Delta 8 THC is an analog of delta 9 THC, the two having almost similar chemical structures. Both cannabinoids share many of the same qualities but are listed under entirely different regulations in West Virginia.

Delta 9 THC is federally illegal and considered a controlled substance; however, delta 8 THC remains in a legal grey area because of the changes in hemp legislation put into place by the 2018 Farm Bill, a federal law that legalized industrial hemp.

Because delta 8 THC provides many of the same benefits and effects as delta 9 THC, many consumers use it for both recreational and medicinal purposes. This article explores the use and legality of delta 8 THC and the differences and similarities between it and delta 9 THC.

Is Delta 8 Legal in West Virginia?

Delta 8 THC is illegal under West Virginia law.

Delta 8 THC is a naturally occurring cannabinoid compound that can be isolated from hemp, a type of cannabis sativa plant. Under the 2018 Farm Bill, which was introduced to legalize hemp, delta 8 THC is also legal, provided it’s sourced from hemp and contains a THC concentration of no more than 0.3% on a dry weight basis.

The 2018 Farm Bill strictly removed all hemp derived cannabinoids and hemp-derived products from the list of Schedule I illegal compounds — including delta 8 THC —  and gave them a legal status. However, hemp legalization did not make delta 9 THC — another intoxicating compound that is nearly identical in structure and effect — legal and, as such, it remains strictly regulated. As a result, Delta 8 THC and other intoxicating hemp derivatives fall into a legal gray area.

The West Virginia Industrial Hemp Act initially mimicked the language used in the federal literature, which made delta 8 THC legal under the same interpretation [1]. However, when Senate Bill 546 was signed into law in March 2023, it classified delta 8 and delta 10 as Schedule I substances, making them illegal under state laws. That said, residents cannot legally purchase delta 8 and other various forms of hemp products with psychoactive effects in the state, even if the final products don’t exceed the legal THC limit.

Of note, some states’ approach to the delta 8 loophole is to also ban or strictly regulate it. While their state laws allow hemp cultivation and production, their other provisions either fully ban or restrict the sale and use of psychoactive hemp derived products.

Where to Buy Delta 8 THC in West Virginia

You won’t be able to buy delta 8 THC products in West Virginia. The state prohibited the delivery sales of such products. If you reside in a delta 8-friendly state, your best bet is to look online.

Purchasing online allows you to order directly from the manufacturer. This allows you the due process of determining whether or not the manufacturer is legit and legal. One of the best ways to do this is to look at any third-party lab tests available from the website.

Third-party testing is incredibly important for anyone who is going to be buying delta 8 THC due to legal conflicts. Many delta 8 THC products are sold with significant amounts of delta 9 THC, which remains illegal. Third-party tests allow you to see the final content of the products before buying them.

Is Delta 10 THC Legal in West Virginia?

Delta 10 THC is another compound that can be isolated from the hemp plant. As such, it is subject to the same legal jurisdiction as non-intoxicating and non-psychoactive CBD and delta 8 THC. This means that in West Virginia, delta 10 THC is also illegal.

Do I Need A Medical Card in West Virginia To Order Delta 8 THC?

Delta 8 THC falls under the same restrictions as CBD and delta 10 THC. However, since these are considered hemp-derived products, they can all be purchased legally in all 50 states without the need for a medical marijuana card. Do note though that age verification is required for purchasing these products. Moreover, not all states allow the production, sale, and consumption of delta 8, so always check your local laws before making a purchase. 

Medical marijuana is legal in the state. West Virginia legislature passed Senate Bill 386, which Governor Jim Justice signed into law in 2017. This legalized marijuana for medical use for certain conditions, such as cancer, epilepsy, multiple sclerosis, PTSD, and chronic pain.

For more information, you may visit the website of the Office of Medical Cannabis to stay informed.

What’s The Difference Between Delta 8 THC & Delta 9 THC?

The most commonly referred-to compound in marijuana is THC. THC is actually short for delta 9 THC, the most abundant cannabinoid found in the plant. While Delta 8 THC shares many similarities, it is not identical to delta 9 THC.

Delta 8 THC is an analog of delta 9 THC. An analog is a compound that shares the same structure as another compound, minus one difference. This difference lies in the location of a double bond in the molecular structure.

In delta 9 THC, the bond is found at the 9th carbon chain. Delta 8, on the other hand, has its bond at the 8th carbon chain. This is where the compounds derive their names.

Delta 9 THC actually breaks down into delta 8 THC over time.

The difference is fairly small in terms of structure, but it does impact the effects of the compounds:

• Delta 8 THC is generally acknowledged as “smoother” and easier to manage than delta 9 THC.
• Delta 8 THC is only about half as potent as delta 9 THC.
• Delta 8 THC has a longer shelf-life than its analog.
• Delta 8 THC has stronger appetite-stimulating effects.
• Delta 8 THC binds to both the CB1 and CB2 receptors.
• The human body develops tolerance to delta 8 THC much quicker than delta 9.

