US State

Cannabis and hemp laws

West Virginia

Recreational marijuana illegal, medical legal

Adult use
Illegal
Medical
Legal
Last reviewed
May 27, 2026

West Virginia

Cannabinoid status board

All states and compounds

Delta-10 THC

Illegal

Limits

Delta-10 THC is Schedule I under SB 546 outside the narrow Industrial Hemp Act and Medical Cannabis Act carve-out. Chemically converted retail delta-10 does not fit that carve-out.

Key law

WV SB 546 (2023) Schedule I delta-tetrahydrocannabinols; SB 220 (2023) §19-12E-12; Industrial Hemp Development Act §19-12E-1 et seq.; ABCA retail rule effective May 15, 2025

Effective

June 8, 2023

Full rules

Delta-8 THC

Illegal

Limits

Delta-8 THC is Schedule I under SB 546 unless produced as a compliant product under the Industrial Hemp Development Act or the Medical Cannabis Act. Most retail delta-8 is chemically converted from CBD and falls outside that carve-out.

Key law

WV SB 546 (2023) Schedule I delta-tetrahydrocannabinols; SB 220 (2023) §19-12E-12; Industrial Hemp Development Act §19-12E-1 et seq.; ABCA retail rule effective May 15, 2025

Effective

June 8, 2023

Full rules

Delta-9 THC

Restricted

Limits

Hemp at or below 0.3% delta-9 THC on a dry-weight basis. WVDA permit and ABCA per-location permit required. Age 21. 11% excise tax. Medical cannabis runs through OMC-licensed dispensaries.

Key law

WV Industrial Hemp Development Act §19-12E-1 et seq.; SB 220 (2023) §19-12E-12; SB 546 (2023); SB 386 (2017) Medical Cannabis Act; ABCA hemp/kratom retail rule effective May 15, 2025

Effective

May 15, 2025

Full rules

HHC

Illegal

Limits

HHC is produced by hydrogenation and is a synthetic cannabinoid. SB 546 (2023) reaches synthetic THC isomers and HHC does not fit the narrow Industrial Hemp Act and Medical Cannabis Act carve-out.

Key law

WV SB 546 (2023) Schedule I tetrahydrocannabinols and synthetic isomers; SB 220 (2023) §19-12E-12; Industrial Hemp Development Act §19-12E-1 et seq.; ABCA retail rule effective May 15, 2025

Effective

June 8, 2023

Full rules

THCA

Restricted

Limits

Hemp at or below 0.3% delta-9 THC on a dry-weight basis. Retailers need a WVDA permit under §19-12E-12 and a per-location ABCA permit. Age 21 minimum. 11% excise tax.

Key law

WV Industrial Hemp Development Act, WV Code §19-12E-1 et seq.; SB 220 (2023) §19-12E-12; SB 546 (2023); ABCA hemp/kratom retail rule effective May 15, 2025

Effective

May 15, 2025

Full rules

No items found.
State partnerBecome the exclusive partner for this stateOne brand per state, shown beside the status board to operators and buyers checking the rules.See partner options

West Virginia

Latest news and analysis

All news

West Virginia 2025: ABCA's New Hemp & Kratom Retail Rule—Permits, Age‑21, and On‑Site Compliance

West Virginia's ABCA hemp and kratom retail rule, effective May 15, 2025, requires retailer permits, age-21 sales, and on-site CBD compliance.

West Virginia 2025: ABCA's New Hemp & Kratom Retail Rule—Permits, Age‑21, and On‑Site Compliance

West Virginia's ABCA hemp and kratom retail rule, effective May 15, 2025, requires retailer permits, age-21 sales, and on-site CBD compliance.

FAQ

Common questions

Is marijuana legal in West Virginia?

Recreational marijuana is illegal in West Virginia. Medical marijuana is legal.

Is THCA legal in West Virginia?

Restricted. West Virginia treats THCA as a hemp cannabinoid that is lawful only when it comes from compliant industrial hemp and is sold through a permitted channel.

Is delta-8 THC legal in West Virginia?

No. West Virginia put delta-8 THC and other delta-tetrahydrocannabinols on Schedule I of its Uniform Controlled Substances Act when Governor Jim Justice signed SB 546 on March 29, 2023, effective June 8, 2023.

Is hemp-derived delta-9 THC legal in West Virginia?

Restricted. West Virginia treats hemp-derived delta-9 THC as a hemp cannabinoid product that is lawful when it comes from compliant hemp and runs through the WVDA permit framework at WV Code §19-12E-12, with a per-location Alcohol Beverage Control Administration (ABCA) permit added by the rule effective May 15, 2025.

This is general information, not legal advice.

Seed Legality

Medical-only program with no home cultivation; viable marijuana seeds are contraband; WVDA licenses hemp growers.
Hemp seeds
Restricted
Marijuana seeds
Illegal
Sale
Illegal
Transacting
Illegal
Gifting
Illegal

West Virginia's Medical Cannabis Act (W. Va. Code ch. 16A, operational since 2024) permits only state-licensed growers to cultivate cannabis and bars patient home cultivation, so patients have no lawful reason to possess viable marijuana seeds, and seed sales or gifts are prosecutable as delivery of marijuana under § 60A-4-401. A 2024-introduced home-grow bill (HB 5259, 10 plants) has not become law as of July 2026. Hemp seed may be planted only by growers licensed by the WV Department of Agriculture under the Industrial Hemp Development Act (§ 19-12E-1 et seq.), which requires certified low-THC seed sources.

Key law:
W. Va. Code ch. 16A; § 60A-4-401; § 19-12E-1 et seq.
Last reviewed:
July 3, 2026
Sponsored by
This section is provided for informational purposes only and is not legal advice. Seed laws change frequently — verify current law with qualified counsel before making decisions.
All US statesState-by-state mapFind a cannabis lawyer