West Virginia
Equity Project State Briefing
Legal Status
Is Cannabis Legal in West Virginia?
- Adult-Use:
- Medical:
Cannabis in West Virginia is only legal for medical purposes.
Date of Legalization
- Medical:
West Virginia legalized cannabis for medical use in 2017.
Source:
Possession Limits
Within West Virginia’s medical use framework patients may possess a 30 day supply of medical cannabis products. In West Virginia medical cannabis may not be dispensed to a patient or a caregiver in dry leaf or plant form but rather may only be dispensed to a patient or caregiver in the following forms:
(A) Pill;
(B) Oil;
(C) Topical forms, including gels, creams or ointments;
(D) A form medically appropriate for administration by vaporization or nebulization, excluding dry leaf or plant form until dry leaf or plant forms become acceptable under rules adopted by the bureau;
(E) Tincture;
(F) Liquid; or
(G) Dermal patch.
Other Licensing Provisions
License Caps
- License Caps:
West Virginia is a limited license state and has licensing caps within its medical cannabis framework. In West Virginia the following licensing limitations apply:
(1) The bureau may not issue permits to more than 10 growers: Provided thatProvided, that each grower may have up to two locations per permit.
(2) The bureau may not issue permits to more than 10 processors.
(3) The bureau may not issue permits to more than 100 dispensaries.
(4) The bureau may not issue more than 10 individual dispensary permits to one person.
(5) The bureau may not issue more than one individual grower permit to one person.
(6) The bureau may not issue more than one individual processor permit to one person.
(7) A dispensary may only obtain medical cannabis from a grower or processor holding a valid permit under this act.
(8) A grower or processor may only provide medical cannabis to a dispensary holding a valid permit under this act.
(9) A person may hold a grower permit, a processor permit, and a dispensary permit, or any combination thereof, concurrently.
Additionally, local counties may opt to ban medical cannabis businesses entirely or may limit their locations within the county pursuant to a vote.
Application Selection Process
- Selection System:
West Virginia distributes medical cannabis licenses through a merit system. Applications for licensure are scored numerically and evaluated according to standards set forth in the law.
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Felony Disqualification on Ownership
- Ownership Exclusion for Felony Convictions:
- Exemption for Cannabis Offenses:
West Virginia’s medical framework disqualifies applicants for cannabis licensure on the basis of certain convictions. One can not be a principal owner at a medical operation if the individual has been convicted of any felony criminal offense related to the sale or possession of illegal drugs, narcotics or controlled substances, or conspiracy thereof. There is no carve out for individuals with cannabis convictions however, individuals who are excluded based on their conviction history may seek a waiver from the bureau.
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Employee Criminal Records
- Conviction Restrictions for Employees:
- Exemption for Cannabis Offenses:
The West Virginia medical sector has restrictions disqualifying potential employees with certain convictions. One can not be an employee at a medical operation if the individual has been convicted of any felony criminal offense related to the sale or possession of illegal drugs, narcotics or controlled substances, or conspiracy thereof. There is no carve out for individuals with cannabis convictions however, individuals who are excluded based on their conviction history may seek a waiver from the bureau.
Source:
Availability of Expungements
- Expungements:
West Virginia offers record cleaning options for qualifying cannabis convictions, however the process is not automatic. Individuals with qualifying nonviolent felonies (including but not limited to cannabis) may petition the court for an expungement five years from the completion of their last sentence.
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Social Equity
Social Equity Definition / Criteria
West Virginia does not offer a state social equity program to benefit medical cannabis licensees who have been disproportionately harmed by cannabis prohibition.
Social Equity Provisions
West Virginia does not offer a state social equity program to benefit medical cannabis licensees who have been disproportionately harmed by cannabis prohibition.
Fee Waivers and Reductions
West Virginia does not offer fee waivers or reductions to support medical cannabis licensees who have been disproportionately harmed by cannabis prohibition.
Other Financial Support for Social Equity Applicants and Licensees
West Virginia does not offer state level funding to support medical cannabis licensees who have been disproportionately harmed by cannabis prohibition.
License Priorities and Set Asides
West Virginia does not offer state level licensing priority or set asides to support medical cannabis licensees who have been disproportionately harmed by cannabis prohibition.