Cannabis in West Virginia

West Virginia allows medical cannabis and nothing else. Governor Jim Justice signed the Medical Cannabis Act (Senate Bill 386) in April 2017, and the first dispensary, a Trulieve store in Morgantown, opened on November 12, 2021. The Office of Medical Cannabis (OMC), part of the state Department of Health, licenses growers, processors, dispensaries and labs and runs the patient registry. Wikipedia counted 65 active dispensaries, nine growers and nine processors in May 2025.

A patient needs a serious medical condition certified by a registered physician and applies through the state's online portal with a $50 fee. The OMC lists 16 conditions, including cancer, epilepsy, PTSD, Parkinson's disease, multiple sclerosis, chronic pain and terminal illness. A card lasts one year, and the patient sees a registered physician again to renew. Patients may obtain up to 6 ounces of flower or 60 grams of concentrate, or an equivalent mix, in any rolling 30-day period. Pills, oils, topicals, tinctures, liquids, dermal patches and dry leaf for vaporizing are allowed; smoking, dispensary edibles and home growing are not. Up to two caregivers may be named, and patients under 18 need one. Dispensaries pay a 10% tax on gross receipts rather than charging patients directly, according to a state-law summary.

Anyone without a card is exposed to the drug code: possession of marijuana is a misdemeanor punishable by 90 days to six months in jail and a fine of up to $1,000, with conditional discharge available for a first offense involving less than 15 grams. Delta-8 THC and related compounds were placed on Schedule I by SB 546, signed on March 29, 2023.

Lawmakers tried to expand the program in 2026. HB 5260 would have let processors make edibles capped at 10 mg per serving in plain geometric shapes; the House passed it on second reading on March 3, but it died in the Senate before the March 14 sine die, as did a home-grow bill. Adult-use bills were introduced, and Verdex found no sign that any advanced. Cannabis cannot leave the state. This page is general information, not legal advice.