West Virginia Cannabis License Guidelines

West Virginia Office of Medical Cannabis

Licensing and Enforcement Criteria

The Office of Medical Cannabis (OMC) is charged with the overseeing of the medical cannabis program in West Virginia.  The OMC falls under the West Virginia Department of Health and Human Resources, Bureau of Public Health.  The OMC and its committee determine what laws and regulations are required to provide West Virginians safe and licensed medical cannabis for those that qualify for a medical card.  The OMC also handles the business licensing of the West Virginia medical cannabis community.

The following entities shall be authorized to receive a permit to operate as a medical cannabis organization to grow, process or dispense medical cannabis:

  1. Growers.
  2. Processors.
  3. Dispensaries.

At the time the bureau determines a grower/processor to be operational, the grower/processor must provide the bureau with a full and complete plan of operation for review. A grower/processor may only grow, store, harvest, or process medical cannabis in an indoor, enclosed, secure facility as approved by the bureau and must use only pesticides, fungicides or herbicides that are approved by the United States Department of Agriculture for use on medical cannabis plants.

A dispensary may only dispense medical cannabis to a patient or caregiver in an indoor, enclosed, secure facility as approved by the bureau and may not be located within 1000 feet of the property line of a public, private or parochial school, or a day-care center.  Additionally, they may not be located within 1000 feet of the property line for a grow/processing site or a medical practitioner or other physician.

West Virginia Cannabis Law & Compliance

Several laws and ordinances regulate the West Virginia medical cannabis industry, as well as the many different steps in the supply chain. These laws range over dispositions for cultivators, manufacturers, distributors and retail dispensaries. The most recent news can be found on these websites:

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FAQs

What is the Medical Cannabis Advisory Board?

The Medical Cannabis Act establishes the Medical Cannabis Advisory Board within the Bureau for Public Health. The Board has the following duties:

  • Examine and analyze the statutory and regulatory law relating to medical cannabis within this state.
  • Examine and analyze the law and events in other states and the nation with respect to medical cannabis.
  • Accept and review written comments from individuals and organizations about medical cannabis.
  • Issue written report to the Governor, the Senate and the House of Delegates that includes recommendations on:
  • Whether there should be changes to the types of medical professionals who can issue certifications to patients.
  • Whether to change, add or reduce the types of medical conditions which qualify as serious medical conditions.
  • Whether to change the form of medical cannabis permitted.
  • Whether to change, add or reduce the number of growers, processors or dispensaries.
  • How to ensure affordable patient access to medical cannabis.
  • Whether to permit medical cannabis to be dispensed in dry leaf or plant form, for administration by vaporization.

What happens to the recommendations and final report prepared by the Board?

After receiving the report of the Board, at the discretion of the Commissioner, the Bureau for Public Health may incorporate the recommendations into proposed legislative rules for consideration by the West Virginia Legislature. 

The Commissioner is required to issue notice in the State Register within twelve months of receiving the Board’s report. The notice will include recommendations of the Board and state the specific reasons for the Commissioner’s decisions on each of the Board’s recommendations.

 

Can legal cannabis be transported between a dispensary and a medical cannabis organization at any time of day?

A dispensary may deliver medical cannabis to a medical cannabis organization only between 7:00 a.m. and 9:00 p.m. for the purposes of transferring medical cannabis among the permittee’s dispensary locations and returning medical cannabis to a grower/processor.

Do growers use pesticides and if so, are they free to use whichever ones they deem necessary?

A grower/processor must use only pesticides, fungicides or herbicides that are approved by the United States Department of Agriculture for use on medical cannabis plants and listed in Appendix A (Acceptable pesticide active ingredients for use). The bureau will periodically publish a notice in the State Register updating the list of pesticides, fungicides or herbicides.  

A grower/processor must use the pesticides, fungicides or herbicides listed in Appendix A in a manner that is approved by the United States Department of Agriculture on the basis of federal law and regulations.

West Virginia Cannabis License Types

Grower/Processor

A person who holds a permit from the bureau under the Act to grow or process medical cannabis.

A grower or processor may do all of the following in accordance with bureau rules:

  1. Obtain seed from outside this state to initially grow medical cannabis.
  2. Obtain seed and plant material from another grower/processor within this state to grow medical cannabis.

Limitations. —  A grower or processor may only grow, store, harvest or process medical cannabis in an indoor, enclosed, secure facility which:

  1. Includes electronic locking systems, electronic surveillance and other features required by the bureau; and
  2. Is located within this state.

An initial application fee in the amount of $5,000 shall be paid. The fee is nonrefundable.

A fee for a permit as a grower/processor in the amount of $50,000 shall be paid. The permit shall be valid for one year. Applicants shall submit the permit fee at the time of submission of the application. The fee shall be returned if the permit is not granted.

An application to renew a permit must be filed with the bureau not more than six months nor less than four months prior to expiration. A renewal fee for the permit as a grower/processor in the amount of $5,000 shall be paid and shall cover renewal for all locations. The renewal fee shall be returned if the renewal is not granted.

All fees must be paid by certified check or money order.

Dispensary

A person who holds a permit issued by the bureau to dispense medical cannabis.

A dispensary may not engage in the business of possessing, dispensing, selling, or offering to dispense or sell medical cannabis to a patient or caregiver in this state without first being issued a permit by the bureau and without first being determined operational by the bureau as required under 64CSR109.15.

  • An initial application fee in the amount of $2,500 shall be paid. The fee is nonrefundable.
  • A permit fee for a dispensary shall be $10,000 for each location. The period of the permit is one year. An applicant shall submit the permit fee at the time of submission of the application. The fee shall be returned if the application is not granted.
  • A renewal fee for the permit as a dispensary in the amount of $2,500 shall be paid. The fee shall be returned if the renewal is not granted and shall cover renewal for all locations.
  • An application to renew a permit must be filed with the bureau not more than six months nor less than four months prior to expiration.
  • All fees shall be paid by certified check or money order.

Laboratory

A grower and processor shall contract with an independent laboratory to test the medical cannabis produced by the grower or processor. The bureau shall approve the laboratory and require that the laboratory report testing results in a manner as the bureau shall determine, including requiring a test at harvest and a test at final processing. The possession by a laboratory of medical cannabis shall be a lawful use.

All medical cannabis produced pursuant to this chapter shall be subject to testing as directed by the bureau. The bureau shall ensure that there is sufficient testing capacity to meet patient demand.

All laboratories providing testing pursuant to this section shall be certified to do so by the Office of Laboratory Services.

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