West Virginia

Navigating West Virginia State Laws:

Patients and Caregivers: Enrolling and Accessing Medical Cannabis

Medical Professionals: Procedures for recommending Medical Cannabis

Policymakers and Advocates: Actions Needed to Improve Laws for Patients

NOTICE: It can be challenging for patients to determine which businesses offering cannabis products are licensed and approved by the state. Review this list of medical cannabis retailers to find out where to purchase regulated cannabis in West Virginia. 

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Background on State Laws

Medical cannabis is legal in West Virginia; patients and caregivers may possess a 30 day supply of medical cannabis products. Few retail locations throughout the state and high costs create burdens to access for many of the state's patients. Out of state medical cannabis cards are not recognized in West Virginia except in the case of terminally ill cancer patients. In March of 2019, Governor Jim Justice signed a medical cannabis banking bill into law, which extends state legal protections to any official prosecuted by the federal government for handling cannabis proceeds. Details on how these laws apply to patients and medical professionals can be found below.

Here is a breakdown of how West Virginia fared in ASA’s Annual State of the States Report, which evaluates the effectiveness of each state cannabis program from a patient perspective and assigns a grade using a rubric that reflects the key issues affecting patient access. Medical cannabis laws are constantly changing, ASA’s policy recommendations for West Virginia can be found below. For policy updates Sign Up here or Take Action!

Patient Rights and Civil Protections	55/100
Arrest Protection 25/25 Affirmative Defense 15/20 Parental Rights Protections 0/20 DUI Protections 0/10 Employment Protections 10/20 Explicit Privacy Standards 5/5
Access to Medicine	36/100
Authorizes Retail Access 10/10 Alternative Accessibility Methods 0/20 - Authorizes Delivery 0/10 - Authorizes Curbside Pickup 0/10 Personal Cultivation 0/15 Collective Gardening 0/5 Sufficient Number of Licensed Retailers 20/30 Reciprocity 6/20
Program Functionality	62/100
Legal Protections Within Reasonable Time Frame 16/20 Reasonable Possession Limits 8/10 Reasonable Purchase Limits 8/10 Telemedicine for Physician Certifications 15/15 Patient and Physician Representation in Program Decision Making 0/20 Reasonable Caregiver Standards 5/5 - Background Checks 2/2 - Number of Caregivers 3/3 Reasonable Physician Standards 2/5 Access to Administration Methods 3/10 - Allows Dried Flower 0/5 - Allows Edibles, Concentrates, and Other Forms 3/5 Provides Access to Minors on School Grounds 5/5
Affordability	60/100
Sales Tax Break for Patients and Caregivers 20/20 Covered by State Insurance or Health Aid 0/20 Reasonable Registration Fees 20/20 Financial Hardship Waivers or Discounts 20/20 Donation Program 0/10 Allows Multi-Year Registrations 0/10
Health and Social Equity	15/100
State Program Protections 0/25 Housing Protections 0/25 Access for Minors 8/10 Access in Underserved Areas 0/10 List of Qualifying Conditions is Exhaustive or All Inclusive 7/10 Allows Patients to Medicate Where they Choose 0/10 Organ Transplants 0/5 Ownership or Employment Restrictions 0/5
Consumer Protection and Product Safety	145/200
Cultivation Operations 33/50 Quality Management Systems 10/10 Staff Training 0/10 Standard Operating Procedures 8/8 - Facility and Equipment Sanitation 1/1 - Workplace Safety 1/1 - Storage 1/1 - Batch and Lot Tracking 1/1 - Security 1/1 - Waste Disposal 1/1 - Water Management 1/1 - Records Management 1/1 Pesticide Usage Limitations 2/2 Environmental Impact Regulations 0/2 Required Testing 5/8 - Cannabinoids 1/1 - Terpenes 0/1 - Microbials 1/1 - Aflatoxins 1/1 - Pesticides 1/1 - Heavy Metals 0/1 - Foreign Matter 0/1 - Moisture Content/ Water Activity 1/1 Packaging and Labeling 1/3 - Cannabinoids 1/1 - Terpenes 0/1 - Pesticides 0/1 Complaints, Adverse Event Reporting, and Recall Protocol 7/7 Manufacturing Operations 28/50 Quality Management Systems 10/10 Staff Training 0/10 Standard Operating Procedures 7/7 - Facility and Equipment Sanitation 1/1 - Workplace Safety 1/1 - Storage 1/1 - Batch and Lot Tracking 1/1 - Security 1/1 - Waste Disposal 1/1 - Records Management 1/1 Environmental Impact Regulations 0/3 Required Testing 6/10 - Cannabinoids 1/1 - Terpenes 0/1 - Microbials 1/1 - Aflatoxins 1/1 - Pesticides 1/1 - Heavy Metals 0/1 - Residual Solvents 1/1 - Homogeneity 0/1 - Foreign Matter 0/1 - Water Activity 1/1 Packaging and Labeling 0/5 - Cannabinoids 0/1 - Terpenes 0/1 - Ingredients 0/1 - Allergens 0/1 - Nutritional Content 0/1 Complaints, Adverse Event Reporting and Recall Protocol 5/5 Dispensary Operations 44/50 Staff Training 20/20 Standard Operating Procedures 6/7 - Facility Sanitation 0/1 - Workplace Safety 1/1 - Storage 1/1 - Batch and Lot Tracking 1/1 - Security 1/1 - Waste Disposal 1/1 - Records Management 1/1 Product Testing 5/10 - Product Meets Requirements Before Sale 5/5 - COA Disclosure 0/5 Complaints, Adverse Event Reporting and Recall Protocol 13/13 Laboratory Operations 40/50 Independent or Third-Party 5/5 Laboratory Sampling 5/5 Method Validation 4/4 Quality Management Systems 5/5 Staff Training 10/20 Standard Operating Procedures 7/7 - Facility and Equipment Sanitation 1/1 - Equipment and Instrument Calibration 1/1 - Workplace Safety 1/1 - Sample Tracking 1/1 - Security 1/1 - Waste Disposal 1/1 - Records Management 1/1 Result Reporting 4/4
Score Penalties	20/100
Gives Regulatory Preference to Adult Use 0/20 Classifies Cannabis as a Medicine of Last Resort 0/15 Administrative or Supply Problems 10/15 Requires Vertical Integration 0/10 Creates New Criminal Penalties for Patients 10/10 Limits Patients to a Single Retailer 0/10 No System for Adding Qualifying Conditions 0/10 Imposes Bans or Limits on THC 0/5 Imposes Bans or Limits on CBD 0/5
Excerpted from ASA's 2022 State of the States Report.