Is Delta 8 THC Legal in West Virginia?

The short answer is yes. In the State of West Virginia, it is perfectly legal to buy and sell products that contain Delta 8 (as long as they don't have more than .3% Delta-9 THC).  This makes it important for us to understand how federal law interacts with state laws when it comes to these substances so we can make informed decisions about our purchases in the state.  

Where to Buy Delta 9 in WV

Before we start on the 8 Delta THC variety, let's first learn what the state believes about the Delta 9 THC form.  Delta 9 is found in greater amounts naturally occurring in hemp compared to Delta 8 THC.  The 2018 Farm Bill restricts to the level of Delta 9 THC at the federal level, and West Virginia doesn't have other restrictions beyond the federal limit.  Therefore because West Virginia is THC-friendly, residents can go here and buy some Delta 9 THC along with other forms of industrial hemp products, as long as the products meet the federal limits.

With laws that are less restrictive than other states when it comes to THC, we wanted to see what the local laws in the state have to say about the Delta-8 THC contents.

Yes, Delta 8 THC is legal in the State of West Virginia.

In West Virginia Delta 8 is allowed. As you might know, CBD oil has been legalized federally since the 2018 US Farm Bill was passed. But unlike CBD, which will not get you high and is only a cannabinoid or non-psychoactive substance, Delta 8 contains psychoactive ingredients and can cause users to feel high.

Current West Virginia Delta-8 Legislation

The WV Legislature unanimously approved Senate Bill 447.

In the Act, it provides the following definitions:

"Hemp" or "industrial hemp" means all parts and varieties of the plant Cannabis sativa L. and any part of the plant, including the seeds of the plant and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not with no greater than 0.3% tetrahydrocannabinol, or the THC concentration for hemp defined in 7 U.S.C. § 5940 , whichever is greater;

"Hemp products" means all products derived from, or made by, processing hemp plants or plant parts, that are prepared in a form available for commercial sale;

"THC" means tetrahydrocannabinol. Notwithstanding any other provision of this code to the contrary, the THC found in industrial hemp shall not be considered to be THC for the purposes of qualifying as a controlled substance.

Currently, it is legal if any cannabis product contains less than 0.3% Delta-9 THC by weight and if it was grown or manufactured in accordance with the state’s plan for industrial hemp products.

West Virginia Industrial Hemp Act

West Virginia’s hemp program currently follows the same restrictions that apply to federally-legislated hemp. The state's Industrial Hemp Program is overseen by the West Virginia Department of Agriculture.

West Virginia Senate Bill 447 recognized hemp with not more than .3% Delta-9 THC as an “agricultural crop”. It also established licensing procedures for local farmers to produce and sell this product commercially.

List of controlled substances

West Virginia recognizes that THC found in hemp does not contradict its classification as a Schedule 1 Controlled Substance. The state updated its laws to reflect this, amending the Controlled Substances Act so they didn't have any bearing on the status of Delta-8-THC, which is now legal and accessible in West Virginia.

Buying and Shipping Delta 8 in West Virginia

Since Delta 8 is legal in the State of West Virginia, residents can buy product from the Delta-8 Shop with a shipping address located in the state. Delta-8 THC is allowed in the State.

Border States to West Virginia:

Pennsylvania, Virginia, and Kentucky

Advocacy Groups in West Virginia Supporting Delta 8 and Hemp Laws

West Virginians are continuously supportive of Delta 8 and pushing progress towards better Hemp Laws. Check out some of the standout organizations in the State:

WV Hemp

WV NORML

News stories covering raids or busts on Delta 8 Products and stores in West Virginia

3/7/2022

Morgantown’s first CBD, Delta 8 lounge and bar opens

3/24/2021

West Virginia Senate approves edible medical marijuana

3/12/2021

W.Va. health officials warn against Delta-8-THC; smoke shops disagree

3/11/2021

Poison Center warns about dangers of Delta-8-THC

3/4/2021

Introduction to Growing Industrial Hemp Fiber and Grain webinar planned

2/5/2021

West Virginia Begins Medical Marijuana Patient Registration, But Sales Can’t Launch Without Testing