Is Delta-8 THC Legal in West Virginia? (April 2023 Update)

By | Updated on August 23, 2023

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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.

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 17 states: Colorado, Delaware, Hawaii, Idaho, Iowa, Massachusetts, 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.

7 thoughts on “Is Delta-8 THC Legal in West Virginia? (April 2023 Update)”

  1. I use Delta-8 for seizure control. If they ban it here in WV I will be screwed. This is an amazing product, and I don’t have to take pharmaceuticals which who knows what is contained in them.

    • That sucks, I know a lot of people are using D8 products medically. Cannabis should be legal for medical use everywhere, it’s ridiculous to ban a plant that’s been used for thousands of years.

  2. The bill was passed on the senate, it still has to go to the house and the governor’s office, you’re article is spreading misinformation as it’s not illegal yet. A bill passed by one judiciary counsel is not a law until its passed by both and signed by the governor…

  3. This doesn’t make sense. On one hand you say it’s illegal but stores can sell it if the THC is under a certain percentage. So which is it? Is the stuff illegal or not?

    • Delta-8 THC and similar manmade (made from CBD) forms of THC like delta-10 are illegal in West Virginia. However, if you have a state license, you’re allowed to sell hemp-derived products containing up to 0.3% delta-9 THC (the natural form of THC found in hemp and cannabis).


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