January 06, 2021 6 min read

A map showing West Virginia and surrounding states

The 2018 Farm Bill legalized hemp across the country, but it also gave every state the right to create laws and regulations regarding CBD products. Some states cracked down, banning CBD altogether, while others left the roads open for in-state and interstate CBD commerce.

So, is CBD legal in West Virginia? And if so, where can you find it?

Luckily, West Virginia has some of the most relaxed hemp CBD laws in the country, and CBD products are easy to find in stores all over the state. Still, the poorly regulated market has some caveats.

Check out our breakdown of West Virginia CBD laws before you buy hemp products in the state:

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

West Virginia was one of the first states in the country to legalize hemp. CBD is legal in the state.

There are very few hemp regulations in place in West Virginia, meaning CBD is highly-accessible but safety is poorly regulated.

The state also has no minimum age requirements or possession limits for CBD, but it may not be easy to access CBD in stores for consumers who are under 21.

Doctors in West Virginia may recommend CBD, but you don’t need a prescription to access it.

CBD may be accessible at a variety of locations in West Virginia, but many people order CBD online for convenience. Certain practices, like properly vetting your CBD brand, may reduce the risks of buying low-quality formulas.

Legal Concerns About CBD

It’s true that CBD gained its federal legal status in 2018. The Hemp Farming Act effectively removed industrial hemp and its natural derivatives (like cannabinoids) from the Controlled Substances Act.

But there’s a catch, and it complicates things:

Legal CBD products must come from industrial hemp.

This classification is designated to hemp material that meets a strict set of standards. The most significant is that it contains less than 0.3% THC on a dry weight basis. If CBD products are made from any cannabis strain that contains more than 0.3% THC, it is not a federally legal product.

That’s not all—

The final product must contain less than 0.3% THC, too.

That means that even if a brand starts with legal hemp material, they need to carry out careful manufacturing procedures to produce a legal end product. It’s possible for certain cannabinoids to be “concentrated” during the extraction process, leading to higher THC concentrations than in the original material. Proper manufacturing and careful testing need to be employed to avoid this issue.

Because there is very little regulation in the CBD industry, it’s important to evaluate a brand carefully before you buy. It can be hard to tell if a CBD product is made from a legal hemp source and meets the federal guidelines for legal hemp products. The best way to ensure that your CBD products are legal is by checking the third-party lab tests for cannabinoid potency.

Of course, these regulations only apply on a federal scale. You must also ensure that your products meet the standards laid out by federal guidelines and those set by your state.

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

What are the CBD laws in West Virginia?

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.

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.

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.

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

The legal age to buy CBD is unclear on state and federal levels. In theory, CBD should be accessible to people of all ages, especially since it gained its popularity as a treatment for various childhood illnesses. Of course, some products may not be suitable for people of all ages, like smokable hemp flower or CBD vaporizers.

In West Virginia, there are no statewide regulations regarding the legal age to buy CBD. Instead, these laws may vary by jurisdiction and are more heavily impacted by the seller. The state requires consumers purchasing legal cannabis products to be at least 21 years old, but it’s unclear if CBD falls under these same age restrictions.

Many CBD brands allow customers who are 18 or older to order online and will ship legal CBD products to West Virginia.

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.

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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