February 22, 2021 6 min read

The 2018 Farm Bill officially legalized hemp, and subsequently Delta-8-THC, across the nation. Of course, every state governs their own hemp laws, and hemp products aren’t always accessible in every state. Is Delta-8-THC legal in West Virginia? And if so, where can you buy it?

Thankfully, West Virginia is one of many states that has updated legislation to legalize hemp on a broad scale. Delta-8-THC is legal in the state, but you should still familiarize yourself with West Virginia’s Delta-8 laws before you buy:

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.

Table of Contents
Delta-8-THC and Federal Laws
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 is a cannabinoid derived from legal hemp, and is therefore legal according to federal legislation.
  • West Virginia legalized hemp using a definition that is nearly identical to the one used by federal legislation. Delta-8-THC is both legal and accessible in West Virginia, but may not be well regulated yet.
  • 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 generally need to be at least 21 years old to purchase Delta-8-THC products made from hemp. 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.

Delta 8 THC and Federal Laws

Delta 8's federal status is confusing at first glance. Technically, Delta-8-THC has been listed as a Schedule I substance alongside Delta-9-THC for well over a decade.

More recently, however, the Hemp Farming Act of 2018 was signed into law. Under this legislation, hemp containing less than 0.3% Delta-9-THC became legal, as did any cannabinoids, extracts, or isomers derived from the legal hemp material.

In fact, Section 12619b of the 2018 Hemp Farming Act specifically addresses tetrahydrocannabinols in hemp. By extension of this new law, Delta-8-THC was legal, or so it seemed.

Here's the catch:

Most of the legal Delta-8 products on the market are made by "synthesizing" CBD. While federal hemp legislation currently allows the production and sale of naturally derived cannabinoids, it specifically prohibits all synthesized cannabinoids.

So where does this put Delta-8-THC, considering it is both a naturally occurring cannabinoid and can be synthesized from legal CBD?

To understand, you need to take a look at the method used to turn CBD into Delta 8, which is vastly different from the complex process that is generally used to create synthetic cannabinoids.

The conversion process between CBD and Delta 8 relies on a transfer of isomers, a process called isomerization, between the two cannabinoids. This means that Delta-8-THC technically exists as a hemp "isomer," which is covered by hemp's legal definition according to the 2018 law.

In other words, Delta-8 is made from hemp and considered to be a naturally occurring part of the hemp plant.

The types of cannabinoids that the DEA typically carve out as “synthetic” are liquid agents that are frequently applied to plant material, like K2 and Spice. Legal forms of synthetic cannabinoids, such as Marinol, also exist as prescription pharmaceuticals. Unlike Delta-8-THC, these substances are purely synthetic and made in a lab without the use of plant material.

Of course, laws regarding cannabinoids are still subject to change as hemp regulations are ironed out by both the DEA and FDA. For now, Delta 8 maintains a federally legal status, but state laws still may pose limitations on Delta-8-THC access.

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

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.

The new 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 legal and accessible in 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.

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 Virginia, Kentucky, 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.

At Bloom Society, our Delta-8-THC products comply with all parameters of the Hemp Farming Act of 2018. 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.

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

There are no state regulations that place age restriction 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 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 their 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.

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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