Hemp Laws & Licensing · WV

West Virginia hemp laws & licensing

Verified September 29, 2026High confidenceOpen on GHD

At a glance

Retail license / registration required?
Yes — Registration to Distribute and Sell Hemp Products (retailer registration form, PDF)
Minimum age
21+
State THC caps (hemp products)
No state cap stated
Hemp-derived THC products · online sales
Legal (with the state's rules) · online: Allowed
Key law
W. Va. Code § 19-12E-12 (SB 220, 2023); ABCA hemp-derived cannabinoid retail permit rule (eff. 2025-05-15); SB 546 (2023) — effective June 9, 2023

The law today

West Virginia requires every hemp-derived cannabinoid product sold in the state to be registered annually with the Department of Agriculture by its manufacturer ($200/product, capped at $1,000 per registrant) with an approved label and COA, and every retail facility, including online stores selling into WV, to register as a hemp retailer ($100/location/yr, expiring December 31). Naturally derived delta-8, delta-10, HHC, THCp, THCv and hemp delta-9 (≤0.3% total THC) are lawful registered cannabinoids, fully synthetic cannabinoids are prohibited, sales to anyone under 21 are banned (online sellers must age-verify), and retailers pay the 11% HKT privilege tax quarterly.

The ABCA conducts underage compliance checks on WVDA-permitted retailers under 175 CSR 11 (since 2025-05-15); the WVDA rule 61 CSR 30 was re-adopted effective 2026-04-20, and a 2026 bill to move CBD/kratom regulation to ABCA (HB 5100) failed. Growing or possessing raw hemp requires a WVDA industrial hemp license.

Who regulates it

Licenses & registrations

The law

Testing & COAs

WV Hemp Products Guide 2026 – COA specifications (ISO 17025 lab; cannabinoids, solvents, pesticides, microbials, heavy metals)agriculture.wv.gov (opens in a new tab)

Need a lab? COA analysis partners

Steps to a compliant hemp business in West Virginia

  1. 1

    Register the business with the WV Secretary of State and obtain a WV business registration certificate from the Tax Division

  2. 2

    Manufacturers/brand owners: submit the Manufacturer Registration of Hemp Products with labels and COAs for each product ($200/product, $1,000 cap) and wait for WVDA approval before shipping into WV

  3. 3

    Retailers (including online storefronts): submit the Registration to Distribute and Sell Hemp Products ($100/location/yr) with a Tax Division Letter of Good Standing; display the permit and renew by December 31

  4. 4

    Register for the 11% Hemp-derived Cannabinoid or Kratom tax on MyTaxes and file quarterly (Jan/Apr/Jul/Oct 20)

  5. 5

    Sell only WVDA-registered products, verify age 21+ (online age verification required), and use labels with the required warnings, serving sizes and cannabinoid mg content

  6. 6

    Growers/processors of raw hemp: apply for the WVDA industrial hemp license

On Good Hemp Distro

Recreational (21+) market in West Virginia

Open on GHD

The Recreational (21+) market is open on Good Hemp Distro for shoppers in this state (21+ only · vendor state permit required).

Shop the marketplace →

Live status — it changes as state rules are verified and as the federal cutoff approaches. Everyday Hemp, Industrial and Services products are available everywhere.

Sources & verification

Verified
September 29, 2026 — every official link above was fetched and checked on that date.
Confidence
High confidence — Official pages verified; law summarised from primary sources.
Research notes
175 CSR 11 is a scanned PDF (OCR confirmed it is an enforcement rule, not a separate ABCA permit – retailers hold WVDA permits). SB 985 (2026, Ch. 5, eff. 2026-06-12) changed kratom registration/enforcement only. WV does not set per-serving THC caps in statute; the federal 0.4 mg total THC per container rule (eff. 2026-12-11) will constrain WV-registered intoxicating products.
Good Hemp Distro market notes
Statute expressly contemplates remote sales with age verification; out-of-state remote retailers delivering into WV must hold a WV permit and business registration. Per-location ABCA retail permits since 2025-05-15; 11% excise tax. (Recreational (21+) state dataset, version 2026-09-28)

Cited sources

West Virginia hemp law FAQ

Short answers drawn from the official West Virginia sources above (verified September 29, 2026). Not legal advice.

