Monongalia County Cannabis – Is It Legal & Where To Buy 2025

Is Cannabis Cultivation Legal in Monongalia County?

The cultivation of cannabis for medical purposes is permitted in Monongalia County under the Medical Cannabis Act of the State of West Virginia, which was signed on April 19, 2017. Although Section 16A-7-6 of the Act allows counties to prevent the setting up of medical cannabis cultivation companies by ordinance, Monongalia County did not enact that ordinance. However, licensed medical cannabis cultivation sites in the county are limited to the M-2 district according to the Monongalia County Administrative Interpretation (AI) 001-2020.

Article 6 of the Act requires a medical cannabis cultivation company to first apply for a medical cannabis grower license with the Office of Medical Cannabis (OMC) under the West Virginia Department of Health and Human Resources (DHHR) Bureau for Public Health. The application period, however, was only up to February 18, 2020. As of August 18, 2023, there were eight licensed medical cannabis growers that were operating throughout the state.

According to Section 16A-6-13 of the Act, the OMC may grant up to 10 licenses for medical cannabis growers across the state, with each one operating up to two growing locations. A medical cannabis grower licensee may also apply for a medical cannabis processor license and a medical cannabis dispensary license.

The $5,000 application fee and $50,000 licensing fee requirements of Section 16A-6-6 apply to the medical cannabis producer license. If the application is refused, only the licensing fee will be reimbursed. When applying for license renewal, the $5,000 renewal fee is likewise reimbursed if the renewal is refused.

Section 16A-7-2 states that licensed medical cannabis growers are only permitted to grow crops and store medical cannabis within entirely enclosed structures safeguarded by digital locking mechanisms and video surveillance.

Section 16A-3-2 only allows licensed medical cannabis growers to put on the packages of the medical cannabis they sell to licensed processors or licensed dispensaries their company name, the medical cannabis species, the form of medical cannabis in the package, and the tetrahydrocannabinol (THC) and cannabinol (CBD) percentages contained in the medical cannabis.

Is Cannabis Manufacturing Legal in Monongalia County?

The manufacturing of medical cannabis products is permitted in Monongalia County by the State of West Virginia’s Medical Cannabis Act. The county has not enacted an ordinance banning medical cannabis manufacturing companies even if Section 16A-7-6 of the Act allows local governments to do so. Licensed medical cannabis manufacturing facilities in Monongalia County, however, are only allowed in the M-2 district by the county’s AI-001-2020.

A medical cannabis manufacturing company must first get a medical cannabis processor license from the OMC before beginning operations in Monongalia County. Only ten of these permits will be issued around the state.

The medical cannabis processor licensee may only possess a single manufacturing license, but can additionally hold grower and dispensary licenses. The same fees and rules that apply to medical cannabis grower licenses apply to medical cannabis processor licenses.

No further applications for medical cannabis processor licenses were accepted after February 18, 2020. As of August 18, 2023, the State of West Virginia had seven medical cannabis producer licensees that were operational.

Licensed manufacturing facilities must follow the same security and enclosure rules as licensed growing facilities. Operations must also take place indoors. The packaging and labeling standards for medical cannabis products supplied to licensed dispensaries by licensed processors are the same as those for medical cannabis produced by licensed growers.

Is Cannabis Retail Legal in Monongalia County?

The retail selling of medical cannabis and its products to medical cannabis cardholders was legalized in Monongalia County by the Medical Cannabis Act of the State of West Virginia. The county has not acted on the option given by Section 16A-7-6 of the Act for local governments to enact an ordinance banning this. Licensed medical cannabis retail facilities are only allowed, though, in Districts C-1, C-2, and C-3 by AI-001-2020 of the county.

Before a medical cannabis retail company may operate in Monongalia County, an OMC medical cannabis dispensary license must be secured. The OMC may only grant up to 100 medical cannabis dispensary licenses throughout the state. A single person may own up to 10 medical cannabis licenses while also holding licenses as a grower and a processor. A single medical dispensary license allows for just one dispensary facility location.

A licensing fee of $10,000, an application fee of $2,500, and a renewal fee of $2,500 are required for a medical cannabis dispensary license. Only the licensing and renewal payments are returned if the license or renewal is refused.

On February 18, 2020, the application period for licenses to operate medical cannabis retail establishments concluded. As of August 18, 2023, the state had 53 licensed and operational dispensaries.

According to Section 16A-8-2 of the Medical Cannabis Act, a licensed medical cannabis dispensary must be located at a distance of more than 1,000 feet from a childcare institution or educational facility. It is not allowed to be on the same property as a licensed medical cannabis growing or manufacturing operation. The licensed dispensary must be housed within a reinforced structure, and its license must be prominently displayed inside.

Section 16A-3-3 of the Act prohibits licensed dispensaries from selling medical cannabis in edible and smokable forms. Patients and caregivers, on the other hand, may mix medical cannabis into edible foods for the patient to eat. Section 16A-3-2 prohibits the selling of dried medical cannabis leaves and cannabis plants unless this is eventually authorized by the Bureau of Public Health.

