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.
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.
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.
The following debilitating medical conditions qualify for medical marijuana cards in West Virginia under the state's Medical Marijuana Act:
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
A primary caregiver in West Virginia can apply for the state's Caregiver ID card by taking these steps:
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:
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.
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.
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:
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:
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:
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.
A West Virginia medical cannabis card has the following information:
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.