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West Virginia State Laws Regarding Delta 8 THC and Hemp CBD

Delta 8 THC Legal Status in West Virginia: Legal

Over the past few decades, several states have moved toward legalizing marijuana, with over two-thirds of states passing legislation for medical use and roughly a third allowing for recreational use. West Virginia falls into the first group.

In April 2017, SB 386 was signed into law by Governor Jim Justice. This bill allows patients with certain medical conditions, such as cancer, chronic pain, epilepsy, HIV/AIDS, and PTSD, to register with the Bureau of Health for medical marijuana cards and purchase medical marijuana.

Caregivers of patients with approved medical conditions may also register.

Approved forms of medical marijuana in West Virginia include pills, oils, flower, extracts for vaping, tinctures, dermal patches, and topical products like gels, creams, and ointments. Once the system for legally purchasing medical marijuana is up and running, patients will be allowed to possess a 30-day supply.

Recreational marijuana remains illegal in West Virginia. In the meantime, you may wonder about the status of hemp cannabidiol (CBD), cannabigerol (CBG), and Delta 8 tetrahydrocannabinol, which are legal at the federal level. Are these products legal to purchase and possess in West Virginia?

Is CBD Legal in West Virginia?

Although the 2018 Farm Bill legalized the cultivation, production, distribution, transportation, sale, and possession of hemp cannabis (containing 0.3% or less THC) and hemp products at the federal level, you might be surprised to learn that West Virginia has granted industrial hemp rights since the 2002 enactment of SB 447.

This bill limited THC content to less than 1%.

Since the 2018 Farm Bill passage, West Virginia now follows federal law in allowing for hemp cannabis and hemp products containing 0.3% or less THC. In 2018, the state established the West Virginia Industrial Hemp Development Act to grant citizens licenses to grow hemp cannabis.

This act was later amended through HB 2694 in 2019 to label hemp an agricultural commodity and position hemp-derived cannabinoids as legal substances. No license is required for those wishing to handle, sell, or possess hemp products.

What About CBG?

Because HB 2694 determined that hemp-derived cannabinoids are not controlled substances, CBG is considered legal in the state of West Virginia.

Is Delta 8 THC Legal in the State?

Special Offer on Delta 8 THC Flower

When cannabis laws like the 2018 Farm Bill specifically mention THC content, they’re understood to be referencing Delta 9 THC (unless otherwise stated), the cannabinoid responsible for the psychoactive effects of cannabis. However, this is just one of over 400 chemical compounds in cannabis, including over 100 cannabinoids.

Delta 8 THC is similar to Delta 9 in terms of chemical makeup and even effects. However, Delta 8 is less potent than Delta 9 and typically occurs in negligible amounts (less than 0.1%) in cannabis plants.

When Delta 8 THC is derived from hemp cannabis containing less than 0.3% Delta 9 THC, it is considered federally legal and legal in The Mountain State. This legality includes Delta 8 cigarettes, Delta 8 flower, Delta 8 gummies, and Delta 8 vapes.

Full Spectrum vs. Broad Spectrum Products

Full-spectrum hemp CBD contains all of the chemical compounds found naturally in the plant, including THC (albeit in amounts of 0.3% or less). Broad-spectrum products include everything but Delta 9 THC, and isolates are pure CBD, with no other cannabinoids, terpenes, flavonoids, or other chemical compounds.

All three product types are considered legal for sale and possession in West Virginia.

 

Best Places to Buy Delta 8 in West Virginia and Online

As you probably already know, shopping online is typically the fastest and most cost effective way get almost any product; including delta 8 THC products. Have the ability to buy directly from the brand, read reviews, take a look at third-party certificates of analysis (COA) tests, and compare products easily from the comfort of your home.

Unfortunately, there are some companies producing delta 8 THC through potentially unsafe methods or that are selling products with higher delta-9 content that is legally allowed. For example, some are using heavy metal reagents or doing a poor job at removing the (illegal) delta 9 THC content or harsh chemicals and acids from the final product.

To reduce your odds of coming into this type of problem, it is recommended to always buy from brands that display their third-party COA's – and this is the greatest benefits of buying online.

The benefits of ordering delta 8 THC online:

  • Get better online pricing and seasonal discounts
  • Easily read real customer product reviews & see third-party COA's
  • Convenience of ordering from the comfort of your home
  • Typically a better product selection with online shops
  • Products left on store shelves can expire if they there isn't a lot of store traffic

 What is the Difference Between Delta-9 THC & Delta-8? 

Some of the biggest confusion over cannabis products comes from Delta 8 THC and Delta 9 THC Gummies. While they’re more similar than different, there are important distinctions you should consider before buying.

We previously wrote a blog titled: "Delta 8 or Delta 9 Gummies: Which is Best for You?" that we would recommend reading. You will learn more detailed information on things to consider between the two cannabinoids.

Both Delta 8 and Delta 9 THC occur naturally within cannabis plants. Both create psychotropic effects in users called a “high.” And both are chemically very similar. In chemical terms, Delta 8 is an isomer of Delta 9, meaning it possesses the same elements but a different chemical structure.

That difference is important. The change in chemical structure causes the molecules to interact slightly differently in the body. Where Delta 9 slots perfectly into receptors in the endocannabinoid system, Delta 8 doesn’t fit as easily.

The chemical difference means that Delta 8 produces a less potent high. Delta 9 THC creates an intense and heady experience. It can make users feel euphoric, get the giggles, feel hungry, and become tired. Delta 8 creates effects that similar, but less potent.

The high Delta 8 produces is gentler and more clear-headed. It’s also less likely to lead to feelings of paranoia.

 

Do I Need a Medical Card in West Virginia to Order Delta 8 THC Products?


No, it is not necessary in West Virginia to have a medical card to purchase D8 products. It was derived from legal hemp — with less than 0.3% of THC — it falls under the same laws as CBD.

You can buy it without a medical license in all delta 8 THC legal states, including The Mountain State.

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