Only the things permitted to be placed on packages and labels of medical cannabis and cannabis products sold by licensed growers and processors can be placed on those sold by licensed dispensaries.

According to Section 16A-3-2, medical cannabis cardholders may obtain medical cannabis in the form of pills, oils, liquids, tinctures, vaping or nebulizing forms, dermal patches, and topical applications from licensed dispensaries. Likewise, Section 16A-8-2 allows licensed dispensaries to sell the devices needed to treat patients with medical cannabis.

A licensed medical cannabis dispensary is only permitted to offer each patient or the patient's caregiver the specific form of medical cannabis listed in the patient's certification that is on the online registry of the OMC, in accordance with Article 8 of the Act. Furthermore, a 30-day supply is the most that a patient may purchase. A repurchase is allowed only when a week's supply is all that is left from the previous purchase.

Is Cannabis Delivery Legal in Monongalia County?

The Medical Cannabis Act of West Virginia includes no provision about delivering medical cannabis and medical cannabis products to medical cannabis cardholders. Section 16A-7-3 allows only the delivery of medical cannabis and medical cannabis products among licensed medical cannabis companies.

How to Get a Medical Marijuana Card in Monongalia County

Residents of Monongalia County will be able to apply for a medical cannabis card if a [physician registered with the OMC](https://omc.wv.gov/patients/Documents/Physician LicensesWebsite05-12-2021.pdf) has diagnosed them with any of the qualifying illnesses listed below:

• Intractable seizures
• Epilepsy
• Parkinson’s disease
• Terminal illness with a life expectancy of one year or less
• Post-traumatic stress disorder
• Neuropathies
• Amyotrophic lateral sclerosis
• ​​Cancer
• Multiple sclerosis
• Huntington’s disease
• Sickle cell anemia
• Severe chronic or intractable pain
• Crohn’s disease
• Positive HIV or AIDS status
• Intractable spasticity due to spinal cord damage

The physician will file the patient certification form stating the diagnosis on the OMC's online registry. The patient will be given a copy.

The patient must then complete the West Virginia Medical Cannabis Portal registration by supplying the necessary documents, such as a passport-quality digital photo, a legitimate photo ID, acceptable evidence of state residence, and a scan of the patient certification.

A minor patient must be registered by a parent or legal guardian. To receive medical cannabis for the patient, the parent or legal guardian is also required to register as a caregiver. Adult patients who need help may also choose a caregiver, who must likewise register on the same portal. During the caregiver registration, the caregiver designation form must be completed. Caregiver applicants will be subjected to a criminal background check. Each patient may appoint two caregivers, as stipulated in Section 16A-3-2.

Following successful application submission, the applicant will be assigned an application number. Pursuant to Section 16A-5-1, this number must be provided on the memo line of the $50 processing fee check or money order payable to the Office of Medical Cannabis. This must be mailed to the following address:

Office of Medical Cannabis

350 Capitol Street, Room 523

Charleston, WV 25301

If the applicant's income is at 200% of the federal poverty line or lower, a legitimate proof of income must be supplied with the application, such as W-2 forms, pay stubs, or confirmation of benefit eligibility. The applicant has to wait to find out if the waiver is accepted. If not, the fee must be sent. The medical cannabis card may take 30 to 60 days to process.

Inquiries may be sent through these channels:

Office of Medical Cannabis

Email: medcanwv@wv.gov

Phone: 304-356-5090

Fax: 304-558-0035

How Has Cannabis Legalization Impacted the Economy of Monongalia County?

The OMC reports that as of August 18, 2023, $64,898,874 worth of medical cannabis had been sold in the State of West Virginia. The medical cannabis sector directly or indirectly provides employment to 2,000 individuals.

Licensed dispensaries are required to pay a privilege tax equivalent to 10% of their gross sales in accordance with Article 9 of the Medical Cannabis Act, which prohibits them from passing on this tax to medical cannabis cardholders. Local excise or sales taxes on medical cannabis are not allowed to be levied by counties or municipalities.

All fees and taxes received from medical cannabis businesses are sent to the Medical Cannabis Program Fund. The Bureau of Public Health receives 55% of this total, with the remaining apportioned to the Fight Substance Abuse Fund, Division of Justice and Community Services, and law enforcement training and development.

The Effects of Cannabis Legalization on Crime Rates in Monongalia County

Medical cannabis was legalized in Monongalia County in 2017.

Data sent by the Monongalia County Sheriff's Office to the Crime Explorer page of the FBI shows that in 2016, a year before the legalization of medical cannabis, there were 18 marijuana possession arrests and three marijuana sales arrests, totaling 21 marijuana offense arrests.

In 2018, a year after the legalization of medical cannabis, there were nine marijuana possession arrests and no marijuana sales arrests.

In 2021, the latest data showed three marijuana possession arrests and one marijuana sales arrest, totaling four marijuana offense arrests.

The number of DUI arrests during those years was as follows:

• 2016: 135 arrests
• 2018: 69 arrests
• 2021: 72 arrests