West Virginia Cannabis License Guideline

West Virginia Department of Health and Human Resources

Licensing and Enforcement Criteria

The medical cannabis program of West Virginia is run by the Department of Health and Human Resources (DHHR). The Office of Medical Cannabis is the agency set up within the DHHR to oversee the ever-expanding medical cannabis community.  

Guidelines set forth by the state of West Virginia:

  • 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.
  • 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.
  • A dispensary may only dispense medical cannabis to a patient or caregiver in an indoor, enclosed, secure facility as approved by the bureau.
  • A dispensary 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:

FAQs

What forms of medical cannabis are approved for use?

The following approved forms of medical cannabis:

  • Pill
  • Oil
  • Topical forms, including gels, cream or ointments
  • A form medically appropriate for administration by vaporization or nebulization, excluding dry leaf or plant form unless dry leaf or plants forms become acceptable under rules adopted by the Bureau for Public Health
  • Tincture
  • Liquid
  • Dermal Patch

What else will the Medical Cannabis Program do for West Virginia?

The Act provides for funding for research institutions to study the impact of medical cannabis on the treatment and symptom management of serious medical conditions. The advisory committee will review these research findings and make recommendations to the legislature for changes to the Act. In addition to funding for implementation and research, the Act further provides revenue to the Fight Substance Abuse Fund; the Division of Justice and Community Services, for grants to local law enforcement agencies for training, drug diversion, and other programs focused on crime and addiction; and a fund to be used for law enforcement professional training and professional development programs.

What are the steps to obtain a Medical Cannabis card?

You must:

  • Visit one of the registered physicians and obtain a completed Physician’s Certification for Qualified Patients form.
  • Complete an application.
  • Submit payment (unless financial hardship waiver is requested and approved)
  • 30-60 days after your application and payment are received, your application will be reviewed and you will receive an email regarding the status of your application.
  • If your application is denied, you will be informed of the reason. If your application needs a correction, it will be rejected and sent back to you to correct and resubmit. You will not need to create and submit a new application.
  • If your application is approved, your WV Medical Cannabis card will be issued.

Note: Cards will expire after one year.

How do I find an approved physician?

The link to the physician registry is listed here on the office of medical cannabis website. Please continue to check the website for updates to this registry.

How long will it take to receive my patient card after I submit the application?

Applications should be reviewed no earlier than 30 days after receipt of the application and processing of the fee. You will be notified via email of the status of your application. If approved, your card will be issued.

How can a physician participate in the Medical Cannabis Program? When will applications be available?

In order to participate in the Medical Cannabis Program, a physician must:

  • Submit an online application to the Bureau for Public Health, Office of Medical Cannabis.
  • Demonstrate by training or expertise that he or she is qualified in treating the applicable serious medical conditions.
  • Successfully complete the required four-hour course established by the Bureau.
  • Hold a valid, unexpired, unrevoked, unsuspended West Virginia license to practice medicine.

Online applications are not available at this time. A press release will be issued once the application is available.

West Virginia Cannabis License Types

Grower/Processors

The Bureau for Public Health is allowed to issue permits initially for no more than 10 growers and 10 processors. The Bureau may not issue more than one individual grower or processor permit to one person. A grower or a processor may not be a dispensary.

An initial application fee of $5,000 must be paid, this fee in nonrefundable. The permit fee is $50,000 and must be paid at the time of submitting the application. The fee will be refunded if a permit is not granted. Permits expire after one year.

A renewal fee of $5,000 is due annually for each permitted location.  The renewal fee is refundable if the permit renewal was not granted.

Dispensaries

The Bureau for Public Health will issue permits initially for no more than 100 dispensaries; however, the Bureau may not issue more than 10 individual dispensary permits to one person.

An initial application fee of $2,500 must be paid, this fee in nonrefundable. The permit fee is $10,000 for each location and must be paid at the time of submitting the application. The fee will be refunded if a permit is not granted. Permits expire after one year.

A renewal fee of $2,500 is due annually for each permitted location.  The renewal fee is refundable if the permit renewal was not granted.

Laboratories

The West Virginia Department of Health and Human Resources, Bureau for Public Health, Offices of Medical Cannabis and Laboratory Services awarded a laboratory permit for medical cannabis testing to Analabs Inc., of Crab Orchard, WV. The lab is expected to perform a broad range of testing to ensure products are safe for patient medical use.

Before the West Virginia Senate is a bill to limit the number of testing facilities to two licensees.

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