Does West Virginia have a recreational use program?

No, recreational use is not legal in West Virginia. 

Does West Virginia have a medical program?

Yes, medical cannabis is legal in West Virginia. Governor Jim Justice signed Senate Bill 386 (SB 386) into law in 2017. This made medical marijuana legal.

In West Virginia, the medical marijuana program was built on the West Virginia Medical Cannabis Act, which was made when SB 386 was passed. To get medical cannabis in this state, a person must have been identified with at least one of the conditions listed in the Medical Cannabis Act. West Virginia’s Office of Medical Cannabis (OMC) is in charge of medical cannabis.

What are the rules for medical use?

A medical marijuana card can only be issued to qualifying patients in West Virginia who are involved in the state’s Medical Marijuana Program. Patients in this group must sign up for the program, have a doctor check to see if they are eligible, and get a medical cannabis ID card through the West Virginia Medical Cannabis Portal to buy cannabis at approved dispensaries. Those who want to apply must legally live in West Virginia and show proof of residency during the application process.

Registered medical marijuana users must show their state-issued ID cards when they go to licensed dispensaries to buy cannabis. A caregiver, usually a parent or legal guardian, can apply for a West Virginia medical marijuana card on behalf of a minor with a medical condition. As required by the state’s medical marijuana law, the caregiver gets the minor patient’s medical cannabis card and then applies to be the patient’s designated caretaker.

What are the qualifying medical conditions for eligibility?

• Multiple sclerosis
• Post-traumatic stress disorder (PTSD)
• Epilepsy
• Sickle cell anemia
• Neuropathies
• Parkinson’s disease
• Cancer
• Crohn’s disease
• Amyotrophic lateral sclerosis
• Intractable seizures
• Position status for HIV/AIDS
• Severe chronic or intractable pain
• Huntington’s disease
• Terminal illness that is defined as a medical prognosis of life expectancy of no more than one year if the ailment runs its normal course
• Injury to the spinal cord’s nervous tissue with an objective neurological indication of intractable spasticity

What are the medical program limits?

A West Virginia Medical Cannabis Act Section 16A-8-1 says that a patient or a care provider can only buy 30 days’ worth of marijuana with their medical marijuana card.

What methods of use are permitted under the medical program?

As per the West Virginia Medical Cannabis Act, the sale of cannabis in edible form is presently prohibited. State-licensed medical cannabis dispensaries are authorized to sell only specific forms of marijuana, including tinctures, oils, topicals such as ointments, gels, and creams, pills, dermal patches, and liquids.

Any other form deemed medically suitable for consumption via vaporization is allowed, excluding the plant form or dry leaf, until both become acceptable as per the rules established by the West Virginia Bureau of Public Health.

Is there home delivery for medical cannabis?

It is against the law in West Virginia for marijuana dispensaries to deliver marijuana. While it is illegal to use marijuana for recreational purposes, medical cannabis users and their caregivers can only get cannabis products by going to dispensaries in person.

Is CBD legal in West Virginia?

Yes, CBD is legal in West Virginia. The Industrial Hemp Development Act lets people grow hemp and make CBD oil from hemp. In the state, you can legally use CBD oil and other products made from hemp as long as the THC level is less than 0.3%.

In West Virginia, registered medical marijuana users must have a state-issued ID to buy CBD oil that has higher amounts of THC (tetrahydrocannabinol).

Is cannabis decriminalized in West Virginia?

No, cannabis is not decriminalized in West Virginia.

It is against the law in West Virginia to intentionally have marijuana for any reason other than medical use. This is considered a misdemeanor. People who do this for the first time can get a $1,000 fine or spend 90 days to six months in jail. First-time criminals may be able to avoid going to jail. If they do well on their probation, the charges against them will be dropped after they plead guilty.

If you violate the law a second time, you could go to jail for a year or pay a $2,000 fine.