Berkeley County Cannabis – Is It Legal & Where To Buy 2025

Is Cannabis Cultivation Legal in Berkeley County?

It is legal to cultivate cannabis for medical usage in Berkeley County under the State of West Virginia’s Medical Cannabis Act, signed into law on April 19, 2017. The Act’s Section 16A-7-6 enables counties to prohibit by ordinance the establishment of medical cannabis cultivation businesses, but Berkeley County does not have such an ordinance.

A medical cannabis growing business is required under Article 6 of the Act to first submit an application for a grower license to the West Virginia Department of Health and Human Resources (DHHR) Bureau for Public Health’s Office of Medical Cannabis (OMC). This involves the submission of written approvals obtained from the Berkeley Health Department and Berkeley County Commission.

In accordance with the Act’s Section 16A-6-13, the OMC may issue a maximum of 10 medical cannabis grower licenses statewide, each of which may operate two cultivation sites. A grower licensee may also possess licenses as a medical cannabis processor and a medical cannabis dispensary.

The medical cannabis producer license is subject to Section 16A-6-6's $5,000 application fee and $50,000 license fee requirements. Only the license fee will be refunded if the application is rejected. The $5,000 permit renewal fee is also refundable in the event that renewal is denied.

The deadline for medical cannabis grower license applications was February 18, 2020. According to OMC data, eight medical cannabis grower licensees operated statewide as of August 4, 2023.

According to Section 16A-7-2, licensed medical cannabis growers are only allowed to cultivate their crops and keep medical cannabis inside completely enclosed buildings that are protected with electronic locks and video monitoring.

When selling medical cannabis to licensed processors or licensed dispensaries, licensed medical cannabis growers are only allowed by Section 16A-3-2 to put on the package their business name, the medical cannabis specie and form, and the percentages of tetrahydrocannabinol (THC) and cannabinol (CBD) contained.

Is Cannabis Manufacturing Legal in Berkeley County?

It is legal to manufacture medical cannabis products in Berkeley County as stipulated by the State of West Virginia’s Medical Cannabis Act. The county does not have an ordinance prohibiting medical cannabis manufacturing businesses.

Prior to starting a medical cannabis manufacturing operation in Berkeley County, a company must first get a medical cannabis processor license from the OMC. Only 10 such licenses are to be granted throughout the state. The applicant must also submit written approvals from Berkeley County to the OMC.

The medical cannabis processor licensee is only allowed to hold one manufacturing license but is also permitted to hold grower and dispensary licenses. The same costs and regulations that apply to medical cannabis cultivation licenses also apply to processor license application, permit, and renewal procedures.

Since February 18, 2020, no new applications for medical cannabis processor licenses have been accepted. Seven medical cannabis manufacturer licensees were operating in the State of West Virginia as of August 4, 2023.

The same enclosure and security requirements for licensed cultivation facilities also apply to licensed manufacturing facilities. Operations can only be indoors, as well. Medical cannabis products sold by licensed processors to licensed dispensaries have the same package and label requirements as medical cannabis sold by licensed cultivators.

Is Cannabis Retail Legal in Berkeley County?

It is legal to sell medical cannabis and medical cannabis products by retail to medical cannabis cardholders in Berkeley County in accordance with the Medical Cannabis Act of the State of West Virginia. The county does not prohibit medical cannabis retail businesses by ordinance.

A medical cannabis dispensary license obtained from the OMC is required before a medical cannabis retail business may operate in Berkeley County. The OMC may only award up to 100 medical cannabis dispensary licenses statewide. Up to ten medical cannabis dispensaries may be owned by a single person, who may also hold licenses as a grower and a processor at the same time. Only one dispensary site is permitted under a single medical dispensary license.

The same Berkeley County approvals that are required of applicants for grower and processor licenses must be submitted to the OMC by the applicant. The medical cannabis dispensary license requires a $10,000 license fee, a $2,500 application fee, and a $2,500 renewal fee. If the license or renewal is rejected, only the license and renewal fees are refunded.

The application period for licenses to operate medical cannabis dispensaries ended on February 18, 2020. As of August 4, 2023, there were 52 licensed dispensaries in operation across the state.

A licensed medical cannabis dispensary must be over 1,000 feet away from a school or childcare center, according to the Medical Cannabis Act’s Section 16A-8-2. It cannot be in the same site as a licensed facility for medical cannabis cultivation or manufacturing. The dispensary must be inside a fortified building and its license must be publicly displayed in its interior.

Licensed dispensaries are not permitted to sell medical cannabis in forms that are either smokable or edible under the Act’s Section 16A-3-3. Patients and caregivers may, however, add medical cannabis to edible goods for the patient to consume. The sale of dried medical cannabis leaves and cannabis plants is similarly prohibited by Section 16A-3-2 unless the Bureau for Public Health later allows it.

All medical cannabis and medical cannabis products that licensed dispensaries sell are required to contain on their packages and labels only the things allowed for the packages and labels of medical cannabis and medical cannabis products supplied by licensed growers and processors.

