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CBD and Hemp Legality in West Virginia: Hemp Laws Update 2021

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2021 Update

No updates have been made to  Cannabis/hemp- CBD laws in West Virginia.

In addition to the federal hemp laws laid out in the 2018 Farm Bill, each state has its own state hemp laws. Before we dive in on West Virginia Hemp Laws and the legality of CBD in West Virginia, it is important to understand the different types of hemp and CBD products that these laws may be applied to.

Is CBD legal in West Virginia?

There are many (somewhat confusing) terms for hemp oil:

FAQ: Hemp and CBD Legality in West Virginia

When it comes to buying CBD products, hemp flower, and hemp cigarettes here are some frequently asked questions that come up:

Is Full Spectrum CBD Legal in West Virginia?

That is a trick question because full-spectrum CBD is not the same as the so-called PCR Hemp Oil! This new marketing term is certainly introducing even more confusion around CBD products.

As of Summer 2020, West Virginia has adopted legislation that regulates its CBD market. West Virginia hemp laws regulate hemp products and hemp cultivation. The state’s laws are similar to those of New York and Virginia, which also required CBD companies to follow FDA Dietary Supplement (GMP) Regulations for production, manufacturing, and labeling.

Is It Legal to Ship PCR Hemp Oil to West Virginia?

It is legal to ship ALL types of hemp products with less than 0.3% THC to all US States according to the 2018 Farm Bill.

Where to Buy Full Spectrum CBD Oil in West Virginia?

If you are looking to buy CBD in West Virginia, you can do so in stores or online as long as products comply with the state’s thorough requirements.

Do you need a special license to purchase PCR Hemp Oil in West Virginia?

You don’t need a special license to purchase CBD hemp oil (all types) in West Virginia, only to grow, test, or sell products.

How Does West Virginia Legally Define Hemp?

“Hemp” means all parts and varieties of the plant Cannabis sativa L. and any part of the plant, including the seeds of the plant and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not with no greater than 0.3% tetrahydrocannabinol, or the THC concentration for hemp defined in 7 U.S.C. § 5940, whichever is greater.

61-30 Hemp Product Legislative Rule

Growing and Selling Hemp in West Virginia

West Virginia hemp growers and handlers must be registered and licensed with the state. They have a very well defined legal process to follow.

Retail Hemp and CBD products must comply with West Virginia hemp laws:

In addition to West Virginia state CBD laws and the 2018 Farm Bill hemp laws, the US Food and Drug Administration (FDA) has additional requirements for CBD and hemp companies to meet.

West Virginia state hemp laws allow for CBD products such as:

West Virginia CBD Labeling Laws

The West Virginia hemp law 61CSR30 TITLE 61 SERIES 30 HEMP PRODUCTS §61-30-7 Labeling explains that CBD products in West Virginia must be labeled in accordance with FDA Dietary Supplement Regulations. The law extensively explains the stringent requirements that products must meet to be considered legal in West Virginia (even if produced in another state).

7.1. Hemp products that contain CBD for human consumption as a food or dietary supplement shall be labeled in accordance with FDA guidelines for food or dietary supplement labeling.

7.2. Hemp products produced for topical absorption by humans shall be labeled in accordance with FDA guidelines for Cosmetic Products Warning Statements.

7.5. Hemp products meant for animal consumption shall be labeled and comply with all other applicable federal laws and regulations.

7.6. Hemp seed products intended for cultivation shall be labeled in accordance with the West Virginia Seed Law, West Virginia Code §19-16-1 et sea.

7.10. Labels will be considered misbranded when a WVDA analysis finds the claim is above or below 20% of the amount declared on the label.

61CSR30 TITLE 61 SERIES 30 HEMP PRODUCTS §61-30-7 Labeling

West Virginia CBD Labeling Restrictions

The following are explicitly prohibited by West Virginia hemp laws:

  1. 51% or more of the hemp used in a product must be grown in West Virginia in order to make the claim the product is a “West Virginia Hemp Product” no product with less than 51% West Virginia grown hemp can make that claim.
  2. Labeling cannot be appealing to children (no cartoons, no images popularly used to advertise to children, and nothing that imitates candy labeling.
  3. West Virginia CBD labeling requires that labels cannot include false or misleading information (absolutely no medical claims or other unproven claims that are not supported with clinical trials).
  4. No claims related to diseases or drugs (medical claims) can be made on the label unless the claim is approved by the FDA through a clinical trial.
  5. CBD labels cannot include the use of the word “organic” unless the product has been certified as organic in accordance with the National Organic Program; this means that the certifying agency must be registered with the USDA.

West Virginia CBD Labeling Requirements

In addition to these general CBD labeling requirements, West Virginia hemp laws mandate that the information panel of the label must contain the following specific information in cooperation with meeting FDA Dietary Supplement Labeling Requirements:

For label cannabinoid content, a QR code, or similar tool, may be used in lieu of labeling requirements on the physical label’s informational panel for all required information (except that required by sections 7.13.a and 7.14 of 61CSR30 TITLE 61 SERIES 30 HEMP PRODUCTS). These West Virginia hemp laws define THC as “total THC” as follows:

“THC” means tetrahydrocannabinol and is used interchangeably with “Total THC”. “Total THC” means the quantifiable amount of delta-nine THC plus the amount of tetrahydrocannabinolic acid in a product.

61CSR30 TITLE 61 SERIES 30 HEMP PRODUCTS
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