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] | - |
Track-and-Trace
OMC uses Metrc for tracking medical cannabis from seed to sale. The tracking system is directly managed by the OMC. [4]
Licensing
| 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
- Wikipedia: Cannabis in West Virginia https://en.wikipedia.org/wiki/Cannabis_in_West_Virginia
- Office of Laboratory Services https://dhhr.wv.gov/ols/regulatory/Pages/Licensure.aspx
- Office of Medical Cannabis https://omc.wv.gov/Pages/default.aspx
- Secretary of State https://apps.sos.wv.gov/business/corporations/
- Department of Revenue https://revenue.wv.gov/Pages/default.aspx
- Department of Health and Human Resources https://dhhr.wv.gov/Pages/default.aspx
References
- [1] "West Virginia Legislature, 'Schedule-I restricted category,' Available: https://code.wvlegislature.gov/60A-2-204/"
- [2] "West Virginia Office of Medical Cannabis, 'Medical Cannabis Act, 2017,' Available: https://omc.wv.gov/rules/Pages/default.aspx"
- [3] 'TITLE 64 Legislative Rule Bureau for Public Health: Medical Cannabis Program - Dispensaries,' Available: https://omc.wv.gov/rules/Documents/64CSR112%20-%20Dispensaries_2023%20%281%29.pdf
- [4] "MJBizDaily, 'West Virginia Taps Metrc for Medical Cannabis Seed-to-Sale Tracking System,' Available: https://mjbizdaily.com/west-virginia-taps-metrc-for-medical-cannabis-seed-to-sale-tracking-system/"
- [5] "TITLE 64 Legislative Rule Bureau for Public Health: Medical Cannabis Program - General Provisions" Available: https://omc.wv.gov/rules/Documents/64-109%20Medical%20Cannabis%20Program%20-%20General%20Provisions.pdf"
- [6] OMC General FAQ https://omc.wv.gov/rules/FAQ/Documents/FAQ%20-%20General%20Information.pdf
- [7] "West Virginia Office of Medical Cannabis, 'FAQ - Patients and Caregivers, 2021,' Available: https://omc.wv.gov/rules/FAQ/Documents/FAQ%20-%20Patients_Caregivers_03.18.21_Final.pdf"