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MMJ State Guide

West Virginia

Medical marijuana became legal in West Virginia in 2017. There is no medical marijuana program (MMP) operational as of yet in West Virginia. Here’s a guide to getting a medical marijuana card in West Virginia …

High Point, North Fork Mountain, West Virginia
http://www.forestwander.com

Telehealth/In-Person

No telemedicine policy in place. HB 4463 and SB 320 would permit the practice of telemedicine.

How Old Do I Have to Be to Apply for a Medical Marijuana Card?

18 years old or over. Caregivers must be 18 years old or over.

How Long Does it take to Get My MMJ Card?

Expect 30 – 90 days, as West Virginia’s medical marijuana program is yet to begin.

Cost

Unknown as of yet. Medical marijuana program is yet to start.

Possession Limit (Medical Marijuana Patients)

Patients may possess up to a 30-day supply, but no specifics are available as to what the 30-day supply constitutes or who can determine the amount a patient needs over 30 days. Medical marijuana patients cannot possess herbal cannabis, and must instead use cannabis-infused oils or liquids that can be vaporized. Topicals, patches or tinctures are also deemed acceptable forms of usage.

Qualifying Conditions

  • Post-Traumatic Stress Disorder (PTSD)
  • Refractory generalized anxiety disorder (Refractory GAD)
  • Cancer
  • HIV/AIDS
  • Parkinson’s disease
  • Conditions that cause persistent muscle spasms
  • Epileptic seizures
  • Severe nausea and vomiting
  • Anorexia
  • Cachexia/wasting syndrome
  • Any debilitating illness or disease that requires hospice or palliative care, or is terminal

Medical Marijuana Laws

2017 – Governor Jim Justice signs Senate Bill 386 (SB 386), legalizing cannabis for medical purposes. The bill was introduced by Senator Richard Ojeda. Medical marijuana cards will be issued as of 2019.

Patients are permitted to possess a 30-day supply of cannabis-infused products. Patients may not possess herbal cannabis. Only pills, oils, topicals, tinctures or patches. Smoking cannabis is not permitted.

Home cultivation is prohibited.

Dispensaries are permitted, but not operational as of yet.

Caregiver program is available. Patients may have up to 2 caregivers at once. Caregivers may not have more than 5 patients under their care.

No reciprocity with other states, as of yet.

For those without a medical marijuana card (unlikely until 2019), possession of any amount of marijuana is considered a misdemeanor, with between 90 days and 6 months incarceration and a maximum fine of up to $1,000.

Sale or trafficking cannabis in West Virginia is a mandatory minimum sentence of 1 year, and up to 5 years imprisonment and a maximum fine of up to $15,000.

Selling, manufacturing, advertising or distributing paraphernalia carries a minimum mandatory sentence of 6 months and up to 1 year imprisonment. There is a maximum fine of up to $5,000.

Penalties for hashish and concentrates are the same as those for marijuana.

Attempting to adulterate a drug screening test is a misdemeanor, with up to 1 year incarceration and/or a $10,000 fine.

Driver’s license may be revoked for any offense when a motor vehicle is in use.

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