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Delta-8 and Hemp THC Laws in West Virginia

How West Virginia law treats delta-8 and hemp thc products, from the state code and official state agencies.

Short answer: Regulated, adults 21 and older only. West Virginia's Select Plant-Based Derivatives Regulation Act covers naturally occurring 'hemp-derived cannabinoids': delta-9 THC at no more than 0.3 percent on a dry weight basis, delta-8 THC, delta-10 THC, HHC, THCp and THCv. W. Va. Code § 19-12E-12(b)-(d), (f), (i), (m), (q), (r)

Delta-8 and hemp THC productsRegulated, adults 21 and older only. West Virginia's Select Plant-Based Derivatives Regulation Act covers naturally occurring 'hemp-derived cannabinoids': delta-9 THC at no more than 0.3 percent on a dry weight basis, delta-8 THC, delta-10 THC, HHC, THCp and THCv. Anyone who makes, processes, distributes or sells these products needs a permit from the Commissioner of Agriculture, products and labels must be approved, and retail sales carry an 11 percent privilege tax. Selling without a permit is a misdemeanor (up to 1 year in jail and/or $1,000), with a felony for repeat violations; knowingly selling to a person under 21 is a felony (1 to 5 years and/or up to $5,000); and a person under 21 who possesses these products commits a misdemeanor (up to 1 year and/or $1,000), with later violations a felony (1 to 3 years and/or up to $5,000). Enacted 2023 (SB 220) and amended 2024 (SB 679).
Bill history (2023 SB220, 2024 SB679) from the code site's 'Bill History' list for this section. THCa is not named in the statute's list.
Source: W. Va. Code § 19-12E-12(b)-(d), (f), (i), (m), (q), (r)

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FAQ

Is delta-8 legal in West Virginia?
Regulated, adults 21 and older only. West Virginia's Select Plant-Based Derivatives Regulation Act covers naturally occurring 'hemp-derived cannabinoids': delta-9 THC at no more than 0.3 percent on a dry weight basis, delta-8 THC, delta-10 THC, HHC, THCp and THCv. Anyone who makes, processes, distributes or sells these products needs a permit from the Commissioner of Agriculture, products and labels must be approved, and retail sales carry an 11 percent privilege tax. Selling without a permit is a misdemeanor (up to 1 year in jail and/or $1,000), with a felony for repeat violations; knowingly selling to a person under 21 is a felony (1 to 5 years and/or up to $5,000); and a person under 21 who possesses these products commits a misdemeanor (up to 1 year and/or $1,000), with later violations a felony (1 to 3 years and/or up to $5,000). Enacted 2023 (SB 220) and amended 2024 (SB 679).

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.