West Virginia Cannabis Legalization

Medical: Legal for qualified patients since April 19, 2017, but with limitations compared to states with established recreational programs. The medical program operates separately.
Recreational: Not legal. There have been attempts through ballot measures and legislative proposals, but none have been successful.

Current WV Cannabis Laws:

  • Possession: Any amount of cannabis is a misdemeanor, punishable by up to six months in jail and a fine of up to $1,000. However, a conditional discharge with probation is possible for a first offense of less than 15 grams.
  • Medical: Qualifying patients with valid registration cards can legally possess limited quantities of cannabis flower and other approved products. Edibles are not legal in the medical program.
  • Consumption: Public consumption of cannabis is prohibited for both recreational and medical use. Private consumption remains illegal for recreational use, while medical patients have limitations and specific guidelines.
  • Driving: Driving under the influence of cannabis is a DUI and carries significant consequences.
  • Sales: Selling or cultivating cannabis, regardless of quantity or medical status, is a felony with serious legal repercussions.

Cannabis Job Prospects in WV:

  • Continued Debate: Public support for both medical and recreational legalization is steadily increasing in West Virginia, even though there’s strong opposition from certain government officials.
  • Legislative Focus: Proposals for medical cannabis expansion and even recreational legalization might be considered in the legislature, although their success remains uncertain.
  • CBD Products: Low-THC CBD products containing less than 0.3% THC are legally available for purchase and consumption in West Virginia.
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West Virginia Cannabis FAQs:

Do I need a medical card to go to a WV dispensary?

Yes, you absolutely need a medical card to visit a dispensary in West Virginia. Recreational cannabis sales are still illegal in the state, and access to dispensaries is strictly limited to registered medical marijuana patients. Here’s a quick breakdown:

Medical Card Requirement:

  • Only individuals with a valid West Virginia medical marijuana card can legally purchase cannabis products from licensed dispensaries.
  • No medical card, no entry. This applies to everyone, regardless of residency or medical conditions.

Obtaining a Medical Card:

  • West Virginia has a medical marijuana program where qualifying patients can register and obtain a card.
  • This requires a consultation with a registered physician who can certify your eligibility based on specific medical conditions listed in the state program.
  • You can find more information on the process and required documents on the Office of Medical Cannabis website: https://omc.wv.gov/patient-application

Important Points:

  • Possessing or using cannabis without a medical card is illegal in West Virginia and can result in penalties.
  • Sharing or selling cannabis, even to other medical patients, is also illegal.
  • Driving under the influence of cannabis is a serious offense with potential legal consequences.


Remember, the laws and regulations surrounding cannabis are constantly evolving. It’s crucial to stay up-to-date on the latest information and ensure you comply with all applicable laws in West Virginia.

I hope this clarifies the need for a medical card in West Virginia dispensaries. Feel free to ask if you have any other questions!

How do I become a registered hemp grower in West Virginia?

To become a registered hemp grower in West Virginia, you need to follow a specific process:

1. Eligibility:

  • You must be 18 years of age or older.
  • You cannot have a felony conviction involving controlled substances within the past 10 years.
  • You must own or lease land suitable for hemp cultivation in West Virginia.

2. Application and License:

  • Submit an application for an Industrial Hemp License to the West Virginia Department of Agriculture’s Division of Plant Industries.
  • The application requires detailed information about your growing operation, including the location, intended varieties, and acreage.
  • Pay the licensing fee of $200.

3. Inspection and Approval:

  • After submitting your application, the Department of Agriculture will conduct an inspection of your proposed growing site.
  • This inspection verifies compliance with state regulations and best practices for hemp cultivation.
  • If your application and inspection are approved, you will receive an Industrial Hemp License.

4. Additional requirements:

  • You must register each lot of hemp seed you plan to plant with the Department of Agriculture.
  • You must comply with all applicable state and federal regulations for hemp cultivation, including testing requirements.
  • You must keep detailed records of your hemp cultivation activities for inspection purposes.


Additional tips:

  • Consider attending grower workshops or contacting the Department of Agriculture for assistance with the application process.
  • Network with other hemp growers in West Virginia to learn best practices and share information.
  • Stay informed about changes in state and federal hemp regulations.

Becoming a registered hemp grower in West Virginia requires careful planning and adherence to regulations. However, it can be a rewarding and profitable venture for those who can successfully cultivate and market this versatile crop.

Is cannabidiol (CBD) legal in WV?

Yes, CBD is legal in West Virginia with some specific conditions:

Hemp-derived CBD is legal:

  • It must be sourced from hemp plants containing 0.3% THC or less.
  • This includes various CBD products like oils, edibles, vapes, and topicals.
  • You can find these products in stores like gas stations, convenience stores, and specialty shops.

Marijuana-derived CBD requires a medical card:

  • Products containing more than 0.3% THC fall under the state’s Medical Marijuana Program.
  • Only registered patients with a valid medical marijuana card can access these CBD products from licensed dispensaries.

Important points to remember:

  • The FDA hasn’t approved CBD for use in food or dietary supplements, so products containing CBD may not be labeled as such.
  • Some cities and counties might have additional regulations regarding CBD sales.


As cannabis laws are constantly evolving, it’s important to stay informed by checking with the resources listed above for the latest updates.

Important Note:

  • The legal landscape surrounding cannabis in West Virginia is restrictive and penalties for possession are strict.
  • It is crucial to be aware of the legal risks associated with possessing, consuming, or selling cannabis in West Virginia, even in small amounts.

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