regulate industrial hemp, the secretary
shall transmit notice of that authorization to the bureau for
publication in the Pennsylvania Bulletin.

Effective Date.

Section 3(1)(i) of Act 92 of 2016 provided

that subsec. (a) shall take effect immediately.

Cross References. Section 703 is referred to in section 710

of this title.
§ 704.
(a)

Growth and cultivation.
Authorization.--Industrial hemp may be grown or

cultivated by the department or an institution of higher
education for the purposes of research conducted under an
agricultural pilot program in compliance with subsection (b),
notwithstanding:
(1)

The Controlled Substances Act (Public Law 91-513,

84 Stat. 1236, 21 U.S.C. § 801 et seq.).

(Reserved).

(2)
(3) 41 U.S.C. Ch. 81 (relating to drug-free workplace).
(4)

Section 4(1)(vii)1 of the act of April 14, 1972

(P.L.233, No.64), known as The Controlled Substance, Drug,
Device and Cosmetic Act.

(5)

18 Pa.C.S. § 7508(a)(1) (relating to drug

trafficking sentencing and penalties).

(6)

Any other Federal law or State law.

(b)

Manner.--Industrial hemp shall be grown or cultivated

in a manner that complies with all of the following:

(1)

Except as provided under subsection (c), only

institutions of higher education and the department may grow
or cultivate industrial hemp.

(2)

Sites used for growing or cultivating industrial

hemp must be certified, inspected and permitted by and
registered with the department. The failure to permit
inspection by the department shall be a violation of this
chapter.
(c)

Contracted growers.--

(1)

The department, to the extent necessary to carry

out the provisions of an agricultural pilot program, may
contract with a person to grow or cultivate industrial hemp.
(2) An institution of higher education holding a permit

from the department, to the extent necessary to carry out
the provisions of an agricultural pilot program, may contract
with a person to grow or cultivate industrial hemp.

(3)

A contract between an institution of higher

education and a person must incorporate the provisions of
the permit issued to the institution of higher education and
must require written approval from the department.

(4)

A person with a contract to grow or cultivate

industrial hemp must provide the following information:
The name and mailing address of the person.

The legal description and global positioning

coordinates sufficient to locate each site to be used
to grow or cultivate industrial hemp.

(iii)

A signed declaration indicating whether the

person has ever been convicted of a felony or
misdemeanor.
(5)

A person with a contract under this subsection is

(i)
(ii)

subject to a grant of necessary permissions, waivers or other
form of valid legal status by the United States Drug
Enforcement Administration or other appropriate Federal
agency pursuant to Federal laws relating to industrial hemp.
The department may seek all-inclusive permissions, waivers
or other forms of valid legal status from the United States
Drug Enforcement Administration or other appropriate Federal
agency pursuant to Federal laws relating to industrial hemp
for all persons with a contract to grow or cultivate
industrial hemp.

(6)

Each contracted grower shall submit fingerprints

to the Pennsylvania State Police for the purpose of obtaining
criminal history record checks. The Pennsylvania State Police
or its authorized agent shall submit the fingerprints to the
Federal Bureau of Investigation for the purpose of verifying
the identity of the applicant and obtaining a current record
of any criminal arrests and convictions. Any criminal history
record information relating to contracted growers obtained
under this paragraph by the department may be interpreted
and used by the department only to determine the applicant’s
character, fitness and suitability to serve as contracted
growers under this chapter.

(7)

A person with a felony drug conviction within the

past 10 years may not contract to grow or cultivate
industrial hemp under this subsection.

§ 705.
(a)

Control orders.
Authority of department.--

(1)

The department may issue a control order:

(i)

Requiring any person registered and permitted

to grow industrial hemp to implement treatment measures
for industrial hemp if the department finds that the
person has violated a provision of this chapter or a
regulation, order or permitting requirement issued under
this chapter.
(ii)

Upon finding industrial hemp growing on any

premises or property without a valid registration or
permit.
(2) A control order shall set forth the general factual
and legal basis for the action and shall advise the affected
person that within 15 days of receipt of the control order
the person may file with the department a written request
for an administrative hearing.

(3)

The hearing under paragraph (2) shall be conducted
in accordance with 2 Pa.C.S. (relating to administrative law
and procedure). The written control order of the department
shall be served upon the affected person by personal service
or by registered or certified mail, return receipt requested.
The control order shall become final upon the expiration of

the 15-day period for requesting an administrative hearing
unless a timely request for a hearing has been filed with
the department.
(b)

Required contents.--The control order shall prescribe

the required remediation, control, eradication or treatment
measures and the date by which the measures must be completed.

