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The 2018 Farm Bill legalized hemp nationally, allowing states to establish their own CBD regulations. So, is CBD legal in West Virginia?
Yes, CBD is legal in West Virginia, and the state has some of the most relaxed hemp CBD laws in the country, making it easy to find CBD oil in West Virginia. However, the market is poorly regulated, so it's essential to be cautious when purchasing.
For information on sourcing products like THCA flower in West Virginia or how to get a West Virginia hemp license, check out our detailed breakdown of West Virginia CBD laws before making a purchase.
Table of Contents
Legal Concerns About CBD
What are the CBD laws in West Virginia?
Is CBD flower legal in West Virginia?
Does West Virginia have a CBD possession limit?
Can doctors prescribe CBD in West Virginia?
Where to buy CBD in West Virginia?
How old do you need to be to buy CBD in West Virginia?
Is CBD legal in all 50 states?
Resources
Disclaimer: We’re always working to stay informed on the latest CBD 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.
CBD became federally legal in 2018 under the Hemp Farming Act, which removed industrial hemp and its derivatives from the Controlled Substances Act. However, legal CBD must come from hemp containing less than 0.3% THC.
Even after starting with legal hemp, manufacturers must ensure the final product also contains under 0.3% THC, as extraction can concentrate cannabinoids and increase THC levels. Since the CBD industry lacks strict regulations, it's important to verify third-party lab tests to confirm a product's legality.
Federal guidelines apply, but you must also follow your state's specific CBD regulations.
West Virginia legalized hemp in 2002 and now has some of the most relaxed hemp and CBD laws in the nation, allowing CBD derived from hemp with less than 0.3% THC to be cultivated, transported, and sold without stringent regulations or licensing requirements.
Here are the details:
In West Virginia, hemp was legalized and reclassified as a separate substance from marijuana in 2002, earlier than many states in the nation. This bill, SB 447, was a limited bill that defined hemp as cannabis with less than 1% THC and allowed the cultivation of hemp for research purposes.
In 2019, the state passed HB 2694, which redefined hemp to match federal definitions and updated hemp licensing and growing regulations in the state. Now, CBD is legal in West Virginia, provided it is derived from hemp, or cannabis material with less than 0.3% THC.
This bill reveals that West Virginia has some of the most relaxed hemp and CBD laws in the nation. While some states (see California, Hawaii, and Georgia) have laws that restrict certain types of CBD products, or outlaw CBD entirely, West Virginia does things differently.
In West Virginia, no license is required to transport, manufacture, possess, or sell hemp or CBD. CBD is not considered an adulterant, meaning it can legally be added to foods, beverages, and dietary supplements. There are no specific rules against any type of CBD products, including smokable products.
These lax hemp laws make it possible to access many different types of CBD products in the state, but they may pose a risk to consumers. The state requires certain growing, testing, and labelling standards to be met, but does not impose strict regulations to ensure product quality or purity.
Although some states have specifically banned smokable hemp products (see Texas, Iowa, North Carolina), West Virginia allows the sale of hemp flower that meet state regulations. CBD hemp flower sold in the state must be derived from a legal source and contain less than 0.3% THC.
West Virginia has no defined possession limits on legal CBD products. CBD products that contain over 0.3% THC may be classified as cannabis products, which are only accessible through the state’s medical marijuana program for qualifying patients.
In West Virginia, you do not need a prescription to access CBD products. In fact, doctors typically cannot “prescribe” CBD products that are sold over the counter, rather they may “recommend” them. Even in states like West Virginia where medical marijuana is legal, access usually requires a doctor’s recommendation, not a prescription.
CBD is still new, and only one CBD product has been approved by the FDA to date. This product, GW Pharmaceuticals’ Epidiolex, is designed to treat rare forms of childhood epilepsy. Aside from this product (which comes with stringent usage guidelines), many doctors are still learning about CBD. If you’re interested in the benefits of CBD, you may need to spark a conversation with your doctor.
In West Virginia, CBD is subject only to very loose regulations, which makes it easy for companies to grow and produce CBD products in the state. You may find CBD at a variety of local stores, like grocery markets, convenience stores, and health food stores.
However, the lack of regulations within the industry can be risky for consumers.
Buying CBD online is a suitable option for most consumers. When you buy CBD online directly from the brand, you get better oversight of the brand’s manufacturing practices. Looking at the brand’s hemp source and lab testing procedures can help ensure that the CBD products you choose are clean, potent, and meet legal guidelines.
Buying CBD directly from a brand instead of from a third-party market may also be less costly since you won’t have to pay the extra fees that are often tacked on by the middle man. Of course, premium CBD can be expensive to manufacture, so you should also be wary of products that offer low-ball prices.
Finally, buying CBD online may be the best way to access many different types of CBD. The most common type of CBD product is an oil tincture, but you can find a variety of CBD edibles, topicals, and other specialty products when you shop online.
For more information on how to find high-quality CBD products, check out our CBD Buyer’s Guide.
The legal age to buy CBD in West Virginia is unclear at both the state and federal levels, as there are no specific statewide regulations for CBD, unlike the 21-year age limit for legal cannabis products.
While some products, such as smokable hemp flower and CBD vaporizers, may not be suitable for all ages, many CBD brands allow customers aged 18 and older to order online.
To ensure compliance and accessibility, consumers should check individual seller policies, as the legal age for purchasing CBD can vary by jurisdiction within West Virginia.
Thanks to federal updates, CBD has the potential to be legal in every U.S. state. CBD is fully legal in West Virginia, but every state has different regulations regarding the manufacture and sale of CBD. Click here to find out where CBD is legal.
Yes, anyone can buy CBD in West Virginia, as there are no specific age restrictions for purchasing CBD products. However, individual sellers may set their own age limits, so it's important to check with the vendor.
Yes, you can go to a dispensary in West Virginia without a medical card, as recreational cannabis was legalized in the state. However, you must be at least 21 years old to purchase adult-use cannabis products.
While most states allow CBD, a few have restrictions or have not legalized it. States like Idaho, Nebraska, and South Dakota have had stricter regulations regarding CBD, so it's essential to check local laws.
Yes, CBD gummies are legal in West Virginia. There are no specific laws prohibiting the sale or use of CBD-infused edibles, including gummies.
Yes, it is generally legal to travel with CBD edible gummies, including those containing Delta-8 or Delta-9 THC, as long as they comply with state and federal laws regarding THC content (less than 0.3% for CBD products). However, it’s always best to check the regulations of the states you are traveling to.
Delta-8 and Delta-9 are both cannabinoids derived from the cannabis plant. Delta-9 THC is the primary psychoactive compound in marijuana, responsible for the "high" associated with cannabis use, while Delta-8 THC is a less potent derivative that may produce milder psychoactive effects. Delta-8 is often sought for its more subdued effects and is legal in some states where Delta-9 is not.
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