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CBD in West Virginia: WV State Laws and Where to Buy Legally

CBD Oil Legality in West Virginia: Cannabidiol State Law Regulations in WV, USA

Though some states have taken either an embracing or hardline approach against CBD and the hemp industry, West Virginia’s approach seems relatively middle-of-the-road. For CBD users in West Virginia, the state’s industrial hemp pilot program means that it shouldn’t be hard to legally obtain and consume low-THC CBD. Even for those users of CBD looking for a higher THC content, the medical cannabis law the state passed in 2017 makes it possible for some citizens to access high-grade medicinal CBD.

While the state has not yet passed legislation legalizing adult use recreational cannabis, this may very well be the next step, one that will push West Virginia from a middle-of-the-road legislature on the topic of cannabis and hemp to a progressive state with a booming marijuana industry. Even despite the seemingly clear nature of most of West Virginia’s laws pertaining to CBD, many consumers within the state still have resounding questions regarding the complex legal situation surrounding the substance.

Truthfully, much of the discourse and confusion comes from the vast differences in the ways that some states handle CBD law. The federal Farm Bill in 2014 purportedly legalized the industrial hemp industry. But for reasons that vary based on the states and their leaders, some jurisdictions still take hard stances against some forms of low-THC CBD.

This guide has been created to help to clarify some of the main laws pertaining to CBD in the state of West Virginia. As always, this work does not constitute legal advice, and the individual reader is solely responsible for ensuring that they do not violate any local, state, or federal regulations.

West Virginia CBD Laws

Three pieces of legislation make up the comprehensive marijuana and hemp regulatory framework in West Virginia. The first to pass was the state’s medicinal cannabis law, which was instituted in 2017 via Senate Bill 386. This piece of legislation allows sufferers of select debilitating conditions to gain access to high-grade medical cannabis from one of several licensed medical dispensaries in the state.

Next, the state followed in the footsteps of most U.S. jurisdictions in codifying an industrial hemp pilot program, placing the program’s tenants in sections 19-12E-1 to 19-12E-9 in their codebook. This pilot program effectively makes it legal for organizations to produce, cultivate, and distribute derivatives of the industrial hemp plant, provided that the products have only a trace amount of THC, the psychoactive ingredient found in marijuana.

Age Requirements for CBD in West Virginia

Medical cannabis is typically given primarily to patients over the age of eighteen. However, in select cases doctors might be able to sign a prescription for medical cannabis or CBD for a minor, so long as the child’s parent or legal guardian signs a document consenting to the prescription being given to their child. But in most cases, norms of medical practice dictate against over-medicating minors, especially with something like cannabis.

For the industrial hemp sold over-the-counter all over the state, age requirements are almost always going to be eighteen. In some stores institutional policy might dictate that this age be upped to twenty-one, but most establishments stick to eighteen as a starting place for age restrictions for CBD.

Where to Find West Virginia CBD

Medical CBD with high THC content can only be found in medical dispensaries, of which there are precious few in the state of West Virginia. However, CBD with a low THC content being sold under the protection of either the federal Farm Bill or West Virginia’s industrial hemp pilot program can be sold in gas stations, head and smoke shops, and even average convenience stores.

Buying CBD Online in West Virginia

Another legal way to buy CBD in West Virginia is to simply purchase it online. Online retailers offer a wide selection of different CBD products and are often more relaxed when it comes to regulations and identification issues. But consumers should keep in mind that this is a largely unregulated market, and scams are always common.

CBD Oil in West Virginia: Is It Legal & Where to Buy in 2022?

CBD has taken the United States by storm, completely revitalizing the cannabis industry in the country. People use CBD oil for everything from anxiety to pain, insomnia, inflammation, seizures, and more.

Hemp is now federally legal, so you shouldn’t have much trouble tracking down a trustworthy source of CBD. However, not every form of CBD oil is legal in West Virginia, so it’s important to stay up-to-date with the local law before you start searching for CBD near you.

This article will explain the legal status of CBD in West Virginia and point you in the right direction to finding the best deals on CBD online and locally.

Is CBD Oil Legal in West Virginia?

State cannabis laws can be complicated, and West Virginia is a textbook example of it.

Whether your CBD oil is legal in the state depends on what type of cannabis it comes from.

CBD can be extracted from hemp and marijuana, which have different chemical profiles.

Marijuana is naturally high in THC, the intoxicating compound that gets people high on top of providing many health benefits.

Hemp, on the other hand, has only trace amounts of THC (up to 0.3%) and higher levels of CBD. Hemp-derived CBD oil can’t make the user feel high and is treated differently than marijuana in the light of the West Virginia law.

