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Is CBD Legal in West Virginia? State Hemp Rules in 2026

As of November 3, 2026, West Virginia allows hemp products, including delta-8, for adults 21+, with permits, registration, and an 11% tax on THC products.

Last checked: Based on official sourcesNot legal advice.

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In short

As of November 3, 2026, West Virginia allows hemp and CBD products when they are registered with the state Department of Agriculture and sold by permitted sellers. A 2024 law allows certain naturally occurring THC types from hemp, including delta-8, delta-10, HHC, THCP, and THCV, for adults 21 and older.[1, 2]

Every hemp product must be registered each year, and every retailer, including websites, needs a state permit. Sellers must check that buyers are 21 or older, and products need approved labels with warnings. Retail sales of these THC products carry an 11 percent tax.[1, 2]

An emergency rule, filed June 30, 2026, and in effect since August 11, 2026, makes age checks stricter, bans hemp products mixed with kava, kratom, and similar herbs or with synthetic ingredients meant to boost effects, and raises some fines. The permanent version is still going through the rule-making process.[1, 2, 3, 4]

At a glance

Is CBD Legal in West Virginia? State Hemp Rules in 2026
TopicStatus
Is CBD legal?As of November 3, 2026, yes, under state rules. West Virginia's hemp rule says it is lawful to transport and possess CBD and THC products as long as the THC content does not exceed what the law allows. Each hemp product must be registered with the West Virginia Department of Agriculture, and sellers need a permit. A 2024 law also allows certain THC types from hemp for adults 21 and older.[1, 2]
Hemp definition and THC limitState law defines hemp as having no more than 0.3 percent THC, or the THC level set for hemp in federal law (7 U.S.C. 5940), whichever is greater. The Department of Agriculture's rule uses a total limit of 0.3 percent delta-9 THC on a dry-weight basis, and counts THCA: total THC is delta-9 THC plus 0.877 times THCA.[2, 4, 5]
CBD in food and drinksAllowed if the product is registered. The state rule lists hemp edibles and drinks among hemp products. Hemp products sold as food or dietary supplements must be labeled under FDA food or supplement labeling guidelines. Sellers of time- and temperature-controlled products must follow FDA guidance on safe handling and storage. The emergency rule in effect since August 11, 2026, also deleted an earlier exemption that let restaurants serve hemp foods and drinks on site without a hemp retail registration.[2, 6]
Intoxicating hemp products (delta-8, THCA flower and similar)As of November 3, 2026, allowed for adults 21 and older within limits. The 2024 law lists "hemp-derived cannabinoids" as naturally occurring, non-synthetic delta-9 THC (no more than 0.3 percent by dry weight), delta-8, delta-10, HHC, THCP, and THCV. Such products need state approval and a permitted seller. A 2023 law (SB 546) lists delta-8, delta-10, THC-O, and synthetic cannabinoids in Schedule I, but those THC listings do not apply to products handled lawfully under the state's hemp law. The state rule counts THCA in total THC and lists smokable hemp in approved packaging as a hemp product. It treats products over the legal THC content and non-naturally occurring or fully synthetic products as Class I, the most serious violations. We found no milligram cap per serving or package in state law.[1, 2, 4, 7]
Minimum ageAs of November 3, 2026, the minimum age is 21. Knowingly selling hemp-derived cannabinoid products to someone under 21 is a felony, and possession by someone under 21 is a misdemeanor for a first offense. The state rule says hemp products cannot be sold to anyone under the verified age of 21. The 2024 law already required websites that sell these products to people in the state to use an age-screening mechanism. Since August 11, 2026, the emergency rule spells out the checks: in-person sellers must check a government photo ID or use an age-scanning device, and websites must verify that a buyer is 21 or older before the sale, using digital ID or a commercial or government age verification system.[1, 2]
Who can sell itOnly permitted sellers. The Department of Agriculture issues manufacturer, processor, distributor, and retail permits. All retailers, including online stores, must register for a permit ($100 per year). Each product must be registered every year ($200, or $100 when the hemp is grown and harvested in West Virginia, the product is made in West Virginia, and it is registered with the West Virginia Grown program). Out-of-state sellers who ship into West Virginia are covered too. Retail applicants must show a West Virginia Business Registration certificate. Since August 11, 2026, the emergency rule also asks them for a license from the Alcohol Beverage Control Commissioner under West Virginia Code § 16-9H-3. That is the vape or smoke shop license created by the 2026 Vape Safety Act (HB 5437). A revised draft of the permanent rule, filed October 29, 2026, would ask for this license only when the business needs one to operate. That draft is not yet a rule.[1, 2, 8, 9]
Labels and lab testingProducts need a label approved by the Department of Agriculture. Labels must say "NOT INTENDED FOR SALE TO PERSONS UNDER THE AGE OF 21" and "Keep out of reach of children," and carry pregnancy, medication, and drug-testing warnings. They must list cannabinoid content in milligrams, and a label more than 15 percent off is misbranded. Labels cannot appeal to children, such as with cartoons or candy look-alikes. A QR code may replace some label information, but not the cannabinoid content, the required warnings, or nutrition facts on edibles. The Department does random inspections and tests products.[1, 2]
Medical and adult-use marijuanaWest Virginia has a medical cannabis program run by the Office of Medical Cannabis. We found no adult-use (recreational) law. Adult-use bills filed in 2026 (SB 634 and HB 4371) did not pass.[10, 11]
November 12 and December 11, 2026West Virginia's hemp definition uses 0.3 percent THC or the federal level, whichever is greater, so in our reading a stricter federal rule may not lower the state limit on its own. The state rule says its requirements are in addition to federal rules, and that interstate shipping must follow federal law. The 2024 law already limits hemp-derived cannabinoids to naturally occurring, non-synthetic substances. From November 12, 2026, the federal hemp definition excludes products with cannabinoids that a cannabis plant cannot naturally make. The rest of the federal change, including total THC counting THCA, the exclusion of cannabinoids made outside the plant, and a 0.4 mg total THC limit per container for final products, is set for December 11, 2026, unless Congress delays it again. In our reading, some products that are legal in West Virginia, such as some delta-8 items or products over 0.4 mg THC per container, may stop counting as federal hemp from that date, which could affect shipping across state lines. We found no West Virginia law that responds to the federal change as of November 3, 2026.[1, 2, 5, 12, 13]

