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Delta 8 THC in West Virginia: Is it legal?

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Delta 8 THC is a unique cannabinoid found in the hemp plant and over the years has been rapidly expanding in popularity nationwide with promising applications in both the medical and recreational fields. While Delta 8 THC might have some properties familiar to Delta 9 THC, the main chemical found in marijuana, it has completely different effects and less potency generally.

But is Delta 8 THC legal in West Virginia?

Related article: What is Delta 8 THC?

Yes, Delta 8 THC is legal in West Virginia

As of writing this 09/22/2021, Delta 8 THC is legal according to West Virginia state law. Like the federal law, West Virginia has legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than Delta 9 THC.

It would appear that West Virginia has adopted similar policies to those of Delta 8 THC in Pennsylvania and Delta 8 THC in Virginia. Keep an eye on the bills that are coming down the pipes to make sure it stays that way!

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Here is the bill:


§19-12E-3. Definitions.

(g) “Hemp” or “industrial hemp” means all parts and varieties of the plant Cannabis sativa L. and any part of the plant, including the seeds of the plant and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not with no greater than 0.3% tetrahydrocannabinol, or the THC concentration for hemp defined in 7 U.S.C. § 5940, whichever is greater;

7 U.S. Code § 5940.Legitimacy of industrial hemp research

(2) Industrial hemp - The term “industrial hemp” means the plant Cannabis sativa L. and any part of such plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

(h) “Hemp products” means all products derived from, or made by, processing hemp plants or plant parts, that are prepared in a form available for commercial sale;

(j) “Marijuana” means all plant material from the genus cannabis containing more than one percent tetrahydrocannabinol or seeds of the genus capable of germination;

(l) “THC” means tetrahydrocannabinol. Notwithstanding any other provision of this code to the contrary, the THC found in industrial hemp shall not be considered to be THC for the purposes of qualifying as a controlled substance.

(Full Bill)

Cannabis Policy in West Virginia

In April of 2017, a medical cannabis bill, SB 386, was signed by Gov. Jim Justice, making West Virginia the 29th state to pass a medical cannabis policy into law. With an overwhelming majority approving the bill, with the Senate voting 28-6 and the House 76-24, the citizens of West Virginia were soon excited with the idea of medical cannabis on the horizon.

Unfortunately, almost 3 years later patients are still not able to register to use or have any access to medical cannabis, as businesses haven’t even been officially licensed yet. A small update from the director of the state’s medical cannabis program is that he expects growers licenses to be finalized soon and the program could begin to serve patiences in Spring 2021.

Buy Delta 8 THC online in West Virginia

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