Medical marijuana is legal in West Virginia, but recreational cannabis use remains illegal.

West Virginia’s medical program was established in 2017 under State Senate bill SB 386. The law went into effect in 2018, but it wasn’t until 2019 that cannabis was available to purchase legally for those with qualifying medical conditions.

Medical Marijuana Laws in West Virginia

Patients certified by a doctor as having one or more qualifying conditions are eligible to join West Virginia’s medical cannabis program. Patients are allowed up to a 30-day supply of cannabis from a licensed medical dispensary. The 30-day limit is not otherwise defined at the moment.

The program contains several restrictions on eligible forms of cannabis. For example, medical patients are prohibited from smoking medical cannabis and are also currently banned from consuming marijuana edibles, although legislation was previously introduced to add edibles to the market.

Recreational cannabis remains illegal in West Virginia. Possession of small amounts of cannabis is punishable by anywhere from 90 days to 6 months in prison and up to $1,000 in fines.

CBD and Delta-8 Laws

CBD was broadly legalized in all U.S. states under the 2018 Farm Bill. Although some states have introduced their own legislation regulating CBD, West Virginia currently allows CBD without exception. Delta-8 products and other synthetic cannabinoids are also legal in West Virginia, although legislation that would ban such products in the state has been introduced. While West Virginians can currently buy delta-8 products, it is possible that this could change soon.

What to Know About About Medical Cannabis in West Virginia

The legalities surrounding medical cannabis vary from state to state. West Virginia, for example, has certain rules and regulations that residents must follow and meet to become medical marijuana patients.

Only Certain Conditions Qualify for Medical Cannabis

To get a med card in WV, you must be certified as having one or more qualifying conditions. Current qualifying conditions include:

• Amyotrophic lateral sclerosis (ALS)
• Cancer
• Crohn’s disease
• Damage to the nervous tissue of the spinal cord with an objective neurological indication of intractable spasticity
• Epilepsy
• HIV/AIDS
• Huntington’s disease (HD)
• Intractable seizures
• Multiple sclerosis (MS)
• Neuropathies
• Parkinson’s disease
• Post-traumatic stress disorder (PTSD)
• Severe chronic or intractable pain of neuropathic origin or severe chronic or intractable pain
• Sickle cell anemia
• Terminal illness (defined as a medical prognosis of life expectancy of approximately one year or less if the illness runs its normal course​)

Telemedicine Is Allowed

West Virginia permits patients to receive certification through telehealth providers like Leafwell. Upon receiving your certificate, it is valid for one year.

West Virginia Does Not Have Reciprocity

West Virginia does not have medical marijuana reciprocity and does not recognize medical marijuana cards from other states.

State-by-state restrictions may apply, but your West Virginia med card could be recognized in other states, as many states have cannabis reciprocity. The following states accept or recognize out-of-state medical marijuana cards:

• Arizona
• Arkansas *
• Delaware
• Hawaii *
• Louisiana
• Maine
• Michigan (at the dispensary’s discretion)
• Nevada
• New Hampshire
• New Jersey *
• New Mexico
• Oklahoma *
• Puerto Rico
• Rhode Island
• U.S. Virgin Islands *
• Utah * (up to two 21-day periods in a calendar year)
• Washington, D.C.

*Visitors must complete a visiting patient application with the state program.

States that have recreational cannabis for adults 21 and older but do not accept out-of-state cards include:

• Alaska
• California
• Colorado
• Connecticut
• Illinois
• Maryland
• Massachusetts
• Minnesota (currently only tribal dispensaries)
• Missouri
• Montana
• New York
• Oregon
• Vermont
• Washington

Only Some Forms are Allowed

As we have mentioned, patients are not allowed to smoke cannabis or consume edibles. Currently, medical cannabis cardholders are only allowed to consume the following forms of cannabis:

• Dermal patches
• Flower (vaporization or nebulization only)
• Liquid
• Nebulized forms
• Oil
• Pills
• Tinctures
• Topicals

Can You Grow Cannabis In West Virginia?

Since cannabis flower is illegal, even for those with a valid medical card, you cannot grow cannabis in West Virginia.

The Bottom Line

Medical marijuana is legal in West Virginia, but recreational cannabis remains illegal. Synthetic cannabinoids are currently permitted, but previously introduced legislation makes such products’ future in the state unclear.