Is THCA legal in West Virginia? West Virginia hemp and kratom laws

The law in West Virginia

West Virginia's Industrial Hemp Development Act, article 12E of chapter 19 of the state code, defines hemp in section 19-12E-3 as the plant and all its derivatives, extracts, cannabinoids, isomers, acids and salts with no more than 0.3 percent THC, or the federal figure, whichever is greater. The same section says the THC found in industrial hemp is not THC for the purpose of qualifying as a controlled substance.

Section 19-12E-5 adds that no license is needed to possess, transport or sell hemp products, that hemp-derived cannabinoids, including CBD, are not controlled substances or adulterants, and that hemp derivatives may be added to cosmetics, personal care products and food for people or animals. Products with THC are a separate matter: from 2023 they fall under section 19-12E-12, which the Commissioner of Agriculture administers.

1. June 7, 2019House Bill 2694 takes effect, setting today's hemp definition in section 19-12E-3.
2. June 9, 2023Senate Bill 220 takes effect: Agriculture permits and age 21 for hemp-derived cannabinoids and kratom.
3. March 9, 2024Senate Bill 679 takes effect, requiring out-of-state sellers to hold a state business registration.
4. April 20, 2026The current version of the Agriculture rule, 61 CSR 30, takes effect after the Legislature approves it.
5. June 12, 2026Senate Bill 985 takes effect, limiting kratom products to the natural leaf.
6. December 11, 2026The federal limit of 0.4 mg total THC per container begins.

THCA and delta-8

The Department of Agriculture's rule, 61 CSR 30, amended with the Legislature's approval and in effect since April 20, 2026, defines THC as total THC: the delta-9 THC in a product plus 0.877 times its THCA. Hemp, in the rule, holds no more than 0.3 percent total delta-9 THC on a dry weight basis, and the department's list of registrable cannabinoids accepts THCA only under 0.3 percent total THC. Smokable hemp products are hemp products under the rule when packaged, labeled and sealed in a manner the commissioner approves.

Section 19-12E-12 names the hemp-derived cannabinoids it covers: delta-9 THC at a total of no more than 0.3 percent, delta-8, delta-10, HHC, THCP and THCV, each only if naturally occurring and not synthetic. The department's list, dated January 8, 2024, accepts those and a few others, and refuses THC-O, HHC-O, HHCP, THC-H and similar compounds. Schedule I, in section 60A-2-204, lists THC in its forms along with synthetic and non-naturally occurring cannabinoids, and does not apply to products lawfully made or sold under article 12E.

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Age, permits and the 11% tax

Section 19-12E-12 allows hemp-derived cannabinoid products for adults 21 and older. Selling one to anyone younger is a felony, possession under 21 is a misdemeanor for a first offense, websites must use an age screen, and any sale that is not made in person needs an age verification method the commissioner approves. The department's rule is worded more broadly: hemp and kratom products in general cannot be sold to anyone under 21.

Every store and website selling hemp products in the state needs a department permit ($100 a year), and every product needs its own registration, renewed each year ($200 a product, capped for some sellers). Since Senate Bill 679 of 2024, sellers outside the state that ship hemp-derived cannabinoid products in must hold a West Virginia business registration certificate. Retail sales of hemp-derived cannabinoids carry an 11 percent privilege tax, which may not be added to a receipt as its own line.

Labels on any product with hemp-derived cannabinoids must say "NOT INTENDED FOR SALE TO PERSONS UNDER THE AGE OF 21", tell buyers to keep the product out of reach of children and say it may affect drug testing results. A label is misbranded when the department finds the cannabinoid content more than 15 percent above or below the stated amount, and labels may not use cartoons or imitate a candy label. Advertising is barred where 30 percent or more of the audience is under 21.

CBD in food

Section 19-12E-5 says products with hemp-derived cannabinoids such as CBD that are meant to be eaten are foods, not controlled substances or adulterated products. The rule requires them to be labeled as foods or dietary supplements under FDA guidelines, and topicals as cosmetics. A label that says "THC-free" may not show THC above levels the department can detect. Restaurants serving hemp foods and drinks to eat on site do not register as hemp retailers, but those selling take-home products do.

Kratom, kava, amanita and spores

Kratom is legal for adults 21 and older under article 12F of chapter 19, created by the same 2023 law. Sellers need a department permit ($1,500 to apply, $300 a year), selling to anyone under 21 is a felony, and websites must confirm age with a digital ID or an age verification system. Senate Bill 985, signed April 1, 2026 and in effect June 12, 2026, defines a kratom product as the natural leaf in a simple form, whole, crushed or powdered, and leaves out anything synthetically manipulated or concentrated beyond the leaf's natural alkaloid profile. The department's rule caps 7-hydroxymitragynine at 10 mg a dose, and neither alkaloid is listed in Schedule I in section 60A-2-204.

The rule bars registering any kratom product that contains kava, psychoactive mushrooms or cannabinoids, and the department's list refuses mushrooms or mushroom extracts combined with hemp or kratom. We found no West Virginia statute naming kava on its own, amanita muscaria or mushroom spores. Psilocybin and psilocyn are Schedule I; section 60A-2-201 would allow a psilocybin drug to be prescribed only if the FDA approves it and the DEA reschedules it. Bills in 2026 to move hemp and kratom oversight to the Alcohol Beverage Control Administration (House Bill 5100) and to create a new consumable hemp law (Senate Bill 808) stayed in committee.

The federal change on December 11

From December 11, 2026, the federal definition counts total THC including THCA and limits a finished hemp-derived cannabinoid product to 0.4 mg per container. Read the federal page and What's changing on December 11.