In the past few years, CBD has gained a stable legal status in almost every State of the United States. And when the question arises, Is CBD Oil Legal in West Virginia? Then Yes, hemp-derived CBD is legal in West Virginia.
In 2002, with the passage of senate bill 447 hemp as Cannabis with no more than 1% THC became legal in the State. The West Virginia Hemp development Act passed in 2018 by State and further in 2019 State 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, to make the Cannabis-derived CBD usage for therapeutic purposes.
The State began the licensing procedure to find out the potential growers, processors, and traders of Hemp in West Virginia. Cannabis-derived CBD is available on the licensed dispensaries, and patients can get that after revealing the medical permit. However, CBD sourced from Hemp is legal with full liberty, and the user can find it from the retail shops without any medical certificate or license.
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To know the CBD status evaluation in West Virginia, let’s move forward and find out the specific laws and possession rules of this natural drug in the State.
What is CBD?
CBD is a non-intoxicating natural drug derived from Cannabis. CBD shares the extreme space in the cannabis plant after THC. We would sum up CBD as antibacterial, anti-inflammatory, analgesic, anti-seizures, neuro-protectant, pain-reliever, muscle relaxants, and anxiety reliever product.
It is on a factual basis that CBD is non-psychoactive kin of THC, but it is not as CBD has the psychoactive properties. In the medical field, CBD has proved its worth already in medical therapy.
CBD has 0.3% THC, that is the surety it doesn’t make you high, and doctors can try it in my fazing conditions. 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 the 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.
Also, Read about Is CBD Legal in Wisconsin?
Why is CBD Illegal at a Couple of Places?
First of all, CBD is considered safe because of the minimal quantity of THC and its insane benefits for human health. It’s a fact that all kinds of Cannabis with intoxicating properties are illegal under the Act of the Federal Controlled Substances of 1970.
2018 brought a revolution for Hemp and hemp-derived products. The cultivation of Hemp became federally legal for medical purposes with farm bill update. Few of the Cannabis sharing the place in Schedule 1 list were removed from the panel and got legal status.
So, CBD derived from Cannabis with 0.3% THC became legal with the exact following of State and federal laws.
Food and Drug Administration has the authority of regulating the CBD product labeling, keeping a check on a therapeutic claim for CBD, and usage of CBD for recreational and dietary purposes. FDA, on use, has non-allowed the advertisement of hemp-derived CBD as a dietary item or add to food and beverages.
The Food and Drug Administration had this stance for long, but now it has softened these regulations and started allowing the dietary usages of CBD. Moreover, Farm Bill has given this authority to states to allow or disallow the cultivation and business of CBD. But strict regulations must be of the State’s duty under this Farm Bill.
Now, lets find out Is CBD Oil Legal in West Virginia?
West Virginia CBD Laws
It’s explicit that CBD from Hemp with 1% THC is legal in West Virginia state. West Virginia legislature allowed the growth and process of industrial Hemp in 2018 under the Act of West Virginia Industrial Hemp development. Right after the CBD legislation in 2018, US Farm Bill got approval into law, and the legislative got an update.
West Virginia revised it’s CBD laws and legalized the cultivation, processing, and commerce 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, and the handling and shipment of industrial Hemp.
This Bill demonstrated these rules:
Hemp, with an amount of 0.3% THC, is cultivatable otherwise not included as an agricultural commodity. The possession, handling, transportation, and trade of hemp-derived CBD is allowed without any license.
Furthermore, hemp-derived CBD is not in the list of controlled or adulterant substances. The Bill further stated that edible products, including CBD as an ingredient, are not part of controlled items but the food and beverage.
West Virginia State allows the out of the state trade of Hemp and CBD products, conflicting from some other US states. The restriction is just the abidance of state laws during cultivating and processing of Hemp.
In April 2017, Bill 386 passed in the senate that legalized the Cannabis sourced CBD in the West Virginia State. Cannabis-derived CBD is accessible and purchasable in the State for qualifying patients with the hold of a medical certificate by an authorized physician.
CBD Licensing Requirements in West Virginia
As to know is CBD Oil Legal in West Virginia? It also essential to know the licensing rules in the state. House Bill 2694 has all required detail about licensing guidelines of CBD In West Virginia.
The agricultural commissioner issues the license 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 check of federal and State background. The applicants found guilty in any subject will not continue with the licensing process.
After getting the licensing approval, the licenses will have to submit documentation containing the Hemp fact. And Hemp obviously should contain 0.3% or less amount of THC. The license holders will provide the complete map of land where they will cultivate and process industrial Hemp.
The agriculture department will not bear a single violation of rules and regulations. Those who will grow Hemp containing more than 0.3% of THC and guilty of other terms of law three times within five years will get punishment. They will get the elimination from licensee status and also a ban on growing or processing Hemp for five years.
Local law enforcement authorities will deal with the grower who intentionally violates the Virginia Hemp laws for cultivation.
West Virginia CBD Possession Limits
West Virginia has not issued any statement about the possession limit of industrial Hemp. So, there is no possession limit yet.
Industrial hemp-derived CBD has no possession limit in West Virginia currently. But Marijuana CBD has possession limit, and no one can get it without the qualifying medical condition.
Qualified patients can possess the thirty-day supply of cannabis-infused products. The products include CBD in the form of tinctures, oils, pills, topicals, types of vaporization, and nebulization, excluding dry leaf plants.
Laws are strict, and the possession of Cannabis-derived CBD without any permission certificate is a crime and will lead to punishment. The person committing this felony can face 90 days to 6 months of prison with a $1000 penalty.
After knowing about Is CBD Oil Legal in West Virginia? Now the need is to understand the CBD availability.
Where to Buy CBD in West Virginia?
The State allows Hemp-derived CBD with great liberty, and Cannabis-derived CBD under strict laws. The West Virginia State has many CBD-specific stores to buy the hemp-derived CBD. Regional health stores, grocers, and drugstores are also dealing with CBD products.
The number of CBD stores and dealers will increase in the State as the hemp production inclines. However, the Cannabis-derived CBD is just a matter of licensed dispensaries in the State.
Another way of acquiring CBD is online stores that make the purchase easy. There are several online CBD stores from where the consumer can buy CBD products, read the product descriptions, and consumers reviews and order online products. CBD producing companies also have online stores to convey the customers’ desired outcomes from the industry.
A large number of people like online shopping as it saves time, giving you an edge of researching and comparing products accurately, and makes it easy to collect product information.
Hopefully, in this article, you have learned the answer to Is CBD Oil Legal in West Virginia? Cannabis laws have loosened a bit in West Virginia, but still, there is a long path for the State to enjoy full liberty. So, this is the reason that the State has become familiar with this natural drug more than ever. The high number of users is maintaining its effectiveness for sure.
The state interference is mere, and the industry is growing in this State on its strong shoulders. Users can enjoy the Hemp sourced CBD freely, and Cannabis sourced CBD restrictively. In West Virginia, it is preferable to buy CBD oil online to experience fast, smooth and comfortable service.