West Virginia Medical Marijuana Card

Is Medical Marijuana Legal In West Virginia?

Yes, the medical use of marijuana is legal in West Virginia. Governor Jim Justice signed Senate Bill 386 into law in April 2017, creating the West Virginia Medical Cannabis Act. While SB 386 became effective in July 2019, the first legal sale of medical cannabis did not occur until November 2021, when the first state-licensed dispensary opened. The enactment of SB 386 established the West Virginia Medical Marijuana Program and paved the way for the legal sales of medical cannabis to qualifying patients. Qualifying patients are individuals diagnosed with one or more medical conditions approved by the state's medical marijuana law for medical cannabis treatment. The West Virginia Office of Medical Cannabis (OMC) regulates medical marijuana in West Virginia.

Qualifying patients must enroll in the West Virginia Medical Marijuana Program and obtain a medical cannabis identification card to purchase cannabis dispensaries at licensed dispensaries. However, they may only buy certain forms of cannabis, including tinctures, pills, dermal patches, liquid, and oils. While edibles are prohibited for medical use in West Virginia, a bill, Senate Bill 590, was introduced in 2021 to allow medical marijuana patients to consume cannabis edibles but has yet to be enacted.

West Virginia prohibits qualifying patients from growing cannabis for personal use. Cultivating marijuana plants without a valid license is considered a criminal offense in the state. The only legal way patients can obtain medical marijuana is through state-licensed medical marijuana dispensaries. Registered patients can purchase up to a 30-day supply of medical cannabis. Cannabis supply within this period may not be more than 4 ounces of dried usable medical cannabis or the equivalent amount in other approved forms, including concentrates, oils, and tinctures. Sharing or selling medical cannabis to anyone who is not a registered cannabis patient in West Virginia is illegal.

In West Virginia, the only legal place to consume medical marijuana is in private residences. It is unlawful to consume medical cannabis in public spaces and any other place where smoking is not permitted in the state. Transporting medical cannabis across state lines into West Virginia is prohibited. Also, driving while under the influence of marijuana, including medical cannabis, is illegal. It is a criminal offense punishable by severe penalties, including incarceration, fines, and driver's license suspension.

How to Get a Medical Marijuana Card in West Virginia in 2024

Qualifying Conditions for Medical Card in West Virginia

Only patients who qualify for medical marijuana treatment and are enrolled in the state's Medical Marijuana Program can get a medical marijuana card in West Virginia in 2024. Per the West Virginia Medical Cannabis Act, medical conditions that qualify for medical cannabis treatment in the state include the following:

• Multiple sclerosis
• Post-traumatic stress disorder (PTSD)
• Epilepsy
• Sickle cell anemia
• Neuropathies
• Parkinson's disease
• Cancer
• Crohn's disease
• Amyotrophic lateral sclerosis
• Intractable seizures
• Position status for HIV/AIDS
• Severe chronic or intractable pain
• Huntington's disease
• Terminal illness that is defined as a medical prognosis of life expectancy of no more than one year if the ailment runs its normal course
• Injury to the spinal cord's nervous tissue with an objective neurological indication of intractable spasticity

Can I Apply For A Medical Marijuana Card In West Virginia Online?

Yes. After obtaining a physician's certification via telemedicine consultation, a qualifying medical cannabis patient can apply for a West Virginia medical marijuana card online using the state's Cannabis Portal.

How Do I Register With The West Virginia Medical Cannabis Program?

Only patients with qualifying debilitating medical conditions and caregivers can register and participate in the West Virginia Medical Cannabis Program. Qualifying patients must see licensed physicians to determine their eligibility before registering for the program online. Once a patient receives approval from the OMC, their caregiver can apply online using the West Virginia Medical Cannabis Portal.

Do I Need To Be A West Virginia Resident To Get A Medical Marijuana Card?

Yes. An individual must be a legal resident of West Virginia and provide proof of residency to apply for a state-issued medical marijuana card.

What Is The Cost Of A West Virginia Medical Marijuana Card?

The cost of a West Virginia medical marijuana card is $50. Applicants must mail their payments to the OCM at:

Office of Medical Cannabis

350 Capitol Street, Room 523

Charleston, WV 25301

West Virginia medical cannabis cards must be renewed annually at the same $50 cost. Applicants who cannot afford the cost of a medical marijuana card in West Virginia can request a financial hardship waiver if their income is below 200% of the FPL (federal poverty level). However, they must mail the OCM acceptable proof of income, such as proof of eligibility, W-2, and recent pay stubs. The OCM will notify applicants whose fee waivers are not approved to pay the required fee.

What Do You Need When Visiting A Medical Marijuana Dispensary In West Virginia?

