West Virginia
Status: In West Virginia, qualified registered medical marijuana patients may be in possession of marijuana, and state licensed businesses may grow, process, transport, and dispense marijuana.
| CBD Program | Medical Program | Recreational Program | Are Applications Open? |
| Legal | Legal | Not legal | Dec 19, 2019 - Feb 18, 2020 |
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Number of West Virginia Licenses Available
| Dispensaries | Cultivation | Manufacturing/Processing | Transportation |
| 100 | 10 | 10 | 0 |
Every state has different marijuana laws- they are regulated by state, not federal law. Some states allow marijuana for recreational and medical use, some states only allow medical use, and some only allow certain low THC products for medical use. Most states limit the number of licenses they will grant and the window to apply for them. Getting licenced is never simple- there are very specific requirements and guidelines that differ by state and its usually highly competitive, which is why most successful applicants work with consultants like Dispensary Permits to help guide them. We highly advise you read the guidelines below thoroughly and then consider working with a consultant or using our templates and guides.
You can read the full text of the West Virginia law at: West Virginia Department of Health
You can read the full text of the West Virginia law at: West Virginia Department of Health
West Virginia Medical Marijuana Grower Guidelines
- Apply for a permit with the Department before growing marijuana.
- The state shall award up to 10 grower permits and up to 2 locations per permit.
- There will be a nonrefundable $5,000 application fee and a $50,000 registration fee required during the submission of the application but will be refunded if permit is not awarded.
- No more than 1 grower’s permit shall be issued to 1 person.
- A person who holds a grower’s permit may also hold a processor’s permit and a dispensary permit.
- Growing facility must meet the same municipal zoning and land use requirements as other manufacturing, processing and production facilities that are located in the same zoning district.
REQUIRED WEST VIRGINIA MARIJUANA BUSINESS PLANS FOR GROWERS APPLICATION:
- Cultivation Plan Template
- Environmental Plan Template
- Financial Plan Template
- Fire Safety Plan Template
- Inventory Control Plan Template
- Product Safety Plan Template
- Security Plan Template
- Staffing Plan Template
- Suitability of Proposed Plan Template
- Transportation Plan Template
RECOMMENDED WEST VIRGINIA MARIJUANA BUSINESS PLANS FOR GROWERS APPLICATION:
West Virginia Medical Marijuana Processor Guidelines
- Apply for a permit with the Department before processing marijuana.
- The state shall award up to 10 processor permits.
- There will be a nonrefundable $5,000 application fee and a $50,000 registration fee required during the submission of the application but will be refunded if permit is not awarded.
- No more than 1 processor’s permit shall be issued to 1 person.
- A person who holds a processor’s permit may also hold a grower’s permit and a dispensary permit.
- Processing facility must meet the same municipal zoning and land use requirements as other manufacturing, processing and production facilities that are located in the same zoning district.
REQUIRED WEST VIRGINIA MARIJUANA BUSINESS PLANS FOR PROCESSORS APPLICATION:
- Manufacturing/Processing Plan Template
- Environmental Plan Template
- Financial Plan Template
- Fire Safety Plan Template
- Inventory Control Plan Template
- Product Safety Plan Template
- Security Plan Template
- Staffing Plan Template
- Suitability of Proposed Plan Template
- Transportation Plan Template
RECOMMENDED WEST VIRGINIA MARIJUANA BUSINESS PLANS FOR PROCESSORS APPLICATION:
West Virginia Medical Marijuana Dispensary Guidelines
- Apply for a permit with the Department before dispensing marijuana.
- The state shall award up to 100 dispensary permits.
- No more than 10 dispensary permits shall be issued to 1 person.
- A person who holds a dispensary permit may hold a grower or processor permit.
- There will be a nonrefundable $2,5000 application fee and a $10,000 registration fee for each location required during the submission of the application but will be refunded if permit is not awarded.
- Dispensary facility must meet the same municipal zoning and land use requirements as other commercial facilities that are located in the same zoning district.
REQUIRED WEST VIRGINIA MARIJUANA BUSINESS PLANS FOR DISPENSARY APPLICATION:
- Business & Operations Plan Template
- Financial Plan Template
- Inventory Control Plan Template
- Patient Education Plan Template
- Patient Recordkeeping Plan Template
- Security Plan Template
- Staffing Plan Template
RECOMMENDED WEST VIRGINIA MARIJUANA BUSINESS PLANS FOR DISPENSARY APPLICATION
The History of West Virginia Marijuana
On April 19th, 2017, Gov. Jim Justice signed Senate Bill 386, a medical marijuana bill into law, allowing for the medicinal use of marijuana for qualifying patients in the following forms: pill; oil; topical forms including gels, creams or ointments; a form medically appropriate for administration by vaporization or nebulization, excluding dry leaf or plant form unless dry leaf or plant forms become acceptable under rules adopted by the Bureau for Public Health; tincture; liquid; or dermal patch. The Bureau of Public Health is tasked with regulating the Act, including the development of the program’s rules and regulations for medical marijuana growers, processors, and dispensaries.
Justice signed HB 2538 into law on March 26, 2019. The bill addresses banking services for the state’s medical cannabis program by authorizing the state to allow financial institutions, including credit unions, to bid on contracts to process fees and other transactions collected under the program. Banking for medical marijuana businesses has been an ongoing issue that has stopped the state’s program from moving forward since it passed into law in 2017. With the passage of this bill, we anticipate the state to continue program implementation and open applications for medical marijuana businesses this year.
After a special legislative session, Senate Bill 1037 was signed into law on May 29, 2019. The bill makes the following changes to West Virginia’s medical cannabis program:
- Increases the number of available dispensary permits from 30 to 100. Additionally, an applicant can have a permit for up to 10 dispensaries.
- Allows vertical integration of medical cannabis organizations (applicants may be a grower, processor, and dispensary).
- Moves the tax on medical cannabis from growers and processors to dispensaries. Dispensaries are subject to a privilege tax of 10% on gross receipts from the sale of medical cannabis to a patient or caregiver.
- Dispensaries are explicitly exempt from any kind of sales or use tax, including any kind of special district excise tax, or any county or municipal sales tax.
- Removes the requirement that physicians have to care for a patient for at least 6 months or otherwise determine that opiate therapy would be ineffective prior to issuing a certification for medical cannabis.
- Removes the requirement that a pharmacist/physician be present at dispensaries when dispensing medical cannabis.
- Disbands medical cannabis “regions” throughout the state. Permits will be awarded to medical cannabis organizations based on a scoring rubric as outlined in the Act and crafted by the Office of Medical Cannabis.
- Imposes in-state residency requirements for permit holders
- Creates a pre-registration process for patients who wish to participate in the medical program
In July 2019, Allison Adler, director of communications for the West Virginia Department of Health, confirmed it may take the state up to three years before the state’s medical cannabis program is launched. Adler wrote in an email to MJBizDaily that the “primary cause” behind the projected two- to three-year delay is concern about the ability of medical marijuana companies to secure banking services. Although the banking issue was addressed in recent legislation, the entire process of selecting financial institutions, the implementation of program rules and regulations, as well as registering patients and licensing businesses will take some time.
The Office of Medical Cannabis will begin accepting permit applications for medical cannabis growers, processors, dispensaries, and laboratories on December 19, 2019. The office will accept applications through February 18, 2020.
Qualifying Medical Conditions: 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.”