West Virginia Marijuana Laws

Introduction

West Virginia’s marijuana laws have evolved in recent years, with the state implementing a limited medical marijuana program while maintaining strict regulations on recreational use. This comprehensive guide explores the current West Virginia marijuana laws, including regulations for businesses and users. From medical cannabis patient rights to penalties for illegal possession, we’ll cover everything you need to know about marijuana in the Mountain State. Whether you’re a potential medical marijuana patient, a caregiver, or simply curious about West Virginia’s stance on cannabis, this overview will provide valuable insights into the state’s evolving marijuana landscape.

Overview of Marijuana Laws

• West Virginia legalized medical marijuana in 2017 through the West Virginia Medical Cannabis Act. Recreational use remains illegal. The state’s medical cannabis program is overseen by the Office of Medical Cannabis within the Department of Health and Human Resources.

Recreational Marijuana Laws

• Current Status: Recreational marijuana is illegal in West Virginia.
• How to Legally Obtain Recreational Marijuana: There is no legal way to obtain recreational marijuana in West Virginia.

Medical Marijuana in West Virginia

• Eligibility and Requirements: Patients must have a qualifying medical condition such as cancer, HIV/AIDS, Parkinson’s disease, multiple sclerosis, epilepsy, PTSD, or chronic pain. Only certain forms of medical cannabis are allowed, including pills, oils, topicals, tinctures, liquids, and dermal patches. Smoking marijuana and edibles are not permitted.
• How to Obtain a Medical Marijuana Card: Patients must register with the state and receive a certification from a registered physician. The physician must have treated the patient for at least six months before issuing a certification.

Business Licensing for Marijuana Operations

• Types of Licenses Required: West Virginia issues licenses for growers, processors, and dispensaries.
• Application Process: Businesses must apply through the Office of Medical Cannabis. The application requires detailed information about the business, its principals, security plans, and location. Background checks are required for all principals.

Taxation of Marijuana Products

• Sales Tax and Excise Tax: Medical marijuana organizations are taxed at 10% of their gross receipts each quarter. This tax cannot be passed on to patients. Patients do not pay sales tax on medical cannabis purchases.

Recent and Upcoming Marijuana Legislation

• Recent Changes in the Law: In 2020, in SB 339, dry leaf and plant products were added as allowable forms of medical cannabis.
• Proposed Legislation and Potential Impact: There is pending legislation to allow certain patients to grow their own medical cannabis plants.

Penalties for Violating Marijuana Laws

• Legal Consequences for Possession: Possession of any amount of marijuana is a misdemeanor, punishable by 90 days to 6 months in jail and/or a fine of up to $1,000. Repeat offenders face double penalties.
• Penalties for Illegal Sales or Distribution: Selling marijuana without a license is illegal and subject to severe penalties.

Regulations for Marijuana Sales and Distribution

• Retail Sales Regulations: Only licensed dispensaries can sell medical cannabis. They cannot be located within 1,000 feet of a school.
• Distribution and Supply Chain Requirements: West Virginia uses Metrc as its cannabis track and trace program to manage inventory and ensure compliance.
• Compliance with State and Local Laws: All medical marijuana organizations must comply with state regulations and local zoning laws.

Personal Use and Possession Regulations

• Limits on Possession: Patients may possess up to a 30-day supply of medical cannabis as determined by their physician.
• Public Use Restrictions: Public use of medical cannabis is not allowed.

Hemp Business Legality in West Virginia

• Legalization Date: Hemp was legalized in West Virginia in 2019.
• Licensing Requirements: Hemp growers and processors must obtain a license from the West Virginia Department of Agriculture.
• Regulatory Compliance: Hemp businesses must comply with state and federal regulations, including maintaining THC levels below 0.3%.

Frequently Asked Questions

Can I grow my own marijuana in West Virginia?

No, personal cultivation of marijuana is not permitted in West Virginia. Only licensed medical marijuana organizations are allowed to grow cannabis.

Can I buy recreational marijuana in West Virginia?

Recreational marijuana is illegal in West Virginia; only medical marijuana is permitted for patients with qualifying conditions, who possess a medical marijuana card. Cannabis possession remains a misdemeanor for non-medical users, and growing plants is prohibited.

Is CBD legal in West Virginia?

Yes, CBD derived from hemp is legal in West Virginia as long as it contains less than 0.3% THC. This aligns with federal regulations under the 2018 Farm Bill.

Can employers discriminate against medical marijuana patients?

Employers cannot discriminate solely based on an employee’s status as a medical marijuana patient. However, they can enforce drug-free workplace policies.

Are out-of-state medical marijuana cards accepted in West Virginia?

No, West Virginia does not recognize medical marijuana cards from other states. Patients must obtain a West Virginia medical marijuana card to access the program.

Can you smoke medical marijuana in WV?

In West Virginia, smoking medical marijuana is not allowed; patients can only consume it in forms such as pills, oils, tinctures, and vaporized dry leaf. Public consumption is illegal, and patients may only use medical cannabis in private residences. Additionally, recreational marijuana remains illegal in the state.

Is West Virginia marijuana decriminalized?

No, possession of any amount of marijuana remains a misdemeanor offense in West Virginia. Penalties can include fines and jail time.

Can I lose my job for using medical marijuana in West Virginia?

Yes, employers can enforce drug-free workplace policies, which may result in disciplinary action, including termination, if an employee tests positive for marijuana.

Are edibles allowed for medical marijuana patients?

No, edibles are not permitted under West Virginia’s medical marijuana program. Patients can only access specific forms like oils, capsules, and tinctures.

Can I drive after using medical marijuana?

Driving under the influence of marijuana is illegal, even for medical patients. It is important to avoid driving if you are impaired by any substance.

How much does a medical marijuana card cost in West Virginia?

The cost varies but includes fees for physician certification and state registration. Patients should budget for both costs when applying for a medical marijuana card.

Conclusion

West Virginia marijuana laws provide a framework for medical cannabis use while maintaining strict prohibitions against recreational use and personal cultivation. As the state navigates the evolving landscape of cannabis legislation, both patients and businesses should stay informed about current regulations and potential changes. This knowledge is crucial for ensuring compliance and maximizing the benefits of medical cannabis in West Virginia.