Is CBD Legal in West Virginia?

by Kat Austin December 30, 2024 7 min read

Is CBD Legal in West Virginia? - VO Inc

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.

Key Takeaways

  • CBD is legal in West Virginia, making it one of the first states to embrace hemp legalization, although there are very few regulations governing its safety and quality.
  • The state has no minimum age requirements or possession limits for CBD, but consumers under 21 may find it challenging to access CBD products in stores.
  • While doctors in West Virginia can recommend CBD, a prescription is not necessary, and many people prefer ordering CBD online for convenience; properly vetting brands can help ensure quality.

 

Legal Concerns About CBD

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.

Two CBD oil tinctures, a popular and legal form of CBD found in West Virginia.

Is CBD Legal in West Virginia?

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.

Are CBD gummies legal in West Virginia?

Yes, CBD gummies are legal in West Virginia—provided they are made from hemp containing less than 0.3% THC. The state places no additional restrictions on CBD-infused edibles, which means you can legally buy and enjoy gummies at local stores or online without a prescription or medical card.

However, because the market lacks strict oversight, quality and safety can vary widely. To protect yourself:

  • Buy from reputable brands that provide third-party lab test results (Certificates of Analysis or COAs)

  • Check the THC content to ensure it stays below the 0.3% legal limit

  • Look for clear ingredient labeling, including serving size and recommended dosage

Purchasing CBD gummies online can offer a broader selection, but always verify the brand’s testing and sourcing policies before you buy.

Can you buy CBD carts online in West Virginia?

Yes—you can legally purchase CBD vape cartridges (carts) online in West Virginia, provided they are derived from hemp and contain no more than 0.3% Δ⁹‑THC.

Federal law from the 2018 Farm Bill allows interstate shipping for compliant hemp products, and West Virginia’s state laws mirror this—hemp-derived CBD is legal and unregulated for consumers under its industrial hemp program.

That means:

  • No medical card or prescription is needed.

  • Online retailers based in-state or elsewhere can ship compliant CBD carts to your door.

  • However, product quality may vary—capsule your purchases from brands that publish third-party lab test results (COAs) to confirm THC levels and safety 

Top tips for buying online in WV:

  • Verify the cannabinoid profile in lab tests to ensure Δ⁹-THC is under 0.3%.

  • Check for contaminants (pesticides, solvents, heavy metals).

  • Read customer reviews and purchase from reputable vendors.

Is CBD flower legal in West Virginia?

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.

Does West Virginia have a CBD possession limit?

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.

Can doctors prescribe CBD in West Virginia?

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.

Where to buy CBD in West Virginia?

A person holding a handful of CBD capsules, a product available online and in stores in West Virginia.

CBD is widely available across West Virginia, thanks to the state’s relaxed regulations. You can find it in:

  • Grocery stores

  • Convenience shops

  • Health food markets

However, loose oversight means product quality can vary—so shopping smart is essential.

Why Buy CBD Online?

Buying directly from reputable online brands offers key advantages:

  • Better transparency: Access third-party lab reports and sourcing details

  • More variety: Oils, gummies, topicals, and other types of CBD products, including specialty products

  • Potential savings: Skip third-party markups—but beware of prices that seem too good to be true

For tips on finding trusted, high-quality products, visit our CBD Buyer’s Guide.

How old do you need to be to buy CBD in West Virginia?

There’s no official age requirement in state law, but most local stores and online brands require buyers to be at least 18. For products like Delta-8 or cannabis items, you need to be 21+.

Is CBD legal in all 50 states?

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.

FAQ - Is CBD Legal in WV?

Is CBD legal in West Virginia?

Yes, as long as it comes from hemp with less than 0.3% THC.

Is Delta-8 legal in West Virginia?

Yes, it’s legal under hemp laws but may be subject to future regulation.

Are CBD gummies legal in WV?

Yes, CBD-infused edibles like gummies are legal and widely available.

Is Delta-9 legal in West Virginia?

Delta-9 THC is only legal through the state’s medical cannabis program. Recreational use is still illegal.

Is THCA legal in West Virginia?

THCA products are legal if they are derived from hemp and contain less than 0.3% Delta-9 THC when tested post-decarboxylation.

Can anyone buy CBD in WV?

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.

Can I go to a dispensary without a card in WV?

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.

What states don't allow CBD?

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.

Are gummies legal in WV?

Yes, CBD gummies are legal in West Virginia. There are no specific laws prohibiting the sale or use of CBD-infused edibles, including gummies.

Is it legal to travel with edible 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.

What is the difference between Delta-8 and Delta-9?

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.

Resources

  1. “H.R.5485 - Hemp Farming Act of 2018” https://www.congress.gov/bill/115th-congress/house-bill/5485
  2. “SB 447” http://www.wvlegislature.gov/bill_status/bills_text.cfm?billdoc=SB447%20INTR.htm&yr=2002&sesstype=RS&i=447
  3. “HB 2694” http://www.wvlegislature.gov/Bill_Status/bills_text.cfm?billdoc=hb2694%20intr.htm&yr=2019&sesstype=RS&i=2694

 


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