West Virginia Legal Information
On April 19, 2017 the Governor of West Virginia (Jim Justice-D) signed a bill that would allow a comprehensive medical cannabis program. The West Virginia Senate passed the bill by a 28-6 vote on March 29, and it passed the House on April 4 in a 76-24 vote. The bill was sponsored by Sen. Richard Ojeda and 11 co-sponsors, SB 386 will allow seriously ill patients to register to use and safely access medical cannabis.
The West Virginia bill does not allow full natural plants or smoking, but does allow pills, oils, gels, creams, ointments, tinctures, liquid and non-whole plant forms for administration through vaporization.
Patients will not have to pay a sales tax on medical cannabis. However, there will be a 10-percent tax on sales from growers/processors to dispensaries.
Medical cannabis cards will not be available until July of 2019.
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SB 386 currently lays out the foundation for the West Virginia Program. The West Virginia Medical Cannabis Commission is expected to adopt additional regulations before the state begins to issue cards.
The West Virginia Bureau of Public Health is developing the process for a physician to register with the Medical Cannabis Program. The Bureau will make applications available to physicians on its website, and will communicate once the application is available.
Unfortunately, patients, caregivers, and providers are still vulnerable to federal and state arrests, prosecutions, and incarceration. They also suffer pervasive discrimination in employment, child custody, housing, public accommodation, education and medical care.