Marijuana CBD Oil in West Virginia

Marijuana is illegal for recreational use in West Virginia. If you get caught with any amount of weed and don’t have a medical marijuana card, you can face criminal charges.

Possession of fewer than 15 grams of weed is punishable with 3-6 months in prison and a fine of $1000, which double for subsequent offenses. If you also get caught with drug paraphernalia, it can add an additional six months in jail and a $5000 fine to your punishment.

If you want to get marijuana CBD oil in West Virginia, your only option is to join the state’s medical-marijuana program.

Can Doctors Prescribe CBD Oil in West Virginia?

The state of West Virginia legalized marijuana for medicinal purposes in 2017 when Governor Jim Justice signed Senate Bill 386.

Also known as the West Virginia Medical Cannabis Act, SB 386 allows patients with severe medical conditions to access marijuana in the form of oil, tinctures, capsules, creams, gels, and ointments. The state government refused to legalize smokable forms of marijuana.

If you want to apply for a medical marijuana card in West Virginia, you must have one of the following medical conditions:

  • Amyotrophic Lateral Sclerosis (ALS)
  • Cancer
  • Crohn’s disease
  • Damage to the spinal cord
  • Epilepsy
  • Huntington’s disease
  • Intractable seizures
  • Neuropathies
  • Parkinson’s disease
  • Post-Traumatic Stress Disorder
  • Multiple sclerosis
  • Severe, chronic, or intractable pain
  • Sickle cell anemia
  • Terminal illness with a life expectancy of less than one year

How does West Virginia law treat hemp-derived CBD oil?

Hemp CBD Oil in West Virginia

Hemp was federally legalized by the 2018 Farm Bill, which removed the plant from the list of controlled substances and reclassified it as an agricultural commodity. Under the new law, the Federal Government allowed farmers to grow industrial hemp for commercial purposes, including paper, clothing, fuel, building materials, food, and health supplements such as CBD extracts.

You can easily find CBD oil locally and online in West Virginia, but before we dive into the best places to buy CBD in the Mountain State, let’s talk about the quality standards in the US hemp industry.

Where to Buy CBD Oil in West Virginia?

Despite its strict marijuana laws, West Virginia is a great place to be if you’re looking for hemp-derived CBD oil.

You can find CBD over the counter in local specialty stores or online.

We recommend placing your order with a reputable online supplier. Here’s why:

Benefits of Buying CBD Online

Shopping for CBD online is the best way to find high-quality products at a reasonable price.

You’ll also save yourself a lot of time and money by making your purchase online. Not only can you browse through different products in the comfort of your home, but you’re also cutting out the middleman. This way, you can take advantage of discounts, bulk pricing, coupon codes, and reward programs. It would be difficult to find such good deals somewhere locally.

For example, at Royal CBD, you can join our Royalty Program, where each purchase gives you special crowns. You can spend them on your next order, saving more money on your favorite products.

Full Spectrum CBD Oil 1000mg

Broad Spectrum CBD Gummies 25mg

CBD Capsules 25mg (Softgels)

It’s also easier to run a background check on a CBD product when you look for it online. CBD may need some time to take effect, so it can be difficult to know if you’re getting a quality product by only testing it. When you shop online, you can read the third-party lab reports or check what other customers are saying about the product in reviews or on social media.

As mentioned earlier, driving around town looking for the right product is a huge time-devourer. Although it takes an extra few days for the product to get delivered to your door, you save yourself the gas money and precious time you’d otherwise spend on doing local errands.

Local CBD Suppliers in West Virginia

With all that said, you should still be able to find a selection of CBD products somewhere near you in West Virginia. We’ve compiled a list of the top-rated retailers in the Mountain State. See if you can find your city below.

CBD Stores in Charleston
  1. Cap City CBD Plus
  2. New Found Vapes LLC
  3. Appalachian Cannabis Company
CBD Stores in Huntington
  1. Full Steam Vapor Huntington
  2. The Vapor Bar
  3. My Vapor Place
CBD Stores in Morgantown
  1. The Vapor Room
  2. AVAIL Vapor
  3. Glass Gone WOW

If you don’t see your city on our list, you can head down to the closest vape shop and see if they stock CBD. We also recommend checking for a reputable store online. Many great retailers can get CBD out to you in a few working days. At Royal CBD, we’ll send your package to West Virginia within 3-5 days.

How to Find Quality CBD Products in West Virginia?

