Rythm

West Virginia

Hemp-derived THC beverage regulation

West Virginia

State Regulated
Beverage Status State Regulated
Cannabis Regulation Medical
Retail Outside Dispensary? Yes.
Section 01

General Regulation

Hemp Derived THC Beverage Status State Regulated
Cannabis Regulation Medical
Retail Outside Dispensary System? Yes.
Hemp Beverages Specifically Regulated? Yes.
Serving / Potency / Dosage / THC Type Limit

Total THC must be no greater than 0.3% by dry weight. Limited to non-synthetic cannabinoids, but specifically allows D8, D10, HHC, THCp, and THCv. A live document from the WVDA divides regitrable/non-registrable hemp products: https://agriculture.wv.gov/wp-content/uploads/Current-list-of-Registerable-Allowable-and-Un-Registerable-Unallowable-Hemp-Products.pdf

DTC from Out-of-State Yes, with registration.
Licensing

The state requires manufacturers, processors, distributors, and retailers to register and register all products. Out of state sellers must obtain business registration certificates in addition to registering as a retail establishment (even if online only). The privilege tax is 11% of the retail sales price. The state discounts the annual registration fee for products containing hemp from the state.

Additional Notes

Per WV Code 19-12E-12(g): Any website owned, managed, or operated by a person who manufactures, processes, distributes, offers for sale, or sells hemp-derived cannabinoid products to persons in this state shall employ a neutral age-screening mechanism to verify legal age. The mechanism may include an age-gate, age-screen, or any other age-verification mechanism approved by the commissioner. Any person or entity distributing, offering to distribute, or selling hemp-derived cannabinoid products to persons in this state by means other than a direct in-person transaction shall employ an age verification mechanism approved by the commissioner.

Section 02

Labeling & Packaging Requirements

State Has Labeling Rules? Yes.
State Has Packaging Rules? Yes.
Label / Product Registration

Y, registration packets, labels, and COAs must be accepted and approved by the WVDA before sale. The fee is $200 per year per product.

Symbol Required? No
Symbol Detail
Best By / Expiration / Use By

61-30-8, Subdivision 8.12.g : The following requirements must be met for the information panel [ . . .] Expiration or use by date, if applcable;

Labeling Description

1. Must be labeled in accordance with FDA guidelines for food.

2. No disease or drug claims that are not approved by the FDA.

3. Must be able to trace the product lot to the plant origin.

4. The product cannot be attractive to children. This includes, but is not limited to: The use of cartoons; The use of images popularly used to advertise to children; The imitation of a candy label.

5. The label cannot include false or misleading information. This includes untrue or unproven information that leads consumers to have an inaccurate impression.

6. The label cannot include the use of the word “organic” unless referencing certified organic products that have been certified as organic in accordance with the National Organic Program, as provided for by the USDA.

7. Labels will be considered misbranded when a WVDA analysis finds the claim is above or below 20% of the cannabinoid amount declared on the label, excluding any tetrahydrocannabinols.

The following requirements must be met for the primary label:

• The product must be identified with the generic or common name; and

• If the product contains any amount of cannabinoid(s), the label must properly identify them.

A QR code, or similar tool, may be used in lieu of labeling requirements on the physical label’s informational panel for all required information except that required by subsection 8.13 (cannbinoid contet/serving) and 8.14 (warning statement) and subdivision 8.12.i (nutrition facts panel) of §61-30-8.

The following requirements must be met for the information panel:

• Manufacturer’s name and contact information.

• Batch or lot number.

• Instructions for use and any preparation needed, if applicable;

• List of all ingredients in descending order by weight or volume.

• Allergens if applicable.

• Artificial food coloring, if applicable.Expiration or use by date, if applicable.

• Refrigeration or refrigerate after opening warnings, if perishable after opening.

• For edible products, sodium, sugar, carbohydrates, and total fat perserving.

• The net weight or volume of the contents of the package, in both metric and US customary units must be displayed.

• Any product containing more than 0.3% of any tetrahydrocannabinols must declare “NOT INTENDED FOR SALE TO PERSONS UNDER THE AGE OF 18” on the label.

• For tetrahydrocannabinolic-acid, any product containing more than 0.3421% of this compound will also be required to have this declaration on the label.

The cannabinoid content, in milligrams, may be posted on either the primary or informational panel, and must include:

• Any product label claiming a guaranteed cannabinoid (if applicable) shall provide the total amount of the claimed cannabinoid content per package for all manufactured products; and

• Cannabinoid (if applicable) content per serving for all hemp products, with designated serving sizes.

• A QR code, or similar tool, may be used in lieu of labeling requirements on the physical label’s informational panel for all required information except that required by subsection 7.13 and subdivision 7.12.i of §61-30-8.

Warning Statement

WARNING STATEMENT: "KEEP OUT OF REACH OF CHILDREN. CONSULT YOUR PHYSICIAN BEFORE USE IF YOU ARE PREGNANT OR TAKING ANY MEDICATION" and "USE OF THIS PRODUCT MAY IMPACT DRUG TESTING RESULTS”

Packaging Description

See labeling.

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