West Virginia legalized hemp cultivation and production with the passage of HB 2453 in 2002, further aligning with the federal 2018 Farm Bill, which legalized hemp nationwide by removing it from the list of controlled substances and defining it as cannabis containing less than 0.3% THC. The West Virginia Department of Agriculture (WVDA) oversees the state’s hemp program, which includes licensing, compliance, and enforcement.

Types of Licenses

The WVDA offers several types of licenses within the hemp industry:

• Hemp Grower License: Permits the cultivation of industrial hemp.
• Hemp Processor License: Allows for the processing of hemp into various products.
• Hemp Seed Dealer License: Permits the sale and distribution of hemp seeds.

Costs of Acquisition

• Application Fees:

• • Hemp Grower License: $500
  • Hemp Processor License: $500
  • Hemp Seed Dealer License: $500

• Annual Licensing Fees:

• • The fees range from $500 to $2,000, depending on the scale and type of operation.

Application Process

• Pre-Application Preparation:

• • Research Requirements: Understand all relevant state and federal regulations.
  • Secure Location: Ensure the proposed site complies with zoning and land use laws.
  • Develop Business Plan: Prepare necessary documentation, including security plans, operational procedures, and financial plans.

• Submit Application:

• • Complete Forms: Fill out the appropriate application forms available on the WVDA website.
  • Pay Fees: Submit the non-refundable application fee.
  • Provide Documentation: Include detailed site plans, proof of legal access to the site, and financial statements.

• Application Review:

• • WVDA Review: The WVDA reviews applications to ensure compliance with state and federal laws.
  • Background Checks: Conducted on all applicants and key personnel.

• Inspection:

• • Site Inspection: The WVDA conducts on-site inspections to verify compliance with regulatory standards.
• Licensing:
  • Issuance: Upon successful review and inspection, the WVDA issues the license.

Restrictions and Compliance

Hemp businesses in West Virginia must adhere to various restrictions and compliance requirements:

• THC Testing: All hemp and hemp products must be tested to ensure THC levels do not exceed 0.3% on a dry weight basis. Testing must be conducted by a WVDA-approved laboratory.
• Record Keeping: Licensees must maintain detailed records of planting, harvesting, and processing activities, which must be made available to the WVDA upon request.
• Reporting Requirements: Regular reports detailing cultivation and production activities must be submitted to the WVDA to ensure ongoing compliance.
• Zoning and Land Use: Cultivation and processing sites must comply with local zoning regulations, including restrictions on proximity to schools, residential areas, and other sensitive locations.