How West Virginia defines hemp

A 2019 law (HB 2694) defines hemp as Cannabis sativa L. with no more than 0.3 percent THC, or the THC concentration for hemp defined in federal law (7 U.S.C. 5940), whichever is greater. The same law says THC in hemp is not a controlled substance. It took effect June 7, 2019. We found no later law that changed this definition.[5, 14]

The Department of Agriculture's hemp products rule (61 CSR 30) uses a total limit of 0.3 percent delta-9 THC on a dry-weight basis. It defines total THC as delta-9 THC plus 0.877 times THCA, so THCA counts toward the limit.[2, 4]

The rule lists many types of hemp products, including extracts, edibles and drinks, tinctures, topicals, patches, vaping products, smokable hemp in approved packaging, and pet treats.[2, 4]

Delta-8 and other THC products for adults 21 and older

The Select Plant-Based Derivatives Regulation Act: Industrial Hemp was first added in 2023 (SB 220) and rewritten in 2024 (SB 679). The 2024 version took effect when it passed on March 9, 2024. Its stated purpose is to allow limited, regulated access to naturally occurring plant-based derivatives for adults 21 and older. It does not apply to naturally occurring products that contain no THC.[1, 15, 16]

The law defines a "hemp-derived cannabinoid" as a naturally occurring, non-synthetic substance: delta-9 THC at no more than 0.3 percent by dry weight, delta-8 THC, delta-10 THC, HHC, THCP, or THCV. Makers, processors, distributors, and retailers need permits, and products need approval from the Commissioner of Agriculture. Businesses outside the state that ship into West Virginia are covered too.[1]

Retail sales of hemp-derived cannabinoid products carry a privilege tax of 11 percent of the retail price, on top of other taxes. The retailer may not list it as a separate charge on the receipt.[1]

Selling without a permit is a misdemeanor for a first offense and a felony after that. Knowingly selling to someone under 21 is a felony. Someone under 21 who has these products commits a misdemeanor for a first offense.[1]

A separate 2023 law (SB 546), in effect since June 8, 2023, lists delta-8 and delta-10 THC, THC-O, and synthetic and non-naturally occurring cannabinoids as Schedule I controlled substances. The THC parts of that list do not apply to products made, sold, or possessed lawfully under the state's hemp law. In our reading, this means delta-8 sold outside the hemp permit system may be treated as a controlled substance.[7, 17]

