West Virginia Medical Cannabis Program (2024) Guide

What is the West Virginia Medical Cannabis Program?

The West Virginia medical cannabis program is the state's scheme permitting and regulating medical cannabis use and activities in all jurisdictions of the mountain state. The program was established pursuant to the West Virginia Medical Cannabis Act, signed into law in April 2017 by Governor Jim Justice. The Bureau of Public Health oversees the West Virginia medical cannabis program. Under the West Virginia medical cannabis program, the Bureau of Public Health:

• Issues permits to medical cannabis organizations to authorize commercial medical cannabis operations in compliance with the medical cannabis act
• Registers healthcare practitioners and ensures their compliance with the medical cannabis act
• Has regulatory and enforcement authority to regulate medical cannabis activities and operations in West Virginia
• Maintains an electronic database including activities and information related to medical cannabis organizations, certifications and ID cards issued, healthcare practitioner registration, and electronic tracking of all medical cannabis as mandated by the medical cannabis act

If you have been certified to use medical cannabis to treat a qualifying condition and possess an active West Virginia medical cannabis card, you can purchase up to a 30-day supply of medical cannabis as prescribed by your certifying physician. The West Virginia medical cannabis program allows minors to access medical cannabis through their caregivers. However, caregivers must undergo a criminal history background check and be approved by the Bureau of Public Health before acting in a caregiver capacity.

How Old to Join the West Virginia Medical Cannabis Program?

Patients must be at least 18 to join the West Virginia medical cannabis program. However, patients younger than 18 with a qualifying condition may obtain medical cannabis cards through a caregiver. A parent or legal guardian must apply for the patient identification card on behalf of the minor patient. Once the patient identification card is issued, the parent or legal guardian, the individual designated by the parent or legal guardian, or an individual approved by the Bureau of Public Health in the absence or unavailability of the parent or legal guardian must apply as a caregiver. Once a patient turns 18, they can apply for a medical marijuana card without requiring the assistance of a caregiver.

West Virginia Medical Cannabis Program Qualifying Conditions in 2024

According to the Office of Medical Cannabis in West Virginia, you must have one or more of the qualifying conditions to join the West Virginia medical cannabis program, such as:

• Positive status for HIV or AIDS
• Cancer
• Amyotrophic lateral sclerosis
• Multiple sclerosis
• Parkinson’s disease
• Damage to the spinal cord's nervous tissue with objective neurological indication of intractable spasticity
• Epilepsy
• Huntington’s disease
• Neuropathies
• Post-traumatic stress disorder
• Crohn’s disease
• Intractable seizures
• Severe chronic or intractable pain related to neuropathies or severe chronic or intractable pain
• Sickle cell anemia
• Terminal disease with a medical prognosis of life expectancy of up to 12 months

What Practitioners are Eligible to Recommend the Use of Medical Cannabis?

Only medical doctors and doctors of osteopathy who have successfully completed the mandatory 4-hour course established by the Bureau of Public Health are allowed to recommend the use of medical cannabis in West Virginia.

Must a Practitioner Obtain a License Before Issuing a Medical Card Recommendation?

A practitioner must have an active, unsuspended, and unrevoked West Virginia license authorizing them to practice medicine in the state before issuing a medical cannabis recommendation.

Do Physicians Need to Manage Patients Before Recommending Them for the West Virginia Medical Cannabis Program?

Per Section 16A-4-3(3) of Article 4 of the West Virginia Medical Cannabis Act, a patient must be under a practitioner's continuing care for the serious medical condition being certified to be treated with medical cannabis before the practitioner may recommend medical cannabis use to the patient.

Do Physicians Have to Join the West Virginia Medical Cannabis Program to Recommend Medical Marijuana to Patients?

Yes. Healthcare practitioners are required to register with the West Virginia medical cannabis program to be eligible to issue medical cannabis recommendations.

Can a West Virginia Medical Cannabis Program Practitioner Use Telemedicine for Patient Assessment?

Yes. West Virginia healthcare practitioners approved under the medical cannabis program in the state are allowed to use telemedicine for patient assessments.

How to Find West Virginia Medical Cannabis Program Doctors

You can find a list of medical cannabis program-participating physicians on the Office of Medical Cannabis website.

How to Apply for the West Virginia Medical Cannabis Program

If you have a qualifying condition, you can join the West Virginia medical marijuana program by completing an online application to the Office of Medical Cannabis in the Bureau of Public Health. However, you must first obtain a medical marijuana patient certification from a participating physician before completing an application. Schedule an appointment with a registered physician in person or via telehealth to obtain a recommendation to use medical cannabis to treat your condition.

After obtaining the medical cannabis certification, register for an account on the OMC registration portal if you do not already have an account. To register an account on the portal, select the "REGISTER" button on the top right-hand corner. Then, complete the rest of the application in the registration portal. You will be required to submit a digital photograph, Proof of West Virginia residency, physician-issued medical cannabis certification, a photo ID, and a $50 application fee. If you want to request a financial hardship waiver for the required fee, you must submit proof of income or eligibility status for benefits at or below 200% of the federal poverty level. Mail the payment to:

Office of Medical Cannabis 350 Capitol Street, Room 523 Charleston, WV 25301

Note that payment is the only item required to be sent.

Applications will be reviewed 30-60 days after the Office of Medical Cannabis receives your application and processes the required fee. If your application is denied, you will be informed by email of the reason. If your application requires correction, it will be rejected and sent to you for correction and resubmission. You will not be required to create and submit a new application. If your application is approved, your West Virginia card will be issued. This card is proof of your enrollment in the West Virginia medical cannabis program.

For more information on joining the medical marijuana program in West Virginia, see the patients page on the OMC website or contact:

Office of Medical Cannabis 350 Capitol Street Room 523, Charleston, WV 25301 Email: medcanwv@wv.gov Phone: (304) 356-5090 Fax: (304) 558-0035