How to Start a Hemp Farm or Processor in West Virginia: WVDA Industrial Hemp Application Window

If you want to grow industrial hemp or process it in West Virginia, the West Virginia Department of Agriculture (WVDA) controls the front door. Its industrial hemp program runs under West Virginia Code chapter 19, article 12E and rule 61 CSR 29. That program decides who can plant, who can process, and what it costs to get licensed. The rule is under revision, so check with WVDA for the current version before you file. This guide covers how to start a hemp farm business in West Virginia, from choosing your structure to the paperwork that gets rejected most often.

Deadline: Growing applications for the 2027 season must be postmarked between September 1 and October 31, 2026. Only original, signed paper applications are accepted. Processors with no growing site may apply year-round.

This is informational content, not legal or tax advice. Hemp rules, fees, and federal THC limits change. Confirm every figure below with the agency named in the step where it appears, and consult a qualified attorney and CPA before you commit money to land, equipment, or a processing building.

Decide first: grower, processor, or both

WVDA treats growing and processing as separate activities with separate fees. Settle which one you are doing before you fill in any form, because the application you file determines the sites, documents, and money you need.

• Grower: you plant and harvest hemp on land you own or lease. Each non-contiguous growing site needs its own application and fee.
• Processor: you extract, refine, or manufacture products from hemp. A processor with no growing site of its own may apply at any time of year.
• Both: you grow and process. You pay the growing fee for each growing site and the processing fee for each processing site.

What you need before you apply

Gather these before you touch the form. Missing items are the most common reason a complete-looking application gets sent back.

• Land records for every growing site: a copy of the deed. If the land is leased, a lease that covers the full growing year.
• Farm Service Agency information for each site.
• GPS coordinates for each site.
• An aerial map of each site showing the field boundaries.
• Application fees: $100 per non-contiguous growing site and $100 per processing site. These fees are non-refundable.
• Your entity paperwork if you will not operate as a sole proprietor (see step 2).
• A plan for measuring THC before harvest. Ask WVDA which testing it requires and who may perform it.
• A Letter of Intent if you are still lining up land or a facility. Understand first that it does not allow you to possess plants or seed.

Step-by-step: starting your hemp business in West Virginia

1. Confirm the window and your season

   Growing applications for the 2027 season must be postmarked from September 1 to October 31, 2026. The postmark is what counts, so an application that is still sitting on your desk on October 31 misses the window. Plan as if a late growing application will not be accepted for 2027, and ask WVDA in writing what happens to any filing that arrives after the deadline. Processors without a growing site are not bound by this window and can file at any time.

2. Choose and register your business entity

   WVDA will want a legal name that matches your records. If you form an LLC, file Articles of Organization (Form LLD-1) with the West Virginia Secretary of State. The filing fee is $100, and you can file online through the WV One Stop Business Portal at business4.wv.gov or on paper. The name must contain 'limited liability company,' 'limited company,' or one of the abbreviations LLC, L.L.C., LC, or L.C. It also must be distinguishable from every name already on file. You can reserve a name for 120 days for $15.

   A corporation files Articles of Incorporation (Form CD-1) for the same $100 fee. Entity formation is a filing with the Secretary of State. It is not a hemp license, and it does not replace one.

   If you operate under a name other than your own, you need a trade name (DBA) registration. Individuals, sole proprietors, and general partnerships pay no filing fee (Form TN-1). Corporations, LLCs, and other registered entities pay $25.00 (Form NR-3), plus a $1.00 online processing fee if you file through the portal.

   West Virginia does not require a commercial registered agent. The LLD-1 asks for an agent for service of process only 'if any,' so you may name yourself, a resident, or another business. Name one anyway if you want service of process to reach you directly rather than through the Secretary of State.

3. Assemble the land file for each site

   Each growing site gets its own packet: GPS coordinates, an aerial map, the deed, and Farm Service Agency information. A field across the road from your main farm may count as a separate non-contiguous site. Ask WVDA how it defines contiguous before you draw your maps, because the answer changes your fee total. If you lease, the lease must cover the entire growing year. A lease that expires in midseason does not work.

4. Check city and county rules

   West Virginia has 55 counties and 230 incorporated places, and local rules sit on top of state licensing. Confirm agricultural and processing zoning with the county, and ask whether the site is inside city limits. Cities levy their own gross receipts business and occupation (B&O) tax on shops, contractors, and services, along with a city business license and a weekly per-worker city service fee. The state B&O tax applies only to utilities, so do not assume a state filing covers you. Also note that 101 municipalities add a 1% sales tax to the 6% state rate, and that the count rises to 107 on January 1, 2027. Get the answers in writing.

5. Plan the trades for any processing building

   A processing facility needs construction and utilities work, and West Virginia licenses several trades statewide. The Contractor Licensing Board licenses contractors for residential work above $5,000 and commercial work above $25,000. The State Fire Marshal licenses electricians. The Division of Labor licenses plumbers and HVAC technicians. Whether your build-out triggers each requirement depends on the scope, so confirm with each agency before you sign a build contract.