(c)

Expenses and costs.--The department may recover any

expenses and costs incurred in enforcing and carrying out the
measures established in the control order from the person that
was the subject of the department's control order.
§ 706.

Noncriminal offense.

An activity conducted in compliance with this chapter shall
not be in violation of the laws of the Commonwealth including:

(1)

The act of April 14, 1972 (P.L.233, No.64), known

as The Controlled Substance, Drug, Device and Cosmetic Act.
18 Pa.C.S. § 7508(a)(1) (relating to drug

(2)

trafficking sentencing and penalties).

(3)

Any other law of the Commonwealth regulating the

growth or cultivation of industrial hemp.

§ 707.
(a)

Criminal and civil penalties.
Penalties authorized.--In addition to any criminal

penalty that may apply if a person is operating outside the
requirements of this chapter or a permit, rule or regulation
promulgated under this chapter, the department may impose the
penalties under this section.

(b)

Criminal penalties.--The following shall apply:

(1)

A person commits a summary offense if the person:
violates a provision of this chapter or a

(i)

permit, rule or regulation promulgated under this
chapter; or
(ii)

impedes, obstructs, hinders or otherwise

prevents or attempts to prevent the department in the
performance of its duty in connection with a provision
of this chapter or a permit, rule or regulation
promulgated under this chapter.
(2)

Upon conviction of an offense under paragraph (1),

the person shall be sentenced to pay a fine of:

(i)

Not less than $100 nor more than $300 for the

first violation.

(ii)

Not less than $500 nor more than $1,000 for a
subsequent violation that occurs within one year of the
first conviction.

(c)

Civil penalties.--The following shall apply:

(1)

In addition to any other remedy available at law
or in equity for a violation of this chapter or a permit,
rule or regulation promulgated under this chapter, the
department may assess upon a person a civil penalty of not
more than $5,000, plus the cost of remediation, containment
or eradication, for each violation of this chapter, a permit,
rule or regulation promulgated under this chapter or an order
issued under the authority of this chapter.

(2) A civil penalty assessed under this subsection shall

be payable to the department.

(3)

The amount of the civil penalty under this
subsection shall be collectible in a manner provided by law
for the collection of debt, including referral of the
collection matter to the Office of Attorney General, which
shall recover the amount by action in the appropriate court.

(4)

A civil penalty may not be assessed unless the

person subject to the penalty has been given notice and an
opportunity for a hearing on the assessment in accordance
with the provisions of 2 Pa.C.S. Ch. 5 Subch. A (relating

to practice and procedure of Commonwealth agencies) and Ch.
7 Subch. A (relating to judicial review of Commonwealth
agency action).
(d)

Civil remedy.--The following shall apply:

(1)

In addition to any other remedy provided for in

this chapter, at the request of the secretary, the Attorney
General may initiate, in the Commonwealth Court or the court
of common pleas of the county in which the defendant resides
or has a place of business, an action in equity for an
injunction to restrain a violation of this chapter, a permit,
rule or regulation promulgated under this chapter or an order
of the department from which no timely appeal has been taken
or sustained on appeal.

(2)

In a proceeding under paragraph (1), upon motion

of the Commonwealth, the court shall issue a preliminary
injunction if it finds that the defendant is engaging in
conduct that is causing immediate or irreparable harm to the
public. The Commonwealth shall not be required to furnish
bond or other security in connection with the proceeding.
In addition to an injunction, the court may levy a civil
penalty as provided for under this chapter.

§ 708.
(a)

Disposition of funds.
Deposit of funds.--All fees, fines and penalties

collected under this chapter shall be paid into a subaccount
in a special restricted account in the General Fund known as
the Plant Pest Management Account and shall be appropriated by
the General Assembly to the department for the purpose of this
chapter. The money in the subaccount shall not replace revenues
appropriated to the fund as allowed under subsection (b).

(b)

Supplement to account.--The subaccount in the Plant

Pest Management Account may be supplemented by:

(1) Funds appropriated from the General Assembly to the

department for purposes of this chapter.

(2)

Federal funds appropriated to the department for

purposes of this chapter.

(3) Gifts and other contributions from public or private

sources for purposes of this chapter.

§ 709.

Abrogation of regulation.

The provisions of 7 Pa. Code § 110.1(1) (relating to noxious

weed control list) are abrogated.
§ 710.

Expiration.

This chapter shall expire upon publication in the
Pennsylvania Bulletin of the notice under section 703(c)
(relating to administration).