West Virginia Marijuana Laws

In some states, cannabis laws are cut and dry; in West Virginia, this has never been the case. The Mountain State has seen various obstacles when attempting to solidify medical cannabis laws, making residents and legislators jump through hurdles just to get clear answers on the state of the marijuana in WV.

Thankfully, as the years have unfolded, West Virginia has finally started to get its bearings and establish their medical marijuana program. Along with this, the state has also finally fully outlined its comprehensive marijuana laws. So, let’s find out: is marijuana legal in West Virginia?

Legal Status
Medical Program

Possession Limits
Medical Patients: 30 Day Supply
Recreational Usage: Illegal

State Taxes
Medical Patients: 0%
Recreational Usage: Illegal


So, is marijuana legal in West Virginia? Let’s find out.

  • An Overview of West Virginia Marijuana Laws

    West Virginia has had medical marijuana laws in place since 2017, offering medical cannabis to individuals with certain medical conditions. This program allows for medical marijuana products such as oils, capsules, patches, tinctures, and dry leaf cigarettes.

    Regardless of medical uses alone however, West Virginia remains one of the most restrictive states when it comes to cannabis laws more broadly discussing recreational use.

    Despite the stigma toward marijuana among older generations, recent polls have shown that the majority of West Virginians support legalizing recreational use in certain circumstances. With so much public support behind recreational marijuana usage and a booming medical cannabis program in place, West Virginia lawmakers may soon consider taking action on expanding upon current marijuana laws in order to stay competitive with other states across the country.

  • A Brief History of West Virginia Marijuana Laws

    West Virginia has a long and winding history of marijuana laws, with medical cannabis being first recognized back in 2017. Since then, the medical marijuana industry has grown significantly, with medical cannabis becoming readily available throughout the state.

    Over the last few years, many legislators have sought to put forth pro-legalization policies that would expand medical access to those who need it most and even create a recreational market should things move in this direction.

    And while there are currently no plans to make recreational medical use legal, medical marijuana patients still have easy access to an effective form of medical cannabis in West Virginia.

  • Is Medical Marijuana Legal in West Virginia?

    Yes, medical marijuana has technically been legal in West Virginia since 2017. However, the WV Medical Cannabis Act wasn’t set to actually start registering patients until two years later in 2019. But, West Virginia and its cannabis-eager residents continued to see barriers.

    Today, patients can both register with the state and purchase their medical cannabis from licensed dispensaries. There are several throughout the state, as more continue to open their doors throughout 2022.

    What is the West Virginia Medical Cannabis Act?

    The West Virginia Medical Cannabis Act, also known as SB 386, is the piece of legislation that legalized medical cannabis in WV back in 2017. Eventually, legislators amended the Act in 2019, and then again in 2020. After many changes and hurdles, the West Virginia Medical Cannabis Act finally started accepting applications at the end of 2019. Then, in 2021, the Mountain State saw the first licensed medical marijuana dispensary open its doors to patients.

    The West Virginia Medical Cannabis Act is likely to undergo more changes, especially as the state continues to consider the benefits of legalizing recreational cannabis.

    LEARN MORE: The Current State of Cannabis in West Virginia

  • How do I get Certified for Medical Cannabis in West Virginia?

    In West Virginia, medical marijuana is legally available to those certified by a medical professional. To get certified for medical cannabis in West Virginia, you must be deemed eligible by a medical practitioner registered with the medical marijuana program.

    It’s a simple process that starts with getting evaluated for medical marijuana eligibility and then applying for a medical marijuana card once deemed eligible.

    Applicants need to provide medical documents from the doctor who is assessing their medical condition as well as proof of residency in West Virginia.

    To get your MMJ in West Virginia, contact Elevate Holistics. Our 3-step process makes it easy to speak with a doctor and get the certification you need.

  • What Medical Conditions Qualify for a Medical Marijuana Card in West Virginia?

