West Virginia Cannabis Legalization

19 April 2017 the West Virginia Medical Cannabis Act, S.B. 386, was signed by Gov. Jim Justice to allow cannabis to be consumed for certified medical use by a West Virginia resident with a serious medical condition. Patients may qualify for medical cannabis if they have a terminal illness or if they suffer from cancer, HIV/AIDS, ALS, Parkinson’s disease, multiple sclerosis, spinal cord damage, epilepsy, neuropathies, Huntington’s disease, Crohn’s disease, post-traumatic stress disorder, intractable seizures, sickle cell anemia, or “severe chronic or intractable pain in which conventional therapeutic intervention and opiate therapy is contraindicated or has proved ineffective as determined as part of continuing care.”

Under the Act, the Bureau started to issue the patient and caregiver identification cards necessary to obtain medical cannabis from July 1, 2019.

The Bureau for Public Health is allowed to issue permits initially for no more than 10 growers (with up to two locations each), up to 10 processors and no more than 30 dispensary permits. 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. It will also regulate testing laboratories. Medical cannabis organizations will be required to use seed-to-sale tracking of cannabis and to meet rules regarding delivery, transportation, record-keeping, security, and surveillance.

How to Start a Cannabis Business in West Virginia?

Counties may ban medical cannabis businesses entirely or may limit their locations within the county.

What Types of Cannabis Products are Legal in West Virginia

The Act allows West Virginia residents with a serious medical condition to procure medical cannabis for certified medical use in the following forms: pill; oil; topical forms including gels, creams, or ointments; a form medically appropriate for administration by vaporization or nebulization, dry leaf or plant form; tincture; liquid; or dermal patch.

Cannabis Delivery in West Virginia

Medical cannabis can be ordered online in West Virginia but delivery of medical cannabis is illegal. Customers must visit the dispensary to pick up the order they made online.

Cannabis Delivery Service by State

Cannabis Fees and Taxation in West Virginia

Applicants pay $2,500 per dispensary application and $5,000 per grower or processor application. Registration fees are $10,000 for each dispensary location and $50,000 for growers and processors.

Medical cannabis operators in West Virginia are not exempt from applying rules of 280E section rule under state tax law, so the businesses cannot deduct business expenses other than cost of goods sold.

West Virginia Cannabis Market: Stats and Projections

The West Virginia Department of Health and Human Resources (DHHR) Bureau for Public Health started accepting applications for growers, processors, dispensaries, and laboratories beginning December 19, 2019. The first medical cannabis dispensary in West Virginia opened in Morgantown in November 2021.

As of May 2025, 35,343 (34,371 in 2024, 27,496 in 2023, 12,672 in 2022) patients’ applications have been approved, 131 registered physicians and 26 telemedicine companies. According to the state’s Office of Medical Cannabis (OMC), 9 licensed growers and 9 processors were operational, and 65 (63 in 2024, 53 in 2023, 30 in 2022) dispensaries were open out of 73 licenses issued.

In 2024, medical cannabis sales grew by 37% to nearly $94 million. Since the program’s launch, medical cannabis sales have totaled more than $220 million. Sales are projected to exceed $100 million in 2025.

Cannabis users spent most of their dollars (65.1%) on flower. Concentrates, the next largest share of the cannabis sales, captures 32.1% with over 60% of this contributed by vape products. Pills and liquid tinctures, with 2.3%, came in third.

Cannabis Advertising Regulations in West Virginia

Pursuant to 64CSR109-23, medical cannabis advertising may not contain statements that are deceptive, false, or misleading, and may not contain any content that can reasonably be considered to target individuals under the age of 21.

All promotional, advertising, and marketing materials must be approved by the Bureau prior to their use.

West Virginia Cannabis Market Infographics

West Virginia Hemp Industry