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Is It Legal to Buy CBD Oil in West Virginia?

February 11, 2019

With the cannabis reform in full swing all across the world—especially in the U.S.—consumers are eager to use the plants’ benefits for various ailments. However, there are still some U.S. states that haven’t made significant progress regarding cannabis and especially CBD laws. West Virginia is one of those states. The discrepancies between current cannabis legal regulations in this state and federal regulations might be confusing consumers. So, is CBD oil legal in West Virginia? Let’s take a look.

Is CBD Oil Legal in West Virginia?

Shortly put, yes; CBD oil is legal in West Virginia. Thankfully, hemp-derived CBD is readily available and is 100% legal in all U.S. states. But if you are wondering how it’s possible for citizens of a state that implements laws prohibiting the selling or buying of CBD in pharmacies to obtain CBD oil legally, we have a more comprehensive answer.

Is CBD Oil Legal in West Virginia?

RELATED: Is CBD Hemp Oil Legal in All 50 States?

Medical Marijuana Laws in West Virginia

In 2017, the medical cannabis bill, S.B. 386, was signed into law by Governor Jim Justice. The bill created the Medical Cannabis Act that allows West Virginia residents diagnosed with a serious medical condition to use some of these cannabis products, including: [1]

  • Pills
  • Topical forms (gels, creams, or ointments)
  • A form medically appropriate for administration by vaporization or nebulization (no dry leaves allowed)
  • Tinctures
  • Liquids
  • Dermal patches

The fairly new medical cannabis bill doesn’t allow the issuing of identification cards to patients and caregivers until July 1, 2019. That means that patients in West Virginia cannot legally obtain medical cannabis under the conditions provided in the bill until the bill has been enacted into law.

But the legal cannabis story in the Mountain State doesn’t end there.

Hemp Legalization Changed the Legal Status of CBD Oil

Hemp Legalization Changed the Legal Status of CBD Oil

The legalization of hemp nationally changed the legal status of CBD oil and other CBD-derived products. But what’s interesting is that West Virginia legalized the growth of industrial hemp with the Industrial Hemp Development Act in 2002. [2]

The act permits the growing and maintenance of hemp (Cannabis sativa L.) only for commercial use. This includes “the manufacture of rope, sacks, food, oil, baby care, household uses, cloth, paper, carpet, synthetics, fuel and other sisal hemp products and other non-injurious commercial products, including the manufacture of batts, yarns, paper, composite materials, thread, cordage, merchandise, cloth and other products as may be made from the fiber or sterilized seed that have been or may be developed.” [2]

Hemp-derived CBD oil has always been legal in West Virginia as long as the THC levels have been kept below 0.3%.

RELATED: Hemp CBD Vs Marijuana CBD: There's a Difference

Nonetheless, commercial hemp is now legal in all U.S. states. The 2018 Hemp Farm Bill signed by President Trump in December the same year removed CBD from the controlled substances act, making hemp legal to use in all states. According to the new Hemp Farm Bill, for cannabis to be considered industrial hemp, it needs to contain no more than 0.3% of THC. Each submitted and tested plant that has more than 0.3% THC is considered marijuana, and its possession is punishable by law. [3]

Hemp farmers have permission to grow industrial hemp in any U.S. state as long as they possess a government or state-issued license. [3]

Finally, the Hemp Farm Bill legalizes hemp-derived CBD and other products. Under section 12619 of the bill, hemp-derived products are no longer on the list of Schedule I status drugs. So, if the CBD oil you are planning to consume comes from hemp and is produced by licensed growers that respect the Farm Bill regulations, you are in the green zone. [3]

Commercial hemp is now legal in all U.S. states.

RELATED: The Greatest Victory For Hemp: The New Farm Bill Signed Into Law!

Is CBD the Answer to Opioid-Related Overdose Deaths in West Virginia?

Just a couple of years ago, West Virginia was dealing with the highest rate of opioid-related overdose deaths in the U.S. West Virginians were overdosing on opioids and heroin with a rate of 43.4 deaths per 100,000, peaking with 733 deaths in 2016. [4]

For comparison, back in 2013, West Virginians were prescribed 110 opioid pain reliever prescriptions per 100 persons, while the average U.S. rate was 70 opioid prescriptions per 100 persons. [5]

Many people and organizations are involved with the U.S. opioid crisis, looking for ways to educate and raise awareness of this deadly trap. But many times, the help should come from locals. Chris Yeager, a local business owner, is on a mission to help West Virginians feel better, both emotionally and physically, by using CBD. Chris is a strong advocate for cannabidiol (CBD) oil.

The veteran granted an industrial hemp permit in 2017 and in just one year, he cultivated 100 acres of industrial hemp and opened two stores. Chris’s stores sell high-quality West Virginian CBD with no more than 0.3 percent THC, which falls under the legal percentage. But his work doesn’t end there. Chris also educates people on the benefits of CBD while addressing the opioid issue.

Many people and organizations are involved with the U.S. opioid crisis.

RELATED: CBD For Opiate Withdrawal: New Study to Combat the Opioid Crisis

Since prescription opioids are most commonly used to treat moderate to severe pain, replacing opioids with CBD oil may be an effective way to ameliorate the pain without the risk.

Many studies support the notion of CBD oil having healing effects on chronic pain and inflammation. To encourage people to use CBD oil for their pain instead of opioids, Chris hosts “Testimonial Tuesdays.” During these gathering, customers share their experience with CBD and stories on how CBD oil immediately alleviated their decade-long, persistent chronic pain.

Is CBD oil legal in West Virginia? Yes, CBD oil is legal in West Virginia, and it is a safe, natural alternative to prescription opioids. Considering all the results of cannabis studies that we have so far, West Virginians should consider using hemp-derived CBD oil for their pain and contribute to lowering the dreadfully high numbers of opioid overdoses.


  1. https://dhhr.wv.gov/bph/Pages/Medical-Cannabis-Program.aspx
  2. http://www.wvlegislature.gov/bill_status/bills_text.cfm?billdoc=SB447%20INTR.htm&yr=2002&sesstype=RS&i=447
  3. https://www.brookings.edu/blog/fixgov/2018/12/14/the-farm-bill-hemp-and-cbd-explainer/
  4. https://www.drugabuse.gov/drugs-abuse/opioids/opioid-summaries-by-state/west-virginia-opioid-summary
  5. https://www.dominionpost.com/2018/06/12/cbd-may-have-many-benefits-for-west-virginia/

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