    The West Virginia marijuana laws list the following medical conditions as qualifiers for a medical cannabis card:

    • AIDS/HIV
    • Amyotrophic Lateral Sclerosis, aka Lou Gehrig’s Disease
    • Cancer
    • Crohn’s Disease
    • Damage to the nervous tissue of the spinal cord with an objective neurological indication of Intractable Spasticity
    • Epilepsy
    • Huntington’s Disease
    • Intractable Seizures
    • Multiple Sclerosis (MS)
    • Neuropathic Pain – Neuropathies
    • Parkinson’s Disease
    • Post-Traumatic Stress Disorder (PTSD)
    • Severe, Chronic, or Intractable Pain of neuropathic origin.
    • Severe, Chronic, or Intractable Pain in which conventional therapeutic intervention and opiate therapy is
    • contraindicated or has proved ineffective as part of continuing care.
    • Terminal Illness (Defined as a medical prognosis of life expectancy of approximately one (1) year or less if the illness runs its ordinary course)

    For an extended list of viable medical conditions for medical marijuana, click here.

  • Is Telemedicine Allowed for Medical Marijuana Consultations in West Virginia?

    Yes, telemedicine is legal in West Virginia, and you can get certified for cannabis online with Elevate Holistics.

  • Is THC Oil Legal in West Virginia? 

    Yes, THC oil is legal in West Virginia. In fact, you can purchase tinctures of varying types and strengths depending on what your medical needs require.

    Along with THC tinctures, you can also purchase the following products at local dispensaries:

    • Dried flower
    • Liquids
    • Nebulizers
    • Oils
    • Pills
    • Transdermal Patches
    • Topicals
    • Tinctures
    • Vaporizers

    Is marijuana legal in West Virginia? Yes, but not all types.  As of today, you cannot purchase edibles at West Virginia medical dispensaries. However, WV medical marijuana laws state that you can make them at home if you so choose.

  • More Marijuana Laws in West Virginia

    Since medical marijuana is legal in WV, the state has set up specific regulations to help guide patients on what they can and cannot do. West Virginia marijuana laws, currently, are somewhat straightforward. Though, as we’ve seen, the state is prone to making adjustments and amendments where they see fit. Because of this, it would be smart to stay updated on West Virginia marijuana laws in case they change in the future.

    So, what are the marijuana laws in the Mountain State like? Let’s explain.

    West Virginia Public Consumption Laws 

    Just like most states throughout the US, West Virginia marijuana laws state that public consumption is prohibited. You cannot consume your cannabis — no matter what form — in public places, in vehicles, or rental properties where the landlord has stated that it is a smoke-free property.


    Is marijuana legal in West Virginia?


    You are only allowed to consume your cannabis in a private residence. If you have a landlord, you need their permission to consume on their property. Public consumption can get you in serious trouble with the law, so it’s best to stay safe and enjoy your WV medical marijuanas at home.

    LEARN MORE: If You Have a Medical Marijuana Card, Where Can You Smoke?

    West Virginia Marijuana Growing Laws

    Is marijuana legal in West Virginia? Yes, but you cannot grow it yourself. WV does not allow for at-home cultivation of cannabis. It doesn’t matter whether you’re a patient or a caregiver; you cannot cultivate cannabis in your place of residence.

    WV only allows cannabis cultivation for licensed growers at approved locations. West Virginia’s Bureau for Public Health is the only organization the state allows to grant these licenses.

  • Does West Virginia Have Marijuana Reciprocity?

    Right now, West Virginia doesn’t have any reciprocity laws in place. Out-of-state marijuana cardholders cannot use their medical cards at WV dispensaries. 

    Before the state had MMJ for sale, the Bureau allowed patients to obtain their medicine in other states that had similar qualifying conditions. But, now that medical marijuana is available, this type of WV reciprocity may no longer be the case.

    Ready to get your own West Virginia medical marijuana card? Click here to book an appointment 100% online, 100% hassle-free.

  • Elevate Holistics Is Here To Help

    If navigating the complex world of marijuana laws and regulations has you feeling overwhelmed, Elevate Holistics is here to help.

    Our team offers comprehensive cannabis services with our clients in mind every step of the way — from setting up an appointment with a qualified medical professional who can provide evaluation and answers; all the way to helping obtain your West Virginia Medical Marijuana card online without any stress or headache!

    Medication doesn’t have wait – click here for simple access that puts control back into your hands.

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