West Virginia hemp farmers frustrated with regulations as Delta 8 products sell unscathed

SISTERSVILLE, W.Va. (WBOY) — After a Tyler County hemp farmer lost one-third of his crops on Tuesday to strict statewide regulations, the frustration of hemp farmers around the state is growing louder as delta-8 product sales seem to be sweeping the state.

Corey Wells lost about $1,000 worth of crop and labor from a mandatory burn from the West Virginia Department of Agriculture on Tuesday, and as the sole proprietor of his farm, the loss doesn’t come easy.

The plants burned were the last batch of crops planted and tested nine-hundredths of a percent over the legal limit; all this while delta-8 products are seemingly unscathed on shelves with synthetic cannabinoids.

Wells told 12 News how the state recently did away with third-party testing of hemp samples.

“The West Virginia program did away with COAs for product registration, which leaves it up to the farmer fully to create the label, which, you’re putting a lot of trust in the person making the product to tell you exactly what’s in there. I don’t think any other industry does that,” Wells said.

West Virginia Senate Bill 546 was signed in March of 2023 and banned synthetically produced cannabinoids; these are created through a chemical conversion process.

These cannabinoids include THC-P, HHC, alongside a list of others that can most commonly be purchased in gas stations and vape stores.

“Taking CBD isolates and converting that to delta 8, it’s not really a natural isomer, so people don’t really know exactly what they’re smoking. That stuff can age, especially if you mix different blends that can chemically convert even while it’s resting in the product. It would take a lot more rigor on the state side, which might be what we need. In the end, it would suck to see more testing, and we would probably be the ones to pay for it, but at least the end consumer would know what they’re consuming,” Wells said.

With no supply chain that would benefit hemp farmers in West Virginia, the number of farmers across the state is dwindling, but those who remain passionate about the industry are calling on the state for action.