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West Virginia Medical Marijuana Laws & Regulations 2026

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01

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Fill out our secure intake form with your medical history. Takes about 5 minutes.

02

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All our doctors are licensed to practice in West Virginia and specialize in cannabis medicine.

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West Virginia Medical Cannabis Laws: Complete Guide 2026

West Virginia established its medical cannabis program through Senate Bill 386 (West Virginia Medical Cannabis Act) on April 19, 2017. Dispensary sales began in late 2021. The program has some of the strictest product form restrictions in the nation.

Is Marijuana Legal in West Virginia?

Medical marijuana is legal; recreational is not:

  • Medical Cannabis: Legal since April 19, 2017 (SB 386)
  • First Dispensary Sales: Fall 2021
  • Recreational Cannabis: ILLEGAL
  • Home Cultivation: NOT PERMITTED
  • Smokable Flower: NOT PERMITTED (must be vaporized)

Key Legislation

LawCitationEffective Date
West Virginia Medical Cannabis ActWest Virginia Code § 16A-1-1 et seq. (SB 386)April 19, 2017
Office of Medical Cannabis RulesWV CSR 64-110Ongoing
Patient RegistrationWV Code § 16A-6-1 et seq.2017

Office of Medical Cannabis (OMC)

The Office of Medical Cannabis within the Bureau for Public Health oversees West Virginia's medical cannabis program.

Contact Information:

Qualifying Medical Conditions

Under WV Code § 16A-5-8, the following conditions qualify for medical cannabis:

  1. Cancer
  2. HIV/AIDS
  3. Amyotrophic lateral sclerosis (ALS)
  4. Parkinson's disease
  5. Multiple sclerosis
  6. Damage to nervous tissue of spinal cord with objective neurological indication of intractable spasticity
  7. Epilepsy
  8. Neuropathies
  9. Huntington's disease
  10. Crohn's disease
  11. Post-traumatic stress disorder (PTSD)
  12. Intractable seizures
  13. Sickle cell anemia
  14. Severe chronic or intractable pain of neuropathic origin
  15. Severe chronic or intractable pain in which conventional therapeutic intervention is contraindicated or ineffective
  16. Terminal illness with life expectancy of approximately one year or less
  17. Hospice care status

Permitted Product Forms

West Virginia has strict restrictions on product forms:

Product TypeLegal Status
Pills/Capsulesâś“ Legal
Oils/Tincturesâś“ Legal
Gels/Creams/Ointmentsâś“ Legal
Topical applicationsâś“ Legal
Dermal patchesâś“ Legal
Liquid formsâś“ Legal
Vaporizable concentratesâś“ Legal
Smokable flowerâś— NOT PERMITTED
Ediblesâś— NOT PERMITTED
Whole plant forms for smokingâś— NOT PERMITTED

Important: Cannabis flower may be sold for vaporization only, not smoking.

Possession Limits

Medical cannabis patients may possess:

Supply DurationLimit
30-day supplyAs determined by physician
THC content10% maximum per product

Note: The 30-day supply amount is determined by the certifying physician based on the patient's needs.

Patient Registration

Requirements:

  • West Virginia resident with valid state ID
  • Certification from a registered physician
  • Complete application via OMC patient portal
  • Pay registration fee: $50 (annual)
  • Background check required

Card Validity: 1 year from issuance (renewal required)

Caregiver Requirements

Patients who cannot obtain or administer cannabis themselves may designate a caregiver:

  • Must be at least 21 years old
  • Must be West Virginia resident
  • Must pass background check
  • Register with OMC and pay $25 fee
  • May assist up to 5 patients

Home Cultivation

Home cultivation is NOT permitted in West Virginia.

All medical cannabis must be purchased from state-licensed dispensaries. Illegal cultivation carries felony penalties.

Dispensary and Licensing Structure

West Virginia has a limited licensing model:

License TypeMaximum
Growers10
Processors10
Dispensaries100

Taxation

Medical Cannabis:

  • 6% state sales tax
  • Local taxes may apply
  • No special cannabis excise tax

Penalties for Violations

Without a Medical Cannabis Card:

Under WV Code § 60A-4-401 and § 60A-4-406:

OffenseClassificationPenalty
Possession < 15 gramsMisdemeanorUp to 90 days, $1,000 fine
Possession 15g - < 1kgMisdemeanorUp to 6 months, $1,000 fine
Possession ≥ 1 kgFelony1-5 years, $15,000 fine
Distribution < 15gFelony1-5 years, $15,000 fine
Distribution 15g - 5kgFelony1-15 years, $25,000 fine
Distribution ≥ 5 kgFelony2-20 years, $1,000,000 fine
Cultivation (any amount)Felony1-15 years, $25,000 fine
Near schoolEnhancedDouble penalties

Note: West Virginia has NOT decriminalized recreational possession.

Driving Under the Influence

Driving under the influence of cannabis is prohibited under WV Code § 17C-5-2, regardless of medical patient status.

West Virginia has a zero-tolerance standard for cannabis-impaired driving.

DUI Penalties:

  • 1st offense: Misdemeanor, $100-500 fine, up to 6 months jail, 15-45 day license revocation
  • 2nd offense (within 10 years): $1,000-3,000 fine, 6 months to 1 year jail, 1-year revocation
  • 3rd offense: Felony, $3,000-5,000 fine, 1-3 years prison, 1-year revocation

Medical patients are NOT exempt from DUI laws.

Employment Rights

West Virginia does NOT provide employment protections for medical cannabis patients.

