West Virginia’s CBD laws are more lenient than the laws in other states in some regards, but the consequences for breaking those laws are more severe. Luckily, they’re pretty easy to understand, and the state hasn’t changed the laws around to cause any sort of confusion.
Since breaking West Virginia’s CBD laws comes with some pretty harsh consequences, you probably want to stay on the good side of the law. To help you do that, we’ve created this guide that will cover each of West Virginia’s CBD laws, and we’ve added some CBD-related tips and information at the end.
Most of West Virginia’s laws are the same standard laws that you see across the nation. Some of the regulations are even more lenient than what you’ll see in other states. However, the state isn’t as lenient when it comes to breaking CBD laws. Most other states won’t punish you too much for breaking the rules regarding CBD products, and most police officers in other states will try to educate you before punishing you, but West Virginia’s law enforcement officers and prosecutors will fine you or throw you in jail if you can’t follow the rather lenient regulations. So, make sure you always follow the following rules .
Is CBD Legal In West Virginia?
CBD has been legal in West Virginia since earlier this year. As long as your CBD products are below the .3 percent THC limit, and they are derived from industrial hemp plants, you can use them without worrying.
Can I Make Therapeutic Claims About My CBD Products?
If you own or work at a store that sells CBD products, you cannot mention any therapeutic benefits in any way. You can’t even put the benefits on a product’s box. Once you do that, you are breaking FDA guidelines, and you are breaking the law in West Virginia.
However, you can mention that you have noticed a difference in customers who purchased a specific product, and you can mention that other customers have praised a specific product. Just don’t make any medical claims.
If you do get caught breaking this law, you risk being fined very heavily, and if you repeatedly break it, you may end up getting shutdown.
Do I Have To Buy CBD From A Dispensary?
There are no official CBD dispensaries in West Virginia. However, the state’s officials are currently working to open a few. It will take a while for that to happen. The people who run the dispensaries must be licensed, the dispensaries have to be built, and they have to get enough products to stock each dispensary. They are on their way, though.
For now, you can simply buy CBD from several small stores, CBD shops, vape shops, and pharmacies. Walmart even offers a few CBD products. If you don’t want to drive out to the store, you can just order your products online. The only rule that you must follow for online purchases is that the products you buy cannot contain more THC than what the state’s limit allows.
Whatever you do, make sure you purchase your products from proper retail establishments. We’ll go more in-depth about this later on, but CBD products must be made from industrial hemp. They cannot be legally made from some random plant in your friend’s basement.
Are Edibles Illegal In West Virginia?
This might come as a surprise to you, but West Virginia allows you to purchase and use CBD edibles. The other states that have standard CBD laws typically don’t allow their residents to purchase edible CBD products. That’s because of the FDA’s guidelines. West Virginia doesn’t care about edibles.
However, edibles must be made to the same standards as all other food items, and they must come from a licensed distributor. Your local bakery can’t legally sell homemade CBD cookies. The food items must be tested to prove that they are compliant with the state’s laws, and those tests are typically only done in food-production facilities.
Can I Grow Hemp To Make My Own CBD?
You cannot grow your own hemp in West Virginia. In order to grow hemp legally, you must be a part of the state’s industrial hemp program, and you must be properly licensed. All CBD products must also be made from legally grown hemp. That’s why we said you couldn’t buy homemade products earlier.
Don’t get too upset about that, though. Growing hemp and turning it into CBD is expensive. You would spend a lot more money trying to make your own little vial of CBD oil, and it’s not necessary. West Virginia allows you to buy whatever you want at fair prices.
Can I Travel With It?
You can travel with your CBD products. West Virginia’s law enforcement officers don’t care if you drive around with a bag full of CBD oil. You can bring it on public buses, trains, and other public transportation systems, too.
However, West Virginia’s laws won’t protect you if you travel beyond the state’s lines. If you travel out of the state, you must follow the rules of whatever state you travel to. Keep that in mind when you go to travel and use our other guides to brush up on your destination’s CBD laws.
Can My Doctor Prescribe CBD To Me?
Even if you have a medical condition that can be treated with CBD, doctors are not allowed to prescribe it. They can suggest that you go purchase some, though. They’re some of the only people who are legally allowed to tell sick people to try CBD oil due to the ban on therapeutic claims.
However, if you have a medical marijuana card, your doctor can write a note of certification that will allow you to purchase medicinal CBD oil that is approved by the FDA.
The federal CBD laws aren’t as easy to understand as West Virginia’s laws. In fact, they’re why all of the states have different laws. They’re just too confusing. So, we’re going to break the basics down in this section.
The Federal Government’s Mindset
When it comes to CBD, the federal government has made a habit out of providing answers that don’t answer any of the questions CBD users and state officials have. For instance, the 2018 Farm Bill doesn’t legalize CBD products directly. It legalizes hemp-derived products, but it also considers CBD to be a drug that falls under the FDA’s control. So, CBD should be legal in all 50 states because it’s a derivative of hemp, but since it is under the FDA’s control, the FDA has decided to prohibit its sale until it is fully tested. That has confused just about every state official in the country.
When state officials ask about the legality of CBD, they are typically brushed off, and they are told that hemp-derived products are legal, but they should contact the FDA about CBD.
Frequent travelers have been affected by the government’s lack of solid regulations. The TSA has to uphold FDA rules, and since every state is different, traveling by car can be a serious problem for CBD users. They might think that their products are perfectly legal, but the state they’re in might not allow their products. So, a lot of travelers end up getting fined or charged with a crime for carrying something that is legal in their state of origin.
The easiest way to avoid those problems is to thoroughly research any state that you intend to travel to. You can also choose to leave your CBD at home, and you can just buy some when you get where you’re going.
Solving The Problem
Those problems are being solved. So, it’s not all bad news. A lot of state representatives are tired of trying to work through loopholes and red tape just to legalize CBD, and they’re putting a lot of pressure on the FDA and the federal government. Right now, the FDA is saying that the problems will be resolved within five years, but it might not take that long if more people pressure them.
How To Use It
You can buy anything you want in West Virginia. None of the regulations really limit you when it comes to CBD that only has trace amounts of THC. So, here are a few of the products that we suggest trying.
You have access to a lot of different CBD edibles in West Virginia. They’re all prepackaged, and they’re mostly snack items, but you have a lot to choose from. Cookies, gummy candies, and chocolates are some of the best tasting ones, and they tend to last quite a while. You only eat one or two when you use them, and they come in substantial amounts.
CBD Topical Creams
If you’re dealing with any sort of muscular or joint pain, you should try one of the many topical CBD creams on the market. They work wonders, and they don’t have any effects that will prevent you from carrying on your normal routine.
CBD pet products aren’t heavily regulated in West Virginia. So, you can pick them up at all of the same place that you can find normal CBD products. They’re great for old dogs and anxious pets.
West Virginia is a fairly progressive state when it comes to CBD. You don’t have a lot of contradicting laws to worry about, and you have access to pretty much any type of CBD product you can imagine. However, you should follow the few laws that West Virginia has in place. Other states tend to be relaxed when it comes to enforcing their CBD laws, but West Virginia is very strict. You should expect to get the book thrown at you if you break one of West Virginia’s lenient laws.