West Virginia Cannabis & Substances Laws (2026)
A comprehensive legal reference for cannabis & substances in the state of West Virginia. This guide covers current statutes, penalties, and restrictions for 7 different categories.
CBD Products
LEGALWest Virginia permits hemp-derived CBD products with less than 0.3% THC under W. Va. Code § 19-2E-1 et seq. The West Virginia Department of Agriculture regulates hemp and CBD products, requiring testing and registration.
Possession
Legal to possess hemp-derived CBD with less than 0.3% THC.
Sale
Sale is legal if products comply with state testing and registration requirements.
Penalties
N/A
Age Restriction
18+ to purchase CBD products.
Delta-8 THC
RESTRICTEDWest Virginia allows hemp-derived cannabinoids including Delta-8 THC under W. Va. Code § 19-2E-1 et seq., but products must contain less than 0.3% Delta-9 THC. The state regulates hemp products and requires testing and labeling.
Possession
Legal if Delta-9 THC is below 0.3%.
Retail Sale
Sale allowed with compliance to hemp program rules and testing requirements.
Penalties
Violations can result in fines and misdemeanor charges.
Age Restriction
21+ for purchase.
Delta-9 THC Edibles
LEGALHemp-derived Delta-9 THC edibles (under 0.3% THC by dry weight) are legal in West Virginia under the 2018 Farm Bill. In March 2026, the House approved a bill to allow medical cannabis edibles with a cap of 10mg of THC per serving.
Possession
Legal under 0.3% THC by dry weight
Retail Sale
Legal at retail and online
Penalties
Products exceeding 0.3% THC are treated as marijuana.
Age Restriction
21+ in most jurisdictions
Kratom
RESTRICTEDKratom is legal in West Virginia. but regulated under WV Code § 16-5H-1 et seq., which requires labeling and prohibits sale to minors under 18. The state also mandates consumer warnings.
Possession
Legal to possess kratom.
Sale
Sale allowed with labeling and warning requirements; sale to persons under 18 prohibited.
Penalties
Fines for violations of labeling and sale to minors under WV Code § 16-5H-4.
Age Restriction
18+ to purchase
Psilocybin / Magic Mushrooms
ILLEGALPsilocybin mushrooms are illegal in West Virginia under W. Va. Code § 60A-4-401, classified as a Schedule I controlled substance. Possession, sale, and manufacture are prohibited.
Possession
Illegal to possess any amount of psilocybin mushrooms.
Distribution
Illegal to sell or distribute psilocybin mushrooms.
Penalties
Possession is a felony punishable by 1 to 10 years imprisonment and fines up to $10,000.
Age Restriction
None (illegal for all ages).
Recreational Marijuana
ILLEGALRecreational marijuana is not legal in West Virginia, but medical marijuana is available with a qualifying condition and state-issued card. No significant legislative changes since 2023.
Personal Possession
Medical only with state card. Recreational possession of any amount is a misdemeanor (up to 90 days jail, $500 fine for first offense). Subsequent offenses carry increasing penalties.
Retail Purchase
Illegal for recreational purposes. Medical marijuana is available through licensed dispensaries under the Medical Cannabis Act.
Penalties
First offense: misdemeanor, up to 90 days, $500 fine. Second offense: up to 6 months, $3,000 fine. Distribution: felony, 1-5 years.
Age Restriction
18+ with medical card, 21+ in some programs
Salvia
RESTRICTEDSalvia divinorum is not a controlled substance in West Virginia and is legal to possess, sell, and use. No significant legislative changes.
Possession
Legal. Salvia divinorum is not a controlled substance in West Virginia. No restrictions on personal possession.
Sale
Legal to sell in retail stores and online in West Virginia. No special licensing required.
Penalties
N/A
Age Restriction
None