In West Virginia, recreational cannabis is illegal, medical cannabis is legal, and delta-8 THC is legal.
Last verified October 24, 2026 · Last major change March 2024
Illegal. Illegal; no statewide decriminalization.
Legal. Licensed dispensaries sell whole and ground flower for vaporizing, plus vape cartridges; smoking, edibles and home growing are not allowed, and a 2026 bill to add edibles (HB 5260) was not enacted.
Patients can buy whole and ground flower to vaporize, vape cartridges, capsules, oils, tinctures, liquids, topicals and dermal patches; smoking or any other combustion is not allowed and dispensaries cannot sell edibles.
Retailers with a state Agriculture Department permit may sell hemp-derived cannabinoids, including delta-8, to adults 21+ under a 2023 law amended in 2024, with approved labels and an 11% tax; a 2026 overhaul bill (SB 808) failed.
Legal. Delta-8, delta-10, HHC, THCP and THCV products may be sold to adults 21+ by any retailer holding a state permit; selling to anyone under 21 is a felony.
Possession is a misdemeanor: 90 days to 6 months in jail, a fine of up to $1,000, or both; a first offense under 15 grams must go to conditional discharge, ending in dismissal if terms are met.
In danger. Federal law excludes cannabinoids the plant cannot produce naturally (such as THC-O) from hemp Nov. 12, 2026, and converted cannabinoids such as delta-8 made from CBD, plus hemp products with more than 0.4 mg total THC per container, Dec. 11, 2026; 2026 state bills on hemp and medical edibles were not enacted.
In danger on this tracker: In a state where recreational cannabis is not legal, an enacted law, court ruling or enforcement action is removing THC products adults can legally buy today.