Medical Marijuana Laws and Safety Regulations in West Virginia

Is Medical Marijuana Legal in West Virginia?

No, medical marijuana is not currently legal in West Virginia. Possession of any amount of cannabis is a felony punishable by up to 1 year in prison and a fine of up to $1000.

What Are The Qualifying Conditions For Medical Marijuana in West Virginia?

In West Virginia, individuals must have a qualifying condition to be eligible for medical marijuana. These conditions include: HIV/AIDS, Amyotrophic Lateral Sclerosis (ALS), seizure disorder, intractable epilepsy, severe chronic pain, severe nausea, Crohn’s Disease, Huntington’s Disease, Parkinson’s Disease, multiple sclerosis, Post-Traumatic Stress Disorder (PTSD), a terminal illness with a life expectancy of less than one year, or a condition that is reasonably likely to be added to the list of conditions by the state.

How Do I Get A Medical Marijuana Card in West Virginia?

West Virginia does not have a medical marijuana program; however, legislation is being proposed in 2020 to establish a medical marijuana program. Until such time that the bill is passed and a medical marijuana program is established, it is not possible to obtain a medical marijuana card in West Virginia.

What Is The Process For Applying For A Medical Marijuana Card in West Virginia?

In order to apply for a medical marijuana card in West Virginia, you must first obtain a written certification from a certified physician stating that you suffer from a qualifying condition that would benefit from the use of medical marijuana. Then, you must create an account with the West Virginia Bureau of Medical Cannabis and submit a completed application along with your written certification and applicable fees. Once your application is approved, you will receive your medical marijuana card.

Where Can I Find A List Of Licensed Medical Marijuana Dispensaries in West Virginia?

Unfortunately, the state of West Virginia does not yet have a system in place for the legal sale of medical marijuana. The state’s medical marijuana program is still in the process of being implemented and is expected to be operational by July 2021. As such, there is currently no list of licensed medical marijuana dispensaries in West Virginia.

What Are The Possession Limits For Medical Marijuana in West Virginia?

In West Virginia, medical marijuana patients are allowed to possess up to a 30-day supply of medical cannabis. The approved amount is determined by the patient’s doctor. Patients must also obtain their medical marijuana through a licensed dispensary.

Can I Grow My Own Medical Marijuana in West Virginia?

No, it is illegal to grow medical marijuana in West Virginia. The state law prohibits any cultivation, possession, or sale of marijuana without proper authorization. Additionally, under federal law it is illegal to cultivate any marijuana for any purpose.

How Do Medical Marijuana Laws Affect Employment And Drug Testing in West Virginia?

Medical marijuana laws in West Virginia do not affect employment or drug testing in the state. West Virginia employers are still allowed to screen job applicants and current employees for marijuana use. Furthermore, employers are not required to modify their drug policies or make accommodations for medical marijuana users, as medical marijuana is still illegal under federal law. As a result, employers in West Virginia may still take adverse action against an employee or applicant based on a positive test for marijuana use, regardless of whether the individual has a valid medical marijuana recommendation.

Are There Age Restrictions For Medical Marijuana Patients in West Virginia?

Yes. As of 2019, all medical marijuana patients must be at least 18 years old. Patients aged 21 and older may obtain medical marijuana from a state-licensed dispensary.

What Forms Of Medical Marijuana Are Available in West Virginia?

Currently, West Virginia has legalized the use of medical marijuana for certain medical conditions, but only in the form of medicinal oils, extracts, and tinctures, as well as pills, topical creams, transdermal patches, and suppositories. Synthetic versions of tetrahydrocannabinol (THC) and cannabidiol (CBD) are also available.

Are There Reciprocity Agreements For Out-Of-State Medical Marijuana Patients in West Virginia?

No, there are not currently any reciprocity agreements for out-of-state medical marijuana patients in West Virginia. However, the West Virginia Legislature is currently considering a bill that would allow out-of-state medical marijuana patients to buy and possess medical marijuana in West Virginia.

What Are The Penalties For Using Or Possessing Medical Marijuana Without A Card in West Virginia?

Currently, West Virginia does not have a medical marijuana program. Possession of marijuana in any form is illegal, and penalties range from misdemeanors to felonies depending on the amount. Possession of under 15 grams is a misdemeanor, punishable with a fine of up to $1,000 and/or up to six months in jail. Possession of 15 grams or more is a felony, punishable by up to 3 years in prison and/or a fine of up to $5,000.

Can I Get A Medical Marijuana Card If I’M Not A Resident in West Virginia?

No, you cannot get a medical marijuana card if you are not a resident of West Virginia. In order to qualify for a medical marijuana card, you must be a resident of West Virginia and have a qualifying condition as determined by the West Virginia Medical Cannabis Act.

What Is The Role Of Doctors In Recommending Medical Marijuana in West Virginia?

The role of doctors in recommending medical marijuana in West Virginia is to assess a patient’s medical condition and determine if their condition qualifies them for medical marijuana use. A doctor must also provide the patient with information about the risks and benefits of using medical marijuana, ensuring that they understand the effects and potential risks associated with using the product. The doctor will also need to provide the patient with a certification that they are eligible to purchase medical marijuana from a licensed dispensary. The patient must then register with the West Virginia Medical Cannabis Program before they can purchase medical marijuana.

Are There Restrictions On Where I Can Use Medical Marijuana in West Virginia?

Yes, there are restrictions on where medical marijuana can be used in West Virginia. Medical marijuana cannot be consumed in public places, including schools, workplaces, and hospitals. Additionally, it should not be consumed or stored in vehicles. It is also illegal to drive under the influence of medical marijuana.

Can I Apply For A Medical Marijuana Card Online in West Virginia?

No, you cannot apply for a medical marijuana card online in West Virginia. The West Virginia Medical Cannabis Act requires patients to obtain a written certification from a physician registered with the West Virginia Department of Health and Human Resources (DHHR) in order to be eligible for medical cannabis. Patients must then submit their application and documentation to the DHHR in order to receive an identification card.

What Are The Fees Associated With Obtaining A Medical Marijuana Card in West Virginia?

The fee for obtaining a medical marijuana card in West Virginia is $50. This fee covers the cost of processing the application and issuing the card. There is also an additional fee of $200 for a caregiver card, if applicable.

Do I Have To Notify My Employer If I Have A Medical Marijuana Card in West Virginia?

Yes, you are required to notify your employer if you have a medical marijuana card in West Virginia. Under West Virginia law, employers are allowed to drug test employees and prospective employees and may take disciplinary action against individuals who fail drug tests for marijuana. Additionally, employers can refuse to hire individuals with medical marijuana cards and can prohibit employees from using or possessing marijuana while on the job.

Can Medical Marijuana Patients Purchase Firearms in West Virginia?

No, medical marijuana patients are not allowed to purchase firearms in West Virginia. Federal law prohibits anyone who is an “unlawful user of or addicted to any controlled substance” from owning firearms, and medical marijuana patients are considered to be unlawful users of a controlled substance under federal law.

What Legal Protections Do Medical Marijuana Patients Have in West Virginia?

In West Virginia, patients with a qualifying medical condition and a written certification from a physician who is registered with the West Virginia Medical Cannabis Program, can possess and use medical marijuana. Patients are protected from arrest, prosecution, and penalty in any manner for their possession and use of medical marijuana according to the West Virginia Medical Cannabis Act. Additionally, they are protected from discrimination in housing, education, employment, and child custody proceedings. Furthermore, patients may not be denied any right or privilege granted by law solely because of their status as a medical marijuana patient.