Permits, registration, labels, and sales rules

The Department of Agriculture updated 61 CSR 30 on April 20, 2026, after the Legislature approved it in HB 4265. Under the rule as amended by the emergency rule in effect since August 11, 2026, every hemp product sold in the state must be registered each year. The fee is $200 per product, or $100 when the hemp is grown and harvested in West Virginia, the product is made in West Virginia, and it is registered with the West Virginia Grown program, with yearly caps per registrant. All retailers, including online stores, need a $100 yearly permit. Registrations end on December 31 and are due January 1.[2, 4, 18, 19]

Stores must keep consumable hemp products where staff can see them or behind the counter. Advertising is not allowed on TV, radio, online, or in print when 30 percent or more of the audience is under 21. Free samples of consumable products are limited to adult-only places, with some exceptions for non-intoxicating products at approved events.[2]

Labels must include "NOT INTENDED FOR SALE TO PERSONS UNDER THE AGE OF 21," "Keep out of reach of children," a warning to consult a physician if pregnant or taking medication, and a warning that the product may affect drug test results. Labels must show cannabinoid content in milligrams. A label that is more than 15 percent above or below the tested amount is misbranded. Labels cannot use cartoons, images that appeal to children, or imitate candy or food labels.[2]

A QR code may replace some information panel content, but not the cannabinoid content, the required warnings, or nutrition facts on edibles. The Department does random inspections and periodically samples and tests products for registration, labeling, and safety.[2]

The Alcohol Beverage Control Administration also has a rule on retail enforcement for hemp products (175 CSR 11), effective May 15, 2025. Under the 2024 law, its agents may enforce the retail provisions. Under that rule, ABCA agents run underage buy checks and label checks at hemp retailers and send citations to the Department of Agriculture, which alone sets the penalties.[1, 20, 21]

The emergency rule in effect since August 11, 2026

The Department of Agriculture filed an emergency amendment to 61 CSR 30 on June 30, 2026, and it took effect August 11, 2026. The Secretary of State's rule page says the emergency rule is in effect while the permanent rule goes through the full rule-making process. A revised draft of the permanent rule was filed on October 29, 2026; it is not yet in effect. The emergency rule points to SB 985, a 2026 law that updated the state's separate kratom law (effective June 12, 2026), and it removes kratom from 61 CSR 30, so the amended rule covers hemp only.[2, 3, 9, 22]

The emergency rule tells the Department to deny or revoke registration for any hemp product that contains kava, valerian root, yohimbe bark, willow bark, California poppy, Boswellia serrata resin, Corydalis yanhusuo, passion flower, psychoactive mushrooms, kanna, or kratom. It also bars synthetic ingredients meant to boost the effects of cannabinoids.[2]

Under the emergency rule, retail applicants must include a license from the Alcohol Beverage Control Commissioner under West Virginia Code § 16-9H-3 and a West Virginia Business Registration certificate. That license is the vape or smoke shop license created by the 2026 Vape Safety Act (HB 5437), in effect since June 11, 2026. It covers shops that give at least 33 percent of their floor space to tobacco, nicotine, and vape products, and the yearly fee is $1,200. The ABCA's emergency rule for vape and smoke shops (175 CSR 12), in effect since June 23, 2026, says vapor products can include vapable hemp products.[2, 8, 23, 24, 25]

A revised draft of the permanent hemp rule, filed October 29, 2026, would ask for the ABCA license only when the business needs one to operate. That draft is not yet a rule. Under the emergency rule, permits cannot be transferred and are valid only for the location on the application.[2, 9]

In-person sellers must check a government photo ID or use an age-scanning device. The 2024 law already required websites that sell these products to people in the state to use an age-screening mechanism. The emergency rule makes this stricter: websites must verify that the buyer is 21 or older before the sale, using digital ID or a commercial or government age verification system. Product names and marketing cannot use candy terms such as "gummy bear" or "cotton candy."[1, 2]

The April 2026 rule already sorted violations into three classes, with fines. The emergency rule keeps the three classes, raises the fine for a third offense to $1,000, and requires unlawful products to be embargoed and destroyed. Class I, the most serious, includes products over the legal THC content and non-naturally occurring or fully synthetic products. A first Class I violation brings a $1,000 fine, embargo, and possible suspension. Class II fines run $400, $800, and $1,000, and Class III fines run $200, $500, and $1,000.[2, 4]

