CHARLESTON, W.Va. (WBOY) — West Virginia has tightened regulations for hemp-derived cannabinoid and kratom products, with the latest Legislative Session passing a bill clarifying that authority to regulate the substances belongs to the Commissioner of Agriculture and the WV Alcohol Beverage Control Administration (WVABCA) Commissioner.
Senate Bill 679 allowed for collaboration and information sharing between the Tax Commissioner, the Commissioner of Agriculture, and the WVABCA Commissioner and for the WVABCA to enforce safety regulations on kratom and hemp-derived cannabinoid products at the retail level.
Hemp-derived cannabinoid products include products that contain cannabidiol, commonly known as CBD, which is not a psychoactive or high-inducing substance, or low concentrations of tetrahydrocannabinol, known as THC, which is the high-inducing compound in cannabis.
The 2018 Farm Bill removed hemp and derivatives with low concentrations of THC from the definition of marijuana in the Controlled Substances Act.
In a press release, the West Virginia Department of Agriculture (WVDA) said its main challenges in regulating hemp-derived and kratom products have been in handling out-of-state products, particularly from the West Coast, because some of the products are “potentially dangerous, federally illegal, or attractive to children.”
As of Wednesday, there were 1,063 registered hemp retailers with 1,707 hemp products registered in West Virginia, according to the WVDA. The release included the following numbers for 2024:
WVDA-inspected counties: 45
Illegal products confiscated: 611
Notices sent to county Prosecuting Attorneys: 48
Inspections: 276
Underage buys: 14 out of 75 attempts
The WVDA said the rest of West Virginia’s counties are scheduled for inspection and as necessary for enforcement actions.