Is CBD Oil Legal in West Virginia?


Is CBD Oil Legal in West Virginia?

Yes, CBD (cannabidiol) oil is legal in West Virginia. The Industrial Hemp Development Act allows hemp production and processing of hemp-derived CBD oil. Hemp derivatives, including CBD oil, are permitted in the state, provided the THC potency is not more than 0.3%. Also, marijuana-derived CBD oil is legal for eligible patients under the West Virginia Medical Cannabis Act. Registered patients must have a state-issued medical marijuana ID to purchase CBD oil containing higher concentrations of THC (tetrahydrocannabinol) in West Virginia.

What are West Virginia CBD Laws in 2024?

West Virginia Governor signed Senate Bill 386 in 2017 to allow patients with serious medical conditions to purchase all forms of marijuana products, including high-THC CBD oil. The bill created the Office of Medical Cannabis (OMC) to provide licenses to marijuana establishments and register medical patients. Patients under 18 years can also have access to marijuana-derived CBD oil through parents or legal guardians who register as designated caregivers. Marijuana-based CBD products legal under the West Virginia Medical Cannabis Act include tinctures, pills, topicals, and dermal patches.

Hemp-based CBD products became legal across the U.S. under the 2018 Agricultural Improvement Act (the 2018 Farm Act). The 2018 Farm Act defines hemp as cannabis products containing not more than 0.3% THC. Such hemp products, including CBD oil, have been delisted from the controlled substance schedules. The federal hemp law also allows states, including West Virginia, to create state hemp programs with approved plans by the United States Department of Agriculture (USDA).

In response to the federal law, West Virginia lawmakers passed Senate Bill 475 in 2018 to create the Industrial Hemp Development Act. According to the state hemp law, hemp producers must obtain licenses from the West Virginia Department of Agriculture (WVDA) before producing hemp products. Since hemp is legal under federal and state laws, West Virginia residents may transport hemp-derived CBD products containing no more than 0.3% THC across state lines.

What are West Virginia CBD Possession Limits?

West Virginia residents can possess any amount of hemp-derived CBD products containing 0.3% THC or less. However, the state's medical cannabis law permits possession of up to a 30-day supply of marijuana-based CBD products for registered patients and caregivers. Recreational marijuana is illegal in West Virginia, and possessing marijuana-derived CBD products without medical cannabis cards is a misdemeanor offense. Offenders may face at least 90 days jail sentence and up to a $1,000 fine.

Can Doctors Prescribe CBD Oil in West Virginia?

Hemp-derived CBD oil does not require a physician's recommendation. However, to purchase CBD oil containing more than 0.3% THC, eligible patients in West Virginia must obtain medical certifications from OMC-approved physicians. It is illegal for non-patients to possess marijuana CBD products in West Virginia.

How Old Do You Have to Be to Buy CBD in West Virginia?

All forms of hemp-based CBD products are available to West Virginia residents regardless of age. Meanwhile, patients must be 18 or older to access medical cannabis products in licensed marijuana dispensaries on their own. Patients younger than 18 must designate caregivers to help them purchase marijuana-derived CBD products.

What are the Licensing Requirements for CBD in West Virginia?

Hemp cultivators, processors, distributors, and retailers in West Virginia must obtain licenses from the state’s Department of Agriculture (WVDA). On the other hand, the Office of Medical Cannabis (OMC) provides permits to marijuana CBD producers and dispensaries.

Individuals must complete the Hemp Cultivation and Processing Application Form to grow and process hemp for CBD. They must also include the following documents to describe each grow, storage, or processing site fully:

  • Completed and signed copies of Attachment A (for growers) or Attachment B (for hemp processors). Both attachments are available under the hemp application form
  • Map showing an aerial view photograph of the grow or processing area. The GPS information for the production sites must be indicated under the attachments
  • Property deeds with the owner's name
  • Background checks from the West Virginia State Police and FBI for first-time applicants

The application fee for each grow or processing site is $100, payable by check or money order addressed to the West Virginia Department of Agriculture. Applicants should mail the completed documents together with the appropriate fees to the following address:

West Virginia Department of Agriculture

Attn: Mike Arnold

Plant Industries Division, WVDA

1900 Kanawha Boulevard, East

Charleston, WV 25305

The WVDA also provides separate licenses for hemp product manufacturers and retailers. Hemp manufacturers should complete the Manufacturer Form, while retailers/distributors must complete the Seller/Distributor Form. Completed forms and required documents should be sent to:

West Virginia Department of Agriculture

Attn: Administrative Services Division

1900 Kanawha Boulevard, East

Charleston, WV 25305-0170

Licensed hemp producers must comply with the packaging and labeling rules in the West Virginia Hemp Products Guide. Meanwhile, medical cannabis-derived CBD products must be packaged in compliance with OMC Dispensaries Rules.

Where to Buy CBD in West Virginia?

Hemp-derived products are available only at retail stores licensed by the WV Department of Agriculture. Some licensed hemp retailers provide CBD products (containing 0.3% THC or less) through online stores. Since hemp is legal in the US, West Virginia residents can also purchase hemp CBD products from out-of-state retailers. On the other hand, registered patients and caregivers can buy medical CBD products at OMC-approved dispensaries.

What is CBD Oil?

CBD oil is a product derived from the cannabis plant that contains cannabidiol (CBD), a non-intoxicating compound known for its potential therapeutic benefits. Consumers often use CBD oil for relaxation, pain management, and anxiety reduction without the THC's psychoactive effects. CBD and THC are both compounds found in hemp and marijuana plants. However, CBD does not produce a "high" effect, while THC is the psychoactive component responsible for the intoxicating effects of marijuana.

CBD oil can be derived from hemp or marijuana. Legal in West Virginia, hemp-derived CBD oil typically contains no more than 0.3% THC. On the other hand, marijuana-CBD oil has higher concentrations of THC, resulting in psychoactive effects such as euphoria, impairment, and increased appetite. Besides CBD oil, hemp-based CBD products are available in other forms, including tinctures, capsules, edibles, topicals, and vape liquids.

What Does CBD Do?

When consumed, CBD binds to cannabinoid receptors in the body, primarily CB1 and CB2 receptors, and influences their activity. It also affects other receptors and neurotransmitters in the body, including serotonin and opioid receptors. According to a research report, the interaction of CBD with the endocannabinoid system (ECS) has potential health benefits in treating or relieving conditions such as

  • Anxiety and depression
  • Epilepsy
  • Insomnia
  • Acne and skin conditions
  • Substance abuse and addiction
  • Pain and inflammation
  • Cancer-related symptoms such as pain, nausea, and vomiting
  • Neurological disorders

Does CBD Show Up on West Virginia Drug Test?

CBD does not show up on conventional drug tests in West Virginia. Urine drug screenings and other common drug tests are designed to find controlled substances like THC in the body. This means that regular drug tests may detect CBD products containing high concentrations of THC. On the other hand, hemp-derived CBD products usually contain below 0.3% THC and are less likely to appear in drug tests. The amount of CBD products and frequency of consumption may also increase the probability of failing a drug test.

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