Cannabis Business in West Virginia

Medical Marijuana in West Virginia

The West Virginia Office of Medical Cannabis (OMC) is responsible for overseeing the state's medical marijuana program. The OMC is responsible for monitoring and inspecting all cannabis businesses in the state, ensuring compliance with regulations.

The OMC has ceased accepting applications for medical cannabis growers, processors, and dispensaries as of February 18, 2020. There may be existing cannabis businesses for sale, but no new licenses are being issued at this time.

Dispensaries

Dispensaries in West Virginia are not accessible to the public. Patients with valid medical marijuana identification cards are the only individuals who can purchase medical cannabis from these establishments. Dispensaries must also implement security measures to prevent unauthorized access.

The OMC sets specific guidelines for the location of dispensaries, requiring a distance of at least 1,000 feet from schools and daycare centers. These location boundaries aim to mitigate any potential negative impact on these institutions.

Industrial Hemp in West Virginia

Licensing and Regulations

The West Virginia Department of Agriculture is responsible for overseeing the state's hemp program. The department issues licenses for the cultivation and processing of industrial hemp. The application window for growing industrial hemp is from September 1st to October 31st. The Department has its own set of regulations for hemp products.

To obtain a license to grow or process hemp in West Virginia, individuals must submit an application to the West Virginia Department of Agriculture (WVDA). The application requires details about the applicant, the proposed cultivation site, and a criminal history background report. There are fees associated with the application and licensing process. The WVDA reviews applications and may issue a "Letter of Intent" while awaiting background checks and license fees. Once all requirements are met, a "Full License" is issued.

Hemp Product Registration

All hemp products sold in West Virginia must be registered with the WVDA. There are different types of hemp products that can be sold in West Virginia, including hemp extracts, hemp seed oil, and smokable hemp flower. However, Delta-8 and Delta-10 THC products are prohibited for sale and consumption in West Virginia as of June 8, 2023.

Hemp Businesses

There are various hemp businesses in West Virginia. Examples include:

• Cultivators that grow hemp plants.
• Processors that extract CBD oil or process hemp fiber.
• Retailers that sell hemp products.

These businesses must adhere to state regulations, such as obtaining the required licenses and registering their products.

Hemp Cultivation

The cultivation of industrial hemp in West Virginia involves specific guidelines and practices. Farmers must notify the WVDA 30 days before the anticipated harvest date. This notification allows for the WVDA to conduct testing to ensure that the THC content is below the legal limit of 0.3%. After harvest, farmers must submit a "Post-Harvest Report" to the WVDA by the end of the calendar year.

Municipalities and Hemp Businesses

While municipalities in West Virginia cannot outright ban the cultivation or processing of industrial hemp, they can implement zoning ordinances that regulate the location of these operations. This allows municipalities to have some control over where these cannabis businesses are located within their jurisdictions.