West Virginia

Equity Project State Briefing

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

  • Fee Waivers / Reductions:
No

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

  • License Priorities / Set Asides:
No

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.

Other Licensing Provisions

License Caps

  • License Caps:
Yes

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.

Source:

W. Va. Code § 16A-6-13. Subsection (a) Limitations on permits
W. Va. Code § 16A-7-6. County prohibition

Application Selection Process

  • Selection System:
Merit

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.

Source:

W. Va. Code § 16A-6-3. Subsection e. Granting of permit

Felony Disqualification on Ownership

  • Ownership Exclusion for Felony Convictions:
Yes
  • Exemption for Cannabis Offenses:
No

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.

Source:

W. Va. Code § 16A-6-12. Subsection (a)(3). Convictions prohibited

Employee Criminal Records

  • Conviction Restrictions for Employees:
Yes
  • Exemption for Cannabis Offenses:
No

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:

W. Va. Code § 16A-6-12. Subsection (a)(3). Convictions prohibited

Availability of Expungements

  • Expungements:
Yes, Not Automatic

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.

Source:

W. Va. Code § 61-11-26. Expungement of certain criminal convictions; procedures