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.

As of January 23, 2020, the program is not yet operational and the medical cannabis patient application release date has not been set.

For more information:

The West Virginia Department of Health- Medical Cannabis

West Virginia Medical Marijuana Laws and Regulations


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. 



Recommending Medical Cannabis in West Virginia


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.

Facing state or federal charges?


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.


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