West Virginia
This state has legalized marijuana for medical use.
SB 386 – Passed in 2017
Possession: 30 day supply (see Limitations below)
Can you use other Legal State Cards: Yes
How The Law Reads:
SB 386 – Approved April 5, 2017
Signed into law by Gov. Jim Justice on April 19, 2017
Effective: Beginning no sooner than July 2019, qualifying patients whose doctors have issued them a written certification for medical cannabis will be allowed to register with the health department to use medical cannabis and to buy it from regulated dispensaries.
Approved Conditions: Patients may qualify for medical cannabis if they have a terminal illness or if they suffer from cancer, HIV/AIDS, ALS, Parkinson’s disease, multiple sclerosis, spinal cord damage, epilepsy, neuropathies, Huntington’s disease, Crohn’s disease, post-traumatic stress disorder, intractable seizures, sickle cell anemia, or “severe chronic or intractable pain in which conventional therapeutic intervention and opiate therapy is contraindicated or has proved ineffective as determined as part of continuing care.”
Regulatory Authority: The Bureau of Health will implement the program, including by developing rules, inspecting medical cannabis businesses, processing applications, and issuing patient ID cards and business licenses. The law also creates an advisory board established to make recommendations to the bureau.
An independent 16-member West Virginia Medical Cannabis Commission, including medical professionals, law enforcement officials, and government agency representatives, will be set up to establish and oversee the state medical marijuana program. The commission will create patient ID cards, set fees, craft regulations for production and distribution, and determine the conditions for which physicians can recommend medical marijuana.
Limitations: The only types of medical cannabis allowed initially are pills, oils, gels, creams, ointments, tinctures, liquid, and non-whole plant forms for administration through vaporization. Dispensaries cannot sell edibles, but medical cannabis products could be mixed into food or drinks by patients themselves. Vaporization (or oils) is allowed, but smoking is prohibited. Patients may only obtain a 30-day supply of cannabis at a time. It is not clear who will determine the definition of a 30-day supply.
Access: Home cultivation is not allowed. Patients will be allowed to obtain cannabis from regulated dispensaries once they are up and running. In addition, the bureau may enter into agreements with other states to allow terminally ill cancer patients to buy medical cannabis in another state.
Medical Cannabis Businesses: The bureau will issue up to 10 grower permits (with up to two locations each), up to 10 processor permits, and no more than 30 dispensary permits. It will also regulate testing laboratories.
Contact:
West Virginia Department of Health & Human Resources
Bureau for Public Health
Room 702 – 350 Capitol Street
Charleston, WV 25301
Phone :(304) 558-2971 Fax: (304) 558-1035
Website: http://www.dhhr.wv.gov/bph/Pages/Medical-Cannabis-Program.aspx