Are hemp-derived delta 9 gummies legal to buy in West Virginia? Hemp production is permitted in the Mountain State, but sometimes, state laws have certain nuances you should know before ordering whole-spectrum extracts.
Are hemp delta 9 gummies fully legal in West Virginia? Let’s take a closer look.
Last Update: November 9, 2023
- Hemp-derived delta 9 gummies with less than 0.3% THC are legal in West Virginia for adults 21 and over.
- The state permits the sale of hemp products, defined as all products prepared in a form available for commercial sale.
- Products containing THC isomers like delta 8 and delta 10 are prohibited in this state.
- You can lawfully order your package of delta 9 gummies from specialized online shops or local dispensaries.
- Recreational marijuana isn’t legal in West Virginia. So, higher concentrations of THC are available only via their medical marijuana program.
Where to Buy Hemp Delta Gummies in West Virginia?
The best place to order hemp delta 9 gummies in West Virginia are specialized online shops like Mr. Hemp Flower. Our gummies are unique because they are derived from hemp and are infused with an equally distributed whole-plant extract.
We test each batch of hemp before extraction, as well as each final product. When buying from us, you can rest assured you are getting a clean and tested product that doesn’t contain harmful ingredients and is sold to you by the maker.
In addition, our gummies contain the perfect CBD to THC ratio and are rich in essential hemp cannabinoids. Aside from the main ones, like delta 9, CBD (15mg), this product contains minor cannabinoids like CBN, CBC, and CBG.
Research shows that terpenes boost the effects of cannabinoids, and whole-plant hemp extracts are abundant in them. In every bite, you’ll experience the whole-plant power of the hemp plant.
Due to their high CBD content, our gummies provide an enjoyable, relaxing experience. They won’t get you too intoxicated (except if you’re a beginner), but to be sure, start with half a gummy and increase from there.
Because they are subtly stimulating, they can help with daytime focus, pain relief, and keeping you active no matter what you’re dealing with that day. They are also ideal for creative activities and stress relief after a hard week at work. We especially recommend gummies if you are not a smoker or wish to kick that habit.
Are Hemp Delta 9 Gummies Legal in West Virginia?
Yes, hemp-derived delta 9 gummies with less than 0.3% THC are legal in West Virginia.
State law permits the sale of hemp-derived CBD products with less than 0.3% THC. West Virginia amended its existing hemp law under SB 220, which requires a license to process, distribute, or sell cannabinoid-infused hemp products.
West Virginia’s law defines “hemp products” as as all products derived from, or made by, processing hemp plants or plant parts, that are prepared in a form available for commercial sale.”
You don’t need a license to buy hemp-derived CBD products in West Virginia. The state doesn’t consider CBD derived from hemp a controlled substance or an adulterant used in food products. This goes against federal law but is excellent for the consumer because you can legally buy different hemp CBD/THC edibles.
The only exception are hemp products infused with delta 8, delta 10, or other synthetic equivalents of THC, which are not prohibited under SB 546.
West Virginia legalized hemp back in 2002, under Senate Bill 447, initially defining the plant as cannabis with no more than 1% THC.
In 2018, the state passed the West Virginia Industrial Hemp Development Act, developing procedures for hemp growers, processors, and sellers. In 2019, the state updated its legislature under House Bill 2694, clarifying rules on hemp-derived CBD products.
What is Hemp-Derived Delta 9 THC?
Hemp-derived delta 9 is THC extracted directly from the mature buds and flowers of the hemp plant. Hemp was legalized on a federal level under the Farm Bill of 2018. The bill allowed the cultivation of the plant and commercial distribution of hemp-derived products with no more than 0.3% delta 9 THC.
That said, THC derived from marijuana remains illegal federally, so when buying cannabinoid products, make sure you check the source of extraction. Regarding effects, studies show that, in low to moderate doses, THC is helpful for inflammation, pain, sleep problems, lack of appetite, and nausea and vomiting.
Legal Delta 9 THC and Federal Law
The relationship between CBD and federal law is complicated because CBD is an approved epilepsy drug. Due to the drug exclusion rule, this cannabinoid cannot be used as a food ingredient. But, that’s not the case with THC, which is legal under the 2018 Farm Bill if used in a concentration of no more than 0.3%.
The federal bill removed ‘hemp’ and ‘THC in hemp’ from the list of controlled substances. It defines the plant as:
“Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9-tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis .”
Now that hemp is legal, THC derived from hemp in a concentration of no more than 0.3% is also legal. In addition, cannabis with high THC content, aka marijuana, remains illegal federally.
The only way you can legally obtain marijuana-derived THC is under a medical marijuana card or in a state that allows recreational use.
While you can buy hemp-derived THC gummies unrestricted, most products also contain CBD to balance the effects. The FDA hasn’t approved CBD in food because they need more data and scientific evidence on its safety. But, as long as these products are being sold without making health claims or labeling them as dietary supplements, they are tolerated by the federal agency.
Be Sure to Check Out:
Delta-9 THC FAQ
Is Delta 9 legal in all 50 states?
Technically, the Farm Bill legalized delta 9 THC derived from hemp in all 50 states if present in a concentration of no more than 0.3%. Some states continue with their zero-THC policy and don’t allow the sale of this cannabinoid in hemp-derived products.
What is stronger, Delta 9 or Delta 8?
According to studies, delta 8 is twice less potent than delta 9. This has been confirmed by regular users, who like the mild and less stimulative effects of delta 8.
Will Delta 9 get you high?
Yes, delta 9 is an intoxicant. This means that as a psychotropic substance that binds to the CB1 receptors in the brain, it has the power to get you “high.”
Does hemp have Delta 9?
Yes, legal hemp contains delta 9 THC, but only in a concentration of no more than 0.3%.
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.