West Virginia Medical Marijuana Dispensary Law

On April 19th, 2017, Governor Jim Justice of West Virginia signed SB 386, known as the West Virginia Medical Cannabis Act, into law, authorizing the legal use of medical marijuana for patients with qualifying conditions and establishing the West Virginia Medical Cannabis Commission.

Medical cannabis will not be available to patients until July 2019, when West Virginia Bureau of Health begins to issue patient Identification cards. A charge of $50 will be issued to patients for ID cards, though that fee may be waived due to financial hardships.

What West Virginia Medical Marijuana Patients Need to Know About Their Rights:

A qualifying patient is defined as an individual who has received a written certification from a certifying physician in the course of a bona fide patient-doctor relationship and, if the patient is a minor, has a caregiver who is a parent or guardian. To obtain medical marijuana, the patient must present and carry an identification card issued by the West Virginia Medical Marijuana Commission.

All qualifying patients in possession of an amount of medical cannabis that constitutes a 30-day supply, or in possession of more than a 30-day supply if the patient’s certifying physician included in the written certification that a 30-day amount would be inadequate to meet the patient’s needs are protected by SB 386.

There will be no home cultivation of cannabis by patients. Medical cannabis will not be in flower form that can be smoked or ingested. All cannabis products approved for patient use will be in the form of pills, oils, gels, creams, ointments, tinctures, liquid and non-whole plant forms.

Acting in compliance with this law, patients and caregivers are not subject to arrest, penalties, or prosecution for their status or for possessing medical cannabis or paraphernalia.

This law does not protect individuals who engage in any task under the influence of medical marijuana that would constitute malpractice or negligence, operate a motor vehicle, smoke cannabis in a public place or in a motor vehicle, or smoke cannabis on a private property that’s rented from a landlord and subject to the prohibition of smoking cannabis (this does not apply to vaporized marijuana).

What West Virginia Medical Marijuana Growers and Processors Need to Know:

The bill establishes the West Virginia Medical Cannabis Commission, charged with the task of creating policies, guidelines, procedures and regulations to implement a medical marijuana program in West Virginia. The Commission will provide licenses for cannabis growers and processors following approval of an application, as well as develop registration cards for registered agents of growers and processors.

The Commission shall establish an application process for granting licenses for cannabis growers and processors, as well as set standards for licensure including safety requirements, product tracking system requirements, application fees, licensure renewal, and a process for selecting and approving applications.

As per the law, the West Virginia Bureau of Public Health may issues as many as 10 permits to businesses looking to become growers of cannabis, 10 permits to those wishing to become processors of cannabis, and as many as 30 permits to those looking to own and operate a dispensary. By July 1st, 2020, the Commission will issue as many licenses as necessary to meet the displayed patient demand for medical cannabis and cannabis-derived products. There will be a 10 percent tax on sales from growers/processors to dispensaries.

Entities licensed to grow medical cannabis may also be licensed to process medical marijuana on the same premises.

The West Virginia Medical Cannabis Commission will actively seek to achieve geographic diversity during the licensing process, and encourage applicants who are a minority-owned business to apply for licensure.

What West Virginia Medical Marijuana Dispensaries Need to Know:

West Virginia Dispensaries seeking licensure must complete an application that includes the name of the dispensary, personal information of each officer, and the operating procedures that the dispensary will use, consistent with the Commission’s regulations.

The Commission shall establish an application process for granting licenses for dispensaries, as well as set standards for licensure including safety requirements, product tracking system requirements, security and product handling, application fees, licensure renewal, and a process for selecting and approving applications.

Initially, the West Virginia Medical Cannabis Commission will license no more than 60 dispensaries, seeking to achieve geographic diversity during the licensing process. By July 1st, 2020, the Commission may issue as many licenses as necessary to meet patient demand for medical cannabis. There will be a 10% sales tax on products from growers/processors to dispensaries.

Dispensaries licensed by this act may not be prosecuted or penalized under state law for acquiring, processing, possessing, transporting, selling or dispensing medical cannabis, related products or educational materials for use by a qualifying patient or caregiver.

West Virginia Medical Marijuana Service Locations:

SB 386 will allow licensed West Virginia medical marijuana dispensaries to provide efficient and safe cannabis treatments to patients in Charleston, Huntington, Parkersburg, Morgantown, Wheeling, Weirton, Martinsburg, Beckley, Clarksburg, South Charleston, Bluefield, Moundsville, and Elkins.

West Virginia Medical Marijuana Dispensary

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