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Let’s Talk Delta-8 State Legality: West Virginia

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Let’s Talk Delta-8 State Legality: West Virginia

West Virginia is the only state that I know of where they really enjoy burning couches in celebration. Morgantown is not only the subject of burning furniture but also as the background setting in Fallout. But it is a wonder, there’s so much history in the mountains. The state passed the Senate Bill 386 which legalized medicinal in 2017 for qualifying patients. Recreational is still illegal, possession is a misdemeanor that can lead to six months in prison and a $1000 fine. West Virginia’s relationship with Delta-8 THC is different though. While THC is classified as a Controlled Substance List, delta-8 THC is considered to be legal.

Within the bill it states “Notwithstanding any other provision of this code to the contrary, the THC found in industrial hemp shall not be considered to be THC for the purposes of qualifying as a controlled substance.”

Yes, Delta-8 THC is legal in the state of West Virginia.

HOUSE BILL 2694.

19-12E-3. Definitions.

(g) “Hemp” or “industrial 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;

7 U.S. Code § 5940.Legitimacy of industrial hemp research

(2) Industrial hemp

The term “industrial hemp” means the plant Cannabis sativa L. and any part of such plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

(h) “Hemp products” means all products derived from, or made by, processing hemp plants or plant parts, that are prepared in a form available for commercial sale;

(j) “Marijuana” means all plant material from the genus cannabis containing more than one percent tetrahydrocannabinol or seeds of the genus capable of germination;

(l) “THC” means tetrahydrocannabinol. Notwithstanding any other provision of this code to the contrary, the THC found in industrial hemp shall not be considered to be THC for the purposes of qualifying as a controlled substance.