The global hype on CBD has created a booming industry. The market is brand new and continually changing, so the best way to find high-quality products is to keep yourself educated.

If you don’t want to fall a victim of the many fake CBD products being sold over the counter, we have a handy cheat sheet for you:

  • Double-check the THC content. The cannabis law in West Virginia is a bit cloudy. Marijuana-derived CBD oil is legal only for medicinal purposes, so if you want to buy CBD without crossing the law, make sure it comes from industrial hemp plants. Hemp contains less than 0.3% of THC, which is the federally accepted limit.
  • Look for full-spectrum CBD. Full-spectrum products are those that are made using the whole hemp plant. CBD isolates are made using only one compound of the plant and don’t contain other valuable compounds such as minor cannabinoids and terpenes. When combined together, these compounds help the body process CBD more efficiently; this phenomenon is known as the entourage effect.
  • Organic is the way to go. Hemp plants are bioaccumulators; in simple terms, they absorb every substance from the soil they grow in. The best CBD oils in West Virginia are produced from organic, non-GMO hemp.
  • Choose CO2-extracted products. CO2 extraction doesn’t require additional heat or solvents. It’s the best method to produce CBD oil because it yields consistently pure and potent extracts without hurting the environment on the way. If a company uses CO2 extraction, it means they’re committed to quality because the equipment required to perform it is very expensive.
  • Only buy products that have been tested by a third-party lab. Independent laboratories can detect any unwanted or potentially dangerous chemicals contained in CBD oil. They can also verify the CBD content of your product to make sure that it matches the advertised potency.
  • Watch out for companies claiming that CBD is a miracle drug. CBD is a wonderful supplement that can improve your daily life in a natural and safe way, but it’s not going to mend broken bones or cure cancer. Companies making such claims are the companies to avoid.

At Royal CBD, we use organic, non-GMO hemp plants from our friendly farmers in Colorado. The entire Royal CBD line is made with supercritical CO2 to ensure consistent concentrations of CBD in each batch without using toxic solvents. We offer full-spectrum CBD oil and softgels, THC-free gummies, and two types of topicals. Each product comes with the Certificate of Analysis from an independent laboratory, so you can rest assured that you’re buying legitimate, all-natural CBD extracts. And if you’re not ready to commit on the first date, we offer a special 30-day money-back guarantee!

Key Takeaways on Buying CBD in West Virginia

West Virginia is a few steps behind its liberal neighbors when it comes to marijuana policies, but the good thing about the Mountain State is the fast-growing CBD market. Hemp-derived CBD oil is widely available in West Virginia as well as in other 49 states under the amended Farm Bill, so you shouldn’t have any problems tracking down a reliable source of CBD locally and online.

Above all, make sure to always do a thorough background check on your potential supplier. There are many great brands selling quality stuff without leveraged prices, but there’s an equal number of fly-by-night companies churning out fake and potentially dangerous products.

Being an educated customer will help you save yourself from poor decisions.

Does CBD Oil Require a Prescription?

When reading about all the health benefits of CBD oil, you may be tempted to try it yourself — which is probably why you’re reading this article.

Many questions can start popping up in your head, such as:

Is CBD legal?

Do you need a prescription for CBD oil?

CBD’s safety profile has been acknowledged by numerous international health agencies, including the World Health Organization (WHO) — according to which CBD oil is “safe and well-tolerated by humans.”

Its legal status depends on the source plant because CBD can be extracted from hemp and marijuana (more on that later).

When it comes to getting a prescription for CBD oil, this may not be necessary — at least not in most cases.

Let’s look at different types of CBD products, their legality, and how to buy them.

Is CBD Oil Actually Legal?

People wonder if they need a prescription for CBD oil because many misconceptions are floating around its legal status.

In essence, CBD oil is legal on a federal level as long as it contains 0.3% of THC or less.

In 2018, the federal government declassified hemp from controlled substances, making a clear distinction from marijuana.

The new law allowed American farmers to grow and sell hemp for commercial use, including paper, clothes, biofuel, construction materials, food, and health supplements such as CBD oil.

Do You Need a Prescription for CBD Oil?

Whether you need a prescription for CBD oil or not depends on its source.

Different Sources of CBD

As mentioned, hemp-derived CBD oils are legal on a federal level, and you can buy them over-the-counter. But, CBD can also be extracted from marijuana, which is where its legal status becomes less obvious.

Marijuana-derived CBD Oil

In contrast to hemp, marijuana-derived CBD oil is legal only in certain states. If your state has a medical marijuana program, your doctor can prescribe it to you. These CBD oils are sold in cannabis dispensaries.

