West Virginia Hemp, CBD and Kratom Laws: WVDA Registrations, Fees and What Is Legal
West Virginia Hemp, CBD and Kratom Laws: WVDA Registrations, Fees and What Is Legal
If you sell hemp products, CBD, delta-8 products or kratom in West Virginia, the rules come from the West Virginia Department of Agriculture (WVDA) and the State Tax Division, not from a general state business license. The most common mistake new sellers make is assuming that a Secretary of State filing covers them. It does not. People searching for a west virginia hemp license are usually looking for one of three things: a WVDA product registration, a WVDA retailer registration, or the tax setup that comes with selling these products.
This guide covers the WVDA fees and deadlines, the 11% tax on certain hemp-derived products, what is and is not legal, and the other registrations you will need. This is informational content, not legal or tax advice. These rules change often, so confirm current figures with the agency before you buy inventory or sign a lease.
Quick answer
- Every hemp and kratom product sold in West Virginia is registered with WVDA each year under rule 61 CSR 30.
- Product registration costs $200 per product, or $100 for hemp grown and made in West Virginia and registered with the WV Grown program.
- Retailers that sell hemp, including online stores, register with WVDA at $100 per retail establishment.
- Certain hemp-derived cannabinoid and kratom (HKT) products carry an 11% Tax Division tax on the retail sales price, in addition to sales tax.
- Adult-use cannabis is not legal in West Virginia.
What is legal and what is not
West Virginia treats hemp, medical cannabis and adult-use cannabis as separate categories. Adult-use cannabis, meaning marijuana sold for recreational use, is not legal. Medical cannabis is a separate program with its own rules, and selling hemp is not the same thing as participating in it. If you cannot tell which category a product falls into, do not sell it until WVDA has confirmed the answer in writing.
Hemp-derived CBD products fall under the WVDA hemp framework and need product registration like other hemp products. Kratom is handled through WVDA as well, but it has its own application, fee schedule and tax treatment. Because the rules attach to both the product and the seller, the question is not only what the ingredient is. You also need to know whether the product is registered, whether the seller is registered, and whether the product is taxed.
WVDA product registration: fees and deadlines
Hemp and kratom products are registered with WVDA every year under rule 61 CSR 30. Registrations run from January 1 to December 31, so each calendar year needs a new filing. The fee is charged per product, and each registrant has a maximum total that applies no matter how many products it files.
| Registration type | Fee per product | Maximum per registrant |
|---|---|---|
| Standard hemp or kratom product | $200 | $1,000 |
| Hemp grown and made in West Virginia, registered with the WV Grown program | $100 | $500 |
| White-label products | Confirm with WVDA | $2,000 |
The cap changes the math for larger catalogs. A registrant with six standard products pays $1,200 at the per-product rate, but the $1,000 maximum applies, so the total is $1,000. A registrant with four standard products pays $800. Ask WVDA whether the per-product fee for white-label products is the same as the standard rate, because the brief for this guide does not settle that figure.
Payments made with a foreign check carry a $35 foreign check fee. Plan for it if your bank or payment method is outside the United States.
Retailer registration
Retailers that sell hemp products register with WVDA at $100 per retail establishment. The requirement covers online stores as well as physical shops, so an online seller should not treat itself as exempt because it has no storefront. If you sell only your own products, you pay no retailer fee, but you still must register. The absence of a fee does not remove the registration requirement.
WVDA publishes lists of registered products and registered sellers. Buyers, distributors and state staff can check your status there, so expect your business name and product names to be public once you are registered. Make sure the names on your registration match the names you use on your packaging and website.
Kratom sellers: the separate application
Kratom sellers pay a $1,500 non-refundable application fee and then $300 a year. Non-refundable means you keep no part of the $1,500 if the application is not approved, so read the requirements before you file. Applicants also submit a letter of good standing from the Tax Division. Ask the Tax Division for that letter early, because it is a document you need before the application is complete.
Kratom products are also subject to the HKT tax described below, and they must be registered like other products. Do not assume that a kratom application follows the hemp process step by step. Confirm each requirement with WVDA before you pay.
The 11% HKT tax
Hemp-derived cannabinoid and kratom products, which the state calls HKT products, carry an 11% tax collected by the Tax Division. The tax is calculated on the retail sales price and is charged in addition to the 6% state sales tax. You file it electronically through MyTaxes. Before you can file, you must hold a WVDA HKT permit, so apply for the permit before you start selling taxed products.
