Delta 8 THC is legal according to West Virginia state law. Like federal law, West Virginia specifically legalized all derivates, cannabinoids, and isomers of hemp including all THC other than delta 9 THC.
(g) “Hemp” or “industrial hemp” means all parts and varieties of the plant Cannabis sativa L. and any part of the plant, including the seeds of the plant and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not with no greater than 0.3% tetrahydrocannabinol, or the THC concentration for hemp defined in 7 U.S.C. § 5940, whichever is greater;
7 U.S. Code § 5940.Legitimacy of industrial hemp research
(2) Industrial hemp
The term “industrial hemp” means the plant Cannabis sativa L. and any part of such plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.
(h) “Hemp products” means all products derived from, or made by, processing hemp plants or plant parts, that are prepared in a form available for commercial sale;
(j) “Marijuana” means all plant material from the genus cannabis containing more than one percent tetrahydrocannabinol or seeds of the genus capable of germination;
(l) “THC” means tetrahydrocannabinol. Notwithstanding any other provision of this code to the contrary, the THC found in industrial hemp shall not be considered to be THC for the purposes of qualifying as a controlled substance.
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