Frequently Asked Questions (FAQ)
Is cannabis legal in the State of West Virginia?
On April 19, 2017, signed into law by Governor Jim Justice, the Medical Cannabis Act was passed allowing for cannabis to be used for certified medical use by a West Virginia resident with a serious medical condition and is limited by law to selected approved forms.
Adult/Recreational cannabis use is not legal in the State of West Virginia.
What is Medical Cannabis?
The Medical Cannabis Act (Chapter 16A.) defines medical cannabis as cannabis for certified medical use by West Virginia resident with a serious medical condition. Medical cannabis is generally understood as the use of the cannabis plant and its chemical constituents to potentially ease symptoms associated with serious medical conditions.
What does the Medical Cannabis Act (Chapter16A.) consider a "serious medical condition?
Serious Medical Conditions recognized by the State of West Virginia:
Cancer
Positive status for human immunodeficiency virus or acquired immune deficiency syndrome
Amyotrophic lateral sclerosis
Parkinson’s disease
Multiple sclerosis
Damage to the nervous tissue of the spinal cord with objective neurological indication of intractable spasticity
Epilepsy
Neuropathies
Huntington’s disease
Crohn’s disease
Post-traumatic stress disorder
Intractable seizures
Sickle cell anemia
Severe chronic or intractable pain of neuropathic origin or severe chronic or intractable pain
Terminal illness that is defined as a medical prognosis of life expectancy of approximately one year or less if the illness runs its normal course
What forms of medical cannabis are approved for medical use in West Virginia?
West Virginia's approved forms of medical cannabis product include:
Pill
Oil
Topical forms, including gels, cream or ointments
A form medically suitable for administration by vaporization or nebulization (dry leaf or plant form)
Tincture
Liquid
Dermal patch
Patient/Caregiver Information
How do I register for a medical cannabis card?
To become a medical cannabis patient, you must be diagnosed with a "serious medical condition" and be certified by a registered physician. After receiving a certification, patients must register through the online application portal and submit an application and an application fee ($50) to the Office of Medical Cannabis (OMC). Applications are then reviewed by the OMC within 30 days.
Updates regarding the application status will be sent via email. If approved, patients will revisit the application portal and download their digital medical cannabis card. Applications that are rejected for corrections may be fixed and resubmitted to the OMC for review.
My application was rejected. What does that mean?
Typically applications are rejected back to the applicant for application corrections. If your application needs a correction(s) you will be notified of what corrections are needed via email and the registration portal. You will not need to create a new application, only make the corrections. Any status updates on your application will be sent via email.
Common rejection reasons include:
Blurred, cropped, or filtered digital photos
Expired Driver's License or State ID
Missing documents or payment
Invalid online-electronic physician certification
How can I check my patient allotment?
Patients can check their monthly allotments through the MyComplia registration portal by clicking on their patient number (PAT000000) under the applications page.
Patients may purchase up to 6 ounces of flower or 60 grams of concentrate or an equivalent combination of the two per rolling 30-day period, unless otherwise specified by a registered physician. Patient allotments are NOT renewed on the 1st day of each month.
What is a 30 day rolling allotment?
The rolling 30-day period begins with the date of a purchase. The amount purchased is deducted from the allotment and will be added back to the allotment after 30 days (or on the 31st day).
For Example:
If a patient buys 7 grams of flower on March 15th, the 7 grams will be added back to the patient allotment April 15th (after 30 days). If 28 grams is purchased on February 3rd, the 28 grams will be added back to the patient allotment on March 6th.
Flower Equivalency of Non-Flower Products:
1 ounce of flower = 10 grams of processed THC
1 ounce of flower = 28.35 grams
28.35 grams of flower / 10 grams of processed THC = 1 gram of processed THC is equal to 2.835 grams of flower.
Can I travel outside of West Virginia with my medical cannabis?
Licensed patients and caregivers are prohibited from traveling outside of West Virginia with medical cannabis or medical cannabis products.
Driving while under the influence of any controlled substance or drug is illegal. Consuming medical cannabis can slow your reaction time and affect your attentiveness. Medical cannabis patients are not exempt from state or federal driving while impaired laws.
Refer to Chapter 17c. Traffic Regulations And Laws Of The Road.
Where can I purchase medical cannabis?
Medical cannabis can only be purchased by patients/caregivers who have been issued a certification by a registered physician and who possess an approved medical cannabis identification card from the Office of Medical Cannabis. Medical cannabis can be purchased through operational, licensed retail dispensaries approved by the Office of Medical Cannabis throughout the state.
You can find a list of operational dispensaries and their locations here - WV Medical Cannabis Facilities - Dispensary List
What is considered to be unlawful use of medical cannabis in West Virginia?
Unlawful use of medical cannabis is stated in Chapter 16A. Medical Cannabis Act.
It is unlawful to:
- Smoke medical cannabis.
This includes any form of combustion (the process of burning). The use of rolling papers, water pipes, pipes, or any other accessory commonly used to consume cannabis through combustion is strictly prohibited - Except as provided under subsection (c), incorporate medical cannabis into edible form or sell in edible form.
(c) Edible medical cannabis. — Nothing in this act shall be construed to preclude the incorporation of medical cannabis into edible form by a patient or a caregiver in order to aid ingestion of the medical cannabis by the patient. - Grow medical cannabis unless the grower/processor has received a permit from the bureau under this act.
- Dispense medical cannabis unless the dispensary has received a permit from the bureau under this act.
- Grow or dispense medical cannabis unless authorized as a health care medical cannabis organization under article thirteen of this chapter.
What documents are needed for my registration application?