  • Employers may maintain drug-free workplace policies
  • Employers may refuse to hire based on cannabis use
  • Employers may terminate for positive drug test
  • No protection for off-duty medical cannabis use

Public Consumption

Public consumption of medical cannabis is strictly prohibited:

  • May only use in private residence
  • Prohibited in any public place
  • Prohibited in vehicles (even as passenger)
  • Prohibited near schools
  • Prohibited on federal property

Telehealth Evaluations

West Virginia permits telehealth evaluations for medical cannabis certifications:

  • Initial certification via telehealth allowed
  • Follow-up evaluations via telehealth allowed
  • Must use West Virginia-licensed physician registered with OMC

Key Resources

Timeline of Medical Cannabis in West Virginia

DateEvent
April 19, 2017SB 386 (Medical Cannabis Act) signed into law
2018-2019OMC develops regulations and licensing framework
2020-2021First grower, processor, and dispensary licenses issued
Late 2021First dispensary sales to patients
2022-2025Program continues expansion

This information reflects West Virginia cannabis laws as of December 2025. Always consult official state sources and legal counsel for the most current requirements.

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FAQ

Common Questions About West Virginia MMJ Cards

How much does a West Virginia medical marijuana card cost in 2025?+
The total cost for a West Virginia medical marijuana card includes two components: First, MMJ.com charges $149.99 for the physician evaluation and certification. This fee covers your telehealth consultation with a licensed West Virginia doctor, your signed physician certification, and ongoing support throughout the registration process. Second, the state of West Virginia charges a registration fee of $50. This brings your total cost to approximately $199.99. If you are not approved by our physician, you will receive a full refund of the $149.99 evaluation fee—this is our 100% money-back guarantee.
Can I get my West Virginia medical marijuana card online through telehealth?+
Yes, West Virginia allows patients to receive their medical marijuana certification through telemedicine. MMJ.com offers a 100% online process where you can complete your evaluation via secure video call from anywhere in West Virginia. Our HIPAA-compliant platform connects you with state-licensed physicians who are authorized to certify patients for the State Medical Marijuana Program. The online process is identical in validity to an in-person visit—your certification will be accepted by all West Virginia dispensaries.
How long is a West Virginia medical marijuana card valid for?+
A West Virginia medical marijuana card is valid for 1 year from the date of issuance. To maintain uninterrupted access to medical cannabis, you should begin the renewal process approximately 30 days before expiration. MMJ.com offers streamlined renewal appointments at the same $149.99 rate. During your renewal, your physician will reassess your condition and provide a new certification for the state registry.
What medical conditions qualify for a medical marijuana card in West Virginia?+
West Virginia has approved the following conditions for medical marijuana certification: Cancer, Chronic Pain, Epilepsy/Seizures, Glaucoma, HIV/AIDS, Multiple Sclerosis, PTSD, Crohn's Disease, and several others. The full list includes over 12 qualifying conditions. If you have a chronic condition causing significant symptoms that haven't responded well to conventional treatments, you may qualify. Our physicians can evaluate conditions on a case-by-case basis, as many states allow certification for "conditions of the same kind or class" as those explicitly listed.
How long does it take to get a West Virginia medical marijuana card?+
With MMJ.com, you can receive your physician certification on the same day as your appointment—often within 15-30 minutes of your telehealth visit. After you receive your certification, you'll need to register with the State Medical Marijuana Program. State processing times vary, but most patients receive their official card within Same-day certification available. Many West Virginia dispensaries allow patients to shop with a valid certification while waiting for the physical card to arrive.
How much cannabis can I possess with a West Virginia medical marijuana card?+
West Virginia medical marijuana patients are legally allowed to possess Varies by physician recommendation. This limit is designed to provide patients with an adequate supply for their medical needs while preventing diversion. Your physician may recommend specific amounts based on your condition. Exceeding possession limits, even with a valid card, can result in legal penalties.
Can I grow my own marijuana at home in West Virginia with a medical card?+
No, West Virginia does not currently allow home cultivation of marijuana, even for registered medical patients. All medical cannabis must be purchased from state-licensed dispensaries. These dispensaries offer a variety of products including flower, concentrates, edibles, tinctures, and topicals—all tested for safety and potency.
Does West Virginia accept out-of-state medical marijuana cards (reciprocity)?+
Check with your state for current reciprocity laws. If you're a West Virginia resident traveling to another state, your West Virginia card may be accepted in states with reciprocity agreements. States known to accept out-of-state cards include Nevada, Maine, Missouri, Oklahoma (with additional fees), and Washington D.C. Always verify current laws before traveling with or purchasing medical cannabis in another state.
What happens during a West Virginia medical marijuana evaluation?+
During your MMJ.com telehealth evaluation, you'll meet with a licensed West Virginia physician via secure video call. The appointment typically lasts 10-20 minutes. Your doctor will review your medical history, discuss your symptoms and previous treatments, explain how medical cannabis might help your condition, answer your questions, and—if you qualify—provide your official physician certification. There's no physical exam required. We recommend having your medical records available, though they're not always mandatory.
Can I use my West Virginia medical marijuana card at any dispensary?+
Yes, your West Virginia medical marijuana card is valid at all state-licensed dispensaries throughout West Virginia. There are currently numerous licensed dispensaries operating in the state. You can visit any dispensary you choose—there's no requirement to register with a specific location. Many dispensaries offer online menus, pre-ordering, and delivery services for patient convenience.

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Last Updated: December 15, 2024 · Reviewed by MMJ.com Medical Advisory Team