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News And Legislation

Is Delta-8 THC Legal in West Virginia? Delta 8 Legality 2023

Delta-8 THC, one of the most popular cannabis substances, is officially legal according to the Farm Bill 2018. The delta-8 must be from hemp in order to be legal. Despite this, each state follows its particular hemp regulation, which is why hemp products aren’t accessible in all states. First, let’s see if West Virginians are lucky enough to enjoy Delta-8. Is delta-8 THC legal in West Virginia? We’ll find out!


Fortunately, West Virginia is among the states that have recently revised their laws to legalize hemp broadly. However, although it’s legal here, consumers should stay up to date with the state’s Delta-8 rules before purchasing.


Is Delta-8 THC Legal In West Virginia?


For a long time, federal law in the United States made all cannabis illegal. Then, it did not matter how much delta-9 THC was in cannabis. However, two historical sections of the act often referred to as the “Farm Bills,” were passed by Congress in the 2010s.


According to these legislations, extremely low delta-9 concentrated hemp is separate from relatively high THC cannabis. As a result, the hemp itself and the Farm Bill ultimately permit hemp derivatives and extracts. Derivatives and extracts must also maintain this low level of delta-9, which is under 0.3%.


Regarding the legalization of hemp and products derived from hemp, West Virginia follows House Bill 294. This bill goes along the same path as federal law. Any part of the cannabis plant (cannabinoids, isomers, salts, isomers’ salt, and any other extracts) having below 0.3% Delta-9 is legally hemp.


In accordance, the presence of delta-8 THC in hemp is disregarded when determining whether or not a drug falls under the Controlled Substances Act. All of these changes have made Delta-8 legally accessible within this state. 


Purchasing Delta-8 In West Virginia


In the Mountain State, you may buy Delta-8 and other hemp derivatives. These are available at head shops and even petrol stations since they are legal there. In addition, the local markets in states like West Virginia, Kentucky, Virginia, and Ohio have legalized Delta-8. As a result, the hemp industry is primarily unrestricted and unsupervised.  


But, recently, WVDA (West Virginia Department of Agriculture) has noticed that retailers across the state are offering hemp products illegal hemp by-products. So, as a precautionary measure, WVDA released a public consumer right protection alert regarding this fact. 


It has come to their attention that there are illicit goods on the market that include cannabinoids that do not exist naturally and also recreational marijuana. Therefore, with the help of law enforcement, the WVDA is working on getting rid of any illegal and fake items as soon as possible, as well as warning customers to avoid buying them.

Final Thoughts

If you’re looking for a Delta-8 vendor, you should continue with care. One advantage is avoiding mediators who may need to be more familiar with Delta-8’s effects and applications, as well as the regulations that apply to such items. 


If you want authenticity, faster service, and utmost potency, purchasing delta-8 commodities online is the best option. Grassroots Harvest offers you premium quality Delta-8 products with shipping to your door and all over the United States, wherever this cannabis substance is legal for possessing, usage, and trade. 


However, there are no restrictions on the possession quantity of Delta-8 or any other hemp products. But, without adequate paperwork and lab testing, it might be mistaken for Delta-9 by authorities. Since tetrahydrocannabinol is the only thing that simple lab tests look for in order to prove legal possession, more complex lab tests are what distinguish Delta-8 from Delta-9 content.

Got questions? Let us know in the comments below!

Learn more about delta 8 in a comparison blog here. 

Want to shop premium delta-8 gummies? Click here!

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Jasmin Weber

Jasmin Weber is a seasoned professional in the kratom and CBD industry, contributing her expertise to Grassroots Harvest and GRH Kratom for over three years. A prolific writer, Jasmin crafts engaging content for both the cannabis and kratom websites of these companies and is a recognized voice in related online communities. With a deep-seated passion for the ever-evolving cannabis field, Jasmin dedicates herself to staying at the forefront of industry developments. Jasmin holds a Bachelor of Arts in Human Communication from Trinity University, San Antonio, where she also minored in Creative Writing and Religion, graduating in 2016. Her academic background enriches her ability to communicate complex information clearly and creatively. For collaboration opportunities, Jasmin can be reached at She is keen to explore innovative ideas that advance understanding and engagement in the cannabis and kratom sectors.Bachelor of Arts in Human Communication with Minors in Creative Writing & Religion. Feel free to contact the author at if you have any ideas for collaborations.

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