The emergency rule also deleted an earlier exemption that let restaurants serve hemp foods and drinks on site without a hemp retail registration.[6]

Medical cannabis and the 2026 federal change

West Virginia has a medical cannabis program run by the Office of Medical Cannabis. Bills to allow adult-use cannabis (SB 634 and HB 4371) and to move hemp oversight to the alcohol agency (HB 5100) were filed in 2026 but did not pass.[10, 11]

State law defines hemp as 0.3 percent THC or the federal level, whichever is greater. In our reading, this wording can raise the state limit if federal law is looser, but a stricter federal rule may not lower it on its own. The state law points to 7 U.S.C. 5940, while the 2025 federal change amends a different section, 7 U.S.C. 1639o. The state rule says its requirements add to federal rules and that shipping across state lines must follow federal law.[2, 5, 12]

From November 12, 2026, the federal hemp definition excludes products with cannabinoids that a cannabis plant cannot naturally make. The rest of the federal change, including total THC counting THCA, the exclusion of cannabinoids made outside the plant, and a 0.4 mg total THC limit per container for final products, is set for December 11, 2026, unless Congress delays it again.[12, 13]

West Virginia already limits hemp-derived cannabinoids to naturally occurring, non-synthetic substances. But in our reading, some products allowed in the state, such as delta-8 items or products with more than 0.4 mg THC per container, may no longer count as federal hemp from December 11, 2026, if that date holds. We found no West Virginia law on how the state will respond as of November 3, 2026.[1, 12, 13]

What changes next

  1. First step of the federal hemp change

    From November 12, 2026, the federal hemp definition excludes products with cannabinoids that a cannabis plant cannot naturally make.[12, 13]

  2. Rest of the federal hemp change

    Total THC counting THCA, the exclusion of cannabinoids made outside the plant, and a 0.4 mg total THC limit per container are set for December 11, 2026, unless Congress delays them again.[12, 13]

  3. Yearly hemp registrations due

    Product and retail registrations expire on December 31, and applications for 2027 are due January 1, 2027.[2]

Who regulates hemp and CBD

Timeline

  1. Hemp definition takes effect

    HB 2694 sets hemp at 0.3 percent THC or the federal level, whichever is greater.[5, 14]

  2. Delta-8 added to Schedule I, with a hemp exception

    SB 546 lists delta-8 and delta-10 THC, THC-O, and synthetic cannabinoids in Schedule I. The THC listings do not apply to products handled lawfully under the state's hemp law.[7, 17]

  3. Hemp-derived THC product law takes effect

    SB 220 adds § 19-12E-12, the Select Plant-Based Derivatives Regulation Act: Industrial Hemp, which the 2024 law later rewrote.[15]

  4. SB 679 passes and takes effect

    The law sets 21 as the minimum age, lists allowed hemp-derived cannabinoids, requires permits, and creates an 11 percent tax. The governor approved it on March 27, 2024.[1, 16]

  5. ABCA retail enforcement rule takes effect

    The Alcohol Beverage Control Administration's rule 175 CSR 11 on retail enforcement for hemp products takes effect.[20]

  6. Hemp products rule updated

    A new version of 61 CSR 30, approved by the Legislature in SB 369, takes effect.[3, 26]

  7. Hemp and kratom rule updated

    A revised 61 CSR 30, approved by the Legislature in HB 4265, is filed and takes effect.[4, 18]

  8. Vape Safety Act takes effect

    HB 5437 creates a vape or smoke shop license issued by the Alcohol Beverage Control Commissioner. The emergency hemp rule later asked hemp retail applicants for this license.[2, 8, 23]

  9. Kratom law update takes effect

    SB 985 updates the state's separate kratom law. The emergency hemp rule that followed removed kratom from 61 CSR 30.[2, 22]

  10. Emergency hemp rule takes effect

    The emergency amendment to 61 CSR 30, filed June 30, 2026, takes effect. It makes age checks stricter, including ID-based checks for online sales, bans certain herbal and synthetic additives, asks retail applicants for an ABCA license under § 16-9H-3, and raises some fines.[1, 2, 3]

