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Is CBD oil legal in West Virginia?

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Contents

  1. What is CBD?
  2. Why is CBD sometimes illegal?
  3. West Virginia CBD laws
  4. Where to buy CBD in West Virginia
  5. How to read CBD labels and packaging

CBD sourced from hemp is legal in West Virginia. Hemp was initially legalized in 2002 with the passage of Senate Bill 447 and defined hemp as cannabis with no more than 1% THC. The state passed the West Virginia Industrial Hemp Development Act in 2018, with the state updating its hemp licensing program in 2019. CBD sourced from cannabis is also legal for patients with qualifying medical conditions, following the West Virginia Medical Cannabis Act which was signed into law on April 19, 2017.

West Virginia has developed licensing procedures for hemp growers, processors, and sellers. CBD products derived from hemp can be found in retail shops and can be purchased without a license. CBD products derived from cannabis can only be purchased from licensed dispensaries by patients with written medical certification.

What is CBD?

CBD stands for cannabidiol. It is a non-intoxicating cannabinoid found in cannabis. Cannabidiol is the second-most abundant cannabinoid in the plant after tetrahydrocannabinol (THC). It has many potential therapeutic benefits, including anti-inflammatory, analgesic, anti-anxiety, and seizure-suppressant properties. CBD can be sourced from both marijuana and hemp plants.

Combine THC and CBD to fully employ the entourage effect.

CBD stands for cannabidiol, a non-intoxicating substance found in cannabis. Photo by: Gina Coleman/Weedmaps

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Why is CBD sometimes illegal?

All types of cannabis, including hemp strains that don’t produce enough THC to cause intoxication, were considered illegal under the Federal Controlled Substances Act of 1970. The law categorized all cannabis as Schedule I, which defined the plant as a highly addictive substance with a high potential for abuse and no accepted medical use.

The Hemp Farming Act of 2018 re-classified hemp as an agricultural commodity, and made its cultivation federally legal. Further, the act removed some forms of cannabis from Schedule I status by creating a legal distinction between hemp and marijuana. Hemp is cannabis with less than .3% THC, and marijuana refers to cannabis with more than .3% THC. This distinction in federal law effectively legalized CBD that is derived from cannabis with less than .3% THC, as long as it’s been cultivated according to federal and state regulations.

The 2018 Hemp Farm Bill legislation does not mean that CBD derived from hemp is universally legal throughout the United States. According to the Farm Bill, the Food and Drug Administration (FDA) has the power to regulate CBD product labeling, including therapeutic claims and the use of CBD as a food additive. The FDA has already maintained that even hemp-derived CBD may not legally be added to food and beverages, or marketed as a dietary supplement.Although the organization has begun to re-evaluate some of these stances on legal CBD products, the FDA has not revised its regulations. The agency also has been strict in its stance against any labeling that could be perceived as a medical claim about CBD.

In addition to federal regulation of CBD, the Farm Bill also gave states the option to regulate and prohibit the cultivation and commerce of CBD. States may also regulate CBD in food, beverages, dietary supplements, and cosmetic products independently, even before the FDA finalizes its policies. West Virginia is one such state, permitting the sale of CBD in foods, personal care items, and cosmetics.

West Virginia CBD laws

In 2018, the West Virginia Legislature legalized the cultivation of hemp for industrial purposes with the West Virginia Industrial Hemp Development Act. After the 2018 U.S. Farm Bill was passed into law, West Virginia updated its legislature surrounding the cultivation, processing, and sale of hemp-derived products, such as CBD. House Bill 2694 was passed in April 2019 to clarify rules on hemp licensing requirements, and the handling and transportation of industrial hemp.

The bill clearly states that:

  • Hemp with no more than .3% THC is an agricultural commodity.
  • No license is required to possess, handle, transport, or sell hemp-derived cannabinoids such as CBD.
  • CBD derived from hemp is not a controlled substance or adulterant.
  • Products containing CBD that are intended for consumption are to be considered foods, not controlled substances.

