MEDICAL CANNABIS PATIENTS & CAREGIVERS

 

West Virginia’s medical cannabis program was established through the Medical Cannabis Act, passed in 2017. The Office of Medical Cannabis oversees the program.  Patients and their caregivers must be registered with the program to benefit from the rights and protections granted under these statutes. 

 

Medical cannabis may not be the best treatment choice for all patients. Learn more.

A LEGAL MEDICAL CANNABIS PATIENT ...

1. Is a resident of West Virginia who is 18 years or older; and 

2. Has one of the following medical conditions: 

  • Cancer
  • Position status for human immunodeficiency virus or acquired immune deficiency syndrome
  • Amyotrophic lateral sclerosis
  • Parkinson’s disease
  • Multiple sclerosis
  • Damage to the nervous tissue of the spinal cord with objective neurological indication of intractable spasticity
  • Epilepsy
  • Neuropathies
  • Huntington’s disease
  • Crohn’s disease
  • Post-traumatic stress disorder
  • Intractable seizures
  • Sickle cell anemia
  • Severe chronic or intractable pain of neuropathic origin or severe chronic or intractable pain
  • Terminal illness is defined as a medical prognosis of life expectancy of approximately one year or less if the illness runs its normal course

3. Is certified by a registered physician 

4. Is registered with the West Virginia 

Make an appointment with your physician and ask them to make you a copy of a patient certification form. They will also submit a copy of this form directly to the Office of Medical Cannabis. After your visit, click here and find the "register" button in the top right corner to create an account. There will be a wafting period while your account is verified.

Patient and caregiver applications have a $50 fee.

While you wait, be sure to gather everything you'll need to complete the patient registration process:

  • A digital photo of passport quality
  • Photo ID, such as a driver's license
  • Proof of West Virginia residency- if this criteria is not met by your photo id, submit any document with an address like utility bills or tax records
  • Patient Certification Form

When you have all of that together and your account has been verified account, you can fill out the patient registration.

Becoming a Patient as a Minor:

Minors must be under the age of 18 and have a legal guardian or caregiver.

Dispensaries: 

Home Cultivation:

Growing cannabis at home is not legal in the state of West Virginia.

Cannabis Product Safety:

Cannabis, in its natural form, is inherently safe for most patients, but it is especially susceptible to contaminants during cultivation, manufacturing, handling & even storing. Whether you are purchasing cannabis from regulated, grey, or illicit markets or cultivating your own cannabis, you should be aware of the contaminants commonly found in cannabis and the symptoms that accompany their presence.

Products sold through West Virginia's medical cannabis program must be tested for contaminants, pesticides, and adulterants in accordance with thresholds set by state regulators. Click here to see West Virginia medical cannabis rules.

For more information about cannabis safety, download ASA's "What’s in Your Cannabis? A Patient & Consumer Guide to Navigating Cannabis Safety."

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. 

Federal Protections Apply Only to Registered Patients

Some federal protections are now available, but only to patients who are officially registered in their state’s medical cannabis program.

A federal order issued April 28th,2026,  AG Order No. 6754-2026, treats a state medical cannabis certification or registration as similar to a prescription under federal law.  This means that being registered is not just a state requirement; it may also affect whether a patient qualifies for federal protections.

To receive these protections, a patient’s registration must stay active, current, and in good standing. Learn more here.

West Virginia does not currently recognize Out-of-State patient registrations. For more information about traveling as a medical cannabis patient, check out our Travel Guide.

 

*UPDATE: AG ORDER NO. 6754-2026 CHANGED FEDERAL CANNABIS LAWS  ON APRIL 28, 2026: Learn more here.

Federal cannabis laws affect far more than whether a patient can access medical cannabis. For decades, federal prohibition has limited protections for medical cannabis patients under laws such as the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA). As a result, patients have often been denied the basic protections that people with other serious health conditions expect in employment, housing, healthcare, and access to federal programs.

Federal prohibition has also affected patients’ access to essential healthcare, housing, and financial support programs, sometimes forcing patients to choose between the medicine they need and the benefits they depend on. It has also created barriers to federal employment, healthcare autonomy, firearm ownership, and other aspects of daily life.

As federal and state cannabis laws change, implementation matters. Advocates must stay vigilant to ensure public agencies, private institutions, employers, housing providers, and healthcare systems update their policies in ways that respect patient rights and protect safe, legal access to medical cannabis.

It is important to stay active, engaged, and informed. Sign up to get ASA updates and learn more about ending patient discrimination. 

Rights and protections for medical cannabis patients are evolving. In some cases, outdated policies may impact how patients are treated. In other cases, like those in the military, policy changes will have to come from Washington, DC. In the case of organ transplants, stigma still plays a role in medical cannabis patients having access to life-saving treatment, even if state laws ban discrimination.  Please use the resources below to better understand patient rights and how to navigate these programs and services. 

    

Resources for Candidates     

Medical cannabis may be legal in your state, but it is illegal to cross state lines, even if the bordering state also has a medical cannabis program. For more information about traveling as a medical cannabis patient, check out our Travel Guide. 

Stigma and discrimination also make patients targets for law enforcement encounters. Keep in mind that the best law enforcement encounter is the one that never occurs! It's crucial for individuals involved in medical cannabis to understand not only medical cannabis laws and regulations but also their rights. Be Prepared. Know Your Rights!

State laws frequently change; if you find information that is out of date, incorrect, or has a broken link, let us know! Email [email protected] 

 

Medical cannabis patients can find additional resources here.

Get Involved! Learn more about ASA Campaigns and Take Action to improve the lives of medical cannabis patients today! 

If you appreciate ASA's work, join now to become a part of the movement & sign up to get ASA updates.