Is Delta 8 Legal in West Virginia? (2024 Update)

by Kat Austin February 22, 2021 6 min read

Is Delta 8 Legal in West Virginia? (2024 Update) - Vida Optima™

The 2018 Farm Bill officially legalized hemp, and subsequently Delta-8-THC, across the nation. Every state governs its own hemp laws, leading many to wonder: Is Delta-8-THC legal in West Virginia? 

For now, Delta-8-THC is legal in the state, but that may be subject to change with the passing of SB 546, a bill that would ban Delta-8, Delta-10, and other similar psychoactive compounds.

If you're looking to buy Delta-8 in West Virginia, you should still familiarize yourself with state laws first:

Looking for legal Delta-8-THC you can buy in West Virginia? Check out our Elev8 Collection.

Disclaimer: We’re always working to stay informed on the latest Delta-8 laws and research. However, state laws are subject to change and we advise that you do your own research to verify the information you find in this article. This is not intended as legal advice.

Delta 8 WV Table of Contents

West Virginia Delta-8-THC Laws
Is Delta-8 a Controlled Substance in West Virginia?
Delta-8-THC Possession Limits in West Virginia
Is Delta-9-THC Legal in West Virginia?
Where to Buy Delta-8 in West Virginia
Do You Have to Be 21 to Buy Delta-8?
Is Delta-8 Legal in All 50 States?
Resources

Key Takeaways

  • Delta-8-THC is both legal and accessible in West Virginia, but the laws are subject to change. 
  • To ensure that the Delta-8 you purchase is legal, you have to ensure that it is made from legal hemp by a licensed grower.
  • You can find it at a limited number of stores in West Virginia, but you can also buy legal Delta-8 online and have it shipped directly to your door.

West Virginia Delta 8 THC Laws

West Virginia uses the same definition as federal legislation to legalize hemp and hemp products in the state. Hemp is defined as any cannabis material containing less than 0.3% Delta-9-THC, including cannabinoids, isomers, salts, salts of isomers, and all other extracts.

These laws also declare that THC’s found in hemp should not be taken into consideration when classifying a substance as a Controlled Substance. Thanks to these collective updates, Delta-8-THC is currently legal and accessible in West Virginia.

However, legislators are concerned with how accessible Delta-8 and similar psychoactive cannabinoids may be to minors, sparking interest in a Delta-8 ban. SB546, a senate bill currently waiting to be introduced, would effectively classify psychoactive compounds from hemp as Controlled Substances. If the bill passes, Delta-8 will be illegal in the state of West Virginia. 

Here is a snippet from the relevant bill:

HOUSE BILL 2694.

19-12E-3. Definitions.

(g) “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;

7 U.S. Code § 5940.Legitimacy of industrial hemp research

(2) Industrial hemp

The term “industrial hemp” means the plant Cannabis sativa L. and any part of such plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

(h) “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;

(j) “Marijuana” means all plant material from the genus cannabis containing more than one percent tetrahydrocannabinol or seeds of the genus capable of germination;

(l) “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.

Hemp plants at full bloom, just before harvested to make Delta-8-THC products.

Is Delta-8 a Controlled Substance in West Virginia?

West Virginia classifies THC, in some cases, as a Controlled Substance. However, the new hemp bill clarified the state’s stance on THC in hemp by adding the following statement: “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.”

Therefore, no, Delta-8-THC is not a Controlled Substance in West Virginia.

Delta 8 THC Possession Limits in West Virginia

West Virginia law does not specify any possession limits for hemp or hemp products, including Delta-8-THC.

Still, Delta-8 could be easily confused for Delta-9 THC by authorities without proper documentation and lab testing.

Basic lab testing checks only for tetrahydrocannabinol, meaning that extensive lab tests are needed to differentiate between Delta-8 content and Delta-9 content when proof of legal possession is needed.

Is Cannabis (Delta 9 THC) Legal in West Virginia?

West Virginia passed SB386 to legalize cannabis for medicinal use in 2017. Under this law, qualifying patients can access medical marijuana with a state-issued medical marijuana card.

However, adult use cannabis is still illegal in West Virginia. Cannabis possession is a misdemeanor charge in the state. The first offense is punishable by up to 6 months in jail and/or a fine reaching $1,000, and penalties may double for subsequent offenses.

Where to Buy Delta 8 in West Virginia?

A variety of vape pens filled with Delta-8-THC oil, a popular and legal dosing method in West Virginia.

West Virginia’s hemp market is wide open and scarcely regulated, as is most of the local market where Delta-8 is legal, including in VirginiaKentucky, and Ohio. That means you can likely find Delta-8-THC products in stores across the state, but the quality of these products may be in question.