Unlike some states, West Virginia allows hemp and CBD products from out-of-state to be sold, on the provision that the hemp has been produced in a manner consistent with state laws.

CBD products sourced from cannabis became available by prescription to those with qualifying medical conditions in West Virginia. Photo by: Gina Coleman/Weedmaps

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Following Senate Bill 386, which passed in April of 2017, CBD products sourced from cannabis became available by prescription to those with qualifying medical conditions with a physician’s recommendation.

Licensing requirements for CBD

Licensing guidelines for CBD can be found in House Bill 2694. Hemp growers and processors must apply to the agricultural commissioner for a license on a form provided by the commissioner. Licenses that are granted are valid until December 31 of the year in which they are approved. Those who apply for a license are subject to federal and state background checks.

Once a license has been granted, licensees must provide documentation that the seeds planted contain no more than .3% THC. They must also provide the geographical coordinates of the land where they will be growing industrial hemp.

Those who cultivate hemp with more than .3% THC, or violate other provisions of the law three times within five years, will be banned from growing or processing hemp for five years. Intentional violation of the regulations may result in the grower being turned over to local law enforcement.

West Virginia CBD possession limits

There are no possession limits for CBD derived from industrial hemp at this time.

In West Virginia, there are no possession limits for CBD derived from industrial hemp at this time, but there are possession limits for CBD derived from marijuana. Photo by: Gina Coleman/Weedmaps

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There are possession limits for CBD derived from marijuana. Approved patients are permitted to possess a thirty-day supply of cannabis-infused products, such as CBD in the form of tinctures, oils, pills, topicals, forms of vaporization and nebulization, excluding dry leaf plant.

For those not enrolled in the medical cannabis program, possession of any quantity of CBD products derived from cannabis is treated as a misdemeanor and may result in a prison sentence of a minimum of 90 days, up to 6 months. They will also result in a maximum fine of $1000.

Where to buy CBD in West Virginia

West Virginia has several CBD-specific storefronts where hemp-derived CBD can be purchased. Local pharmacies, grocers, and health food stores may also sell CBD products. More locations will likely carry CBD products as hemp production in the state ramps up.

CBD derived from marijuana is only available from a licensed dispensary.

Shopping online for CBD represents another option for purchase. Consumers can shop from a wide variety of online outlets for CBD products, read consumer reviews, and ship purchases to their homes. Online shopping also offers the ability to gather detailed information about each product, compare different products and product types, and compare products to find the best price. CBD brands often also have their own ecommerce shop, allowing you to purchase your desired CBD products straight from the source. Find out more about where to purchase CBD on Weedmaps.

How to read CBD labels and packaging

The 2018 Farm Bill shifted the oversight of hemp and hemp-derived products from the U.S. Department of Justice (DOJ) to the U.S. Food and Drug Administration (FDA). The FDA currently does not presently allow CBD-infused food, drinks, or dietary supplements to be sold, and hasn’t yet provided regulations for hemp-derived CBD products.

Still, the agency warns that regulations in flux still require companies to make legitimate claims on their labels. Buyers should nonetheless approach CBD products with caution. Most reputable CBD producers typically include the following information on their CBD product labels:

  • Amount of active CBD per serving.
  • Supplement Fact panel, including other ingredients.
  • Net weight.
  • Manufacturer or distributor name.
  • Suggested use.
  • Full-spectrum, broad-spectrum, or isolate.
  • Batch or date code.

One of the most important things to pay attention to is whether a CBD product is full-spectrum, broad-spectrum, or isolate.

Full-spectrum means that the CBD has been extracted from a hemp plant along with all other cannabinoids and terpenes, including whatever trace amounts of THC the plant may have produced. Consuming full-spectrum CBD may yield better results thanks to the entourage effect, a phenomenon in which the mixture of cannabinoids and terpenes work together to produce a more pleasant experience.

Broad-spectrum means that the product contains CBD and terpenes, but has undergone additional processes to strip out any THC.

