Is CBD oil legal in West Virginia?
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- What is CBD?
- Why is CBD sometimes illegal?
- West Virginia CBD laws
- Where to buy CBD in West Virginia
- 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
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
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
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
Best CBD Oil in West Virginia
The Best Places to Buy CBD in West Virginia
CBD is one of the fastest-growing health and wellness products on the market, with shops popping up in all 50 states and online retailers selling wholesale premium CBD products. In all, hemp-derived CBD contributes to an industry with $500 million in annual imports, and most experts predict the market to continue expand with additional legislation, medical research, and consumers learning more about the many health benefits of cannabidiol.
While West Virginia has brick-and-mortar CBD shops that we’ll highlight below, many CBD users in West Virginia choose to purchase products online, which features several advantages. First, selection: online retailers generally offer an extensive range of high-quality CBD oils, edibles, tinctures, juices, and other products in multiple grades to accommodate experienced CBD users and CBD novices. Second, online CBD retailers tend to have wholesale prices, which means premium, affordable CBD. And finally, ordering online gets your CBD delivered straight to your door, turning CBD shopping into a streamlined and convenient experience.
Next, let’s review CBD’s legal status in West Virginia.
Is CBD Legal in West Virginia?
Governor Jim Justice signed SB 386 into law in April of 2017. This law established a comprehensive medical cannabis program that would guarantee access and protected use of medical marijuana for any patient that was diagnosed with a qualifying condition. Possession and recreational use of marijuana remain illegal, and this includes marijuana-derived CBD. However, marijuana-derived CBD does fall under the terms of SB 386 for those of you who are eligible for a license and can obtain a prescription from your doctor. The law is still taking shape in the state, though, so there is progress being made.
Industrial hemp in West Virginia began its path to legality as far back as 2002. Commercial hemp has been legal to grow, harvest, possess, and process since that time. Further legislation paved the way for the expansion of industrial hemp in the state and West Virginia passed the Industrial Hemp Development Act in 2018. Hemp-derived CBD is legal for medicinal and recreational possession and use in the state and has been since the first Farm Bill in 2014. Additionally, in April of 2019, the governor signed a bill modifying the state’s hemp program, ensuring that CBD is explicitly legal.
What Is CBD?
So what is CBD? One of over 85 cannabinoids in the cannabis plant, CBD distinguishes itself on one important point: it doesn’t get you high. With only trace amounts of THC, CBD is a non-psychotropic that offers a safe alternative to other cannabis products, plus a growing list of major health benefits.
In particular, CBD affects the oft-overlooked endocannabinoid system, which controls everyday functions like sleep, mood, appetite, hormone regulation, and pain. And yet academic research suggests we’re only beginning to understand CBD’s biggest health advantages: general anxiety disorders, chronic pain, schizophrenia, cardiovascular disease, epilepsy, Alzheimer’s disease, and ALS all might be reduced, mitigated, or prevented via CBD usage, according to evidence by top medical studies.
The more we learn about CBD’s potential health benefits, the more we’ll learn how to use it to reduce risks for everything from insomnia to depression to cancer.
CBD Oil Shops in Charles Town
Charlies Too (835 E Washington St, Charles Town, WV 25438) sells high-quality CBD liquids in 20 flavors. You’ll also find vape products, accessories, and an oxygen bar. Prices are always affordable, and the service is delivered by a friendly, knowledgeable staff that’s eager to help you navigate the store’s extensive selection.
CBD Oil Shops in Martinsburg
Opened in 1992, Eclipse 4922 (Williamsport Pike, Martinsburg, WV 25404) has been one of the tri-state’s most trusted smoke shops for over 25 years. With a 3,000 square foot space, Eclipse’s wall-to-wall selection includes hand blown pipes, Kratom products, and an variety of hemp-derived CBD products. Open seven days a week, 11AM-7PM.
CBD Oil Shops in Morgantown
Morgantown is home to several vape shops which might have CBD products in stock: Smokers Emporium (4151 University Town Ctr Dr, Morgantown, WV 26501); The Vapor Room (732 Beechurst Ave, Morgantown, WV 26505); and AVAIL Vapor (412 Suncrest Town Ctr, Morgantown, WV 26505). All shops have at least 4-star ratings, and feature affordable prices and quality service.
CBD Oil Shops in Charleston
Charleston residents looking to buy CBD products should check in on Vapor Mall (502 W Washington St, Charleston, WV 25302); Capitol City Vapors (4002 Maccorkle Ave E Charleston, Kanawha City, WV 25304); and Full Steam Vapor, with two locations (3999 Teays Valley Rd, Hurricane, WV 2552; and (5252 US Route 60 E, Huntington, WV 25705).
CBD Oil Shops in Huntington
Huntington has about a half-dozen vape shops in the area, including Select A Vapor (3476 U S 60 Barboursville, WV 25504), Madvapes (3476 Route 60 East, Barboursville, WV 25504), and several across the border in Ohio and Kentucky which may carry CBD oil products.
You can also find CBD Products online and have them shipped to you!
Best CBD Oil in West Virginia The Best Places to Buy CBD in West Virginia CBD is one of the fastest-growing health and wellness products on the market, with shops popping up in all 50 states