It’s advisable to proceed with caution when choosing a Delta-8 distributor. While you can likely find various hemp products in local stores, there may be benefits to buying Delta-8 online. One reason is that you can buy directly from a brand or manufacturer, instead of purchasing through a third-party vendor that may not fully understand Delta-8 effects and uses or the laws surrounding Delta-8 products.

Is it Legal to Buy Delta-8-THC Online?

At Vida Optima, our Delta-8-THC products comply with all parameters of the Hemp Farming Act of 2018. That means they can be legally purchased online from any area where Delta-8 is legal. We can also help answer questions about Delta-8 before you buy, or you can read our “What is Delta-8-THC?” guide to learn everything you need to know.

Types of Delta-8 You Can Legally Buy in West Virginia

Unlike some states, West Virginia has no regulations regarding the types of Delta-8 products that can be sold. You may find a variety of Delta-8 products in the state, including:

Gummies

Delta-8 gummies are a popular, tasty dosing style that offers the convenience of pre-measured doses. Our Delta-8 edibles start at doses as low as 10 mg, so they may be useful for those who are just starting out with Delta-8.

Vape Carts

Delta-8 carts are a fast-acting, hard-hitting dosing style that's popular around beginners and advanced Delta-8 users. We offer multiple varieties, including a Hybrid, Sativa, and Indica vape cartridge.

Tinctures

Delta-8 tinctures are less popular, but they offer a few undeniable benefits, like fast acting, long last effects, and the ability to precisely measure your dose each time.

Do You Have to Be 21 to Buy Delta-8 in WV?

There are no state regulations that place age restrictions on the purchase of hemp-derived products. Retailers have the right to determine age limits for the purchase of Delta-8 products, but many retailers require consumers to be at least 21 years of age.

Is Delta-8-THC Legal by Federal Law?

Yes! According to the Hemp Farming Act of 2018, all hemp derivatives, cannabinoids, isomers, and other extracts (like Delta 8) are classified as "hemp" which is legal according to federal law.

Vida Optima Elev8 Candy

Is Delta 8 Legal in All 50 States?

Delta-8-THC is currently federally legal under the context of the Hemp Farming Act of 2018, but each state has the right to determine its own stance on tetrahydrocannabinols derived from hemp. Delta-8-THC is legal in West Virginia according to state law, but you should read more about Delta-8 laws by state to determine the legality in other areas.

Ready to shop for Delta-8 in West Virginia? Our Elev8 collection includes edibles, tinctures, vapes, and more that are Farm Bill compliant and legal in the U.S.

FAQ: Delta-8 in West Virginia

Is Delta-8 legal in West Virginia?

Yes, Delta-8 THC is legal in West Virginia. The state law permits the sale and use of Delta-8 THC products as long as they are derived from hemp and contain less than 0.3% Delta-9 THC on a dry weight basis.

Can you fly with Delta-8 to West Virginia?

You can legally travel with Delta-8 THC to West Virginia as long as the product complies with federal regulations, meaning it must contain less than 0.3% Delta-9 THC. However, always check the laws of the departure and destination states and follow TSA guidelines.

Which states is Delta-8 illegal in?

Delta-8 THC is illegal in several states, including Alaska, Colorado, Delaware, Hawaii, Idaho, Iowa, Montana, New York, North Dakota, Rhode Island, Utah, Vermont, and Washington.

Can you legally travel with Delta-8?

Yes, you can travel with Delta-8 THC products as long as they meet federal guidelines of containing less than 0.3% Delta-9 THC. It's important to verify the legality of Delta-8 in both the departure and destination states and comply with TSA regulations regarding carry-on and checked baggage.

Is Delta-11 legal in West Virginia?

Delta-11 THC is currently not explicitly regulated in West Virginia. However, given the state's laws on hemp-derived cannabinoids, it is likely treated similarly to Delta-8 THC, meaning it should be legal if derived from hemp and containing less than 0.3% Delta-9 THC. Always check the latest state laws and regulations for any updates.

Resources

  1. “H.R.5485 - Hemp Farming Act of 2018” https://www.congress.gov/bill/115th-congress/house-bill/5485
  2. “Drug Fact Sheet: K2/Spice” https://www.dea.gov/sites/default/files/2020-06/K2-spice-2020.pdf
  3. “MARINOL” https://www.accessdata.fda.gov/drugsatfda_docs/label/2006/018651s025s026lbl.pdf
  4. “House Bill 2694” http://www.wvlegislature.gov/Bill_Text_HTML/2019_SESSIONS/RS/bills/HB2694%20SUB%20ENR.pdf
  5. “Senate Bill 386” http://www.wvlegislature.gov/Bill_Status/bills_text.cfm?billdoc=sb386%20intr.htm&yr=2017&sesstype=RS&i=386
  6. “West Virginia Marijuana Laws” https://statelaws.findlaw.com/west-virginia-law/west-virginia-marijuana-laws.html

 


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