West Virginia Cannabis Law

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A Guide to West Virginia Cannabis Laws

Legal Adult Consumption of Cannabis

  1. §16A-17-1. Purpose and findings.
    1. In the interest of the efficient use of law-enforcement resources, enhancing revenue for public purposes, and individual freedom, the Legislature finds and declares that the use of cannabis should be legal for persons 21 years of age or older.
    2. In the interest of the health and public safety of our citizenry, the Legislature further finds and declares that cannabis should be regulated in a manner similar to alcohol so that:
      • Individuals will have to show proof of age before purchasing cannabis;
      • Selling, distributing, or transferring cannabis to minors and other individuals under the age of 21 remains illegal;
      • Driving under the influence of cannabis remains illegal;
      • Legitimate, taxpaying businesspeople, and not criminal actors, will conduct sales of cannabis; and
      • Cannabis sold in this state will be labeled and subject to additional regulations to ensure that consumers are informed and protected.
    3. The Legislature finds and declares that it is necessary to ensure consistency and fairness in the application of this article throughout the state and that the matters addressed by this article are, except as specified herein, matters of statewide concern.

Is Medical Marijuana Legal in West Virginia?

  • Yes, medical marijuana has technically been legal in West Virginia since 2017. However, the WV Medical Cannabis Act wasn’t set to actually start registering patients until two years later in 2019. But, West Virginia and its cannabis-eager residents continued to see barriers.
  • As 2019 rolled around, financial delays and uncertainties set back the start of the medical cannabis program, and patients still couldn’t register with the state. It wasn’t until nearly four years after the state legalized medical cannabis that West Virginia saw the first medical cannabis dispensary open at the end of 2021.

Is THC Oil Legal in West Virginia?

  • Yes, THC oil is legal in West Virginia. In fact, you can purchase tinctures of varying types and strengths depending on what your medical needs require.

Along with THC tinctures, you can also purchase the following products at local dispensaries:

  • Dried flower
  • Liquids
  • Nebulizers
  • Oils
  • Pills
  • Transdermal Patches
  • Topicals
  • Tinctures
  • Vaporizers

Qualifying Conditions

  • Cancer
  • Positive status for human immunodeficiency virus or acquired immune deficiency syndrome.
  • Amyotrophic lateral sclerosis.
  • Parkinson’s disease.
  • Multiple sclerosis.
  • Damage to the nervous tissue of the spinal cord with objective neurological indication of intractable spasticity.
  • Epilepsy.
  • Neuropathies.
  • Huntington’s disease.
  • Crohn’s disease.
  • Post-traumatic stress disorder.
  • Intractable seizures.
  • Sickle cell anemia.
  • Severe chronic or intractable pain of neuropathic origin or severe chronic or intractable pain.
  • Terminally ill.
    • “Terminally ill” means a medical prognosis of life expectancy of approximately one year or less if the illness runs its normal course.

Is marijuana legal in West Virginia?

  • Yes, but not all types. As of today, you cannot purchase edibles at West Virginia medical dispensaries. However, WV medical marijuana laws state that you can make them at home if you so choose.

What are the Marijuana Laws in West Virginia?

  • Since medical marijuana is legal in WV, the state has set up specific regulations to help guide patients on what they can and cannot do. West Virginia marijuana laws, currently, are somewhat straightforward.

West Virginia Public Consumption Laws

  • Just like most states throughout the US, West Virginia marijuana laws state that public consumption is prohibited. You cannot consume your cannabis — no matter what form — in public places, in vehicles, or rental properties where the landlord has stated that it is a smoke-free property.
  • You are only allowed to consume your cannabis in a private residence. If you have a landlord, you need their permission to consume on their property. Public consumption can get you in serious trouble with the law, so it’s best to stay safe and enjoy your WV medical marijuanas at home.

Is marijuana legal in West Virginia?

  • Yes, but you cannot grow it yourself. WV does not allow for at-home cultivation of cannabis. It doesn’t matter whether you’re a patient or a caregiver; you cannot cultivate cannabis in your place of residence.
  • WV only allows cannabis cultivation for licensed growers at approved locations. West Virginia’s Bureau for Public Health is the only organization the state allows to grant these licenses.

West Virginia Cannabis Advertising and Marketing Guide Advertising Restrictions

  1. Medical cannabis advertising may not:
    1. Contain statements that are deceptive, false, or misleading;
    2. Contain any content that can reasonably be considered to target individuals under the age of 21, including but not limited to images of minors, cartoons, toys, or similar images and items typically marketed towards minors, or references to products that are commonly associated with minors or marketed by minors;
    3. Specifically encourages the transportation of medical cannabis items across state lines or otherwise encourages illegal activity;
    4. Display consumption of medical cannabis items;
    5. A medical cannabis organization may not make any deceptive, false, or misleading assertions or statements on any informational material, any sign, or any document provided to a consumer.
  2. A medical cannabis organization must include the following statements on all print, billboard, television, radio and internet advertising in font size legible to the viewer:
    1. “Do not operate a vehicle or machinery under the influence of this drug.”; and
    2. “Keep out of the reach of children.”
  3. Advertising Media, Coupons, and Promotions.
    1. Advertising through handbills that are passed out in public areas such as parking lots and publicly owned property is prohibited.
    2. A medical cannabis organization may not utilize television, radio, billboards, print media, or internet advertising unless the medical cannabis organization has reliable evidence that no more than 30 percent of the audience for the program, publication, or internet web site in or on which the advertising is to air or appear is reasonably expected to be under the age of 21.
    3. A medical cannabis organization that advertises via web page must utilize appropriate measures to ensure that individuals visiting the web page are over 21 years of age.
    4. A medical cannabis organization may not engage in advertising via marketing directed towards location-based devices, including but not limited to cellular phones, unless the marketing is a mobile device application installed on the device by the owner of the device who is 21 years of age or older and includes a permanent and easy opt-out feature. Removal of Objectionable and Non-Conforming Advertising.
    5. A medical cannabis organization must remove any sign, display, or advertisement if the bureau finds it violates these rules.
    6. The bureau will notify the medical cannabis organization and specify a reasonable time period for the medical cannabis organization to remove any sign, display, or advertisement that the bureau finds objectionable.
  4. Promotional, advertising, and marketing materials must be approved by the bureau prior to their use.
  5. This section does not apply to information provided by a grower/processor to a dispensary listing various medical cannabis items that the grower/processor is offering for sale to the dispensary.

West Virginia Cannabis Tax Guide

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