West Virginia

West Virginia

NO
Registered Patient Population		 0%
of Total Population Represented by Patients		 0
Total Medical Retail Locations Currently in Operation		 N/A
Ratio of Patients to Retail Location

Medical cannabis is legal in West Virginia; despite this the state has so far failed to propagate proper regulations for registering patients or opennining up production or retail. Access for patients is essentially non-existent.

Patient Rights and Civil Protection 62/100   
Arrest Protection 40/40
Affirmative Defense 10/15
Parental Rights Protections 0/10
DUI Protections 0/5
Employment Protections 5/5
Explicit Privacy Standards 5/7
Housing Protections 0/5
Does Not Create New Criminal Penalties for Patients 1/5
Organ Transplants 0/5
Reciprocity 1/3
Access to Medicine 65/100   
Allows Distribution Programs 27/40
– Allows Access to Dried Flowers 10/15
– Allows Delivery 5/5
– No Sales Tax or Reasonable Sales Tax 4/5
– Allows for a Reasonable Number of Dispensaries 5/5
– Does Not Require Vertical Integration 0/2
– Ownership/Employment Restrictions 1/2
– Provisions for Labor Standards 0/2
– Environmental Impact Regulations 0/2
– Choice of Dispensary Without Restrictions 2/2
Noncommercial Cultivation 0/20
– Personal Cultivation 0/15
– Collective Gardening 0/5
Explicit Right to Edibles/Concentrates/Other Forms 10/10
Does not Impose Bans or Limits on THC 10/10
Does not Impose Bans on CBD 10/10
Local Bans/Zoning 8/10
Ease of Navigation 72/100   
Comprehensive Qualifying Conditions 40/50
Adding New Conditions 5/10
– Law/Regulations Allow for New Conditions 5/5
– System Works for Adding New Conditions 0/5
Reasonable Access for Minors 8/10
Reasonable Caregiver Background Checks 2/4
Number of Caregivers 0/2
Patient/ Practitioner- Focused Task Force or Advisory Board 1/2
Reasonable Fees (Patients and Caregivers) 8/10
Allows Multiple-Year Registrations 0/2
Reasonable Physician Requirements 5/5
Does Not Classify Cannabis as a Medicine of Last Resort 3/5
Functionality 32/100   
Patients Able to Access Medicine at Dispensaries or by Cultivation 0/50
No Significant Administrative or Supply Problems 7/15
Patients Can Receive Legal Protections Within Reasonable Time Frame of Doctor's Recommendation 8/10
Reasonable Possession Limits 4/5
Reasonable Purchase Limits 4/5
Allows Patients to Medicate Where They Choose 4/5
Covered by Insurance/State Health Aid 0/3
Financial Hardship (Fee Waivers/Discount Medicine) 5/7
Consumer Safety and Provider Requirements 51.16/100   
Dispensing 15/25
Staff Training 3/5
Standard Operating Procedures 5/5
– Facility Sanitary Conditions 1.25/1.25
– Storage Protocols 1.25/1.25
– Reasonable Security Protocols 1.25/1.25
– Inventory Control 1.25/1.25
Recall Protocol and Adverse Event Reporting 3/5
Product Labeling 2/5
– Product Contents, Including Source Material Identification 1/1.67
– Allergens 0/1.67
– Potency/Compound Identification 1/1.67
Required Testing 2/5
– Active Compound Identification 1/1.67
– Contaminants 0/1.67
– Potency 1/1.67
Grow/Cultivation 14/25
Staff Training 0/5
Standard Operating Procedures 4/5
– Facility and Equipment Sanitary Conditions 0.71/0.71
– Workforce Safety Protocols 0/0.71
– Storage Protocols (Short-Term and Long-Term Storage) 0.71/0.71
– Reasonable Security Protocols 0.71/0.71
– Batch and Lot Tracking 0.71/0.71
– Disposal/Waste 0/0.71
– Water Management 0/0.71
Pesticide Guidance 5/5
– Pesticide Guidance 2.5/2.5
– Pesticide Labeling 2.5/2.5
Required Testing 2/5
– Active Ingredient Identification 1/1.25
– Contaminants 0/1.25
– Potency 1/1.25
– Sample Retention 0/1.25
Recall Protocol and Adverse Event Reporting 3/5
Manufacturing 11.67/25
Staff Training 0/5
Standard Operating Procedures 4/5
– Facility and Equipment Sanitary Conditions 1/1
– Workforce Safety Protocols 0/1
– Storage Protocols 1/1
– Reasonable Security Protocols 1/1
– Batch and Lot Tracking 1/1
Product Labeling 2.67/5
– Product Contents, Including Source Material Identification 1.67/1.67
– Allergens 0/1.67
– Potency and Compound Information 1/1.67
Required Testing 2/5
– Active Ingredient Identification 1/1
– Contaminants 0/1
– Potency 1/1
– Shelf Life Testing 0/1
– Sample Retention 0/1
Recall Protocol and Adverse Event Reporting 3/5
Laboratory Operations 10.49/25
Staff Training 0/5
Method Validation in Accordance with AHP Guidelines 0/5
Result Reporting 5/5
Independent or Third Party 3/5
Standard Operating Procedures and Protocols 2.49/5
– Equipment and Instrument Calibration 0/0.83
– Sample Tracking 0.83/0.83
– Facility and Equipment Sanitary Conditions 0.83/0.83
– Disposal/Waste 0/0.83
– Storage Protocols 0.83/0.83
– Workforce Safety Protocols 0/0.83
Covid Response 0/20   
Delivery Available? 0/6
Curbside Pickup Available? 0/2
Medical Cannabis Essential? 0/7
Telemedicine Available? 0/5
Excerpted from ASA's 2020 State of the States Report.

In This Section

West Virginia Medical Marijuana Laws and Regulations

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On April 19, 2017 the Governor of West Virginia (Jim Justice-D) signed SB 386, a bill that would allow a comprehensive medical cannabis program and allows seriously ill patients to register to use and safely access medical cannabis.

Becoming a Patient in West Virginia

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The State of Medical Marijuana in West Virginia

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The State of Medical Marijuana in West Virginia

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