Is Delta 8 THC Officially Banned in West Virginia?

delta 8 west virginia

There’s been a lot of change in the delta 8 THC space in West Virginia in 2023 as the state officially banned this substance.  

Last Update: February 5, 2024

Summary

  • Hemp-derived delta 8 THC is banned in West Virginia under SB 546. The bill went into effect on June 8, 2023, making delta 8 THC and other THC isomers Schedule I substances.
  • Another bill, SB 220, which passed in 2023, allows the sale of naturally occurring, unadulterated, and non-synthetic hemp cannabinoids, including delta 8 THC. But, in its definition of “adulterated hemp product” falls synthetically derived delta 8, which is the one available on the market.  
  • You cannot order delta 8 THC products online if you live in West Virginia because the state has banned this substance.
  • The best alternatives for delta 8 THC in West Virginia are premium full spectrum CBD products and legal delta 9 THC gummies with less than 0.3% THC.

Is Delta 8 THC Legal in West Virginia? 

No, hemp-derived delta 8 THC is not legal in West Virginia.

The state passed SB 546 in 2023 (which went into effect on June 8) and added delta 8 THC and all THC isomers to the Schedule I controlled substances group.

Another bill, SB 220, which also passed in 2023, set rules for hemp-derived cannabinoids. The bill allows the sale of naturally occurring, unadulterated, and non-synthetic hemp cannabinoids, including delta 8 THC.

However, it defines “adulterated” hemp products in a way that includes commercially available delta 8 THC. This means that only naturally extracted delta 8 THC is legal in West Virginia under this bill.

After the passage of the 2018 Farm Bill, West Virginia adhered to federal policy and legalized hemp and all derivatives, extracts, cannabinoids, isomers, acids, salt, and salts of isomers with a Delta-9 THC concentration of no more than 0.3%. 

Marijuana is illegal in West Virginia for recreational but legal for medical purposes.

Read more: State-by-State Legality of Delta 8 THC

Where to Buy Delta 8 THC in West Virginia?

It’s best to avoid buying delta 8 THC products in West Virginia online and in local retail stores. 

The best alternatives for delta 8 THC in this state are premium full spectrum CBD products and legal delta 9 THC gummies with less than 0.3% THC.

Buying hemp products online comes with a few advantages, including fast shipping, better offers, transparency, and reliability. Online shops offer a range of top-shelf products at lower prices because they don’t have the typical expenses of maintaining a brick-and-mortar store. 

You’re also more likely to find a wide range of high-quality cannabinoid products in online shops. Most importantly, you’ll have it much easier to scan each product, ask questions, and request valid test reports. 

At Mr. Hemp Flower, you can find a range of top-shelf products, including hemp flower, gummies, pre-rolls. Each item comes with a detailed Certificate of Analysis, and if necessary, a terpene report. 

You’ll notice that we’ve made it effortless for you to scan the page and find the labs that contain percentages of each cannabinoid present in the product. We value quality over anything else when it comes to our products. 

Each item is compliant with the Hemp Farming Act and contains less than 0.3% delta 9 THC. That said, always make sure to check the report of the product you’re about to purchase to see if it’s within the legal levels of THC. 

What is Delta 8 THC? 

Delta 8 THC is an analog of delta 9 THC the primary type of THC in cannabis. These two chemicals share a closely similar molecular structure with a minor difference in the arrangement of their atomic bonds.

Researchers believe that this subtle difference makes D8 THC roughly twice less psychotropic than D9 THC because it potentially influences how this cannabinoid binds to receptors in the endocannabinoid system. 

D8’s mildly intoxicating nature and gentle tendency to side effects are attractive to users. While these traits made this derivative extremely popular, there’s so much more to it than just getting intoxicated.

Delta 8 THC and Federal Law 

The Drug Enforcement Administration (DEA) has yet to see eye to eye with the cannabis industry. So many uncertainties around federal law and cannabis create confusion around the legality of delta 8 THC. The legal status of this compound remains murky because there’s a pile of unanswered questions and unaddressed issues by the federal government. 

While D8 THC that’s naturally present in the hemp plant is fully legal under the Hemp Farming Act, the status of D8 THC manufactured from hemp-derived cannabidiol (CBD) causes confusion. 

Because this hemp derivative is present in the plant in trace amounts, chemists use isomerization to convert hemp-derived cannabidiol (CBD) into D8. Most D8 THC infused in products you see online and at local shops is made using this process. 

So now, the chemical conversion of the compound is at the root of the legal confusion. The main question surrounding it is whether D8 made from hemp is a “synthetically derived” compound. Because federal law doesn’t explicitly define the term “synthetic,” there’s a possibility that the DEA could treat CBD-derived D-8 THC as “synthetically derived THC.” 

Final Thoughts

Delta 8 THC is not legal to buy in West Virginia. The Mountain State explicitly banned the distribution and sale of products containing this cannabinoid.

Residents of West Virginia can order a wide range of alternative hemp cannabinoid items online, including legal delta 9 gummies and full spectrum CBD products with less than 0.3% THC.

delta 8 west virginia laws

Be Sure to Check Out: 

Best Delta 8 Products

D-8 THC Gummies

All Delta 9 Products

FAQ’s

Delta 8 THC is not legal to buy in West Virginia. The Mountain State explicitly banned the distribution and sale of products containing this cannabinoid. 

It’s best to avoid buying delta 8 THC in West Virginia because the state has banned this substance.

Only residents of delta 8 THC friendly states can shop a range of D8 products online safely and discreetly.

No, so far, 15 states have banned or restricted D-8 THC, including Alaska, Arizona, Arkansas, Colorado, Delaware, Idaho, Iowa, Montana, Mississippi, New York, Kentucky, Rhode Island, Utah, Vermont, and Washington.

More research is needed in this area, but D-8 THC is considered safe. This hemp derivative exhibits milder psychotropic effects than D-9 THC.  

Read our legal disclaimer HERE. While we try to stay as up-to-date as possible on all state laws, you should do your own due diligence and work with a legal professional to ensure you are operating legally in your state or territory at all times.

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