Cannabis Legalization and Regulation in West Virginia
West Virginia has not legalized adult-use cannabis. Recreational possession, sale, and cultivation remain illegal and subject to criminal penalties under state law.
Medical cannabis was legalized in 2017 through the West Virginia Medical Cannabis Act. The program allows patients with qualifying conditions—including cancer, epilepsy, multiple sclerosis, PTSD, severe pain, and terminal illnesses—to obtain a physician’s certification and register with the state program. Patients may possess up to a 30-day supply of cannabis products purchased from licensed dispensaries.
Approved product forms include pills, oils, topicals, tinctures, liquids, dermal patches, and dry leaf or plant form for vaporization. Smoking cannabis is prohibited, and edibles may not be produced for sale, although patients may make their own edibles at home using legally purchased products. Home cultivation is not permitted.
The West Virginia Office of Medical Cannabis, under the Department of Health, regulates the program. This includes licensing for growers, processors, dispensaries, and testing laboratories, as well as overseeing patient registration, provider certifications, and compliance. Licensed dispensaries are operational across the state, providing access to registered patients.
Hemp cultivation and hemp-derived CBD products are legal in West Virginia if they contain no more than 0.3% THC. Intoxicating hemp-derived cannabinoids, such as delta-8 THC, fall under stricter oversight and may be restricted when sold for consumption outside licensed cannabis channels.
For cannabis operators, West Virginia offers a limited but growing medical market. Businesses seeking banking or financial services must provide proper licensing, ownership disclosures, tax IDs, financial statements, and operating agreements. Because cannabis sales are largely cash-based, secure armored transport, reconciled deposits, AML/BSA monitoring, and audit-ready recordkeeping are required. Accurate sales and excise tax reporting is also essential to maintain financial relationships.
The West Virginia Office of Medical Cannabis regulates the program. For official updates, licensing resources, and compliance information, visit: https://omc.wv.gov
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