For the industrial hemp sold over-the-counter all over the state, age requirements are almost always going to be eighteen. In some stores institutional policy might dictate that this age be upped to twenty-one, but most establishments stick to eighteen as a starting place for age restrictions for CBD.
Medical CBD with high THC content can only be found in medical dispensaries, of which there are precious few in the state of West Virginia. However, CBD with a low THC content being sold under the protection of either the federal Farm Bill or West Virginia’s industrial hemp pilot program can be sold in gas stations, head and smoke shops, and even average convenience stores.
Though some states have taken either an embracing or hardline approach against CBD and the hemp industry, West Virginia’s approach seems relatively middle-of-the-road. For CBD users in West Virginia, the state’s industrial hemp pilot program means that it shouldn’t be hard to legally obtain and consume low-THC CBD. Even for those users of CBD looking for a higher THC content, the medical cannabis law the state passed in 2017 makes it possible for some citizens to access high-grade medicinal CBD.
Where to Find West Virginia CBD
While the state has not yet passed legislation legalizing adult use recreational cannabis, this may very well be the next step, one that will push West Virginia from a middle-of-the-road legislature on the topic of cannabis and hemp to a progressive state with a booming marijuana industry. Even despite the seemingly clear nature of most of West Virginia’s laws pertaining to CBD, many consumers within the state still have resounding questions regarding the complex legal situation surrounding the substance.
This guide has been created to help to clarify some of the main laws pertaining to CBD in the state of West Virginia. As always, this work does not constitute legal advice, and the individual reader is solely responsible for ensuring that they do not violate any local, state, or federal regulations.
Medical cannabis is typically given primarily to patients over the age of eighteen. However, in select cases doctors might be able to sign a prescription for medical cannabis or CBD for a minor, so long as the child’s parent or legal guardian signs a document consenting to the prescription being given to their child. But in most cases, norms of medical practice dictate against over-medicating minors, especially with something like cannabis.
Next, the state followed in the footsteps of most U.S. jurisdictions in codifying an industrial hemp pilot program, placing the program’s tenants in sections 19-12E-1 to 19-12E-9 in their codebook. This pilot program effectively makes it legal for organizations to produce, cultivate, and distribute derivatives of the industrial hemp plant, provided that the products have only a trace amount of THC, the psychoactive ingredient found in marijuana.
The difference between marijuana-derived CBD and hemp-derived CBD is the THC content in the product. Marijuana-derived CBD has more than 0.3% THC and is illegal other than for medical purposes. One needs a license and a prescription from a doctor to buy this product. Hemp-derived CBD has less than 0.3% THC and doesn’t make a person high. Hence, the product is freely available in the state and doesn’t require a license or prescription.
A licensing program regulates hemp cultivation in the state. HB 2694 includes all the licensing guidelines. Here are some points that you need to know:
So, Is CBD Legal In West Virginia Today?
The West Virginia Industrial Hemp Development Act came into effect in 2018 and allows the growth and processing of industrial hemp in the state. Soon after the state act, the US Farm Bill became law across the nation. The state laws got the required updates afterward. With the US Farm Bill, WV revised CBD laws and legalized the cultivation, distribution, transportation, and use of hemp-derived CBD products in the state. HB 2694 passed in April 2019. This bill clarifies hemp-related rules in the state. It defines the regulations on cultivation, licensing, possession, transportation, and shipping industrial hemp. Here are some highlights of the bill:
Cannabidiol or CBD is a non-intoxicating chemical compound naturally occurring in the cannabis plant. CBD is the second-most prevalent compound in the plant behind THC. THC is the most pervasive compound but has psychoactive properties to make a person high when consumed. The latest research on CBD indicates it might have many health benefits. CBD seems to be a highly effective anti-inflammatory, anti-bacterial, neuro-protectant, analgesic, muscle-relaxing, anti-seizure, and stress-relieving product. The most crucial feature of CBD is its non-psychoactive properties. That’s why hemp-derived CBD products are legal in almost all states in the U.S. Hemp-derived CBD has a lower THC content, which is below 0.3%. Hemp-derived CBD products won’t get you high like marijuana-derived products. That’s why doctors prescribe these products to adults, children, and seniors. They are even available as commercial pet products for you to give to your pets.
On the other hand, the sale and distribution of any amount of marijuana is a felony in West Virginia. The punishment includes a jail term between 1 to 5 years and a $15,000 fine. Transporting the substance is also a crime and is punishable.