Delta-8 THC is not legal in West Virginia, after a 2023 bill classified synthetically-produced delta-8 as “contaminated” in the law.
The bill also introduces harsh penalties for people breaking this rule, and makes it clear that any intoxicating hemp-derived cannabinoid can only be sold or possessed by adults aged 21 or over.
However, despite all this, it appears that some sellers are still offering delta-8 THC in West Virginia, so it’s possible we’ll see some enforcement actions in the near future. Here’s what West Virginia law says about delta-8 THC.
Is Delta-8 THC Legal to Sell in West Virginia?
No, delta-8 THC isn’t legal to sell in West Virginia following the passage of Senate Bill (SB) 220.
Although West Virginia’s House Bill (HB) 2694 used the same definition of hemp as the 2018 Farm Bill (section §19-12E-3(g)/page 4, lines 15-19), which is generally considered to cover delta-8 THC, SB 220 makes it clear that delta-8 is illegal. The bill lists delta-8 THC as a “hemp-derived cannabinoid,” but defines this as a “naturally occurring non-synthetic substance” (section §19-12E-12(c)(6)). The bill also defines “non-naturally occurring derivative” (section §19-12E-12(c)(6)) as being “contaminated.”
Putting this all together, SB 220 essentially says that products with non-naturally produced delta-8 THC – which includes basically every product on the market – are contaminated, and makes it illegal to sell a contaminated hemp-derived cannabinoid product (section §19-12E-12(p)). In a nutshell, it is not legal to sell delta-8 THC products in the state.
RELATED: Where Is Delta-8 THC Legal? A State-by-State Guide
Can You Buy Delta-8 THC Products in West Virginia?
Despite the law banning delta-8 THC in West Virginia, products are still available from brick-and-mortar hemp stores in the state. Some sellers appear to claim that their delta-8 THC products are “natural” but this is frankly debatable at best. Enforcement actions in the future seem likely.
Are There Age Restrictions on Delta-8 THC Products?
If delta-8 THC was produced “naturally” and sold legally, it would be a “hemp-derived cannabinoid” under SB 220 and can only be sold to adults aged 21 or over (section §19-12E-12(q)).
Closing Thoughts: The Future for Delta-8 THC in West Virginia
West Virginia has now addressed delta-8 THC in its laws beyond the basics established by the 2018 Farm Bill, so it’s unlikely that major changes are on the horizon. The 2023 Farm Bill is more likely to also classify delta-8 THC as “synthetic” rather than affirm it as legal hemp.
The main hope in West Virginia is for the legalization of cannabis, which was proposed in 2023 but didn’t pass. If a legalization bill passes into law, the state may opt to control delta-8 THC sales through the adult-use market. However, if this doesn’t happen, it’s more likely that we’ll see cops enforcing SB 220’s rules than we’ll see the current delta-8 laws liberalized.