  11. Revised draft of the permanent hemp rule filed

    A modified version of the proposed permanent 61 CSR 30 is filed. It would ask for the ABCA license only when a business needs one to operate. It is not yet in effect.[3, 9]

Sources

Show 26 references
  1. Enrolled Committee Substitute for Committee Substitute for S.B. 679 (2024): W. Va. Code § 19-12E-12, Select Plant-Based Derivatives Regulation Act: Industrial Hemp
  2. 61 CSR 30, Select Plant-Based Derivatives and Select Plant-Based Derivative Products – Hemp, emergency rule filed June 30, 2026, effective August 11, 2026 (West Virginia Secretary of State)
  3. Code of State Rules, Title-Series 61-30: rule versions and filings (West Virginia Secretary of State)
  4. 61 CSR 30, Select Plant-Based Derivatives and Select Plant-Based Derivative Products – Hemp and Kratom, final filing and adoption, effective April 20, 2026 (listed as historical since the emergency rule took effect August 11, 2026; West Virginia Secretary of State, Code of State Rules)
  5. Enrolled Committee Substitute for H.B. 2694 (2019): amends W. Va. Code § 19-12E-3, definition of hemp
  6. 61 CSR 30, emergency rule filed June 30, 2026, effective August 11, 2026, Word version showing changes (West Virginia Secretary of State)
  7. Enrolled Committee Substitute for S.B. 546 (2023): W. Va. Code § 60A-2-204, Schedule I
  8. Enrolled Committee Substitute for H.B. 5437 (2026): Vape Safety Act, W. Va. Code § 16-9H-1 et seq.
  9. 61 CSR 30, modified filing of the proposed permanent rule, October 29, 2026 (not in effect; West Virginia Secretary of State)
  10. West Virginia Office of Medical Cannabis
  11. West Virginia Legislature, 2026 Regular Session: all bills status list (SB 634, HB 4371, and HB 5100; not passed)
  12. Public Law 119-37 (November 12, 2025), Division B, Sec. 781: amendments to the definition of hemp (7 U.S.C. 1639o)
  13. Continuing Appropriations and Extensions Act, 2027, Public Law 119-103 (September 2, 2026), Sec. 2019: Section 781 extension
  14. H.B. 2694, 2019 Regular Session: bill history (effective June 7, 2019; Chapter 13, Acts 2019)
  15. S.B. 220, 2023 Regular Session: Industrial Hemp Development Act, bill history (effective June 9, 2023; Chapter 173, Acts 2023)
  16. S.B. 679, 2024 Regular Session: bill history (effective from passage March 9, 2024; approved by Governor March 27, 2024; Chapter 3, Acts 2024)
  17. S.B. 546, 2023 Regular Session: bill history (effective June 8, 2023)
  18. Enrolled Committee Substitute for H.B. 4265 (2026): authorizing the Department of Agriculture rule on hemp and kratom products, 61 CSR 30 (W. Va. Code § 64-9-1)
  19. H.B. 4265, 2026 Regular Session: bill history (effective from passage March 14, 2026; Chapter 220, Acts 2026)
  20. 175 CSR 11, Retail Enforcement of Select Plant-Based Derivatives and Derivative Products: Hemp and Kratom, effective May 15, 2025 (West Virginia Secretary of State)
  21. 175 CSR 11, Retail Enforcement of Select Plant-Based Derivatives and Derivative Products: Hemp and Kratom, rule text (Word version, West Virginia Secretary of State)
  22. S.B. 985, 2026 Regular Session: registration and enforcement of kratom, bill history (effective June 12, 2026; Chapter 5, Acts 2026)
  23. H.B. 5437, 2026 Regular Session: bill history (effective June 11, 2026; Chapter 265, Acts 2026)
  24. 175 CSR 12, Vape or Smoke Shop Licensure and Enforcement, emergency rule effective June 23, 2026 (West Virginia Secretary of State)
  25. Vape Safety Act (West Virginia Alcohol Beverage Control Administration)
  26. S.B. 369, 2025 Regular Session: authorizing agency legislative rules including 61 CSR 30, bill history (Chapter 166, Acts 2025)

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About this page

This page is a plain summary of official texts; it is meant to inform and is not a substitute for legal advice. Rules can change and differ from place to place: before you decide, we suggest checking the official text and, if needed, talking to a lawyer. If you spot a change or an error, let us know through our contact form.