West Virginia Cannabis Laws

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Legal status

  • Medical Program

Possession limits

  • Medical patients

    30 day supply

  • Recreational users

    Illegal

State taxes

  • Medical patients

    0%

  • Recreational users

    Illegal

Cultivation

  • Cultivation is illegal
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Application process

To apply for a medical cannabis card in the state of West Virginia

Once you have registered with Leafwell and been approved by one of our medical marijuana doctors online, apply to the state medical marijuana program. Receive your MMJ card and start shopping for your medical cannabis from a licensed dispensary.

Get your card

Table of contents

  1.  Is cannabis legal in West Virginia?
  2. What are the medical marijuana laws in West Virginia?
  3. What medical conditions qualify for a Medical Marijuana Card in West Virginia?
  4. How do I get certified for medical cannabis in West Virginia?
  5. Is telemedicine allowed for medical cannabis consultations in West Virginia?
  6. How much cannabis can I possess in West Virginia with an MMJ Card?
  7. Is it legal to grow cannabis in West Virginia?
  8. Does West Virginia accept out-of-state cards?
  9. Will my West Virginia card be accepted in other states?
  10. Are there employment laws protecting medical cannabis card holders in West Virginia?
  11. What are the medical cannabis product testing requirements in West Virginia?
  12. Where is it safe to purchase cannabis in West Virginia?
  13. Where is it safe to consume marijuana in West Virginia?

Only medical cannabis is legal in West Virginia. Adult use cannabis is illegal in West Virginia.


What are the medical marijuana laws in West Virginia?

Medical cannabis laws in WV

2017

Compassionate Use Act for Medical Cannabis SB 386

  • 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 OCR is run by the West Virginia Department of Health & Human Resources (DHHR).
  • 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.

Recreational cannabis laws in WV

Non-medical, recreational cannabis use is illegal in West Virginia. Possession of small amounts is a misdemeanor crime.


What medical conditions qualify for a Medical Marijuana Card in West Virginia?

The West Virginia law lists the following medical conditions as qualifiers for a medical cannabis card:

  • AIDS/HIV
  • Amyotrophic Lateral Sclerosis aka Lou Gehrig’s Disease
  • Cancer
  • Crohn’s Disease
  • Damage to the nervous tissue of the spinal cord with objective neurological indication of Intractable Spasticity
  • Epilepsy
  • 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)

How do I get certified for medical cannabis in West Virginia?

With Leafwell, you can get your West Virginia Medical Marijuana Card in 4 simple steps:

  1. Register online with Leafwell – You can speak to a doctor and qualify for a West Virginia medical marijuana card online. The cost of the online consultation is $199. You are only billed if approved.
  2. Attend your appointment and discuss with your physician why you would like an MMJ Card – The doctor will review your medical records and ask you questions based on your medical history. They will provide you with advice and guidance on whether medical marijuana is a good choice for you.
  3. Receive your certificate from Leafwell – This is a certificate which says that your doctor recommends you become a cannabis patient under the state’s current laws and this certificate is required to apply for your MMJ Card.
  4. Complete the medical marijuana application on the government website, which is the Office of Medical Cannabis Registry Program you can start here – After your appointment, you’ll receive the next steps to help guide you through the state process. Once approved, the state will mail you your card (not Leafwell). The card is valid for 1 year.

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Is telemedicine allowed for medical cannabis consultations in West Virginia?

Yes, telemedicine is legal in West Virginia and you can get certified for cannabis online.


How much cannabis can I possess in West Virginia with an MMJ Card?

  • 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

It is currently illegal to grow medical marijuana in West Virginia, even with a valid medical marijuana card.


Does West Virginia accept out-of-state cards?

West Virginia does not have medical marijuana reciprocity, and does not recognize medical marijuana cards from other states. However, cancer patients from other states may apply for a West Virginia medical marijuana card and register to the state’s medical cannabis program.


Will my West Virginia card be accepted in other states?

A medical marijuana card issued by the state of West Virginia may be recognized by other states with a medical marijuana program and reciprocity.

The following states accept or recognize out-of-state medical marijuana cards:

  • Arizona
  • Maine
  • Massachusetts
  • Michigan
  • Montana
  • Nevada
  • New Hampshire
  • New Jersey
  • New Mexico
  • Oklahoma
  • Puerto Rico
  • Rhode Island
  • US Virgin Islands
  • Utah
  • Washington, D.C.

However, this does not always mean you can purchase cannabis at a medical marijuana dispensary (non-medical adult use is fine) – just that you are protected by the state’s medical marijuana laws to some extent. It is wise to call the dispensary ahead if you are a medical cannabis patient from another state and you intend on purchasing medical marijuana.

The qualifying condition usually has to match between states, so if your qualifying condition is accepted in one state and not your visiting state, your recommendation is not necessarily valid. You are also beholden to the visiting state’s medical marijuana laws, not the state that issued your card.

The following states accept out-of-state applications, allowing a visiting patient application to use medical cannabis for the duration of their stay:

  • Arkansas
  • California
  • Hawaii

Are there employment laws protecting medical cannabis card holders 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.

What are the medical cannabis product testing requirements in West Virginia?

Cannabis isn’t available for sale as of yet in West Virginia. There will be testing requirements, but they have not been decided upon and approved as of yet.


Where is it safe to purchase cannabis in West Virginia?

In all states with a medical marijuana program, the only way to purchase medicinal cannabis products is via a legally-licensed dispensary or pharmacy, or another legally designated space to purchase cannabis. Only those with a legal license to sell cannabis can actually do so.


Where is it safe to consume marijuana in West Virginia?

All states with a medical marijuana program have some restrictions on where a person can legally use cannabis. Near schools, nurseries, parks or other places where children are expected to be, using cannabis is illegal. Use of cannabis on or in federal land or buildings, hospitals or any other such healthcare space is also illegal. Private members club and landowners may also prohibit cannabis use on their property or restrict it at their discretion.

The safest place to use medical cannabis is in the safety of your own home. It is wise to use common sense and generally keep consumption out of public view, and utilize discreet consumption methods wherever possible.