Is Delta 8 THC Natural?

Whether or not delta 8 THC is considered ‘natural’ is determined by how the FDA defines the word.

From a regulatory perspective, the word “natural” doesn’t necessarily refer to something sourced from a plant. For example, when a company says something is “all-natural,” the ingredients might be sourced from a plant. However, the same ingredients can be made in a lab and still be referred to as natural.

To be considered natural, a substance needs to be found in nature without intervention from humans.

This is true for delta 8 THC, which is found naturally in cannabis plants (albeit in low concentrations).

Some delta 8 THC preparations are sourced from hemp. However, due to the large amount required and the relatively low concentration found in hemp, many companies produce their delta 8 THC in a lab. This works by creating the perfect environment for other cannabinoids (change shape) into delta 8 THC.

If you wanted to learn more about how delta 8 THC is made, head over to this POST.

How to Use Delta 8 THC

Much like any other cannabinoids, there are several different ways that you can use delta 8 THC.

Delta 8 THC Vapes

Delta 8 THC vapes are made from a concentrated delta 8 THC distillate filled in an electronic disposable vape pen or replaceable cartridge.

Delta 8 THC distillate is sold as a thick paste with a clear to light brown color. Sometimes the extract is a light pinkish in color — all are perfectly normal; it depends on how the extract was made.

Distillates are then filled into a special reservoir with a heating element at the bottom. The heat converts the distillate into a vapor which is then inhaled. Once in the lungs, the delta 8 diffuses into the bloodstream. This process only takes a few minutes.

Vaping is most popular for its ease of use, portability, and rapid onset of effects.

Delta 8 THC Tinctures

This is another popular method of consumption for delta 8 THC. They’re usually made by infusing D8 distillate with a carrier oil. The potency for these products can vary significantly. You’ll have to do your own background check to make sure that these products are legally based on whether or not they contain delta 9 THC.

Tinctures are generally consumed orally. They can be taken directly or infused in a drink. They can be taken sublingually (held under the tongue) for faster onset, although the metabolism of THC compounds, when taken orally, converts the THC into a stronger compound.

Delta 8 THC Gummies

Gummies are a popular way to consume delta 8 THC. These products are made by mixing d8 distillate with a fruity gummy base. They’re like a capsule but are much more enjoyable to use.

Delta 8 THC gummies are popular for ease of use (no fussing with oils) and cost-effectiveness. They don’t hit quite as fast as a vape, but they’re a good option for people who prefer to avoid smoking or vaping their cannabis extracts.

Is Marijuana Legal in West Virginia?

No, marijuana for recreational use is strictly prohibited in the state of West Virginia. Adult cannabis use and marijuana possession could lead to criminal penalties, such as a stiff fine and a 90-day jail sentence. Second and third offenders of illegal weed possession and consumption get increasingly harsher law enforcement penalties and sentences.

Related: Where is marijuana legal in the United States?

What’s The Future of Delta 8 THC in West Virginia?

Delta 8 THC is currently illegal in West Virginia, and it’s unlikely that state laws regarding this cannabinoid will change soon.

The landscape of the cannabis industry is changing rapidly. Legislators realize that there is a lot of money to be made from cannabis products, and medical professionals are beginning to understand the impressive medicinal benefits of these compounds.

Currently, delta 8 THC is illegal and cannot be purchased in West Virginia. Whether or not this change is something nobody can know for sure.

FAQ on Delta 8 and Other Cannabinoids in West Virginia

Want to know the status of delta 8 and other cannabinoids in West Virginia? Then check out the short list below.

1. Is It Legal to Buy Delta 8 in West Virginia?

Delta 8 is illegal in West Virginia, even if it’s derived from industrial hemp with no more than 0.3% THC.

2. Is Delta 9 Legal in WV?

It depends. Marijuana derived delta 9 THC isn’t legal for adult use in West Virginia, but legal for medical use, which registered medical cannabis patients have access to. Hemp derived delta 9 THC is legal, provided it doesn’t exceed 0.3%.

3. Is Delta 10 Legal in West Virginia?

Delta 10 is covered by the same laws that apply to delta 8. That said, delta 10, even if it’s sourced from industrial hemp, is also illegal in the state.

4. Is HHC Legal in WV?

HHC is also covered by the same laws that govern delta 8 and delta 9, making this cannabinoid illegal in the state.

5. Will THCA be banned in West Virginia?

THCA or tetrahydrocannabinolic acid is currently legal in West Virginia, but under very strict limits. This non-psychoactive precursor acid to delta 9 THC is present in marijuana, which is only available to registered medical marijuana patients. If the THCA product is sourced from hemp, it must not contain more than 0.3% total THC after decarboxylation. Of note, THCA becomes THC when heated.