Cannabis Stuff Near Me
Med & Rec Dispensaries
Marijuana Doctors
WV Marijuana Dispensary Guide
West Virginia Regulated Cannabis Program Overview
Type of program: Medical
About West Virginia Medical Marijuana
West Virginia’s medical marijuana program was created under Senate Bill 386. The law passed in April of 2017 and signed by Governor Jim Justice.
The West Virginia Medical Cannabis Act allows registered patients diagnosed with one of several qualifying medical conditions to purchase medical marijuana at a state-licensed dispensary.
The marijuana commission consists of 16 members, including the secretary of the Department of Health and Human Resources and commissioner of the Department of Health and Human Resources.
Contact information and links are available at the bottom of this page.
Available products
Patients are permitted to possess cannabis in the following formulations:
- Infused pills
- Oils
- Topicals
- Gels
- Creams
- Ointments
- Liquids
- Transdermal patches
- Cannabis may also be dispensed in “dry leaf” or “plant form” and/or “in a form medically appropriate for administration by vaporization or nebulization.” However, smoking marijuana is prohibited.
Delivery
Home delivery of medical marijuana is currently not available to West Virginia medical marijuana patients.
Age Limits
Patients younger than 18 with a qualifying medical condition may obtain medical marijuana through a caregiver.
A parent or legal guardian must apply for the patient identification card on behalf of the minor patient.
Once the patient identification card is issued, the parent or legal guardian, the person designated by a parent or legal guardian, or an individual approved by the Bureau in the absence or unavailability of a parent or legal guardian, will then apply as a caregiver.
How to get a West Virginia medical marijuana card
In order to obtain a West Virginia medical marijuana card, prospective patients must consult with a state-certified medical marijuana doctor and obtain a completed “Physician’s Certification for Qualified Patients” form.
Physicians must complete an approved 4-hour course to be authorized to certify medical cannabis patients.
Once a patient is approved by the physician they need to complete an application and submit payment (unless financial hardship waiver is requested and approved). Patients are required to upload a copy of the form as well as a state-issued I.D. and proof of residence into the documents section of the online application.
A fee of $50 must be remitted along with the application.
30-60 days after the application and payment are received, the patient application will be reviewed. The patient will receive an email regarding the status of their application upon review.
If an application is denied, the patient will be informed of the reason. If the application needs a correction, it will be rejected and sent back to be corrected and resubmitted.
If an application is approved, a WV Medical Cannabis card will be issued.
Cards will expire after one year.
Qualifying medical conditions for a West Virginia medical marijuana card
In order to be approved for a West Virginia medical marijuana card, patients must be diagnosed with one of the following qualifying medical conditions:
- Cancer
- Position status for human immunodeficiency virus or acquired immune deficiency syndrome
- Amyotrophic lateral sclerosis
- Parkinson’s disease
- Multiple sclerosis
- Damage to the nervous tissue of the spinal cord with objective neurological indication of intractable spasticity
- Epilepsy
- Neuropathies
- Huntington’s disease
- Crohn’s disease
- Post-traumatic stress disorder
- Intractable seizures
- Sickle cell anemia
- Severe chronic or intractable pain of neuropathic origin or severe chronic or intractable pain
- Terminal illness that is defined as a medical prognosis of life expectancy of approximately one year or less if the illness runs its normal course
Caregivers
Medical marijuana patients in West Virginia may designate a “caregiver” to purchase and administer their medicine. Caregivers must be 21 years of age or older and must submit an application online for an identification card. Caregivers must also undergo a criminal history background check.
Telemedicine
Available
West Virginia marijuana laws
Public consumption laws in West Virginia
Public consumption of marijuana, medical or otherwise is strictly prohibited in the state of West Virginia.
The recreational use of Marijuana is illegal in West Virginia. Possession of even small amounts is a misdemeanor crime.
Workplace laws
West Virginia medical marijuana patients may be prohibited by an employer from performing any duty which could result in a public health or safety risk while under the influence of medical cannabis. Furthermore, patients may be prohibited from performing any task which the employer deems life-threatening, to either the employee or any of the employees of the employer, while under the influence of medical cannabis.
Medical marijuana patients may not operate or be in physical control of vehicles and heavy machinery while under the influence with a blood content of more than three nanograms of active tetrahydrocannabis per milliliter of blood in serum.
Patients may not perform employment duties at heights or in confined spaces, including, but not limited to, mining while under the influence of medical cannabis.
Home cultivation: prohibited
Growing marijuana for personal use is prohibited in the state of West Virginia. Doing so may result in felony charges, even if it is being cultivated for legitimate medical reasons.
Public consumption laws in West Virginia
Public consumption of marijuana, medical or otherwise is strictly prohibited in the state of West Virginia.
The recreational use of Marijuana is illegal in West Virginia. Possession of even small amounts is a misdemeanor crime.
Social consumption - Prohibited
Social consumption lounges are not permitted under West Virginia medical marijuana laws.
West Virginia marijuana and guns
Marijuana, medical or otherwise is still categorized as an illegal Schedule I Controlled Substance on a federal level. This law makes it illegal for anyone in the state of West Virginia to purchase guns or ammunition if they also consume any marijuana products.
What Gun Owners Need To Know Before Getting a Medical Marijuana Card
Marijuana-related DUI laws in West Virginia
Driving under the influence of marijuana in the state of West Virginia could result in the same harsh penalties as alcohol-related offenses.
West Virginia hemp and CBD laws
The state of West Virginia allows the sale, possession, and consumption of all hemp-derived CBD products. These CBD products can be purchased online or at local shops in the state.
Reciprocity
West Virginia medical marijuana card is valid only in West Virginia and offers no legal protection for products obtained outside of the West Virginia medical cannabis system.
Medical Marijuana Card Reciprocity
West Virginia Medical Marijuana Links and Information
- Register for WV MMJ Card
- Patient Registration Checklist
- Patient Registration User Guide
- Application to Request that an Additional Medical Condition Qualify for Medical Cannabis Usage in West Virginia
- Caregiver Designation Form
- Physician education
- Physician registration
- Application to Request that an Additional Form of Medical Cannabis be Lawful in West Virginia
Contact the Office of Medical Cannabis:
- Email: medcanwv@wv.gov
- Phone: 304-356-5090
- Fax: 304-558-0035
- Office of Medical Cannabis 350 Capitol Street, Room 523 Charleston, WV 25301
Frequently Asked Questions:
West Virginia medical marijuana licensing - Application Forms
- Affidavit of Capital Adequacy Initial Application – DISPENSARY
- Affidavit of Capital Adequacy Initial Application – GROWERS and PROCESSORS
- Affidavit of Suitability For Participation in a Medical Cannabis Organization
- Background Check – NonCriminal Justice Applicant’s Privacy Rights
- Background Check – Privacy Act Statement
- Bank Verification
- Change in Location Application
- Change in Ownership Application
- Criminal Background Check Acknowledgement
- Location Boundaries for Dispensaries Policy
- Scoring Procedure
- Tax Letter of Good Standing
- Verification of Application
- Workforce WV Compliance Letter
- West Virginia Medical Cannabis Training Course
- West Virginia Industry Training Certification