In accordance with Section 16A-3-2, medical cannabis cardholders may purchase from licensed dispensaries medical cannabis in the form of tablets, oils, tinctures, liquids, dermal patches, vaping or nebulizing formulas, and topical treatments. Furthermore, Section 16A-8-2 permits licensed dispensaries to sell the medical paraphernalia required to use cannabis for treating patients.

According to Article 8 of the Act, a licensed medical cannabis dispensary is only allowed to sell to each patient or the patient’s caregiver the particular type of medical cannabis written in the patient’s certification on the OMC's online registry. Additionally, a 30-day supply is the maximum that may be bought for any patient. Only when the original purchase has a week's worth of supplies left may it be repurchased.

Is Cannabis Delivery Legal in Berkeley County?

The State of West Virginia's Medical Cannabis Act makes no mention of delivering medical cannabis and medical cannabis products to medical cannabis cardholders. Only the transport of medical cannabis and medical cannabis products between licensed medical cannabis enterprises is permitted under Section 16A-7-3.

How to Get a Medical Marijuana Card in Berkeley County

Berkeley County residents can apply for a medical cannabis card after being diagnosed with one of the following qualifying ailments by an OMC-registered physician:

• Epilepsy
• Terminal illness with a life expectancy of one year or less
• Neuropathies
• ​​Cancer
• Huntington’s disease
• Severe chronic or intractable pain
• Intractable spasticity due to spinal cord damage
• Positive HIV or AIDS status
• Crohn’s disease
• Sickle cell anemia
• Multiple sclerosis
• Amyotrophic lateral sclerosis
• Post-traumatic stress disorder
• Parkinson’s disease
• Intractable seizures

The patient certification form indicating the diagnosis will be filed by the physician on the online registry of the OMC. A copy will be provided to the patient.

The patient must then complete the registration on the West Virginia Medical Cannabis Portal by uploading the following documents:

• A digital copy of the patient certification
• Valid proofs of state residency
• Valid photo ID
• A digital photo of passport quality

A parent or legal guardian must register a patient who is a minor. The parent or legal guardian must also register as a caregiver in order to obtain medicinal cannabis for the patient. Adult patients who require assistance with purchases may also name a caregiver, who must also register on the portal. A caregiver designation form must be filled out as part of the caregiver registration. A criminal history check will be performed on potential caregiver candidates. According to Section 16A-3-2, each patient may designate two caregivers.

The applicant will be given an application number after successful application submission. In accordance with Section 16A-5-1, this number must be included on the memo line of the check or money order for the $50 processing fee made out to the Office of Medical Cannabis. This has to be sent by mail to the:

Office of Medical Cannabis

350 Capitol Street, Room 523

Charleston, WV 25301

A valid proof of income must be included with the application if the applicant's income is not more than 200% of the federal poverty limit. Paystubs, W-2 documents, or proof of benefit eligibility are a few examples. The applicant must wait to learn whether the waiver is approved. Otherwise, the fee needs to be mailed. Processing of the medical cannabis card may take about 30 to 60 days.

The following channels can be used to make further inquiries:

Office of Medical Cannabis

Email: medcanwv@wv.gov

Phone: 304-356-5090

Fax: 304-558-0035

How Has Cannabis Legalization Impacted the Economy of Berkeley County?

According to the OMC, as of August 4, 2023, the total sales of medical cannabis reached $62,125,965 in the State of West Virginia. The medical cannabis industry directly or indirectly provides 2,000 jobs.

According to the Medical Cannabis Act’s Article 9, licensed dispensaries must pay a privilege tax of 10% on their gross sales, which they are not allowed to pass on to patients with valid medical marijuana cards. However, counties and municipalities are not permitted to levy local excise or sales taxes on medicinal marijuana.

The Medical Cannabis Program Fund receives all taxes and fees collected from medical marijuana enterprises. From this sum, 55% goes to the Bureau for Public Health and the remainder is distributed as follows:

• Fight Substance Abuse Fund: 55%
• Division of Justice and Community Services: 40%
• Law enforcement training and development: 10%

The Effects of Cannabis Legalization on Crime Rates in Berkeley County

Medical cannabis was legalized in Berkeley County in 2017.

Data sent by the Berkeley County Sheriff's Office to the Crime Explorer page of the FBI shows that in 2016, a year before the legalization of medical cannabis, there were 37 marijuana possession arrests and 22 marijuana sales arrests, totaling 59 marijuana offense arrests.

In 2018, a year after the legalization of medical cannabis, there were 42 marijuana possession arrests and four marijuana sales arrests, totaling 46 marijuana offense arrests.

In 2021, the latest data showed 49 marijuana possession arrests and 13 marijuana sales arrests, totaling 62 marijuana offense arrests.

The number of DUI arrests in those years was as follows:

• 2016: 79 arrests
• 2018: 112 arrests
• 2021: 111 arrests