On December 11, a change in federal law will reclassify many of the CBD oils and other hemp-derived products West Virginians use every day as marijuana, making them illegal under federal law. That outcome is avoidable. For nearly a decade, West Virginia has shown that these products can be regulated responsibly, and our approach offers Congress a better model: regulate the products, protect consumers, and hold businesses accountable.
West Virginia has regulated hemp-derived products since 2023. That year, the Legislature directed our department to permit the businesses that make and sell them, test for contaminants and potency, set labeling standards, and limit sales of intoxicating products to adults 21 and older. In 2024, more than 1,000 retail locations registered with our department, from independent pharmacies to farm-supply stores. That same year, our inspectors conducted 276 inspections in 45 counties and confiscated 611 illegal products. We also worked with the Alcohol Beverage Control Administration and the state Tax Division on underage purchase operations. The federal change would override a system that already addresses many of the concerns behind it, and it threatens markets that West Virginia growers and retailers have spent years building.
I have been part of hemp’s growth in West Virginia since before it was an established industry here. As a state senator in 2015, I voted to make it easier for researchers to get permits to grow hemp legally. In 2017, my first year as agriculture commissioner, the Legislature authorized our department to license commercial growers. Congress followed in the 2018 Farm Bill, and the industry grew on the strength of that federal commitment. Since then, we have cut product registration fees in half for hemp grown, harvested, and manufactured in West Virginia to support our local economy. A sweeping federal prohibition would put those investments at risk and leave farmers and small businesses with fewer places to sell what they produce.
Supporters of the federal provision point to synthetic intoxicants and consumer safety. Those concerns are legitimate, and Congress has already addressed part of them: restrictions on synthetic cannabinoids take effect November 12. Instead of also prohibiting naturally derived hemp products across the board, Congress should set reasonable national standards for independent laboratory testing, accurate labeling, appropriate potency limits, and age restrictions. States should stay free to adopt stronger consumer protections. West Virginia has shown that these safeguards work and can be enforced.
Congress has already pushed back the deadline once, and it can do so again to give itself time to write that framework. Our congressional delegation is well positioned to make sure West Virginia’s experience informs that work. We hope they will act before December 11 to build a federal framework that protects consumers and keeps opportunities open for the farmers, retailers, and small businesses who have invested in this industry.
Our farmers and small businesses deserve certainty. Our consumers deserve meaningful protections. West Virginia has shown we can provide both.
Kent Leonhardt is commissioner of the West Virginia Department of Agriculture.