When completing the registration application through MyComplia, patients will need to upload the following:
- Digital photo of passport quality
- Photo ID, such as a copy of your driver’s license, passport, or state ID.
- Proof of West Virginia residency. View the list of acceptable documentation here.
- Physician Certification
NOTE: If requesting a fee waiver based on financial hardship (income below 200% of the federal poverty level), provide acceptable proof of income, such as W-2, recent pay stubs, proof of benefit eligibility, etc. Please do not send payment if you are requesting the fee waiver. If the waiver is not granted, you will be notified to submit the fee at that time.
How do I become a designated caregiver?
A patient may designate up to two caregivers so that access to medical cannabis is easier. A caregiver may not act as a caregiver for more than five patients. For patients designating a caregiver, please fill out the caregiver designation form.
For patients under the age of eighteen, a caregiver is required. A designated caregiver for a minor must be a parent or legal guardian, designated by a parent or legal guardian, or an individual approved by the bureau if no parent or legal guardian is available. A caregiver application must be created and ready for submission before a minor patient can be approved.
Caregiver Registration Process
Criminal Background Check Privacy Statement and Acknowledgement
Registration Portal - MyComplia
Where can I find a registered physician and schedule an appointment?
To find a registered physician qualified to certify patients for a West Virginia medical cannabis card, visit the "Schedule an Appointment" page under the "Patients" tab. You will also find a list of telehealth companies with WV registered physicians.
How do I renew my medical cannabis card?
Patients renewing their medical cannabis card must:
1. Schedule an annual physicians appointment with a registered physician in-person or online.
2. Create a patient renewal application in the application portal.
3. Submit the application and payment to the OMC. Payments can be paid through mail or ACH online.
** ACH payments require an account and routing number from a valid bank account. Payment apps such as Chime, Venmo, CashApp, etc. may NOT be used.**
Can I renew my medical cannabis card before my expiration date?
Patients can attend their annual physicians appointment and submit a renewal application no earlier than 60 days before their medical cannabis card expires. If the renewal application is approved before the card expiration date, the patient will receive a new medical cannabis card with an expiration date dated 1 year from the original expiration date.
For example, if a patient with a medical cannabis card renews on August 20, 2028 and the previous medical cannabis card does not expire until October 20, 2028, the newly approved medical cannabis card will have an expiration date of October 20, 2029.
Physician Information
How can a physician participate in the Medical Cannabis Program?
Submit an online application to the Bureau for Public Health, Office of Medical Cannabis.
- Demonstrate by training or expertise that he or she is qualified in treating the applicable serious medical conditions.
- Successfully complete the required four-hour course established by the Bureau.
- Hold a valid, unexpired, unrevoked, unsuspended West Virginia license to practice medicine.
Online applications cane be completed through the registration portal. More information can be found on the Physicians page.
Where can I find the required 4-hour training to be eligible?
To register for the course -- TheAnswerPage
What if I want to be a registered physician, but do not want to be posted to the website?
After becoming a registered physician, physicians are provided with a preference form to determine whether they want to be posted to the website. You can update your preferences by completing this Physician Participation Preference.
Medical Cannabis Advisory Board (MCAB) Information
What is the Medical Cannabis Advisory Board (MCAB)?
The Medical Cannabis Act established the Medical Cannabis Advisory Board (MCAB) and the Office of Medical Cannabis (OMC), but they are not the same entity. Please refer to the infographic below to examine the differences between the MCAB and OMC. Find more information about MCAB at West Virginia Legislature.
Who are the members of the Medical Cannabis Advisory Board
| Name | Agency |
|---|---|
| Dr. Mark McDaniel., DO, FAAFP | State Health Officer |
| Mr. James L. Mitchell | Superintendent of State Police |
| Dr. Jeremy Hustead, M.D., FASAM | Behavioral. Medicine a Psychiatry (WVAAPP) |
| Mr. Chris Pritt, Esq. | Attorney |
| Mrs. Ashley Smith, APRN, CNP | Patient /Patient Advocate |
| Dr. James Berry | Psychiatrist |
| Dr. Edward Eskew | Addiction Medicine |
| Mr. John "JJ" Bernabei | WV Board of Pharmacy |
| Mrs. Arnie Minor-Richard | WV Department of Agriculture - Deputy Commissioner |
| Dr. Clark Milton | Internal. Medicine |
| Dr. Michael Antolini | Family Medicine |
| Vacant | Anesthesiology/Pain Medicine |
| Mr. Dan Holstein | Prosecuting Attorneys Institute |
| Dr. Scott Mitchell | Oncologist/Palliative Care |
| Vacant | Pharmacologist |
Are board members compensated for their time on the Board?
Members are will not receive compensation, but will receive reasonable reimbursement for travel, hotel and other necessary expenses incurred in the performance of the duties of the member in accordance with state rules.
How does the board operate?
Members appointed by the Governor have terms of four years. Subsequent to their initial term, members can serve an additional four years or until a successor has been appointed and qualified, but no longer than six months beyond the four-year period. A quorum, for purposes of organizing, conducting business and fulfilling Board duties, is constituted as a majority of the Board members in attendance. The Commissioner, or designee, of the Bureau for Public Health serves as chair of the Board. A member who fails to attend three consecutive meetings shall be deemed vacant unless excused by the Commissioner for good cause. Board meetings may be attended electronically by board members.
When does the MCAB meet?
The MCAB meets quarterly throughout the year. Public notice of MCAB meetings can be found on the advisory board page on the website and on the West Virginia Secretary of State website under the meeting notices section.
MCAB workgroup meetings typically meet between full board meetings. All workgroup meeting dates can be found on the advisory board page and the West Virginia Secretary of State website.
Links to find meetings:
