Medical Cannabis Laws in West Virginia
The law went into effect in 2018, but it wasn’t 2019 that cannabis was available to purchase legally.
The West Virginia Office of Medical Cannabis (OMC) encourages eligible West Virginians with serious medical conditions to register for a medical cannabis patient card at the WV Office of Medical Cannabis website.
The West Virginia Medical Cannabis Act permits West Virginia residents with serious medical conditions to procure medical cannabis for certified medical use in the following forms: pill; oil; topical forms including gels, creams, or ointments; a form medically appropriate for administration by vaporization or nebulization; dry leaf or plant form; tincture; liquid; or dermal patch.
Telehealth for Cannabis in West Virginia
Telehealth is legal for online medical cannabis consultations in West Virginia. You can see a compassionate and friendly medical marijuana physician online with Leafwell today.
Qualifying Conditions for Medical Cannabis Patients in West Virginia
- Amyotrophic Lateral Sclerosis (ALS)
- Crohn’s Disease
- Damage to the nervous tissue of the spinal cord with objective neurological indication of Intractable Spasticity
- Huntington’s Disease
- Intractable Seizures
- Multiple Sclerosis (MS)
- Neuropathic Pain – Neuropathies
- Parkinson’s Disease (PD)
- Post-Traumatic Stress Disorder (PTSD)
- Severe, Chronic or Intractable Pain of neuropathic origin.
- Severe, Chronic or Intractable Pain in which conventional therapeutic intervention and opiate therapy is contraindicated or has proved ineffective as determined as part of continuing care.
- Terminal Illness (Defined as a medical prognosis of life expectancy of approximately one (1) year or less if illness runs its normal course)
Cannabis Laws and Children in West Virginia
You must be aged 18 years old or over in order to qualify for a West Virginia medical marijuana card. Caregivers must be 18 years old or over. Patients may have up to 2 caregivers at once. Caregivers may not have more than 5 patients under their care.
There are no specific laws regarding medical cannabis use at school for children. Legislation prohibits consumption or possession at school or on school property.
Cannabis Possession Limits in West Virginia
- For medical card holders = Patients may possess up to a 30-day supply, but no specifics are available as to how much a 30-day supply constitutes. Herbal cannabis and smoking herbal cannabis is prohibited.
- For recreational users = Illegal
Cannabis Cultivation Laws in West Virginia
It is currently illegal to grow medical marijuana in West Virginia, even with a valid medical marijuana card.
Cannabis and Gun Laws in West Virginia
You cannot legally own a firearm or ammunition as well as a medical marijuana card at the same time in West Virginia.
Cannabis and Employment Law in West Virginia
- Under West Virginia’s law, an employer is not required to accommodate use on workplace premises.
West Virginia’s medical marijuana law allows the employer to prohibit tasks that could be life-threatening or result in risks to public health or safety while under the influence of marijuana.
- An employer may not discharge, refuse to hire, or otherwise discriminate solely based on an individual’s status as a certified medical cannabis patient.
- An employer may discipline an employee for being under the influence of medical cannabis when (West Virginia Code Chapter 16A-15-4(b)(2)) “…the employee’s conduct falls below the standard of care normally accepted for that position.”
- Employers are not required to take any action that would violate federal law.
Local Cannabis Laws in West Virginia
Counties may ban medical cannabis businesses entirely or may limit their locations within the county, although no counties have any specific laws so far.