You can buy marijuana-derived CBD oils from adult-use dispensaries without prescription in states with a legal recreational market.

States Where Medical-grade CBD Is Available Only for Prescription

Nearly every state has a medical marijuana program. In these states, you need a prescription for marijuana-derived CBD oil. However, if you want to buy CBD that contains only trace amounts of THC, you can buy it without prescription in many local stores, such as pharmacies, wellness stores, vape shops, and online stores.

States, where medical marijuana is legal but recreational use remains illegal include:

  • Arkansas
  • Connecticut
  • Delaware
  • Florida
  • Hawaii
  • Louisiana
  • Maryland
  • Minnesota
  • Missouri
  • New Hampshire
  • New Mexico
  • North Dakota
  • Ohio
  • Oklahoma
  • Rhode Island
  • Utah
  • West Virginia

States That Legalized Marijuana for All Adults

These states have legalized marijuana for recreational use as long as you’re 21 or older and can prove it with a valid ID:

  • Alaska
  • Arizona
  • California
  • Colorado
  • District of Columbia (D.C.)
  • Illinois
  • Maine
  • Massachusetts
  • Michigan
  • Montana
  • New York
  • New Jersey
  • Nevada
  • North Dakota
  • Oregon
  • Vermont
  • Washington

In these states, you don’t need a prescription for CBD oil, no matter the source.

What CBD Medications Can Doctors Prescribe On a Federal Level?

Marijuana remains a Schedule I substance on a federal level, meaning that doctors can’t prescribe it as an official treatment.

Because Schedule I substances are thought to have no medicinal properties at all.

Does it stay in stark contrast with the current state of knowledge about marijuana?

Yes. And worse yet, doctors have their hands tied to these backward laws because they can’t prescribe marijuana as the first-choice treatment.

That being said, there is one CBD-based medication that the FDA has approved after passing a series of clinical trials.

The medication is called Epidiolex, and doctors prescribe it to treat drug-resistant forms of childhood-onset epilepsy.

The paradox is that the FDA supports the use of synthetically isolated CBD while refusing to investigate the efficacy of whole-plant extracts, which have been highlighted in preclinical human studies as more effective than products made from single cannabinoids.

For now, the consensus is that hemp-derived products are health supplements.

Do You Need a Prescription for Hemp-Derived CBD Oil?

Health supplements are available over-the-counter, meaning you don’t need a prescription for hemp-derived CBD oil.

However, many mislabeled, sometimes dangerous products are churned out by sketchy companies since the market is unregulated. These products may contain significantly less CBD than advertised or be contaminated with toxic chemicals like pesticides, heavy metals, and residual solvents.

That’s why we always underline the importance of third-party lab testing. Third-party laboratories ensure unbiased results of the product’s chemical analysis, including its potency, cannabinoid profile, and purity.

At Royal CBD, we test all our products at different production stages. As a result, our CBD oils come with batch-specific certificates of analysis that prove their quality and safety.

Where Can You Buy CBD Oil Over the Counter?

The federal legalization of hemp resulted in the birth of a booming industry. Since hemp was declassified, many aspiring entrepreneurs have been entering the market to get their fair share of the cake.

However, making CBD oils requires a lot of skill and knowledge, both from manufacturers and lab workers. It also calls for serious investments in high-tech equipment that is required for extraction.

Everybody wants to capitalize on the booming market, but not everybody has the right assets to make high-quality CBD oil.

The best way to buy high-quality CBD products is to find a trustworthy online retailer. Buying CBD oil online makes it easier to research your potential vendors regarding their hemp source, extraction methods, and third-party testing, so you don’t rely solely on the store owner’s assurance.

CBD Oil for Prescription: Wrapping It Up

Generally speaking, you don’t need a prescription for CBD oil as long as it comes from hemp. Hemp-derived CBD products are legal on a federal level, and the FDA does not regulate them. You can find them over-the-counter, just like any health supplement.

Marijuana-derived CBD, on the other hand, is legal only in certain states. If your state allows the medical use of marijuana, you can buy such CBD oils if your doctor prescribes them. Those living in states where recreational use is legal can buy all types of CBD oil without prescription.

When shopping for CBD products — whether near you or online — make sure to tick off some important points on your quality checklist, including the hemp source, extraction, third-party testing, transparency, and the company’s reputation.

Doing so will help you make a well-informed decision and pick the right type of CBD for your situation.

At Royal CBD, we offer shipping to all 50 states so that you can enjoy premium quality from any place in the US.