Marmet Tobacco & Vape

W. Va. Code 19-12E-3(g) caps hemp at '0.3% tetrahydrocannabinol' without qualifying it as delta-9, and WVDA legislative rule 61 CSR 30-2.34 resolves what that means: 'THC means tetrahydrocannabinol and is used interchangeably with TotalTHC. Which means the quantifiable amount of Delta-9 THC plus 0.877 of the amount of tetrahydrocannabinolic acid in a product.' THCA therefore counts, and the registerable-cannabinoid list names THCA expressly at under 0.3% Total THC. Every product sold in the state, including out-of-state product, must be registered annually (61 CSR 30-4.1), and selling above the authorized THC content is a Class I flagrant violation. Flower and pre-rolls cannot be registered. Delta-8, delta-10, HHC, THCP and THCV carry no concentration cap, so 21+ permitted retailers still sell vapes, edibles, tinctures and concentrates built on those.

Separately, the federal hemp definition changes on November 12, 2026, when total THC replaces delta-9 as the test and finished products are capped at 0.4 mg of total THC per container. That applies nationwide regardless of state law.

Status reviewed July 30, 2026. Hemp rules are changing quickly and several are in litigation — verify against your state's statute or agency rule before you buy or sell. This is not legal advice. See all 51 jurisdictions .