The taxed cannabinoids named for this guide include delta-8, delta-9, delta-10, HHC, THCP and THCV. Treat that list as a starting point, not a complete answer. Ask WVDA and the Tax Division for the full list of taxed cannabinoids before you set prices, because a missed tax is your liability, not the agency's.
If you sell a product that contains one of these cannabinoids, build the 11% into your pricing model. Remember that it sits on top of sales tax, so the customer's final price is higher than the tax-free price you would otherwise quote.
Growing industrial hemp: the 2027 window
Industrial hemp growers apply to WVDA between September 1 and October 31, 2026, for the 2027 growing season. Growers should treat October 31, 2026 as the deadline and confirm the timing with WVDA directly. Processors that do not grow their own hemp can apply year round. The application fee for growers should be checked with WVDA before you submit, because this guide does not state a settled figure for it.
If you plan to grow and also sell finished products, you will need both the grower path and the product registration path. Keeping those two tracks separate in your planning avoids missed deadlines.
Other registrations you will need
West Virginia has no general statewide business license. The closest equivalent is the Business Registration Certificate from the State Tax Division. It costs $30 as a one-time fee, does not expire, and remains valid until your business name, location or ownership changes. You need a separate certificate for each fixed business location. You can apply on Form WV/BUS-APP or online through the business portal at business4.wv.gov.
Forming your company is a separate step. An LLC files Articles of Organization (Form LLD-1) with the Secretary of State, with a $100 filing fee. The recurring filing is the annual report, which is due June 30 and carries a $25 fee. A report filed after June 30 costs $75 because of a $50 late fee. Registering with the Secretary of State is a filing, not a license, so it does not replace the Business Registration Certificate or any WVDA registration.
Sales tax is a separate obligation. The state rate is 6%. As of today, 101 municipalities add a 1% local sales tax on top of the state rate, and 107 will do so from January 1, 2027. Cities also levy a gross-receipts business and occupation tax, and some require a city business license and a weekly per-worker city service fee. The state B&O tax applies only to utilities, so the city where your store, warehouse or office sits can add obligations that the state does not. Check your city before you open. West Virginia has 55 counties and 230 incorporated places, and local rules vary.
Rules that may have changed
Two 2026 bills, SB 220 and SB 985, may change how hemp and kratom are regulated in West Virginia. Ask WVDA for the current status of each bill and whether it changes your registration, fees or tax obligations. Do not rely on any summary of these bills, including this one, until WVDA confirms the position.
Federal rules on hemp-derived THC have also been under review. A state registration does not settle whether a product is lawful under federal law. Confirm the federal position with a qualified attorney before you commit to a product line.
Step-by-step checklist
- Sort every product into one of three groups: hemp, kratom, or not sold.
- Form your entity if you have not already. An LLC costs $100 to file, and its annual report is due June 30.
- Obtain the $30 Business Registration Certificate for each fixed location.
- Request a Tax Division letter of good standing if you are filing a kratom application.
- Apply for the WVDA HKT permit before selling any taxed cannabinoid or kratom product.
- Register each product with WVDA at $200 per product, subject to the $1,000 maximum, or $100 for qualifying WV-grown products.
- Register as a retailer at $100 per retail establishment, or register at no fee if you sell only your own products.
- Set up sales tax collection and check whether your city charges a local sales tax, B&O tax or business license fee.
- Set up MyTaxes for the 11% HKT tax and calendar each filing.
- Mark your calendar: product registrations run January 1 to December 31, the annual report is due June 30, and the grower window closes October 31, 2026.
Where to confirm the figures
Use the official sources for any figure you plan to rely on. The West Virginia Secretary of State business page is at https://sos.wv.gov/business, and business searches are available at http://apps.sos.wv.gov/business/corporations/. The State Tax Division is at https://tax.wv.gov/, and the sales tax and business registration page is at https://tax.wv.gov/Business/BusinessRegistration/Pages/BusinessRegistration.aspx. The WVDA sets and publishes the hemp and kratom registration requirements, so contact the department directly for its current forms, fees and contact details before you file.
When to call a professional
A single product registration with one seller is manageable on your own. A multi-product catalog, an online store shipping across city lines, a kratom operation, or a plan to both grow and sell finished products is a different situation. Those cases call for an attorney who handles hemp and dietary product issues, and a CPA who can model the 11% HKT tax, sales tax, city taxes and entity costs together.
This guide is informational content, not legal or tax advice. It is based on the figures and rules available when it was written, and those figures and rules change. Confirm every fee, deadline and requirement with the West Virginia Department of Agriculture, the State Tax Division or the Secretary of State, and consult a qualified attorney or CPA before you act.