Finally, isolate is a product that has gone through more intensive processing to remove all compounds except for CBD. Consuming isolate may produce different effects than full-spectrum or broad-spectrum CBD, as these products do not produce the entourage effect.

Is CBD oil legal in West Virginia? Copy article link to clipboard. Link copied to clipboard. Contents What is CBD? Why is CBD sometimes illegal? West Virginia CBD laws

Is CBD Legal In West Virginia?

Posted on December 26th, 2020

CBD has gained legal status in almost all parts of the United States in the past few years. If you wonder “is CBD legal in West Virginia,” we got the answer for you right here. The answer to that question is a resounding ‘Yes.’ Hemp-derived CBD products are legal in West Virginia as long as the product has less than 0.3% THC – the chemical compound in cannabis that makes a person high. The Senate Bill 447 of 2002 legalized hemp that has no more than 1% THC by weight. The Medical Cannabis Act of West Virginia – April 2017 – legalized CBD derived from cannabis for qualifying medical conditions. CBD has numerous therapeutic purposes and has become popular across the nation within the past few years. This article answers the question of – “Is CBD legal in West Virginia?”

So, Is CBD Legal In West Virginia Today?

West Virginia began a licensing program to regulate the cultivation, possession, and transportation of marijuana-derived CBD products. You can purchase the product from licensed dispensaries across the state. Marijuana-derived CBD is available only for medical patients who have a valid prescription from a doctor. On the other hand, hemp-derived CBD is freely available across the state and doesn’t need a license or prescription to purchase. You will find hemp-derived CBD in most of the retail shops in the state.

The difference between marijuana-derived CBD and hemp-derived CBD is the THC content in the product. Marijuana-derived CBD has more than 0.3% THC and is illegal other than for medical purposes. One needs a license and a prescription from a doctor to buy this product. Hemp-derived CBD has less than 0.3% THC and doesn’t make a person high. Hence, the product is freely available in the state and doesn’t require a license or prescription.

CBD Laws In West Virginia

The West Virginia Industrial Hemp Development Act came into effect in 2018 and allows the growth and processing of industrial hemp in the state. Soon after the state act, the US Farm Bill became law across the nation. The state laws got the required updates afterward. With the US Farm Bill, WV revised CBD laws and legalized the cultivation, distribution, transportation, and use of hemp-derived CBD products in the state. HB 2694 passed in April 2019. This bill clarifies hemp-related rules in the state. It defines the regulations on cultivation, licensing, possession, transportation, and shipping industrial hemp. Here are some highlights of the bill:

  • Hemp with less than 0.3% THC by weight classifies as an agricultural commodity in the state. The cultivation, distribution, possession, and handling of hemp-derived CBD don’t require a license.
  • West Virginia allows out of state trading of hemp and hemp-derived CBD products. But the cultivation and processing of these products should abide by the state laws.
  • Hemp-derived CBD products are no longer a part of the list of controlled or adulterated substances. Edible products that include hemp-derived CBD are re-classified as foodstuffs and beverages.
West Virginia’s Possession Laws Regarding CBD

Bill 386 of April 2017 legalizes marijuana-derived CBD only for medical purposes. Only a patient with a qualifying medical condition can purchase such a product with a prescription from a qualified medical practitioner.

There is no possession limit for hemp-derived CBD products in West Virginia. On the other hand, Marijuana-derived products do have a possession limit. No ordinary person can purchase marijuana-derived products without medical approval. A qualified patient can only purchase a 30-day supply of marijuana-derived CBD in the form of oils, tinctures, topicals, nebulizers, and vapors. They cannot purchase dry leaf plants. Possessing marijuana-derived products without a valid license is a crime in West Virginia. The possession of marijuana-based products in any amount without a license is considered a misdemeanor in the state and is punishable by jail time of not less than 90 days, nor more than six months, and fined $1,000.

On the other hand, the sale and distribution of any amount of marijuana is a felony in West Virginia. The punishment includes a jail term between 1 to 5 years and a $15,000 fine. Transporting the substance is also a crime and is punishable.

What Is CBD?

