2021 Update
No updates have been made to Cannabis/hemp- CBD laws in West Virginia.
In addition to the federal hemp laws laid out in the 2018 Farm Bill, each state has its own state hemp laws. Before we dive in on West Virginia Hemp Laws and the legality of CBD in West Virginia, it is important to understand the different types of hemp and CBD products that these laws may be applied to.
There are many (somewhat confusing) terms for hemp oil:
- Isolate or THC-Free Hemp Oil has only CBD and all other plant compounds have been removed, THC is undetectable. Pure CBD Isolate can also be purchased in powder form.
- Full-Spectrum Hemp Oil has all plant compounds, including less than 0.3% THC.
- Broad-Spectrum Hemp Oil has undetectable THC, but contains other plant compounds.
- PCR (Phytocannabinoid-Rich) Hemp Oil with Zero-THC is a new marketing term for broad-spectrum hemp oil.
- CBG Hemp Oil is a hemp oil from a cannabigerol (CBG) rich hemp strain that has more CBG than is found in CBD Hemp Oil.
- Hemp Flower is the dried and harvested flower of the hemp plant. It can be used whole or extracted to make CBD isolate, Full-Spectrum CBD, or Broad-Spectrum CBD (PCR Hemp Oil).
FAQ: Hemp and CBD Legality in West Virginia
When it comes to buying CBD products, hemp flower, and hemp cigarettes here are some frequently asked questions that come up:
Is Full Spectrum CBD Legal in West Virginia?
That is a trick question because full-spectrum CBD is not the same as the so-called PCR Hemp Oil! This new marketing term is certainly introducing even more confusion around CBD products.
As of Summer 2020, West Virginia has adopted legislation that regulates its CBD market. West Virginia hemp laws regulate hemp products and hemp cultivation. The state's laws are similar to those of New York and Virginia, which also required CBD companies to follow FDA Dietary Supplement (GMP) Regulations for production, manufacturing, and labeling.
Is It Legal to Ship PCR Hemp Oil to West Virginia?
It is legal to ship ALL types of hemp products with less than 0.3% THC to all US States according to the 2018 Farm Bill.
Where to Buy Full Spectrum CBD Oil in West Virginia?
If you are looking to buy CBD in West Virginia, you can do so in stores or online as long as products comply with the state's thorough requirements.
Do you need a special license to purchase PCR Hemp Oil in West Virginia?
You don’t need a special license to purchase CBD hemp oil (all types) in West Virginia, only to grow, test, or sell products.
How Does West Virginia Legally Define Hemp?
“Hemp” means all parts and varieties of the plant Cannabis sativa L. and any part of the plant, including the seeds of the plant and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not with no greater than 0.3% tetrahydrocannabinol, or the THC concentration for hemp defined in 7 U.S.C. § 5940, whichever is greater.
61-30 Hemp Product Legislative Rule
Growing and Selling Hemp in West Virginia
West Virginia hemp growers and handlers must be registered and licensed with the state. They have a very well defined legal process to follow.
Retail Hemp and CBD products must comply with West Virginia hemp laws:
- Products must come from a registered farm and be produced by a registered manufacturer
- Products must be tested by a licensed laboratory
- Retailers must also be registered
- The THC must be reported as “total THC” and must contain no more than 0.3% THC
- Farmers, processors, manufacturers, and retailers must all be registered
In addition to West Virginia state CBD laws and the 2018 Farm Bill hemp laws, the US Food and Drug Administration (FDA) has additional requirements for CBD and hemp companies to meet.
West Virginia state hemp laws allow for CBD products such as:
- Hemp topicals
- Hemp concentrates and extracts (oils and tinctures)
- Industrial hemp for building or fiber materials
- Industrial hempseed (food product)
- Industrial hempseed oil (food product)
West Virginia CBD Labeling Laws
The West Virginia hemp law 61CSR30 TITLE 61 SERIES 30 HEMP PRODUCTS §61-30-7 Labeling explains that CBD products in West Virginia must be labeled in accordance with FDA Dietary Supplement Regulations. The law extensively explains the stringent requirements that products must meet to be considered legal in West Virginia (even if produced in another state).
7.1. Hemp products that contain CBD for human consumption as a food or dietary supplement shall be labeled in accordance with FDA guidelines for food or dietary supplement labeling.
7.2. Hemp products produced for topical absorption by humans shall be labeled in accordance with FDA guidelines for Cosmetic Products Warning Statements.
7.5. Hemp products meant for animal consumption shall be labeled and comply with all other applicable federal laws and regulations.
7.6. Hemp seed products intended for cultivation shall be labeled in accordance with the West Virginia Seed Law, West Virginia Code §19-16-1 et sea.
7.10. Labels will be considered misbranded when a WVDA analysis finds the claim is above or below 20% of the amount declared on the label.
61CSR30 TITLE 61 SERIES 30 HEMP PRODUCTS §61-30-7 Labeling
West Virginia CBD Labeling Restrictions
The following are explicitly prohibited by West Virginia hemp laws:
- 51% or more of the hemp used in a product must be grown in West Virginia in order to make the claim the product is a 'West Virginia Hemp Product' no product with less than 51% West Virginia grown hemp can make that claim.
- Labeling cannot be appealing to children (no cartoons, no images popularly used to advertise to children, and nothing that imitates candy labeling.
- West Virginia CBD labeling requires that labels cannot include false or misleading information (absolutely no medical claims or other unproven claims that are not supported with clinical trials).
- No claims related to diseases or drugs (medical claims) can be made on the label unless the claim is approved by the FDA through a clinical trial.
- CBD labels cannot include the use of the word “organic” unless the product has been certified as organic in accordance with the National Organic Program; this means that the certifying agency must be registered with the USDA.
West Virginia CBD Labeling Requirements
- Lot/batch number that is traceable to the plant origin
- Generic or common name of product
- CBD and THC must be properly identified on the label
- Net weight or volume of the contents in metric and US customary units
- The label must be clear and legible
- The label must be printed in English
In addition to these general CBD labeling requirements, West Virginia hemp laws mandate that the information panel of the label must contain the following specific information in cooperation with meeting FDA Dietary Supplement Labeling Requirements:
- Manufacturer’s name and contact information
- Manufacturing or packaging date
- Lot/batch number
- Instructions for use and any preparation needed
- List of all ingredients in descending order by weight or volume
- Allergens if applicable
- Artificial food coloring, if applicable
- Expiration or use by date
- Refrigeration or refrigerate after opening warnings, if perishable after opening
- For edible products, sodium, sugar, carbohydrates, and total fat per serving (edible CBD products are not federally legal)
- Cannabinoid content, in milligrams, may be posted on either the primary or informational panel
- THC or CBD content per package for all manufactured products; and THC or CBD content per serving for all edibles and concentrates, with designated serving sizes
For label cannabinoid content, a QR code, or similar tool, may be used in lieu of labeling requirements on the physical label’s informational panel for all required information (except that required by sections 7.13.a and 7.14 of 61CSR30 TITLE 61 SERIES 30 HEMP PRODUCTS). These West Virginia hemp laws define THC as 'total THC' as follows:
“THC” means tetrahydrocannabinol and is used interchangeably with “Total THC”. “Total THC” means the quantifiable amount of delta-nine THC plus the amount of tetrahydrocannabinolic acid in a product.
61CSR30 TITLE 61 SERIES 30 HEMP PRODUCTS
