West Virginia

Regulatory Framework

The West Virginia Department of Health and Human Resources (DHHR) houses the Office of Medical Cannabis (OMC), which oversees the state's medical marijuana program. This office is responsible for ensuring compliance with state regulations and overseeing the track-and-trace system to monitor the movement of medical cannabis from cultivation to patient.

Legal Status

Market Status Act/Law Year
Adult-Use Illegal Schedule-I restricted category [1] -
Medical Legal Senate Bill 386, Medical Cannabis Act [2] 2017
Homegrow Illegal No provision for home cultivation [3] -


OMC uses Metrc for tracking medical cannabis from seed to sale. The tracking system is directly managed by the OMC. [4]


License Type Description
Grower/Processor "A person who holds a permit ... to grow or process medical cannabis." [5]
Dispensary "A person who holds a permit ... to dispense medical cannabis" [5]
Laboratory "A place ... issed a certicate by the bureau's Office of Laboratory Services" ]5]

Possession Limits

Item Possession Limit
Medical cannabis "up to a 30-day supply" [3]

Medical Cannabis

The 2017 Medical Cannabis Act allows residents with statute-defined "serious medical conditions". Patients must be certified by a physician and registered with the state to obtain a medical cannabis card. [7] "Serious medical conditions include: [6]

  • 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 that is defined as a medical prognosis of life expectancy of approximately one year or less if the illness runs its normal course.

Additional Resources