Delta-8 THC is currently illegal in West Virginia. State lawmakers have determined that intoxicating hemp-derived THC products—including Delta-8—fall outside the definition of legal hemp and are therefore prohibited for sale.
As of 2025, you cannot legally buy, sell, or distribute Delta-8 THC in West Virginia, whether in-store or online. The state’s position remains restrictive, with no active legislation to reopen Delta-8 sales.
This guide explains West Virginia’s Delta-8 laws, what is banned, what is still allowed, and what residents should know moving forward.
Is Delta-8 THC Illegal in West Virginia?
❌ Yes — Delta-8 is fully illegal to sell or purchase.
West Virginia classifies intoxicating hemp-derived cannabinoids (including Delta-8, Delta-10, HHC, THCP, and similar compounds) as unlawful THC products rather than legal hemp.
This means:
- You cannot buy Delta-8
- You cannot sell Delta-8
- You cannot manufacture Delta-8
- Retailers cannot ship Delta-8 into the state
The ban applies to all product forms, including gummies, vapes, tinctures, flower, and beverages.
Why Did West Virginia Ban Delta-8?
West Virginia lawmakers banned Delta-8 for several reasons:
- Safety concerns over the synthetic conversion of CBD
- Reports of mislabeled or contaminated products
- Increase in youth access
- Public health concerns regarding unregulated THC items
- Desire to align with stricter controlled substance standards
The state determined that Delta-8 falls under its controlled THC laws rather than its hemp program.
What Is Illegal in West Virginia?
These actions are unlawful:
- Selling Delta-8 products
- Possessing Delta-8 with the intent to distribute
- Manufacturing or processing Delta-8
- Importing Delta-8 products into the state
- Advertising or promoting Delta-8 sales
These are not directly banned:
-
Private possession of previously purchased Delta-8
(gray area—legal risk depends on intent and quantity)
Can You Buy Delta-8 Online and Ship It to WV?
❌ No — virtually all legitimate companies refuse to ship Delta-8 to West Virginia.
Even though federal law allows hemp commerce, state law overrides it. Online sellers risk:
- Product seizures
- Fines
- Legal action
Consumers risk receiving illegal products or having packages intercepted.
What About Other Cannabinoids?
The following are also treated as illegal intoxicants:
- Delta-10 THC
- THC-O
- HHC
- THCP
- “Hot” hemp products with >0.3% Delta-9
Only non-intoxicating cannabinoids—like CBD, CBG, or broad-spectrum hemp with no THC—remain legal.
FAQs
Is Delta-8 THC legal in West Virginia?
No. Delta-8 is currently illegal to sell or purchase.
Can stores sell Delta-8 in West Virginia?
No. All sales and distribution are prohibited.
Can I order Delta-8 online to WV?
No—shipping Delta-8 into the state is illegal, and companies do not deliver there.
Is possession illegal?
Possession is a gray area, but risky — intent to distribute can lead to penalties.
Are other THC isomers legal?
No. Intoxicating hemp-derived cannabinoids are banned.
Are CBD products still legal?
Yes—non-intoxicating CBD products remain legal.
What Residents Can Legally Use Instead
Safe, legal alternatives include:
- CBD isolate
- Broad-spectrum CBD (0 THC)
- CBG, CBC, CBN (non-intoxicating cannabinoids)
- Hemp topicals and wellness products
These are widely available and compliant with state hemp laws.
Conclusion
West Virginia currently enforces one of the strictest hemp policies in the region. Delta-8 THC and other intoxicating hemp-derived cannabinoids remain illegal, and residents cannot legally purchase them in-state or online.
While the state’s future stance is uncertain, there are no active bills suggesting legalization or regulation in 2025. For now, residents should avoid Delta-8 and instead choose legal, non-intoxicating hemp-derived alternatives.
Bottom line: Delta-8 THC is illegal in West Virginia in 2025 — and cannot be legally purchased, sold, or shipped into the state.