Is Cannabis Legal in West Virginia?

• West Virginia allows medical cannabis only with strict regulations in place.
• Patients must have a valid MMJ card to legally access and possess cannabis.
• Recreational cannabis use is not legal, even for adults 21 and older.
• Cannabis use is permitted in private settings, and public consumption is prohibited.
• Strict penalties apply for unauthorized possession, distribution, or unlicensed sales.

Medical marijuana is legal in the state, but recreational marijuana is illegal. To use medicinal cannabis, you need to obtain a West Virginia medical marijuana card. Moreover, marijuana is decriminalized in the city of Morgantown, and possession of small amounts is a misdemeanor crime.

In 2017, the state passed Senate Bill 386 to legalize medical marijuana in WV for qualified patients. Governor Jim Justice signed it into law on April 19, 2017, but it went into effect in July 2018. The Bureau of Health (a cannabis-dedicated platform) is implementing the program, including application registration and issuing patient ID cards.

Moreover, the program aimed to establish a regulated framework for the cultivation, distribution, and use of medical marijuana in WV, ensuring safe access for those in need while implementing strict controls to prevent abuse or misuse.

Create an account on My MMJ Doctor and fill up a form to book an appointment with a healthcare professional.

Consult with a professional online:

Join the online consultation with one of our healthcare professionals through your mobile or laptop. During the consultation, the doctor will evaluate your medical conditions and qualifications for medical cannabis in West Virginia.

Get approved for your WV medical marijuana card:

Once approved, you will receive your recommendation letter. Use this approval to register with the state medical cannabis program. The program will review your application within 30-60 days, and If your application is approved, your WV Medical Cannabis card will be issued.

You can consume in your home without the presence of minors. Consumption in public places, such as shopping malls, restaurants, etc, is restricted. Also, you cannot consume marijuana near educational institutions.

Yes, West Virginia permits telemedicine for medical marijuana evaluations. It improves the availability of healthcare providers, particularly for patients in remote regions.

You can become a caregiver to assist your registered patient with medical marijuana. You may serve up to five patients.

• Caregiver Requirements are:
• Minimum 21 years old
• A background check is required.

To become a caregiver, complete the Patient Authorization for Designation of Caregiver form and the Criminal Background Check Rights Acknowledgement form.

You will need to create an account with the Office of medical cannabis. After that, fill out your caregiver form by providing the requested information and forms. Then you have to pay the fee of $50 to complete the process.

Here, you will find the Patient Caregiver Application Process in more detail.

For caregiver registration, please bring one of the documents from the list below.

Driver’s license, permit, or commercial driver’s license issued by a State or outlying possession of the U.S.

• Foreign Driver’s License (Mexico and Canada only)
• Foreign passport
• State ID Card
• Federal ID Card
• Government ID Card
• Department of Defense Common Access Card
• Employment Authorization Card/ Document (I-766) with Photo
• Military Dependent’s Identification Card
• Permanent Resident Card / Green Card (I-551)
• Merchant Mariner Card (MMD)
• Military ID Card
• Passport
• Enhanced Tribal Card (ETC)
  Visa
• Uniformed Services Identification Card (Form DD-1172-2)

It is not legal, even if you have a medical marijuana card or serve as a caregiver. West Virginia only allows marijuana cultivation for licensed growers only at approved locations. As such, if you are seeking medical marijuana products, obtain them from licensed dispensaries authorized to provide safe and regulated cannabis products.

You may purchase up to 6 ounces of flower or 60 grams of concentrate or an equivalent combination of the two per rolling 30-day period unless otherwise specified by your doctor.

The West Virginia cannabis laws don’t stop an employer from taking action if an employee uses medical cannabis at work or if their work suffers because of it. If an employee doesn’t meet the usual standards for their job because of using medical marijuana, the employer can still discipline them.

It is unlawful to smoke medical cannabis in West Virginia. Dry leaf or plant form is allowed to be administered by vaporization or nebulization. It means you can’t smoke marijuana flowers, but you can use other methods to consume it, like using a vaporizer or nebulizer.

West Virginia presently does not have reciprocal deals with other states on medical marijuana. Out-of-state medicinal cannabis cards are not valid in West Virginia. However, you can use your card in a state that allows out-of-state medical marijuana cards.

So, is marijuana legal in West Virginia? Yes, but only medical marijuana. Recreational marijuana is illegal. To use medical marijuana, you need to obtain a cannabis recommendation from a doctor and register with the state cannabis program. Both are easy steps you can do from home. You can contact My MMJ Doctor to obtain your recommendation and help to register with the state. We have licensed healthcare professionals who possess expertise in medical marijuana and a professional support staff that works around the clock to help you.