West Virginia Smoke Shop Regulations

Legal to sell, but only with a permit. W. Va. Code 19-12E-12 names delta-8 THC as a regulated hemp-derived cannabinoid and requires anyone manufacturing, processing, distributing, offering for sale or selling hemp-derived cannabinoid products in West Virginia to hold a permit issued by the Commissioner of Agriculture, plus a West Virginia business registration certificate. Out-of-state sellers shipping into West Virginia are covered too. Retail sales carry a state privilege tax, and the rules are enforced by the commissioner with the Alcohol Beverage Control Administration. A smoke shop can stock delta-8 here, but not without the permit.

Regulated under the Select Plant-Based Derivatives Regulation Act: Kratom (W. Va. Code art. 19-12F). A permit from the Commissioner of Agriculture is required to manufacture, process, distribute or sell kratom in West Virginia, and selling without one is a crime — a misdemeanor for a first offense and a felony for a second. Sellers must also hold a West Virginia business registration certificate, and the commissioner publishes a public list of permitted entities. Sales are limited to buyers 21 and older, websites selling into the state must verify age electronically, labeling is mandated by statute, and non-compliant product is contraband subject to seizure, forfeiture and destruction.

West Virginia Alcohol Beverage Control Administration

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