6. Register for the Tax Division if you process or sell

   Farming is exempt from the $30 Business Registration Certificate fee under 11-12-3(d)(5). Processors and retailers should confirm with the Tax Division whether they need one. The certificate costs $30, is permanent until the business name, location, or ownership changes, and requires a separate certificate for each business location. Apply through the Tax Division at tax.wv.gov or on business4.wv.gov. If you will sell taxable products at retail, ask the Tax Division whether you need a sales tax permit as well.

7. Submit the original signed application by the postmark deadline

   Send the original, signed paper application with your fees and attachments. Photocopies and scans do not count as the application. Use the mailing address printed on the current WVDA form, and send it by a method that gives you a dated receipt, such as certified mail with return receipt. Keep a copy of the complete packet and the receipt. Do not rely on a phone call or email to confirm that WVDA has it.

8. Pay the licence fees if you are approved

   Approval triggers the licence fee: $100, plus $5 per acre, for each growing site. Each processor facility adds $500, and WVDA invoices that amount. For example, a 20-acre growing site costs $100 for the licence plus $100 for the acreage, or $200. Added to the $100 application fee, that is $300 for the first season. This example assumes the per-acre charge applies per site, so confirm the calculation with WVDA before you budget.

9. Pay the alteration fee for later changes

   Sites added after the application window carry a $50 alteration fee. Build your site list before the window closes if you can, because late additions cost more and may not be approved in time for that season.

10. Register each hemp product you sell

    Selling hemp products requires separate product registration at $200 per product, with the total capped at $1,000 per manufacturer. Five products reach the cap. Register products before they reach retail, and keep a lab record for each batch so the product matches what you registered.

Fee summary

Item	Amount	When it applies
Growing application	$100 per non-contiguous growing site	With the application; non-refundable
Processing application	$100 per processing site	With the application; non-refundable
Licence fee	$100, plus $5 per acre	If approved, per growing site
Processor facility fee	$500 per facility	If approved; WVDA invoices
Alteration fee	$50	Sites added after the window
Product registration	$200 per product, capped at $1,000 per manufacturer	Before selling each product
LLC Articles of Organization	$100	Secretary of State filing
Business Registration Certificate	$30	Permanent; farmers exempt; processors and retailers confirm

Common mistakes to avoid

• Missing the postmark deadline. The window closes October 31, 2026. A receipt dated November 1 does not help a growing application.
• Sending a fax or email. Only original, signed paper applications are accepted.
• Treating a Letter of Intent as permission to plant. It does not allow you to possess plants or seed.
• Leasing land with a short lease. The lease has to cover the whole growing year.
• Undercounting sites. Each non-contiguous site carries its own fee, and sites added later cost $50 more.
• Mismatched names. If the LLC name on the Secretary of State filing differs from the name on the deed, lease, and application, expect questions and delays.
• Believing a Secretary of State filing is a license. Registering an LLC is a filing. The hemp license comes from WVDA.
• Skipping city rules. A state approval does not settle zoning, city licensing, or the city B&O tax.
• Ignoring the THC limit. The limit is 0.3% or the current federal limit if that is higher. Measure before harvest, and confirm the current federal figure, since it may change.

Tips that save time

• Build the site list first. Decide every growing site before you draw maps or pay fees, because the fee and alteration rules reward getting it right on the first filing.
• Ask for written answers. Get answers on contiguity, testing, and city requirements in writing, and keep them with your application file.
• Use free help. The West Virginia Small Business Development Center can review your plan before you spend money on it.
• Check the Secretary of State directly. Search names and file at sos.wv.gov/business to confirm that your name is available.

Expected results, stated carefully

A realistic first season, once approved, is a licensed plot, a documented harvest, and lab test records for each batch. Yields and prices vary widely with land, weather, equipment, and buyers, and this guide does not quote yield or income figures because none are verified here. Plan your budget around the fees above and your own costs, not around anyone else's headline numbers.

Be careful with what you say about the product. The FDA has not approved hemp-derived CBD as a dietary supplement or as a food additive, and products sold with health claims draw regulatory attention. Describe what a product contains and what your testing shows. Avoid any language that says a product treats, cures, or prevents a disease, and let your attorney review labels and marketing before launch.

Next steps

Confirm the October 31, 2026 postmark deadline, decide whether you are growing, processing, or both, and get your land file and fee calculation in order. Then confirm each open item with the agency named for it: WVDA for hemp rules and fees, the Secretary of State for entity filings at sos.wv.gov/business, and the Tax Division at tax.wv.gov. Because this is informational content and not legal or tax advice, have a qualified attorney and CPA review your entity choice, lease terms, and product plans before you file.