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Cannabis in West Virginia

Medical cannabis was legalized in West Virginia in 2017, but the state’s program is still not operational. Neither business licenses nor patient registration cards have been issued yet. The program is overseen by the West Virginia Department of Health and is expected to be operational by 2021 or 2022.

Overview of Key West Virginia Cannabis Laws

Is medical cannabis allowed? Yes

Is adult-use cannabis allowed? No

Personal Laws

Cannabis has not been decriminalized in West Virginia. Possession of any amount is a misdemeanor punishable with a fine of up to $1,000 and 90 days to six months in jail.

Personal Possession

Overall Possession: None

Registered Medical Patient Possession: Up to a 30-day supply of an approved form of medical cannabis, which includes:

  • Pill
  • Oil
  • Topical forms, including gels, cream or ointments
  • A form medically appropriate for administration by vaporization or nebulization, excluding dry leaf or plant form unless dry leaf or plants forms become acceptable under rules adopted by the Bureau for Public Health
  • Tincture
  • Liquid
  • Dermal Patch

Non-West Virginia Resident Possession: Out-of-state patients who are terminally ill with cancer and are registered for medical marijuana for that condition in another state with rules similar to West Virginia’s rules may possess cannabis.

Personal Growing

Personal growing is not allowed in West Virginia.

Registered Medical Patient Growing: None

Medical Cannabis Patient Qualification and Registry

West Virginia is not issuing patient medical marijuana cards yet. When applications are accepted, patients with qualifying conditions who receive certifications for medical marijuana from approved physicians can register for the state’s medical marijuana program. A patient may select two caregivers, and caregivers may have up to five patients at one time.

Qualifying medical conditions include:

  • 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

Business Laws

Vertical integration is allowed in West Virginia, which means a company can hold multiple licenses across the West Virginia marijuana supply chain (e.g., both cultivation and dispensary licenses). However, an individual or business may not hold more than 10 dispensary permits. Residency is not required to apply for a business license in the state.

License Types

  • Cultivation License
  • Processor License
  • Dispensary License

License Fees

  • Cultivation: $5,000 application fee and $50,000 license fee
  • Processor: $5,000 application fee and $50,000 license fee
  • Dispensary: $2,500 application fee and $10,000 license fee

License Timeline

West Virginia is not accepting applications at this time. The application period was held from December 19, 2019 and February 18, 2020.

The state is allowed to issue up to 10 cultivation, 10 processor, and 100 dispensary licenses which will be distributed across three geographic regions.

Testing

Cannabis testing is required in West Virginia.

Training

There is no required training for cannabis industry business owners or workers in West Virginia.

Learn More about Cannabis in West Virginia and How to Work or Start a Business in the West Virginia Cannabis Industry

Leafy Green Agency offers a variety of certification seminars for people who want to start businesses, find jobs, get promotions, or invest in the cannabis industry in West Virginia and across the country. Follow the link to learn more about our educational seminars.

Sources and More Information

Data current as of 2/19/20.