How To Get a Medical Marijuana Card in West Virginia

What is an MMJ Card in West Virginia?

In West Virginia, a medical marijuana card serves as an identification card for a patient who is approved to use cannabis for medical treatment. It allows patients with certain qualifying medical conditions to purchase and use medical marijuana legally without the fear of arrest or prosecution. In 2017, Governor Jim Justice signed Senate Bill 386 into law, creating the Medical Cannabis Act that legalized medical cannabis for qualifying patients in West Virginia. Senate Bill 386 also established the state's Medical Cannabis Program to maintain a registry of patients and caregivers approved to use or assist in the administration of medical marijuana.

The West Virginia Office of Medical Cannabis (OMC) is responsible for issuing medical cannabis cards to residents whose medical conditions qualify for medical marijuana treatments. Currently, registered cannabis patients with valid medical marijuana cards in the state may only purchase medical cannabis in the form of oil, gels, pills, dermal patches, and tinctures. Others permitted forms include dry cannabis leaves, ointments, creams, and preparations medically suitable for administration by nebulization or vaporization. The OMC maintains a list of registered medical providers who can certify patients for the use of medical cannabis and recommend them for medical marijuana cards. West Virginia-issued medical cannabis cards are only valid in the state.

Who Can Apply for an MMJ Card in West Virginia?

Individuals who are at least 18 years old and diagnosed with qualifying medical conditions can apply for medical marijuana cards in West Virginia. However, they must be residents of the state with proof of residency and must possess written certifications from approved healthcare providers recommending them for medical marijuana treatment. Furthermore, a caregiver, who must be a resident aged 21 or older, can apply for a medical marijuana identification card in West Virginia.

Can a Minor Obtain a Medical Marijuana Card in West Virginia?

Yes, a patient under the age of 18 living with any of the qualifying debilitating medical conditions recognized by the state’s medical marijuana program can obtain a West Virginia medical marijuana card. However, a parent or legal guardian must apply for the medical marijuana card on behalf of that minor. The patient's parent or legal guardian may then apply as a caregiver for such a minor. Alternatively, the parent or legal guardian may designate another individual to apply as a caregiver to cater to their ward's medical cannabis needs.

What Conditions Qualify for Medical Marijuana Cards in West Virginia in 2024?

The following debilitating medical conditions qualify for medical marijuana cards in West Virginia under the state's Medical Marijuana Act:

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

How Do I Apply for an MMJ Card in West Virginia in 2024?

A qualifying patient can apply for a West Virginia medical cannabis card by taking the following steps:

• Locate a registered medical provider
• Schedule an appointment with the physician for a medical assessment. During the appointment, the healthcare provider will evaluate the patient to determine their eligibility for medical marijuana treatment. If the patient's condition qualifies, the physician will issue them a copy of the Patient Certification Form and submit a copy directly to the state's Office of Medical Cannabis (OMC)
• After obtaining a copy of the Patient Certification, the patient can apply for a West Virginia medical marijuana card through the state’s Medical Cannabis Portal (Complia). The patient must register to create a new account if no previous registration was done
• Once the account has been created and verified, log in to Complia to initiate a new patient registration
• Fill out the required information and upload all necessary documents in Complia. After completing the application, a confirmation screen will show up with the Application ID number
• Pay the application fee unless a financial hardship waiver is requested and approved. Mail the application fee (money order or check payable to West Virginia DHHR) with the Application ID number and patient name in the memo line of the check or money order to the OMC at: \ West Virginia Office of Medical Cannabis \ 350 Capitol Street, Room 523 \ Charleston, WV 25301
• The OMC will email the application's status by email to the patient after review. If the application is approved, the OMC will issue the patient's medical marijuana card. If denied, the OMC will communicate the reason. However, if an application requires a correction, the OMC will reject it and return it to the applicant to fix and resubmit

How Does a Primary Caregiver Get a West Virginia MMIC?

A primary caregiver in West Virginia can apply for the state's Caregiver ID card by taking these steps:

• Create an account on the West Virginia Medical Cannabis Portal (Complia)
• After entering and submitting the registration information, Complia will send a verification link by email for the applicant to verify their account
• Once verified, log in to Complia and select "Create New Application" and then "New Caregiver Registration"
• Provide all the required information while filling out the form
• Upload the following documents:
  • Passport photo
  • Proof of Virginia residency
  • A completed Patient Authorization for Designation of Caregiver Form (for a caregiver who intends to serve a patient younger than 18)
  • A completed Criminal Background Check Rights Acknowledgement Form
• Submit fingerprints for a criminal background check through IdentoGo
• Mail payment (check or money order) to the West Virginia Office of Medical Cannabis. The check or money order should be payable to the state's Department of Health and Human Resources (DHHR). Applicant should include their legal first and last name and the application reference number in the memo line of the money order or check
• The OMC will issue the applicant a Caregiver identification card if the application is approved

