West Virginia Commences Regulating Entire CBD Industry

The West Virginia Department of Agriculture’s (“WVDA”) Hemp Products rule aims to regulate all CBD products entering West Virginia’s stream of commerce. Commencing July 1, 2020, all manufacturers and retailers of CBD Products that are available for distribution in West Virginia must register with the WVDA, regardless of whether the manufacturer is physically located within the State.

Utilizing an annual registration and certification program, the WVDA’s Hemp Products legislative rule sets forth uniform labeling, dosing, and testing parameters for all regulated CBD products in West Virginia. Failure to abide by such standards may result in certain enforcement actions by the WVDA, including the assessment of administrative civil penalties and/or a formal embargo of CBD products.

Regulated CBD products include hemp-derived: (i) seed and seed derivatives; (ii) concentrates/extracts; (iii) edibles/drinks; (iv) tinctures; (v) topicals/lotions; (vi) transdermal patches; (vii) fiber/fiber products; (viii) aerosols; (ix) vaping products; and (x) smokable flower.

If you have questions about West Virginia’s Hemp Products legislative rule or how the Department of Agriculture’s regulation of the CBD industry in West Virginia could impact you, please contact one of the authors of this Cannabis Counsel alert.