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 plant 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?  

is 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. 

As 2019 rolled around, financial delays and uncertainties set back the start of the medical cannabis program, and patients still couldn’t register with the state. It wasn’t until nearly four years after the state legalized medical cannabis that West Virginia saw the first medical cannabis dispensary open at the end of 2021.

Finally, 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. 

LEARN MORE: The Current State of Cannabis 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. 

What are the 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. 

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.

Though it has been a long, complicated process, the residents of West Virginia finally have access to the medicine the state's been promising for years.

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. 

West Virginia 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.