Cannabidiol or CBD is a non-intoxicating chemical compound naturally occurring in the cannabis plant. CBD is the second-most prevalent compound in the plant behind THC. THC is the most pervasive compound but has psychoactive properties to make a person high when consumed. The latest research on CBD indicates it might have many health benefits. CBD seems to be a highly effective anti-inflammatory, anti-bacterial, neuro-protectant, analgesic, muscle-relaxing, anti-seizure, and stress-relieving product. The most crucial feature of CBD is its non-psychoactive properties. That’s why hemp-derived CBD products are legal in almost all states in the U.S. Hemp-derived CBD has a lower THC content, which is below 0.3%. Hemp-derived CBD products won’t get you high like marijuana-derived products. That’s why doctors prescribe these products to adults, children, and seniors. They are even available as commercial pet products for you to give to your pets.

CBD products don’t have side effects similar to many prescription compounds on the market today. CBD is a 100% natural compound that helps manages many different conditions without notable side effects. That’s why high-quality CBD products are all the rage right now.

Licensing Requirements In West Virginia

A licensing program regulates hemp cultivation in the state. HB 2694 includes all the licensing guidelines. Here are some points that you need to know:

  • The agriculture commissioner is responsible for issuing all licenses in the state. All cultivators and processors of hemp should apply for the license by filling a form available at the commissioner’s office. The license expires on the 31st of December every year and, thus, requires renewal.
  • Every candidate who applies for the program submits to background checks by the state and federal authorities. Individuals previously convicted of crimes relating to substance abuse in the past will not get a license regardless of how many times they apply.
  • Once a person receives a license and starts cultivating industrial hemp, they should submit relevant documentation containing the chemical composition of the plant extractions. Industrial hemp used to extract CBD products should have less than 0.3% THC by weight. The licensee should also produce a complete map of the land where they plan to cultivate the crop.
  • They will revoke your license for violating the rules and regulations laid down by the agriculture department. No licensee can grow hemp with more than 0.3% THC. It’s a violation of rules and may result in the revocation of your license. Any person violating the rules three times within five years will be subjected to a censor. The punishment may include the revocation of license and barred from cultivating industrial hemp for the next five years.

Why Should You Buy CBD Products Online?

The best place to buy CBD products in West Virginia is online. Online retailers offer a wide selection of products to choose from. If you buy the product from a local retailer, the selection of products is significantly limited to the ones the shop is able to source locally. But there are some products that are of the highest quality but not yet widely available in West Virginia’s CBD stores. You might just miss the chance to get them if you don’t shop for CBD products online.

The convenience and low prices are the other reasons for buying CBD online. You can order the product at any time of the day or night at your own convenience. Online retailers sell products at low prices because they don’t have the many overheads local retailers have to deal with. A local retailer has to pay rent, staff salaries, and other expenses to maintain the local shop. But an online retailer doesn’t, and that will reflect on the price tag. That’s why online buying CBD products is a much better option compared to buying from your local retailer.

The most important thing to check is the chemical analysis of the CBD product before you buy it. The product should contain less than 0.3% THC; otherwise, you will fall into trouble with law enforcement. A reliable manufacturer will invest in testing their products at a third-party laboratory in West Virginia before advertising them. They will display the test results on the package of the product and their website for any customer to see. These are essential things to consider when choosing the best CBD product in West Virginia.

Is CBD legal in West Virginia? – The Takeaway

Were you wondering if CBD is legal in West Virginia? If so, now you know the answer. CBD products are legal in the state as long as they are sourced from hemp and contain less than 0.3% THC.

Marijuana-derived CBD has more than 0.3% THC and requires a license to purchase. Also, such products are only for medical purposes and need a prescription from a qualified healthcare provider in the state. Make sure you are well aware of CBD laws in West Virginia when buying CBD products online. Hope this read has made clear to you that there are better and safer ways to buy CBD products in the state of West Virginia.

There are more than a couple of legal regulations placed for the legal purchasing of CBD in the state of West Virginia. We'll tell you which they are.