Legality of Hemp Flower in West Virginia

West Virginia passed a new bill that brings changes to the hemp industry.

Where does that put hemp products, particularly hemp flower in West Virginia? Let’s take a look at the state hemp law in the Mountain State.

Last Update: August 2, 2023

Article Summary

CBD flower with less than 0.3% THC is legal to buy in West Virginia.
Under state law, it’s lawful to possess and purchase smokable hemp products that are properly packaged and labeled.
West Virginia amended its hemp law with SB 220, which limits the sale of hemp-derived products to individuals 21 and older.
CBD products derived from hemp are legal in Virginia if their THC concentration doesn’t exceed 0.3%. This includes broad spectrum and full spectrum CBD extracts.
Individuals interested in growing, distributing, or selling hemp and hemp products containing cannabinoids in this state must get a permit. Manufacturers also must register with the state Department of Agriculture.

Is Hemp Flower Legal in West Virginia?

Yes, CBD flower with less than 0.3% THC is legal in West Virginia.

State law allows the manufacturing, distribution, sale, purchasing, and possession of smokable hemp products that are “properly packaged, labeled, and sealed [1].”

Industrial hemp is an agricultural crop in this state — individuals and business entities licensed with the Department of Agriculture can cultivate, handle, or process industrial hemp in this state.

The state recently passed a new bill (SB 220), which amended the existing hemp law. Under the new regulations, anyone who wants to process, distribute, or sell hemp products containing cannabinoids needs a license.

The bill also limits the sale of hemp flower and other hemp products containing cannabinoids to adults 21 years of age and older.

Under West Virginia law, “hemp” or “industrial hemp” means all parts and varieties of the plant Cannabis sativa L. and any part of the plant, including the seeds of the plant and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not with no greater than 0.3% tetrahydrocannabinol [2].

Previously, individuals didn’t need a license to handle, transport, or sell hemp products or extracts, including those containing hemp-derived cannabinoids such as CBD.

Where to Buy Hemp Flower in West Virginia?

You can legally buy hemp flower online if you live in West Virginia.

West Virginia Hemp Flower For Sale

Order fresh hemp flower from Mr. Hemp Flower. We deliver your smokable hemp product in 3 business days or less — straight to your home.

With us, you are getting legal hemp smokeables tested by an independent, third-party lab. All of our products are made from organically grown hemp and contain less than 0.3% THC.

To create high CBD, non-GMO, and pesticide-free hemp smokeables, we work directly with US-licensed farmers.

Our growers have more than five years of experience cultivating incredible strains of CBD-rich hemp in top farms in Oregon, Washington State, and Colorado.

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USPS Allows Shipping Hemp — In Small Quantities

Hemp is considered a commodity in most US states, including West Virginia, so shipping hemp flower is completely safe and legal.

To comply with USPS’s rules on shipping hemp, we include a certificate of analysis and notice to law enforcement — a confirmation you are getting a legal product (hemp flower with less than 0.3% THC) shipped to your home.

Avoid Smoking Hemp Flower in Public

Although hemp is no longer considered a controlled substance in the US, you should still avoid smoking hemp flower in public.

Hemp resembles marijuana, and most US states ban smoking in public. Stay safe and use hemp at the privacy of your home.

West Virginia Industrial Hemp Program

Individuals interested in cultivating, handling, or processing industrial hemp must apply for a license with the Department of Agriculture.

The state won approval on its Industrial Hemp Plan by the USDA, and the plan has been effective since January 1, 2022.

Under West Virginia law:

Cultivating means planting, watering, growing, and harvesting industrial hemp.

Handling includes possession or storing hemp plants for any period of time.

Processing means converting an agricultural commodity into a marketable form.

Also, any individual that wants to grow, cultivate or process industrial hemp should provide the Department of Agriculture a written consent that allows various state agencies to conduct inspection where hemp is grown, cultivated, processed, or stored.

Is CBD Oil Legal in West Virginia?

Yes, hemp-derived CBD oil with less than 0.3% THC legal in West Virginia.

Hemp-derived CBD is not considered a controlled substance in this state. Under the law, products containing CBD, intended for digestion, are considered foods, not controlled substances or adulterated products.

The law defines “hemp products” as all products derived from, or made by, processing hemp plants or plant parts, that are prepared in a form available for commercial sale [2].

In West Virginia, the retail sale of CBD products used to be allowed without a license.

With the new bill, a permit is required to manufacture, process, distribute, and sell hemp-derived cannabinoid products (including CBD oil).