Is CBD Oil Legal in West Virginia?
In the past few years, CBD has gained legal status in almost every part of the United States. And when the question arises, Is CBD Oil Legal in West Virginia? The answer is a resounding Yes! Hemp derived CBD is legal in West Virginia.
In 2002, with the passage of Senate Bill 447, hemp as with no more than 1% THC by weight became legal in the state. Further, the West Virginia Hemp Development Act passed in 2018 by State and by 2019 the state had updated its Hemp Licensing Program.
According to the West Virginia Medical Cannabis Act, CBD derived from Cannabis is also legal for qualifying medical conditions. The Act was signed on April 19, 2017, legalizing the use of cannabis derived CBD usage for therapeutic purposes.
The State began the licensing procedure to identify and regulate the potential growers, processors, and traders of hemp in West Virginia. Cannabis derived CBD is obtainable from licensed dispensaries, and is available to medical patients upon receiving a doctors prescription. However, CBD sourced from hemp is legal with full liberty, and the user can find it from retail shops without any medical certificate or license.
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What is CBD?
CBD is a non-intoxicating natural compound derived from cannabis. CBD shares the extreme space in the cannabis plant after THC. One can sum up CBD as an antibacterial, anti-inflammatory, analgesic, anti-seizure, neuro-protectant, pain-reliever, muscle relaxing and anxiety relieving product.
It is commonly know that CBD is a chemical cousin of THC, but has none of the psychoactive properties (it won’t get you high). In the medical field, CBD has proved its worth already as a medical remedy.
Legally available CBD products in the US have a maximum of 0.3% THC by the weight. This concentration WILL NOT GET YOU HIGH, and doctors prescribe it to children, the elderly, and is commercially available for pets. Apart from released properties, we are sure that CBD has much more to deliver. And the future will stamp this as a viable therapeutic option.
CBD treats the patients in a more natural way than other medications with no visible side effects, and that’s a win-win situation for CBD. In the past few years, CBD research got a boom and significant investment made in this concern.
Why is CBD Illegal in Some States?
First of all, CBD is considered safe because of the minimal quantity of THC and its outstanding benefits for human health. It’s a fact that all kinds of Cannabis with intoxicating properties are illegal under the federal Controlled Substances Act of 1970.
2018 saw a huge legal victory for hemp and hemp-derived products. The cultivation of hemp became federally legal for medical purposes with the new farm bill legislation. Several of the cannabinoids classified as Schedule 1 controlled substances were removed from the panel and got legal status.
So, CBD derived from hemp with under a 0.3% THC content by weight became legal at the federal level
The Food and Drug Administration retains the authority of regulating the following: CBD product labeling, evaluating therapeutic claims for CBD, and usage of CBD for recreational and dietary purposes. Currently, the FDA does not endorse any medical claims of hemp or cannabis derived CBD as a dietary item.
The Food and Drug Administration maintains this stance for now, but recently it has softened these regulations and is conducting internal studies concerning the usages of CBD. Moreover, the Farm Bill has given this authority to states to allow or disallow the cultivation and sale of CBD. Due the this, each state is allowed to author its own prerogatives concerning the use and distribution of CBD.
West Virginia CBD Laws
It’s explicitly stated that CBD from hemp with 1% THC is legal in West Virginia. The state legislature allowed the growth and process of industrial hemp in 2018 under the West Virginia Industrial Hemp Development Act. Right after the CBD legislation in 2018, US Farm Bill got written into law, and the state laws were duly updated.
With this update, West Virginia revised its CBD laws and legalized the cultivation, processing, and distribution of hemp and hemp derived products. In April 2019, House Bill 2694 was passed with the purpose of clarification of hemp related rules. The Bill clarified the regulations on hemp licensing procedure, possession laws, as well as the handling and shipment of industrial Hemp.
This Bill elucidates the following rules:
– Hemp, with up to an amount of 0.3% THC by weight, is cultivatable and classified as an agricultural commodity. The possession, handling, transportation, and trade of hemp-derived CBD is allowed without any license.
– Hemp derived CBD is not in the list of controlled or adulterated substances. The bill further states that edible products, including CBD as an ingredient, are not classified as controlled items but simply foodstuffs and beverages.
West Virginia allows for the out of the state trade of hemp and CBD products. Any restrictions for out of state product concerns the abidance of state laws during the cultivation and processing of hemp.
In April 2017, Bill 386 passed in the state senate that legalized cannabis sourced CBD in the state. Cannabis derived CBD is accessible and purchasable in the State for qualifying patients with a prescription by an authorized physician.
CBD Licensing Requirements in West Virginia
Another key part of the is CBD Oil Legal in West Virginia question concerns licensing. Knowing these requirements are critical for participating in this market! House Bill 2694 outlines all necessary licensing guidelines of CBD in West Virginia. The following are the key points:
– The agricultural commissioner issues all licenses in West Virginia. Hemp cultivators and processors must apply on a form given by the commissioner. The permit needs annual renewal and expires on December 31 of every year.
– The candidates who apply for the license will face a complete background check at both federal and state levels. Convicted felons may not continue with the licensing process.
– After getting the licensing approval, the licensees will have to submit documentation containing the hemps chemical analysis. Industrial hemp being used to produce CBD products must contain 0.3% or less by weight of THC. Further, license holders must provide a complete map of land of where they will cultivate and process industrial hemp.
– The agriculture department will revoke licenses for violations of rules and regulations. One example of a violation is growing hemp containing more than 0.3% of THC. A licensee found to violate this or any other terms three times within five years will be subject to censor. Punishment can include a license revocation.
Local law enforcement will deal with the grower who intentionally violates the West Virginian hemp laws for cultivation.
West Virginia CBD Possession Limits
West Virginia has not issued any statement about the possession limit of industrial Hemp. As such, there is no possession limit yet.
Industrial hemp derived CBD also has no possession limit in West Virginia. But marijuana derived CBD does has possession limit, and no one can get it without the qualifying medical approval.
Qualified patients can possess a thirty day supply of cannabis infused products. The products include CBD in the form of topical, oral, and inhalants (ie: vaping).
Laws are strict, and the possession of cannabis derived CBD without a prescription is a crime and can lead to punishment. The person committing this FELONY can face up to 6 months of prison with a $1000 fine.
Since we now know the answer to Is CBD Oil Legal in West Virginia, lets check out where to get it!
Where to Buy CBD in West Virginia?
The state allows hemp derived CBD. Cannabis derived CBD remains under strict regulation. WV has many CBD specific stores (recreational) to buy hemp derived CBD. Regional health stores, grocers, and drugstores are also capable of selling CBD products.
The number of CBD stores and dealers will increase as hemp production increases. However, the cannabis derived (medical) CBD is a matter of finding a licensed dispensary in the state.
Another way of acquiring CBD is online CBD shopping. There are many online CBD stores from where the consumer can buy CBD products, read the product descriptions and reviews, and order online products. Many CBD companies also have open forums to convey the customers’ desired outcomes from the industry.
A large number of people like online shopping. It saves time, gives one an edge for researching and comparing products accurately. This is incredibly important in today’s world.