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Hemp Laws in West Virginia

Last updated: April 1, 2026

Delta-8 THC in West Virginia

Current legal status

Legal

Delta-8 THC is legal in West Virginia. SB 447 established the state hemp program, and hemp-derived cannabinoids are permitted under the framework.

Statute: SB 447

Federal Law Change — November 12, 2026

West Virginia has no recreational cannabis program. Federal restrictions on hemp-derived cannabinoids would eliminate the primary legal source of THC products for consumers in the state.

Learn what's changing →

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All Compounds in West Virginia

CompoundStatus
Delta-8 THCLegal
Delta-9 THC (Hemp)Legal
CBDLegal
THCA🔶Gray Area
HHCLegal
Delta-10 THCLegal
THC-OBanned
THCP🔶Gray Area

By Product Type

Gummies / EdiblesLegal
Vapes / CartridgesLegal
Hemp FlowerLegal
Tinctures / OilsLegal
Topicals / CreamsLegal
Beverages / DrinksLegal

Age Requirement

21+

Shipping Into WV

Legal

Shipping Out of WV

Legal

2026 Federal Law Impact on West Virginia

West Virginia has no recreational cannabis program. Federal restrictions on hemp-derived cannabinoids would eliminate the primary legal source of THC products for consumers in the state.

Full federal ban details →

Note: West Virginia legalized hemp under SB 447. Hemp-derived products are widely available in gas stations, smoke shops, and retail stores. The state has a medical cannabis program but no recreational cannabis.

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