A provision buried in a dog-registration bill rewrites the rules for how you can sell hemp and kratom products in West Virginia.
Most salon and personal care owners in West Virginia don't realize that a bill ostensibly about dog registration—HB4265—contains a major change to how hemp and kratom products must be formulated and sold. If your business carries or plans to carry these items, this matters.
Until now, West Virginia regulated hemp and kratom product potency using a percentage-based threshold: products had to stay below 2.0% by weight. That system gave manufacturers and retailers some flexibility in how they dosed their products.
HB4265 replaces that percentage standard with a hard cap: 10 milligrams per dose, maximum. Any product that exceeds 10 mg per dose is now non-compliant under state law.
This shift from a percentage limit to a per-dose milligram cap is a significant tightening. It means you can no longer rely on the old 2.0% rule. Instead, every product you stock, manufacture, or distribute must be formulated, labeled, and sold to comply with the 10 mg per-dose ceiling.
If your salon or personal care business sells or manufactures hemp-derived or kratom-derived products—whether as standalone items, ingredients in topicals, or wellness offerings—you are directly affected. This includes:
Even if you currently operate under the old 2.0% standard, your inventory and suppliers may need to adjust.
First, audit your current product line. Check labels and formulations against the new 10 mg per-dose standard. Any product exceeding that threshold will be non-compliant and subject to enforcement action by the state.
Second, work with your suppliers. If you stock products made by third parties, confirm they meet the new cap. If you manufacture your own, reformulation may be necessary.
Third, update your labeling. Dose information must clearly reflect the new standard and be accurate.
The provision took effect on March 14, 2026, the date HB4265 was passed. The underlying regulatory rule was refiled on December 4, 2025. The amendment is codified in §64-9-1 and amends 61 CSR 30 (pages 1–2 of the enrolled bill).
You have no grace period. Products must comply now.
If you sell or make hemp or kratom products, review your inventory and supplier agreements immediately. Non-compliance can result in enforcement action, product seizure, and liability. The West Virginia Department of Agriculture oversees compliance.
A free, business-specific resource guide on HB4265 compliance for salon and personal care retailers is available through industry partners and the state licensing board.