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CBD Oil in West Virginia (WV)

cbd oil in west virginia

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Disclaimer: Please note that the information found on this page was independently researched by Highland Pharms. It is not presented by lawyers or other legal experts. We have made great efforts to verify the accuracy of this content, but it should never be interpreted as legal advice in any capacity. It is the sole responsibility of each reader to know their local laws. If you have further questions on these topics, please check with your local law enforcement agencies.

CBD Oil in West Virginia

Are you seeking answers about the legal status of CBD in West Virginia? Is it legal to purchase and consume cannabidiol in the Mountain State?

It depends on which plant the CBD in question comes from! CBD can be derived from either Cannabis Sativa (Hemp) or Cannabis Indica (Marijuana).

While there remain some incongruencies between state and federal laws when it comes to CBD, federal law recognizes the legality of Hemp-derived CBD for purchase and consumption, thanks to the 2018 Farm Bill (H.R.2 – Agriculture Improvement Act of 2018).

This federal law helped tremendously in the effort to establish a clear legal distinction between the Cannabis Sativa and Cannabis Indica plants. The law makes this distinction by specifying the amount of THC present within cannabis plants. This bill is often credited as the spark that paved the way for an industrial and commercial renaissance for Hemp and legal, over-the-counter CBD oil products.

A 2018 state law in West Virginia (SB 475) further clarified the legality of Hemp-based CBD within the state and built on a legal commercial framework.

Is CBD Oil legal in West Virginia?

It is! When the product is derived from Hemp, CBD is legal to purchase in retail settings and legal to consume within the state of West Virginia. There is no need for medical cards, purchase licensing, or a doctor’s prescription if the CBD product is Hemp-based.

Marijuana-based products (including Marijuana-derived CBD) remain controlled substances.

The passage of the 2018 Farm Bill effectively legalized CBD across America, and the Hemp industry is booming back as a result. This bill makes clear that Hemp products are legal in all states, with the stipulation that they must not contain more than a negligible amount of tetrahydrocannabinol (THC). Hemp products must have a THC concentration less than 0.3% — products that exceed this amount are still clarified as Marijuana.

(THC is a psychoactive substance found in Marijuana, users become “high” when it is consumed. The naturally occurring amount of THC in most Hemp plants is quite low.)

Several key pieces of state legislation passed in West Virginia have helped to add legal clarity to the situation.

What are the current CBD laws in West Virginia?

As is the case in many states, Marijuana and Marijuana products remain classified as controlled substances in WV. They can be obtained from tightly regulated medical dispensary channels in accordance with state medical cannabis laws. But CBD-derived Hemp is treated differently and is readily available in retail settings as an over-the-counter product for anyone seeking the positive benefits of CBD.

West Virginia has been more progressive than many states on the path to legalization of CBD and Hemp. State laws in WV began to make a distinction between Marijuana and Hemp much earlier than many other parts of the country and pilot programs took form in the 2010s.

In 2002, the passage of Senate Bill 447 (Sponsored by Senators Facemeyer and Bailey) recognized low-THC Hemp (no more than 1 percent) as an “agricultural crop” and established a framework for licensing the cultivation of the crop for commercial purposes. (It took some time [more than a decade] for federal laws to catch up via the “Farm Bills” of 2014 and 2018.)

In 2017 the West Virginia Medical Cannabis Act (SB 386) was ratified into law on April 9, when signed by Governor Jim Justice. (It was further amended in 2019 [SB 1037, HB 2568] and in 2020 [SB 339].) This bill allows those suffering from certain medical conditions to obtain medicinal Marijuana from legal, regulated dispensaries.  While this bill does not directly deal with Hemp-derived CBD, it does signify that all forms of CBD are gaining positive legal ground in the state, including Marijuana products.

In 2018 the Industrial Hemp Development Act (SB 475), sponsored by Senators Woelfel, Baldwin, and Beach was passed into law. This bill adds state-level clarity to many of the provisions found in the 2018 Farm Bill, passed at the federal level. Together these bills form a framework for a legal commercial Hemp industry in the Mountain State. It makes clear that when licensing and cultivation requirements are adhered to, it is safe to produce and sell Hemp products within West Virginia.

The future looks bright for hemp as a major agricultural crop in the Appalachian region of the United States, and more and more West Virginia acreage is being utilized to grow this versatile plant each year. As CBD gains more and more commercial traction, laws are likely to become even more accommodating to those who wish to use CBD.

Can I purchase CBD oil in West Virginia?

Yes, you can! It is easier than ever to buy CBD in WV— but for convenience, quality, and selection… many prefer to do their shopping online.  And that is where we come in!

We will happily ship Highland Pharms CBD products no matter where you may be in West Virginia—Charleston, Huntington, Parkersburg, Morgantown, Wheeling, Weirton, Fairmont, Beckley, Martinsburg, or Clarksburg—you can put yourself on a path to wellness with our CBD products.

Highland Pharms takes pride in the quality and variety of CBD-based products in our lineup, and you can rest easy in the knowledge that our products are produced, packaged, and delivered to you in a clean safe, and legal manner.

Did you know that you can get CBD in gummy form? And we sell it! If that is not your style, it’s also available in drops, salves, creams, capsules, lotions, and more. We encourage you to browse our entire selection to decide for yourself what solutions might be best for your personal wellness journey.

And don’t forget your pets, we have CBD pet treats too!

SOURCES:

http://www.wvlegislature.gov/Bill_Text_HTML/2002_SESSIONS/RS/Bills/SB447%20SUB1%20eng.htm

https://dhhr.wv.gov/bph/Documents/MedicalCannabis/CannabisBoard%20Items/Medical%20Cannabis%20Slides%20(003).pdf

https://www.mpp.org/states/west-virginia/west-virginia-medical-cannabis-act/

http://www.wvlegislature.gov/Bill_Status/bills_text.cfm?billdoc=HB2694%20SUB%20ENR.htm&yr=2019&sesstype=RS&i=2694

http://www.wvlegislature.gov/WVCODE/Code.cfm?chap=19&art=12E#:~:text=The%20purpose%20of%20the%20industrial%20hemp%20development%20act,industry%20while%20maintaining%20strict%20control%20of%20marijuana.%20%C2%A719-12E-3.

https://trackbill.com/bill/west-virginia-senate-bill-475-industrial-hemp-development-act/1546127/

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