Registered cannabis patients in West Virginia must hold their state-issued medical marijuana patient card when visiting a licensed medical marijuana dispensary. Patients cannot purchase medical cannabis without presenting their medical marijuana cards at the point of sale.

Who Can Prescribe Medical Marijuana In West Virginia?

Physicians registered with the Office of Medical Cannabis (OMC), who must have completed a compulsory four-hour physical education course, can recommend a person for medical marijuana therapy in West Virginia.

Can A Minor Get A Medical Marijuana Card In West Virginia?

Yes. A minor with a debilitating condition can get a West Virginia medical marijuana card, but they can only do so through a caregiver. As required by the state's medical marijuana law, the caregiver, who may be the parent or legal guardian, will apply on behalf of the minor patient for the state's medical cannabis patient identification card. After obtaining the minor patient's medical cannabis card, such an individual can then apply as the patient’s caregiver.

Can You Get A Medical Marijuana Card At 18 In West Virginia?

Yes. Under the West Virginia Medical Cannabis Act, patients aged 18 or older who are residents of the state and have debilitating medical conditions can get a medical marijuana card from the OMC.

How To Renew Your West Virginia Medical Marijuana Card

Registered medical marijuana patients in West Virginia must meet registered physicians annually to renew their medical marijuana recommendations. They are advised to initiate the renewal process at least 60 days before the current card expires. After renewing their medical cannabis recommendation, the registered physician will submit the completed Patient Certification form directly to the OCM.

Once a registered physician issues a Patient Certification form, the patient must complete the renewal process online by providing their information via the West Virginia Cannabis Portal. After filling out the required fields on the portal, they can submit the renewal application and pay the necessary payment unless their request for a financial hardship waiver is approved. The Office of Medical Cannabis provides patients with a Patient User Guide For Renewal Application.

Can You Grow Medical Marijuana In West Virginia?

No, the West Virginia Medical Cannabis Act prohibits medical cannabis patients from cultivating marijuana at home for personal use. The only way they can access medicinal cannabis legally is to purchase from state-licensed medical marijuana dispensaries. However, legislation (House Bill 2550) is currently pending to permit cannabis patients and caregivers to cultivate up to 10 marijuana plants (at most five mature plants) legally in their residences for therapeutic use. Only cannabis growers licensed by the West Virginia Bureau of Public Health can cultivate marijuana in the state at approved locations. In 2020, the Bureau of Public Health announced 10 successful applications for medical marijuana grower permits.

Does West Virginia Allow Medical Marijuana Patients To Designate Caregivers?

In West Virginia, medical marijuana patients who are minors or disabled can designate caregivers. A caregiver designated by a registered cannabis patient and approved by the West Virginia Bureau of Public Health is authorized to obtain medical marijuana on behalf of their patient from any state-licensed medical cannabis dispensary. They can also deliver medical cannabis to their patients.

Under the West Virginia Medical Cannabis Act, a caregiver must apply online for a caregiver identification card and undergo a criminal history background check. A medical marijuana caregiver in West Virginia must be at least 21 years of age unless otherwise approved by the state's Bureau of Public Health and can be any of the following:

• A person designated by a patient or legal guardian
• An individual designated by a patient, or if the patient is younger than 18, the patient's parent or legal guardian
• Any suitable person approved by the West Virginia Bureau of Public Health upon demonstrating with proof that no parent or legal guardian is available or appropriate

West Virginia Medical Marijuana Reciprocity

West Virginia is not a state with medical cannabis reciprocity. However, it allows terminally ill cancer patients from other states with comparable requirements for medical marijuana use to have legal access to medical marijuana. Such patients must have valid IDs and medical cannabis cards with proof of authorization from their states.

Are My Medical Marijuana Records Private?

Yes. Per the Health Insurance Portability and Accountability Act (HIPAA), medical records, including patients' medical marijuana records, must be kept confidential. These records are not expected to be disclosed to third parties unless needed in the public interest or other national priority purposes. For example, if law enforcement believes that certain information in a person's medical cannabis records will help an investigation, they may request such information. Similarly, the HIPAA Privacy Rule permits employers to request access to their employee's medical marijuana records for certain information, for instance, if required to comply with the Occupational Safety and Health Administration (OSHA).

Does Insurance Cover Medical Marijuana In West Virginia?

No. To avoid friction with federal law, health insurance companies do not cover patients' medical cannabis costs in West Virginia.

What Is The Medical Card Limit In West Virginia?

Per Section 16A-8-1 of the West Virginia Medical Cannabis Act, a cannabis patient or caregiver may purchase no more than a 30-day supply of marijuana with their medical marijuana card.

Can You Go To A Dispensary Without A Medical Card In West Virginia?

No. Marijuana patients cannot visit West Virginia-licensed cannabis dispensaries or purchase cannabis products without valid state-issued medical marijuana cards.