Is Weed Legal in West Virginia?

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Garry Stewart
Written By Steve Brandon

April 3, 2024

Is Weed Legal in West Virginia?

While neighboring states have embraced the legalization of marijuana for both medical and recreational purposes, West Virginia’s approach remains more conservative. This approach creates a question for the state residents whether they can use cannabis or not. However, understanding current weed legislation is critical for both locals and visitors. This will save you from penalties and violating the laws associated with marijuana use in West Virginia. This comprehensive guide will explore the ins and outs of West Virginia cannabis legalization laws.

Regulations on Marijuana Legalization in West Virginia

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.

The Legalization of Weed in West Virginia

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.

What Is A WV Medical Cannabis Card?

A medical marijuana or cannabis card in West Virginia is a state-issued identification card that enables you to obtain, possess, or cultivate cannabis for medicinal use. Obtaining a cannabis card involves meeting specific criteria set forth by the state, including obtaining a recommendation from a licensed healthcare provider.

What Are The Qualifying Medical Conditions For Cannabis Under The Bill?

To be able to obtain a medical marijuana card in West Virginia, you must have one or more qualifying conditions.

  • Amyotrophic lateral sclerosis
  • ​​Cancer
  • Crohn’s disease
  • Epilepsy
  • Huntington’s disease
  • Intractable seizures
  • Multiple sclerosis
  • Neuropathies
  • Parkinson’s disease
  • Position status for HIV or AIDS
  • Post-traumatic stress disorder (PTSD)
  • Severe chronic or intractable pain
  • Sickle cell anemia
  • Terminal illness with a life expectancy of approximately one year or less.

How To Register For A WV Medical Cannabis Card?

To register for a medical marijuana card in West Virginia, you need to consult with a healthcare professional and obtain a cannabis recommendation letter. After getting the letter, you must register with the state cannabis department. Follow the steps below to get your recommendation letter and medical marijuana card.

Sign up and schedule your online appointment:

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.

What Are The Eligibility Criteria For Medical Cannabis?

  • You must be 18 years of age.
  • If you are under 18, your parent or legal guardian must apply on your behalf.
  • You must be a West Virginia resident.
  • You must have one of the medical conditions listed above.
  • You must have a medical cannabis recommendation letter from a healthcare professional registered with the Office of Medical Cannabis.

What Document Do You Need To Complete Your Registration Process?

  • Digital photo of passport
  • A copy of your driver’s license
  • Proof of West Virginia residency, such as:
    • Any recurring document (utility bill or bank statement) cannot be more than 60 days old.
    • Married applicants may provide residency documents from this list in their spouse’s name when accompanied by a Certified Marriage Certificate.
    • You must provide TWO proofs of West Virginia residency, but not use both documents issued by the same company.
  • A recommendation letter from your doctor.
If you request a fee waiver​ based on financial hardship, provide acceptable proof of income, such as W-2, recent pay stubs, or proof of benefit eligibility.

Where is it Safe to Consume?

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.

Is Telemedicine Allowed in WV?

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

How To Become A Caregiver In West Virginia?

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)

Can You Grow Cannabis In West Virginia?

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.

What Are The Medical Marijuana Possession Limits?

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.
Weed in West Virginia

What Forms Of Medical Marijuana Are Allowed To Be Consumed?

  • Pill
  • Oil
  • Topical forms include gels, creams, and ointments
  • A form medically appropriate for administration by Vaporization or nebulization
  • Liquid
  • Dermal patch
  • Dry leaf or plant form

Can I Be Terminated Because Of A Cannabis Patient Status?

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.

Are Cannabis Patients Allowed To Smoke Marijuana Flowers?

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.

Reciprocity

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.

A Recap Of The Blog!

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.

Illustration of a medical marijuana card with text "Get Your Medical Marijuana Card Easily" and a button saying "Get Medical Marijuana Card Hassle Free.

Our Simple 3 Step Process For Medical Marijuana Card

1. Fill up your details in an easy 420 Evaluations form.

2. Get Evaluated by a Local MMJ doctor After Online Submission.

3. Get Approved and Receive your Recommendation In Your Email.

Looking To Apply For A Medical Marijuana Card?

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