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The West Virginia government passed a bill in March 2023 that bans delta-8 and other forms of THC. Here’s what you need to know about delta 8 THC legality in West Virginia.
Delta-8 THC is illegal in West Virginia effective June 8, 2023. Delta-9 and delta-10 THC are also banned.
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West Virginia Delta-8 THC Laws
West Virginia’s governor signed Senate Bill 546 into law on March 29, 2023, which adds delta-8, delta-10, and other “synthetic equivalents” of THC to the state’s list of illegal drugs. That means delta 8 is illegal. The law becomes active on June 8, 2023.
Under the new rules, sellers of intoxicating hemp-derived products must have a state license and cannot sell products with more than 2 mg THC per package or 0.3% overall.
The bill was introduced because of concerns that delta-8 THC products which resemble candies and other sweets could be harmful to children who don’t fully understand what they contain.
What Is Delta-8 THC?
Delta-8 THC (delta-8-tetrahydrocannabinol) is a form of THC. THC is the cannabinoid that gets people high when they take cannabis. Many people only know delta-9-tetrahydrocannabinol, which is what people are referring to when they say “THC.”
Delta-8 has similar effects to delta-9, like euphoria, red eyes, sedation, soreness relief, and the munchies. However, studies show that delta-8 is only about 66% as potent as delta-9 (1). That means it has a lower chance of causing side effects, like panic attacks.
Delta-8 is essentially a weaker, safer, legal alternative to marijuana and THC.
Why Delta-8 THC is Federally Legal
Cannabis plants (both hemp and marijuana) naturally produce small amounts of delta-8 THC. However, this isn’t enough to make products, so manufacturers make delta-8-tetrahydrocannabinol from hemp-derived CBD through an isomerization process.
The 2018 Farm Bill legalized hemp across the United States. Therefore, hemp-derived delta-8 THC is legal under federal law, even if this is an unintended loophole.
States Where Delta-8 THC is Illegal
Delta-8 THC is currently illegal in 18 states: Alaska, Arkansas, Colorado, Delaware, Hawaii, Idaho, Iowa, Montana, New Hampshire, New York, North Dakota, Oregon, Rhode Island, Vermont, Utah, Virginia, Washington, and West Virginia.
Future of Delta-8 THC in West Virginia
If West Virginia legalizes recreational cannabis, there’s a good chance it will also allow the sale of delta-8 products at licensed dispensaries. But we’ll have to wait and see when that happens.
Gleb is a freelance writer from Vancouver, Canada specializing in CBD and cannabis. He’s read thousands of studies on CBD and other supplements, helping him translate complex science into plain language. Gleb has tried and reviewed dozens of CBD brands and products, written third-party testing reports, and knows the CBD industry inside and out. When not writing, he likes to kickbox, travel, and tell everyone how awesome intermittent fasting is.