A primary caregiver is anyone a qualifying medical marijuana patient designates to help them with the purchase and administration of medical marijuana. Under the West Virginia Medical Cannabis Act, a caregiver is a person who is at least 21 years old and fits into any of the following descriptions:

• A person designated by a qualifying medical cannabis patient or legal guardian
• An individual designated by a parent or legal guardian of a patient if the patient is younger than 18
• A person authorized by the state's Bureau of Public Health if there is sufficient proof that no parent or legal guardian is appropriate or available to designate one

How long does it take to get a West Virginia MMIC?

It takes anywhere from 30 to 60 days for the West Virginia Office of Medical Cannabis to review an application for a medical marijuana card. So, card applicants should expect the OMC to issue their medical cards within this period if approved. Any application that needs correction is usually sent back to the applicant to correct and resubmit.

Getting a West Virginia Medical Marijuana Card Online

The OMC only accepts applications for West Virginia medical cannabis cards through an online licensing system known as the Medical Cannabis Portal (Complia). Qualifying patients can use the OMC Application Roadmap as a guide to apply for West Virginia medical cannabis cards online. Similarly, the OMC provides caregivers with the Application for Caregivers Guide to assist them in navigating Complia.

How Much Does a Medical Marijuana Card Cost in West Virginia?

A $50 application fee must be paid when applying for a West Virginia medical cannabis card. Applicants can make the payment in the form of a money order or check mailed to the Office of Medical Cannabis (OMC) with their name and application number included in the memo line. However, applicants who cannot make this payment based on financial hardship may request a fee waiver and would not need to send any payment if approved. Only individuals with incomes below 200% of the federal poverty level (FPL) are eligible. However, they must provide one of the following as proof of income:

• Pay stubs or W2s dated within 30 days
• Benefit statements showing participation in low-income assistance programs at the federal and state level, such as SSI/SSDI, SNAP, Section 8 (HUD) housing, or Medicaid

How Do I Renew My Medical Marijuana Card In West Virginia?

Every medical marijuana cardholder in West Virginia must renew their card annually in order to keep their registration in the state's Medical Cannabis Program active. Cardholders should initiate the renewal process before their cards expire. A medical cannabis renewal application in West Virginia must follow these steps:

• Schedule an appointment with a registered physician and obtain an annual certification
• Log into Complia (West Virginia Medical Cannabis Portal) with the correct username and password and select "Applications." Afterward, click on "Create New Application" and then select "Patient Renewal"
• Follow the prompts and select from the top bars any information that requires update or correction, if any, and save
• Select "View Available Certifications" to ensure that the electronic certification sent to the state's Medical Program is included in the renewal application. Click on the appropriate one and save
• Submit the application
• Send a $50 renewal application fee payment (check or money order) to the OCM unless a financial hardship waiver is requested and approved

What Documents Do I Need to Apply for a Medical Cannabis Card in West Virginia?

• Applicant's digital photo (passport quality)
• Copy of the completed Patient Certification Form issued by a registered physician
• Valid government-issued photo ID
• If requesting a fee waiver based on financial hardship, an acceptable proof of income
• Proof of West Virginia residency
• Patient Authorization for Designation of Caregiver (for a caregiver ID application)

Are my Details Kept Confidential When I Apply for a Medical Marijuana Card in West Virginia?

Yes. Details submitted to the Office of Medical Cannabis when applying for a medical cannabis card are kept confidential per Section 16A-3-4 of the West Virginia Medical Cannabis Act. None of the following information obtained by the OCM regarding patients, caregivers, and other applicants is subject to public disclosure:

• Information on identity cards
• Identifying information about caregivers and patients
• Information about patients' debilitating medical conditions

Also, the Health Insurance Portability and Accountability Act (HIPPA) requires all medical records, including medical marijuana records, to be kept private. This Act mandates appropriate precautions to protect the privacy of personal health information.

What Information Appears On A West Virginia Medical Marijuana Card?

• A West Virginia medical cannabis card has the following information:
  • Cardholder's name
• Card identification number
• Cardholder's date of birth
• Cardholder's image (photo)
• Issued date
• Expiry date

Can Someone Track Me Down Through The West Virginia Registry?

No, West Virginia medical marijuana cardholders cannot be tracked down through the state's medical marijuana registry. Per state law, no information about patients and caregivers maintained in the West Virginia medical cannabis registry is subject to public disclosure. Hence, participants in the state's Medical Cannabis Program have no cause to worry about anyone tracking them down through the registry.