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West Virginia Drug Testing Laws >
Yes. A bill to amend the Code of West Virginia, Senate Bill 386, created the state's Medical Cannabis Act and authorized the licensure of testing laboratories. Generally, marijuana testing labs screen cannabis products for quality and potency before they are sold. The Office of Medical Cannabis (OMC) accepts applications for medical cannabis testing laboratories from eligible businesses in West Virginia.
No cannabis testing laboratory may collect or conduct tests on samples of marijuana from a licensed marijuana grower or processor in West Virginia without meeting certain requirements. As stipulated in 64CSR111, these requirements include the following:
At a minimum, any approved cannabis testing laboratory in West Virginia must be able to test marijuana samples for the following:
In West Virginia, the results of tests conducted on process lots samples requested by a grower/processor and harvest batch samples or harvest lot samples requested by a grower/processor must be submitted electronically. The electronic tracking system used for the reporting must be accessible to the grower or processor whose cannabis samples were tested and to the West Virginia Bureau for Public Health. The electronic tracking system, in this instance, is any seed-to-sale tracking system prescribed by the Bureau. At the grower’s or processor’s request, a cannabis laboratory can issue them a certificate of analysis (COA), including the supporting data, for each process lot, harvest lot, or harvest batch.
No official price is set for cannabis testing in West Virginia. A licensed processor and grower should contact a testing lab to confirm the current cost of testing cannabis in the state and the applicable terms and conditions.
An approved marijuana testing laboratory in West Virginia may retest a sample of cannabis that fails any test required upon request from the processor or grower. However, a processor or grower must inform the state's Bureau of Public Health of its intent to retest that sample or test another sample from the same harvest lot, harvest batch, or process lot that failed the initial lab test. If an initially tested sample passes a retest, another licensed lab in the state must test a new sample from the harvest lot, harvest batch, or process lot to confirm the passing test result. However, if the Bureau refuses to accept the result of a test, the lab must dispose of the sample as stipulated in 64CSR110.22.
Currently, only the following cannabis testing laboratories have been licensed in West Virginia: