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Delta-8 may become illegal in West Virginia. The state senate passed a bill in March 2023 that will ban delta-8 THC products but it has yet to be passed in the House and signed into law by the governor.
Here’s what you need to know about delta 8 THC legality in West Virginia.
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West Virginia Delta-8 THC Laws
West Virginia lawmakers are currently considering Senate Bill 546, which would add delta-8, delta-9, delta-10, and other forms of THC to the state’s list of illegal drugs.
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.
The bill passed the West Virginia Senate. But it has to pass the House of Representatives and be signed into law by the governor before it’s active.
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, pain relief, and increased appetite. 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 anxiety.
Delta-8 is essentially a weaker, safer, legal alternative to marijuana and THC.
Why Delta-8 THC is Federally Legal
While the federal government considers marijuana and delta-9 THC as illegal, Schedule 1 controlled substances, delta-8 not on this list. That means it’s 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 most vendors make delta-8-tetrahydrocannabinol from hemp-derived CBD via a unique chemical process.
The 2018 Farm Bill legalized hemp across the United States. Therefore, hemp-derived delta-8 THC is legal under federal laws.
Another key point is that delta-8 THC is not considered a synthetic cannabinoid because it’s made from a natural source. Therefore, it doesn’t fall under the list of banned (Schedule 1) synthetic cannabinoids included in the 2012 Synthetic Drug Abuse Prevention Act.
Delta-8 products have become popular because they’re a legal alternative to marijuana and THC in states where they’re illegal.
States Where Delta-8 THC is Illegal
Delta-8 THC is currently illegal in 14 states: Alaska, Colorado, Delaware, Idaho, Iowa, Montana, New York, Nevada, North Dakota, Oregon, Rhode Island, Vermont, Utah, and Washington.
Future of Delta-8 THC in West Virginia
It looks like there’s a good chance delta-8 will become illegal in West Virginia. But we’ll have to wait and see what happens to the bill in the House of Representatives.
Considering that there are many businesses selling delta-8 products in West Virginia, I’m sure they will urge the lawmakers to kill or change the bill.
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.
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.
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…
Hey Jordan, thanks for the comment, you are correct. Edited
As of March 16th, SB546 was passed by the house, and has been sent to the Governor’s office. Not looking to promising for WV as I have little doubt Gov. Justice will sign this legislation into law.