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is cbd legal in wv

However, not every form of CBD-infused products is legal in the Mountain State. You could get in trouble if you disobey the laws of the state regarding the use of cannabis and its derivatives. That said, it’s important to understand the difference between oils derived from marijuana and oils derived from hemp, why they’re different, and which one is allowed to use and possess in the state.
This is bad news for advocates of cannabis since the only way to obtain marijuana-derived oil is to enroll first in the state’s medical marijuana program. You can’t be enrolled if you don’t have a qualifying medical condition, which puts a lot of residents off of the program.
CBD has made its way into the health and wellness industry with its impressive range of health benefits. For this reason, CBD retailers have begun appearing in many states as well as online. This had made buying CBD oil in West Virginia easy as the state houses several brick-and-mortar stores that offer a line of this healthy product.
While WV’s medical marijuana program is yet to be implemented, the plant’s recreational use is still illegal and considered a misdemeanor that’s punishable with a $1,000 fine and a prison time of up to six months, regardless of the amount of marijuana in possession.
The state made medical marijuana legal in 2017, but dispensaries are scheduled to open in 2019. when this happens, residents will be able to buy marijuana-infused products from there, including oils, extracts, patches, topicals, pills, and edibles.
CBD products are legal in West Virginia so long as the THC level isn’t beyond 0.3%. This brings us to the distinction between CBD cannabis oil and CBD hemp oil. Both products are derived from the same plant, the cannabis sativa, but marijuana and hemp are different varieties of said plant with different effects on the human body.
However, there is another option, which comes in the form of CBD hemp oil, which is legal.
The marijuana variety of the cannabis plant has significant amounts of THC, the plant’s psychoactive compound. This means that the regulation for marijuana-based oil, or cannabis oil, falls under the same regulations as marijuana itself.
All products derived from industrial hemp, another variety of the cannabis plant, are legal under the 2014 Farm Bill, which allows for the cultivation and sale of hemp-derived products. Because it is a federal law, this means that residents of the state won’t encounter any problems with the law should they buy oils derived from hemp.
CBD has made its way into the health and wellness industry with its impressive range of health benefits. For this reason, CBD retailers have begun appearing in many states as well as online. This had made buying CBD oil in West Virginia easy as the state houses several brick-and-mortar stores…
Truthfully, much of the discourse and confusion comes from the vast differences in the ways that some states handle CBD law. The federal Farm Bill in 2014 purportedly legalized the industrial hemp industry. But for reasons that vary based on the states and their leaders, some jurisdictions still take hard stances against some forms of low-THC CBD.
For the industrial hemp sold over-the-counter all over the state, age requirements are almost always going to be eighteen. In some stores institutional policy might dictate that this age be upped to twenty-one, but most establishments stick to eighteen as a starting place for age restrictions for CBD.
Though some states have taken either an embracing or hardline approach against CBD and the hemp industry, West Virginia’s approach seems relatively middle-of-the-road. For CBD users in West Virginia, the state’s industrial hemp pilot program means that it shouldn’t be hard to legally obtain and consume low-THC CBD. Even for those users of CBD looking for a higher THC content, the medical cannabis law the state passed in 2017 makes it possible for some citizens to access high-grade medicinal CBD.
Medical cannabis is typically given primarily to patients over the age of eighteen. However, in select cases doctors might be able to sign a prescription for medical cannabis or CBD for a minor, so long as the child’s parent or legal guardian signs a document consenting to the prescription being given to their child. But in most cases, norms of medical practice dictate against over-medicating minors, especially with something like cannabis.
Next, the state followed in the footsteps of most U.S. jurisdictions in codifying an industrial hemp pilot program, placing the program’s tenants in sections 19-12E-1 to 19-12E-9 in their codebook. This pilot program effectively makes it legal for organizations to produce, cultivate, and distribute derivatives of the industrial hemp plant, provided that the products have only a trace amount of THC, the psychoactive ingredient found in marijuana.
This guide has been created to help to clarify some of the main laws pertaining to CBD in the state of West Virginia. As always, this work does not constitute legal advice, and the individual reader is solely responsible for ensuring that they do not violate any local, state, or federal regulations.
Medical CBD with high THC content can only be found in medical dispensaries, of which there are precious few in the state of West Virginia. However, CBD with a low THC content being sold under the protection of either the federal Farm Bill or West Virginia’s industrial hemp pilot program can be sold in gas stations, head and smoke shops, and even average convenience stores.
While the state has not yet passed legislation legalizing adult use recreational cannabis, this may very well be the next step, one that will push West Virginia from a middle-of-the-road legislature on the topic of cannabis and hemp to a progressive state with a booming marijuana industry. Even despite the seemingly clear nature of most of West Virginia’s laws pertaining to CBD, many consumers within the state still have resounding questions regarding the complex legal situation surrounding the substance.
Three pieces of legislation make up the comprehensive marijuana and hemp regulatory framework in West Virginia. The first to pass was the state’s medicinal cannabis law, which was instituted in 2017 via Senate Bill 386. This piece of legislation allows sufferers of select debilitating conditions to gain access to high-grade medical cannabis from one of several licensed medical dispensaries in the state.
CBD Oil Legality in West Virginia: Cannabidiol State Law Regulations in WV, USA Though some…