Do I need a license to sell hemp products in West Virginia?
Yes. Registration to Distribute and Sell Hemp Products (retailer registration form, PDF). Official link: Hemp and Kratom Products licenses – registration forms and instructions (agriculture.wv.gov). Growers license separately through the state hemp program or USDA.
Who regulates hemp in West Virginia?
West Virginia Department of Agriculture – Hemp and Kratom Products (Regulatory & Environmental Affairs) — Registers hemp product manufacturers, products and retailers (incl. online); administers 61 CSR 30. WVDA – Industrial Hemp licensing (Plant Industries) — Industrial hemp grower/processor licensing under WV Code 19-12E. WV Alcohol Beverage Control Administration — Retail enforcement (underage compliance checks, permit display) of WVDA-permitted hemp/kratom retailers under 175 CSR 11 (eff. 2025-05-15). WV Tax Division – Hemp-derived Cannabinoid or Kratom (HKT) tax — 11% privilege tax on retail sales of hemp-derived cannabinoid and kratom products.
What are West Virginia's hemp laws in 2026?
West Virginia requires every hemp-derived cannabinoid product sold in the state to be registered annually with the Department of Agriculture by its manufacturer ($200/product, capped at $1,000 per registrant) with an approved label and COA, and every retail facility, including online stores selling into WV, to register as a hemp retailer ($100/location/yr, expiring December 31). Naturally derived delta-8, delta-10, HHC, THCp, THCv and hemp delta-9 (≤0.3% total THC) are lawful registered cannabinoids, fully synthetic cannabinoids are prohibited, sales to anyone under 21 are banned (online sellers must age-verify), and retailers pay the 11% HKT privilege tax quarterly. Key law: W. Va. Code § 19-12E-12 (SB 220, 2023); ABCA hemp-derived cannabinoid retail permit rule (eff. 2025-05-15); SB 546 (2023) (effective June 9, 2023).
What is the minimum age to buy hemp products in West Virginia?
21+ under West Virginia law (W. Va. Code § 19-12E-12 (SB 220, 2023); ABCA hemp-derived cannabinoid retail permit rule (eff. 2025-05-15); SB 546 (2023)). Good Hemp Distro is 21+ everywhere regardless.
Does West Virginia cap THC in hemp products?
West Virginia sets no state-level milligram cap in the verified dataset; the federal definition (total THC including THCA at or below 0.3% dry weight) applies, and the state law summary above lists any product rules.
Does West Virginia require lab testing (a COA) for hemp products?
WV Hemp Products Guide 2026 – COA specifications (ISO 17025 lab; cannabinoids, solvents, pesticides, microbials, heavy metals). Official page: agriculture.wv.gov
How do I start a compliant hemp business in West Virginia?
1. Register the business with the WV Secretary of State and obtain a WV business registration certificate from the Tax Division. 2. Manufacturers/brand owners: submit the Manufacturer Registration of Hemp Products with labels and COAs for each product ($200/product, $1,000 cap) and wait for WVDA approval before shipping into WV. 3. Retailers (including online storefronts): submit the Registration to Distribute and Sell Hemp Products ($100/location/yr) with a Tax Division Letter of Good Standing; display the permit and renew by December 31. 4. Register for the 11% Hemp-derived Cannabinoid or Kratom tax on MyTaxes and file quarterly (Jan/Apr/Jul/Oct 20). 5. Sell only WVDA-registered products, verify age 21+ (online age verification required), and use labels with the required warnings, serving sizes and cannabinoid mg content. 6. Growers/processors of raw hemp: apply for the WVDA industrial hemp license.

Related

Not legal advice. Links and summaries verified September 29, 2026; laws change — always confirm with the official links and a licensed attorney before you sell.