DATE: September 11, 2018

The West Virginia Board of Pharmacy (“Board”) continues to receive inquiries regarding the sale of Cannabidiol (“CBD”) in pharmacies. The position of the Board is that the sale of CBD products in the pharmacy setting is prohibited.

There are a number of factors that influenced the Board’s decision, but our duty to protect the public is the most significant.  It has been reported that some of the products contain no CBD, while others not only contain CBD, but also include a significant amount of tetrahydrocannabinol (“THC”). The lack of Food and Drug Administration (“FDA”) involvement with the increasing number of these CBD products give us great concern regarding their safety and composition.   

THC is a schedule I substance in both federal and state law (WV Code § 60A-2-201(d)(32)), so its presence in these CBD products is a violation of both.  The legal status of CBD is less clear, but it appears to be included in the DEA regulations as a schedule I marijuana extract (drug code 7350). The THC issue, and the questions about CBD’s legal status were also a consideration in our decision.

To date, the only CBD product that has gained FDA approval is Epidiolex. As such, Epidiolex is currently the only CBD product that may be lawfully sold in the pharmacy setting.